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Planning Commission approves rezoning to allow Happy Hearts group-home apartments at 144 North Nettleton
Summary
The Bonner Springs Planning Commission unanimously approved rezoning BSRZ0324 to MR, allowing Happy Hearts Working Inc. to convert upper-floor units at 144 North Nettleton into four semi-independent apartments and continue its day program. Staff said a special-use permit is not available for group homes under the current UDO.
The Bonner Springs Planning Commission on Nov. 19 unanimously approved rezoning application BSRZ0324 to allow Happy Hearts Working Inc. to add residential group-home units at 144 North Nettleton while continuing its day program.
City planner (staff) told the commission that the building’s current MC (Mixed Commercial) zoning does not allow group homes under the current Unified Development Ordinance and that rezoning to MR (Mixed Residential) would permit semi-independent living on the upper floors while preserving the existing day-program use. Staff said prior zoning language under the old MX mixed-use designation had allowed group homes but the rewritten UDO requires a rezoning for this use.
Carol Farnsworth, director of Happy Hearts Working, testified the nonprofit has operated a day program in Bonner Springs for five-and-a-half years serving nine adults and partners with about 25 area schools and businesses for paid jobs and volunteer opportunities. She described plans for four individual apartments on the top level of 144 North Nettleton, agency transportation (paratransit and two agency vehicles), and program hours of about 8:30 a.m. to 3:30 p.m. “Our associates long to live a life shared with others in the community just like you and me,” Farnsworth said, urging approval.
Bob Bradbury, a neighboring property owner, said he supports the program but opposed rezoning specifically, arguing the use could proceed under the current zoning through a special-use permit and warning that rezoning could be ‘‘spot zoning.’’ Staff responded that the UDO does not currently allow group homes as a special-use option and that a rezoning is required for the requested residential use.
Commissioners discussed parking and staff confirmed the property includes a large rear lot and additional parking along Nettleton. After brief discussion about neighborhood character and the lack of an alternative permitting path, a commissioner moved to approve the application subject to the staff stipulations; the motion passed on a roll-call vote, 7–0.
The public hearing for BSRZ0324 had been opened at 6:33 p.m. and closed at 6:48 p.m. The commission recorded the vote and approved the rezoning at the Nov. 19 meeting.
