Focus Area: Economy, Community Development
Staff Contact: Jessica Schuller, Senior Planner
________________________________________________________________________________
title:
title
Consideration of Ordinance No. 26-60 (RZ26-0010), requesting approval of a rezoning to the R-4 (Medium Density Multifamily) District and a preliminary site development plan for the Residences at Heritage Park on approximately 25.28 acres, located northwest of 159th Street and Pflumm Road. Planning Commission recommends approval 4 to 3.
Body
________________________________________________________________________________
RECOMMENDED MOTION(S):
1. I move to approve Ordinance No. 26-60 [6 positive votes required due to the valid protest petition].
2. I move to deny Ordinance No. 26-60 [5 positive votes required].
3. I move to 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].
_______________________________________________________________________________
Summary:
The applicant is requesting a rezoning from the BP (Business Park) District to the R-4 (Medium-Density Multifamily) District for a 25-acre property located ¼ mile north of 159th Street and west of Pflumm Road. The development consists of seven (7) 4-story apartment buildings, with amenities including a swimming pool, sport courts, putting green and walking trails. The project includes 476 dwelling units at a density of 18.83 dwelling units per acre.
The site will take access from Pflumm Road and turn lane improvements are required at all three proposed entrances. The site is landscaped per UDO requirements, and robust screening and buffering is provided along the western property line, including 6-foot landscaped berms, constructed features, and tree preservation areas.
The site is designated as Mixed Residential Neighborhood on the Elevate Olathe Future Land Use Map. The applicant’s request to rezone to the R-4 District aligns with this land use designation which supports multistory apartment buildings as a preferred use in this land use category. Elevate Olathe provides that higher-density developments should be located on the periphery of neighborhoods, along non-local streets, and designed to minimize traffic impacts. This request meets the rezoning criteria identified in UDO 18.40.090 as detailed in the attached Planning Commission Packet (Attachment A).
Stipulations are included for two requested waivers, one to the architectural treatment of street-facing garage doors (pertaining to only one building), and the second waiver to reduce the required 75-foot buffer adjacent to the northern commercially zoned property. Staff is supportive of these waiver requests because of the additional landscaping and entryway features provided along Pflumm Road, and due to adequate building separations, enhanced landscaping, and fencing along the north property line. A stipulation is also included to limit the maximum allowed density to 22 dwelling units/acre, in alignment with R-4 District standards.
On October 12, 2026, the Planning Commission held a public hearing for the proposed request with 13 individuals appearing to speak. Stated reasons for opposition included the building height, traffic and safety impacts of the roadway network, and stormwater/drainage concerns. Additional public comments received after publication of the Planning Commission meeting packet, and before the publication date of this report, are included as Attachment C.
The Planning Commission discussed traffic and timing of road improvements, height and line of sight of the proposed buildings, density and screening, and the character of the neighborhood. After discussion, the Planning Commission voted 4-3 to recommend approval of RZ26-0010 with staff’s recommended stipulations.
After the Planning Commission meeting, 30 property owner entities filed protest petitions against the application. The protest was deemed valid as 25.97% of the land area within 200 feet of the subject property (and 1,000 feet of unincorporated land area), is under protest (Attachment D). This exceeds the 20% minimum threshold for valid protest petitions; an affirmative vote of at least ¾ of the members of the City Council (six (6) Councilmembers) is required to approve the rezoning.
________________________________________________________________________________
Financial Information:
NoneClick or tap here to enter text.
________________________________________________________________________________
Attachment(s):
A. Planning Commission Packet
B. Planning Commission Minutes
C. Additional Public Correspondence
D. Protest Petition Summary
E. Ordinance No. 26-60