Focus Area: Economy, Planning Division
Staff Contact: Kim Hollingsworth, Planning and Development Manager
Subject: RZ23-0004: Rezoning and Preliminary Site Development Plan for the K7 & College Multifamily Development; Applicant: Curtis Holland, Polsinelli PC
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Consideration of Ordinance No. 23-35 (RZ23-0004), requesting approval of a rezoning from the MP-2 (Planned General Industrial) District to the R-4 (Residential Medium-Density Multifamily) District and a preliminary site development plan for the K7 & College Multifamily Development on approximately 30.06 acres; located northeast of College Boulevard and K-7 Highway. Planning Commission’s motion to approve the rezoning failed 4 to 4.
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Summary:
The applicant is requesting a rezoning to the R-4 (Medium Density Multifamily) District and a preliminary site development plan for ten (10) four-story apartment buildings on an undeveloped site located north of College Boulevard and east of K-7 Highway. The preliminary site development plan includes 552 units with a density of 18 du/acre. Amenities include two swimming pools and two clubhouses, fountains, walking trails, a dog park and seating areas. The proposal meets UDO requirements for architecture, site design, landscaping and tree preservation. The development also meets the requirements of the K-7 Corridor Plan Design Guidelines through high-quality design and the incorporation of on-site amenities.
A new public collector street, Woodsonia Drive, will be constructed along the eastern property line, which will connect to College Boulevard to the south. Monticello Terrace will remain on the west side of the property and new turn lanes will be required at the intersection of College Boulevard.
Stipulations are included requiring the dedication of off-site rights-of-way and easements for infrastructure extensions, as well as the construction and acceptance of these improvements, prior to issuance of a temporary certificate of occupancy. Stipulations 5-8 within the Planning Commission staff report were required to be addressed prior to City Council consideration. Updated plans (Attachment D) were provided in accordance with these requirements, and these stipulations have been removed from the attached ordinance.
The subject property is designated as Urban Mixed Use Center on the PlanOlathe Comprehensive Plan future land use map. The proposed zoning is consistent with this land use designation by introducing a residential density which can support future commercial uses; the zoning is also consistent with several policies of the Comprehensive Plan.
The public hearing was held on September 11, 2023 and two representatives of adjacent property owners spoke. Public correspondence was also received following the Planning Commission meeting and is included as Attachment C.
Staff recommends approval of the application. After conducting the public hearing on September 11, and after discussion of traffic impacts, the required offsite infrastructure improvements, and land use, the Planning Commission voted 4-4. Under K.S.A. 12-757 (d), because the planning commission failed to make a recommendation on the rezoning request, the planning commission is deemed to have made a recommendation of disapproval. Thus, the planning commission recommend denial of RZ23-0004, thereby requiring a 2/3 vote of the governing body (5 votes) to approve the rezoning ordinance.
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Financial Impact:
None
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Action Needed:
1. Approve Ordinance No. 23-35 for a rezoning to the R-4 District, overriding the recommendation of the Planning Commission (5 positive votes required).
2. Deny Ordinance No. 23-35 for a rezoning to the R-4 District, adopting the recommendation of the Planning Commission.
3. Return the rezoning application to the Planning Commission for further consideration with a statement specifying the basis for the Governing Body’s failure to approve or disapprove.
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Attachment(s):
A. Planning Commission Packet
B. Planning Commission Minutes
C. Public Correspondence
D. Revised Preliminary Site Development Plans
E. Ordinance No.23-35