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City of Olathe header
File #: G23-3595   
Type: New Business Status: Agenda Ready
File created: 2/22/2023 In control: City Council
On agenda: 3/21/2023 Final action:
Title: Consideration of RZ21-0015, requesting a rezoning from the CTY RUR (County Rural) District to the R-3 (Low-Density Multifamily) District and a preliminary site development plan for Woodland Forest on approximately 33.89 acres; located southeast of K-10 Highway and Woodland Road.
Staff Contact: Jamie Robichaud, Kim Hollingsworth
Attachments: 1. A. Planning Commission Packet, 2. B. Planning Commission Minutes, 3. C. Additional Public Comments

Focus Area: Economy, Planning Division

Staff Contact: Kim Hollingsworth, Interim Planning Manager

Subject: RZ21-0015: Rezoning and Preliminary Site Development Plan for Woodland Forest; Applicant: Rick Oddo, Woodland K-10, LLC

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Item Description:

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Consideration of RZ21-0015, requesting a rezoning from the CTY RUR (County Rural) District to the R-3 (Low-Density Multifamily) District and a preliminary site development plan for Woodland Forest on approximately 33.89 acres; located southeast of K-10 Highway and Woodland Road.

 

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Summary:

On November 8, 2021 a public hearing was held for the proposed rezoning to the R-3 District for Woodland Forest Apartment Homes and the Planning Commission recommended denial of the request by a vote of 7 to 0.

 

On December 7, 2021, the City Council heard the application and after discussion, remanded it back to the Planning Commission for review of the preliminary site development plan (preliminary plan). City Council directed the applicant as part of the remand to do all of the following:

 

a.                     Reduce the number of dwelling units by at least 50 units.

b.                     Consider an emergency fire gate on Millstone Drive.

c.                     Collaborate with the neighboring residents on a revised plan.

d.                     Present a revised preliminary plan meeting UDO and Woodland Road Corridor Plan (Woodland Plan) requirements that is acceptable to the Planning Commission.

 

Since the December 7th meeting, the applicant worked with staff and submitted a revised preliminary plan on January 6, 2023. Additionally, on January 26, 2023, the applicant met with representatives of the nearby neighborhoods including Eagle Crest, Raven Crest and Mill Creek Farms and staff has also been in contact with many residents. A significant amount of correspondence has been received for this application which includes 73 letters from nearby residents since the revised preliminary plan was submitted and an online petition with 489 signatures, which are provided in Attachments A and C. Prior to the December 7, 2021 City Council meeting, 510 letters were received which are available for reference on pages 48 - 606 of this report <https://olatheks.legistar.com/View.ashx?M=F&ID=10317365&GUID=D960E28A-FEAA-4CCD-8C63-0A0C2DF003A6>.

 

The revised preliminary plan includes 344 multi-family residential units within 10 buildings ranging from 3 to 3.5 stories in height, a clubhouse, pool amenity, dog park, sports field, a 10-foot-wide walking trail and a common open space in the center of the property. The proposed buildings are centered around a ring road that connects to S Emerald Street in the Eagle Crest subdivision and a proposed street connects to Woodland Road with a right-in/right-out access point. The applicant has agreed to install a traffic signal at 105th Street and Woodland Road if this application were approved.

 

During the February 27, 2023 Planning Commission meeting, staff provided an overview of the directives provided by the City Council and an update of the revised preliminary plan’s conformance with these directives. The preliminary plan meets all directives provided by the City Council on December 7, 2021 with the exception of the following:

 

a.                     The number of dwelling units was reduced by 37 instead of 50 units.

 

b.                     The proposed density is 10.15 instead of the 3 dwelling units per acre permitted by the Woodland Plan.

 

c.                     The buildings are 3.5-stories instead of the 3-stories permitted in the R-3 district.

 

d.                     The proposed tree preservation area of 5.58 acres does not meet the requirement to preserve all 11.94 acres as required by the Woodland Plan.

 

The Planning Commission discussed the proposed density, tree preservation, traffic and building heights during the meeting. After discussion, the Planning Commission made the following recommendations regarding the revised preliminary plan:

 

a.                     Density be reduced to be closer to a maximum of 150 total units (3 dwelling units per acre if possible preferred for approximately 90 units) in greater alignment with the Woodland Corridor Plan.

 

b.                     Additional trees be preserved to align significantly closer with the Woodland Corridor Plan.

 

c.                     Building heights should meet the requirement of the R-3 District; unless waiver criteria of the Unified Development Ordinance are met and it is necessary due to the topography on the site, then a maximum height of 3.5 stories may be considered.

 

In summary, the rezoning request to the R-3 District and the revised preliminary plan are both before the City Council for consideration. The Planning Commission provided the recommendations listed above on the preliminary plan and no changes to the preliminary plan have been made by the applicant since the February 27, 2023 meeting.

 

As the application was remanded to the Planning Commission, the vote required for approval of this rezoning request is four (4) of the City Council. Furthermore, an ordinance would need to be prepared by City staff for City Council’s consideration based on City Council’s direction regarding items including density, tree preservation and building height.

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Financial Impact:

None

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Action Needed:

1.                     Deny the rezoning request from the CTY RUR District to the R-3 District as recommended by the Planning Commission on November 8, 2021 (4 positive votes required).

2.                     Overturn the Planning Commission’s recommendation for denial and approve the rezoning request (4 positive votes required).

3.                     Return the application to the Planning Commission for further consideration with a statement specifying the basis for the Governing Body’s failure to approve or disapprove (4 positive votes required).

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Attachment(s):

A.                     Planning Commission Packet

B.                     Planning Commission Minutes

C.                     Additional Public Comments