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Shawnee County approves rezoning for 13 duplexes near Seaman schools amid strong neighborhood opposition
Summary
The Shawnee County Board of County Commissioners voted unanimously Dec. 12 to rezone 11.52 acres north of Northwest Rochester Road to a planned unit development allowing 13 duplexes, after several revisions from the applicant and extensive public comment by neighbors opposing the project.
The Shawnee County Board of County Commissioners voted 3-0 on Dec. 12 to amend zoning for about 11.52 acres north of Northwest Rochester Road, approving a planned unit development that allows 13 duplex structures (26 units) with an underlying M-1 two‑family zoning.
Planning Director Joanie told the board the request — filed as Resolution No. 2024-83 — had been before the planning commission twice. She said the applicant substantially revised the plan after the first hearing, removing an on‑site wastewater lagoon, reducing density from 15 duplexes to 13 and shifting the layout to increase roadway setbacks. Joanie said the county received 22 protest petitions that equated to 74.15% of the area within 1,000 feet, which triggers a requirement that the commission vote unanimously to approve.
Developer Robert Palmer described the project as market‑rate rental housing aimed at older adults, saying the units would be 3-bedroom, 2-bath and managed by a professional company. “I’m never leaving North Topeka,” Palmer said, and added, “I’m not going to rent to Section 8,” explaining his intended tenant profile and the financial assumptions behind the project. Engineer Joshua Blinsky of SBB Engineering described design changes made to address neighbor concerns, including a single paved entrance, more screening and lateral septic fields replacing the original lagoon proposal.
Neighbors who spoke during the public hearing urged denial. “Twice, the Shawnee County Planning Commission has recommended this to not go through,” said Matt Armfield, who listed community opposition and concerns about traffic and future ownership structure. Contractor Mike Dromas questioned the site’s lack of municipal infrastructure and raised construction‑inspection and ADA concerns for units intended for seniors. Jackie Nelson, who lives three doors north of the parcel, said, “Just listen to your community,” and described long‑standing local objections and signed petitions.
Planning staff recommended approval subject to conditions including conformance to the master plan and site development plan, a final plat recorded with the City of Topeka before any development, required stormwater detention, identification of a drought well on the plat, vegetation and screening plans, and placement of a fire hydrant near the end of the private drive for emergency access. Joanie said the project must follow those conditions and Shawnee County permitting procedures before construction could begin.
Commissioners debated housing demand and neighborhood character before Aaron Mayes moved for approval and Bill Rippon seconded. Mayes cited the county’s housing needs and the applicant’s revisions; Rippon said the PUD structure limits future expansion of the project under current rules. The motion passed 3-0, meeting the unanimous threshold required because of the protest petitions.
Next steps: the applicant must finalize platting with the City of Topeka and comply with the county’s permit and site‑development requirements before any building permits are issued.
