1. 20-060 - 2R.  An ordinance approving a rezoning from District R-6 (Single-Family Residential) to District C-2 (General Commercial) for the properties at 1401, 1409, 1503 and 1505 E. 23rd Street S., in Independence, Missouri.

Commissioner Preston made a motion to recommend approval of the application.  A second to the motion was made by Commissioner Ferguson.  The Independence Planning Commission voted as follows:

The motion passed and such application is forwarded to the City Council for its consideration. Staff recommends approval of this application.

Steve McBee requests to rezone its property at 1401, 1409, 1503 and 1505 E. 23^rd Street from R-6 (Single-Family Residential) to C-2 (General Commercial).

The applicant intends to develop a four-lot subdivision.  Three lots and a tract along the 23^rd Street corridor will be zoned C-2 (General Commercial).  The western lot and the middle lot have yet to have a proposed use.  A proposed Special Use for a Carwash will encompass the area of eastern most lot and adjacent tract.   South of the commercial lots, the remainder of the property will remain undeveloped and keep its existing R-6 (Single-Family Residential) zoning.

The applicant intends to construct a high-end, tunnel carwash, with an express exterior wash and interior detailing, on the 50,309-square foot eastern most lot.  The tract to the southeast will be the site of the detention basin.

Access to the subdivision will be via S. Haden Street extended across 23^rd Street along the western edge of the development.  South of the intersection, a private driveway will extend eastward south of the commercial lots providing access.  Lot 1 will have a driveway off 23^rd Street as well be aligned with Woodbury Street.  South Haden Street will be built to City standards.  Public sidewalks are needed on both side of the street.

Prior to site plan and building permit approval, the property must be replatted.

Consistency with Independence for All, Strategic Plan:

The proposal is consistent with the Goal, “Increase economic prosperity of community”.  It meets the strategy to, “recruit business.”

Comprehensive Plan Guiding Land Use Principles: 

The proposal is consistent with the Guiding Principle, “Foster redevelopment opportunities within the city to revitalize used or underused property”.  It meets the policies to, “Encourage redevelopment or adaptive reuse of vacant or underutilized buildings and sites,” and, “Encourage reinvestment in our existing neighborhoods.”

Historic and Archeological Sites: There are no apparent historic/archeological issues with this property.

Public Utilities:  All utilities are present and available near the site.

Traffic Study: Tran Systems prepared a study for the Preliminary Plat and proposed residential and commercial development McBee Landing.  The study included trip generation estimates, trip distribution estimates, capacity analysis and a summary of findings.  McBee’s Coffee and Carwash’s planned driveway will be aligned with Woodbury Street and an extension to S. Haden Street will be aligned with the existing segment north of 23^rd Street S.  Sight distances will be adequate for both accesses.

The study indicates that most side street movements at the study intersections are projected to operate at level E or F (the worst categories for intersection movements) during peak hours.  This is largely due to high traffic volumes on 23^rd Street.  The suggested mitigation is to construct additional outbound lanes on the driveway and Haden Street to permit the bypass of left-turning vehicles.  Traffic volumes from the side streets and driveway will not be enough to warrant any signalization of the intersections.

Recommendations and decisions on rezoning applications must be based on consideration of all of the following criteria:

1.      Conformance of the requested zoning with the Comprehensive Plan.

The Comprehensive Plan recommends Community Commercial uses for this site

2.      Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts.

There are no recent neighborhood or sub-area plans for this area.

3.      The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning.

There is not any overlay zoning.  The proposed zoning is similar to that already present along the 23^rd Street corridor.  The proposed use is compatible with other General Commercial uses along the street.

4.      The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.

The carwash/coffee shop will be immediately adjacent to one single-family residence.  Other single-family uses are across the street.  Commercial uses (a tire and grocery store) lie to the east.  Undeveloped property lies to the west and southwest.

5.      The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.

The existing R-6 zoning is not ideal for immediately adjacent to the 23^rd Street right-of-way, which is a heavily traveled roadway.

6.      The length of time the subject property has remained vacant as zoned.

This property has been vacant for more than a decade before which it was the site of two residences.

7.      The extent to which approving the rezoning will detrimentally affect nearby properties.

Again, the proposed zoning is similar to that already present along the 23^rd Street corridor.  The proposed use is compatible with other General Commercial uses along the street.

8.      The gain, if any, to the public health, safety and welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application. The community will benefit from the commercial uses as with the new street access and infrastructure for new residential development to the south.

Planning Commission Action:  At its July 14, 2020 Planning Commission meeting, the motion for approval passed 6-0, after consideration of the following facts:

1. That, the rezoning is consistent with the review criteria listed in Section 14-701-02 of the City Code.
2.  That, a public hearing was held pursuant to a notice duly published according to law, at which time all interested parties were given the full opportunity to be heard.
3. That, the current R-6 (Single Family Residential) zoning allows the following uses: single-family dwellings, churches, and schools.
4.  That, the proposed. C-2 (General Commercial) zoning allows the following uses: retail, services, office, restaurants, meeting halls, banks, daycare centers, government facilities, churches, schools, colleges and universities, and medical services.
5.  That, at the virtual Planning Commission hearing, the owner spoke in favor of the application, and two people spoke against the proposed rezoning.
6. That, no protest petition was submitted in opposition to the application.

Draft Planning Commission Meeting minutes:

"Case 20-100-01 – Rezoning – 1401, 1409, 1503 and 1505 E. 23rd Street S.

Case 20-200-01 – Special Use Permit – 1503 and 1505 E. 23rd Street S.

Case 20-310-01 – Preliminary Plat – McBee Landing, Lots 1 through 4 and Tract A

Staff Presentation

Brian Harker presented the case.  Mr. Harker presented the Commission with a vicinity map, noting the area and surrounding zoning.  He presented the Commission with an aerial map indicating the project area and explained the surrounding land uses.  Mr. Harker reviewed the Special Use Permit conditions, including a graphic of the noise levels for all mechanized systems and vacuums, and a detailed landscape plan.

Applicant Comments

Steven McBee, 1400 N. Bill Johnson Rd, stated the car wash will use a conveyor belt instead of commonly used chain and roller system.  He stated each car wash also comes with a cup of coffee. 

Commissioner Preston stated he is excited about this project, but expressed concern about the noise with the residence near the tire shop. 

Mr. McBee stated they would construct a privacy fence similar to the one between the residence and Discount Tire.  He said they will use a central vacuum system with only two turbines, which will reduce noise.  Mr. McBee stated the car wash will also have doors that will close in between each car being washed.  He said he would have the report on noise levels to staff by Friday. 

In response to Commissioner Michell’s question, Mr. McBee stated there will only be one row of vacuums.  Mr. McBee noted the enclosure for the central vacuum system will be insulated to reduce noise as well.

In response to Commissioner Preston’s question, Mr. McBee clarified the vacuums will be in bays, but the turbines running the vacuums will be enclosed.

Commissioner Weir asked if Mr. McBee saw a letter from a concerned resident that lives south of the site.  Commissioner Weir noted the resident was concerned her easement, with access to 23^rd Street, would become inaccessible.  Mr. McBee stated they will reach out to the resident to ease her concerns.    

Mr. McBee stated the right of way off 23^rd Street would supply sufficient access to the property.  He stated there was concept plan drawn showing access to Kings Highway, but stated that is not in the current plans because they don’t own that property.

Public Comments

Kristin Skinner, 31720 S. McClain Road, Harrisonville, stated she is a professional engineer.  She stated she was contacted by a nearby resident and was asked to look at the information they had received.  Ms. Skinner expressed several concerns with the traffic study.  She stated the study assumed an office use for Lots 1 and 2, but the plan sent to residents showed a restaurant.  Ms. Skinner said the plan the residents received showed access through her clients property to the west.  Ms. Skinner stated they are concerned about the lower level of service.  She expressed safety concerns with the increased traffic.  

Mr. McBee stated he didn’t realize the conceptual plans had been sent to residents.  He clarified one of the conceptual plans had shown additional access, but the right-of-way off 23^rd Street is the only access planned.  Mr. McBee said they do not plan to have additional access, unless the opportunity arose to purchase the property in the future. 

Mr. Harker stated he spoke to Discount Tire and their ownership is not interested in having access from their lot. 

In response to Commissioner Weir’s question, Mr. McBee stated both entrances would be open day one. 

Robert Walquist, Quist Engineering, stated they will be taking the grade down four to five feet.  He stated the car wash will be two to three feet above 23^rd Street.  Mr. Walquist stated there will also be a retaining wall built along the west side.

Commissioner Comments

Commissioner Weir asked if there would be a turn lane.  Mr. Arroyo stated they looked at a turn lane, but traffic volumes did not warrant one.  He said City staff would have concerns about traffic volumes if a restaurant was planned.  Mr. Arroyo stated the traffic study would have to be revisited if anything but an office space is planned for Lot 1 and 2.

Commissioner Michell asked if the Planning Commission could stipulate that the traffic study needs revisited if another plan other than office is planned for Lot 1 or 2.  Mr. McBee stated they are okay with a stipulation to the Preliminary Plat, stating that if the use changes from the proposed office use, that it has to come back before the Commission with a new traffic study.

In response to Commissioner Ferguson’s question, Mr. McBee stated the reclaim system would be under the conveyer belt in their equipment room.  Mr. McBee said the detention basin shown in the plan is for storm water only.

Motions

Commissioner Preston made a motion to approve Case 20-100-01 – Rezoning – 1401, 1409, 1503 and 1505 E. 23rd Street S.  Commissioner Ferguson seconded the motion.  The motion passed with six affirmative votes.

Commissioner Preston made a motion to approve Case 20-200-01 – Special Use Permit – 1503 and 1505 E. 23rd Street S, with the recommendations from staff.  Commissioner Ferguson seconded the motion.  The motion passed with six affirmative votes.

Commissioner Preston made a motion to approve Case 20-310-01 – Preliminary Plat – McBee Landing, Lots 1 through 4 and Tract A, with the stipulation if the proposed office uses is changed, it has to go back to the Planning Commission with a new traffic study.  Commissioner Ferguson seconded the motion.  The motion passed with six affirmative votes."