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Commission deadlocks on Chadwick Place rezoning as developer seeks continuance over power‑line stipulation
Summary
The Planning Commission split on PC47‑25 (Chadwick Place), a 62‑unit RP3 proposal, after debate over a staff stipulation requiring undergrounding of overhead power lines. The approval motion tied 4–4; the applicant requested and received a continuance to revise the proposal and pursue council review of the stipulation.
The Leawood Planning Commission split on a rezoning and preliminary plan for Chadwick Place (PC47‑25) on Sept. 30 after extended debate over a stipulation that would require burying overhead power lines along 135th Street.
Staff presented a 15.62‑acre application proposing 62 dwelling units (31 lots) under RP3 zoning, with deviations requested for side setbacks and interior lot lines. Staff recommended approval with stipulations 1–18 but noted a staff memo that amended stipulation 14; the applicant objected to that revision.
Curtis Holland, attorney for the applicant, described the practical and cost challenges of burying roughly 475 lineal feet of power line and asked the commission to defer final resolution of the stipulation to the governing body or to limit the applicant’s financial obligation (he proposed capping participation at one‑third of the cost). Holland said the applicant wanted parity with a nearby development that reached a similar agreement with the city.
Commissioners pressed staff on that stipulation and on connectivity, emergency access and open‑space calculations. During the roll call on a motion to approve—moved by Commissioner Block and seconded—votes were split and the chair announced a tie. Staff attorney read LDO §16‑5‑2.1, which states that a failure to make a recommendation on a properly completed application is deemed a recommendation of disapproval; the applicant then asked to continue the case to a future meeting to rework the plan.
The commission accepted the applicant’s request for a continuance and staff will work with the applicant on revisions. The matter will return to the planning commission with updated materials and may include further council action on the power‑line stipulation.
Key next steps: the applicant will consult with staff on revised language for stipulation 14 and potential engineering/cost solutions; the commission will re‑consider the application at a future regular meeting once revisions are submitted.
