Commission denies rezoning request for 1402 E. 40th after neighbors cite traffic, drainage and density concerns

Shawnee commissioners voted 6-0 to deny a request to rezone property at 1402 East 40th Street from R-1 (low-density residential) to R-2 (medium-density residential), a move that would have permitted the developer’s planned fourplex buildings. The vote followed a public hearing in which nearby residents, city staff and the applicant discussed traffic, drainage and density.

The applicant, Salazar Homes Inc., represented at the meeting by Charles Allen of Allen Engineering, proposed six fourplex buildings on the roughly 1.86-acre parcel, producing 24 dwelling units. Ryan Harkins, Shawnee’s community development director, told the commission the city’s future land-use map describes the site as medium-density residential (up to 12 dwelling units per acre) but cautioned that a rezoning would be a “spot zoning” decision; the Planning Commission recommended a conditional-use permit instead of rezoning so the governing body could require additional site improvements.

Neighbors who spoke at the hearing urged denial. Alfred Chanson, who said he represents an adjoining trust, called population density the primary concern and recommended reducing the number of buildings from six to four to allow greater setbacks and green space. “The primary concern is population density,” Chanson said. “It’s not hard to do the math.”

Several residents described existing traffic and safety problems on East 40th near Harrison and Sydney Drive and said the additional units would worsen congestion. Daryl Ingram said the area already experiences heavy flows during morning and evening commutes and questioned whether planned traffic surveys had been completed. “The traffic’s tremendous out there,” Ingram said. “The speed limit is 40 miles an hour. They travel at 45 to 55 down that street.”

Speakers also raised drainage concerns near Gordon Cooper Technology Center and asked the city to require thorough drainage and landscape plans. Harkins said the applicant’s site plan includes a retention pond intended to address some on-site runoff, and that building permits would require submitted and approved drainage and landscaping plans. Planning Commission members additionally recommended a traffic impact study to evaluate off-site effects on 40th Street.

During the meeting, Planning Commission chair and staff described options available to the city: approve as requested (rezoning to R-2), approve a conditional-use permit to allow the fourplexes with conditions, deny the request or defer for more information. The commission chose denial.

The denial preserves the R-1 zoning in place. The application included a proposed layout with three access points, parking pushed toward Sydney Drive, and the buildings oriented to create internal courtyards. Proponents of the project argued the development would increase housing supply in a market the city has identified as constrained, but those points did not sway the commission.

The governing body recorded the action as a legislative denial of rezoning, 6-0. The applicant may return with a revised plan, a conditional-use permit request, or other options that address the commission’s concerns.

Ending

City staff said required technical studies (traffic, drainage, landscape) would be necessary before building permits could be issued for any future proposal on the site. Allen Engineering, representing the applicant, said a traffic study would be provided if requested and that the firm would work with staff to address outstanding technical items.