Focus Area: Economy, Community Development
Staff Contact: Nathan Jurey, Senior Planner
Subject: RZ25-0020: Rezoning with Preliminary Site Development Plan for Dillons at Sunnybrook and Final Plat (FP25-0043) of Sunnybrook Business Park 4th Plat; Applicant: Michael Rokas, Dillons Food Stores
________________________________________________________________________________
title:
title
Consideration of Ordinance No. 26-11 (RZ25-0020), requesting approval of a rezoning from the BP (Business Park) District to C-2 (Community Center) District with a preliminary site development plan for Dillons at Sunnybrook and the public dedications for a final plat (FP25-0043) of Sunnybrook Business Park 4th Plat on approximately 14.11 acres, located southwest of College Boulevard and S. Lone Elm Road. Planning Commission recommends approval 7 to 0.
Body
________________________________________________________________________________
Summary:
The applicant is requesting approval to rezone a 14.11-acre property from the BP (Business Park) District to the C-2 (Community Center) District with a preliminary site development plan for Dillons at Sunnybrook. Additionally, the applicant is requesting acceptance of the dedication of land for public easements and right-of-way for the final plat of Sunnybrook Business Park 4th Plat, located southwest of College Boulevard and Lone Elm Road.
The preliminary development plan includes a 99,982 sq. ft. full-service Dillons grocery store with a 14-pump gas station on one (1) proposed lot. This site was annexed in 1996 and has remained undeveloped since it was zoned to the BP District in 1998 as part of the overall 314-acre Sunnybrook development.
This requested rezoning aligns with the Future Land Use Map and several goals and policies of the PlanOlathe Comprehensive Plan and meets the UDO Golden Criteria as outlined in the staff report included in the Planning Commission Packet. The Future Land Use Map designates this site as Employment Area, which is envisioned as predominantly large-format office buildings but may include complementary retail and services uses that are carefully integrated into the area. Staff’s recommendation includes a stipulation that limits certain land uses, ensuring the requested C-2 District remains integrated into the surrounding area as envisioned.
Regarding the preliminary development plan, stipulations are included for three (3) waivers that are supported by staff. Staff is supportive of the requested waivers to the maximum building footprint, minimum glass, and street-facing loading docks as four-sided articulation, building materials, pedestrian amenities, and additional screening measures were provided that exceed UDO standards. Included in staff’s recommendation is a stipulation to screen the trash service area from public view as required by the UDO.
The final plat of Sunnybrook Business Park 4th Plat (FP25-0043) dedicates new utility easements (U/E) and right-of-way for the extension of Sunnybrook Boulevard and establishes lot lines for one (1) commercial lot. This is a replat of a portion of Lot 6 of Sunnybrook Plat and is not subject to excise taxes.
The required neighborhood notice was provided and a neighborhood meeting was held on January 29, 2026 with 17 attendees. Discussion centered around stormwater, landscaping, screening and noise, and site lighting and security as summarized in the attached Planning Commission packet. Staff also received general inquiries about the project from two (2) individuals and comments from one (1) resident regarding Dillon’s inclusion in the shared maintenance costs of Sunnybrook’s existing regional stormwater detention system.
On February 23, 2026, the public hearing was held with no public speakers. The Planning Commission discussion centered around the justification for the requested waivers and ultimately voted 7-0 to recommend approval of RZ25-0020 and approved FP25-0043 as presented in the meeting minutes, subject to staff stipulations.
________________________________________________________________________________
Financial Impact:
None
________________________________________________________________________________
Action Needed:
1. Approve Ordinance No. 26-11 for a rezoning from the BP (Business Park) District to the C-2 (Community Center) District (4 positive votes required) and accept the dedication of land for public easements and right-of-way for Sunnybrook Business Park 4th Plat as recommended by the Planning Commission (majority vote of the Councilmembers present required).
2. Deny Ordinance No. 26-11 for a rezoning from the BP (Business Park) District to the C-2 (Community Center) District (5 positive votes required) and reject the dedication of land for public easements and right-of-way for Sunnybrook Business Park 4th Plat (majority vote of the Councilmembers present required).
3. Return the rezoning and final plat applications 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).
________________________________________________________________________________
Attachment(s):
A. Planning Commission Packet
B. Planning Commission Minutes
C. Ordinance No. 26-11