Planning commission recommends rezoning along NW Topeka Boulevard/NW 39th Street (Z-2601) to align parcels with residential use

The Shawnee County Planning Commission on Feb. 1 voted to recommend approval of Z-2601, a county-initiated rezoning that would change the district classification for multiple parcels along Northwest Topeka Boulevard and Northwest 39th Street from C-2 to RR-1 and convert one block to M-2. The recommendation passed by roll call, five votes in favor and one opposed; the proposal will be forwarded to the Board of County Commissioners for final action at its March 12 meeting.

Harine Perez, Planning and Zoning Administrator, told the commission the parcels were historically zoned C-1 and permitted residential use; when Shawnee County adopted current regulations in 1992 those areas converted to C-2, a commercial classification that no longer allows residential uses and therefore left existing homes as legal nonconforming uses. Perez said the mismatch has created "challenges for owners related to use recognition, financing, valuation, and marketability," and staff recommended downzoning to align official zoning with existing residential development.

Several residents spoke in opposition during the public comment period, saying they feared a loss of perceived commercial value and asked whether rezoning would reduce resale value. One resident at 335 Northwest 39th Street told the commission the area "has lived with this zoning for how many years" and questioned why the county would "downgrade" the parcels. Staff responded that typical appraisals focus on actual use rather than zoning, but acknowledged previous cases where owners had trouble obtaining appraisals or had to buy commercial insurance because of zoning status.

Commissioner debate focused on legal and practical consequences: staff explained county-initiated downzonings follow a statute that requires notice only to impacted properties rather than a broader mailing, and staff suggested the commission could defer action to gather additional data if it desired. Instead, a commissioner moved to approve the requested downgrades; that motion, seconded on the record, carried in a roll-call vote (Jeanette Johnson — Yes; Terry Robinson — Yes; Chad Gerhardt — No; Rosa Cavazos — Yes; Anne Bryan — Yes; Myron Leinreiter — Yes).

The commission’s recommendation is advisory; the Board of County Commissioners will consider the request on Thursday, March 12, where it may amend, accept, or reject the recommendation.