Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 20-061Ord.No:          19148

Agenda Title:

  1. 20-061 - 2R.  An ordinance approving a Special Use Permit to operate a carwash at 1503 and 1505 E. 23rd Street S., in Independence, Missouri.
Recommendations:

Commissioner Bill Preston motioned and Commissioner Virginia Ferguson seconded to recommend approval of the application with the following conditions:

1)      Include a graphic of the noise levels for all mechanized systems and vacuums.

2)      Provide a detailed landscaping plan per Code with the site plan application and construction plans.

 

The Independence Planning Commission voted as follows:

Commissioner Dreher

 

-

Yes

Commissioner McClain

-

Yes

Commissioner Michell

 

-

Yes

Commissioner Preston

-

Yes

Commissioner Ferguson

 

-

Yes

Commissioner Weir

-

Yes

Commissioner Wiley

 

 

- Absent

 

 

 

 

The motion was approved 6-0 and such application is forwarded to the City Council for its consideration.  Staff concurs with the recommendation of the Planning Commission.

Executive Summary:

McBee’s Coffee and Carwash requests a Special Use Permit for a tunnel carwash and coffee shop located at 1503 E. 23rd Street S.
Background:

The applicant intends to develop a four-lot subdivision.  Three lots and a tract along the 23rd 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 at this time.

 

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.  The 18,000-square foot tunnel building will have a north/south orientation.  Customers forming ques to go through the tunnel will enter the site primarily from 23rd Street, but also via a private driveway to the southeast.  They will wait in one of three lines to pay for a wash/coffee purchase west of the tunnel building and take their turn entering the south side of the tunnel.  Exiting from the north, customers will move to a parking area east of the building for the vacuums or exit to the west and north.

 

When a site plan application and building permit are submitted, a more detailed site and landscaping plans will be required.  The site and landscaping plans must include the elements, plantings and green spaces required by the UDO (Unified Development Ordinance).

 

Lastly, the applicant has provided an artist rendering of the building envisioned.  The intention of the applicant is to create a building that does not stand out as a carwash, but is compatible with the surrounding commercial uses.

 

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 located 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 Haden Street will be aligned with the existing segment north of 23rd Street.  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 23rd 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.

 

REVIEW CRITERIA

Recommendations and decisions on Special Use permit applications must be based on consideration of all of the following criteria:

1.      Compatibility of the proposed use 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 lie to the east.  Undeveloped property lies to the west and southwest.

2.      The extent to which the proposed use is compatible with the adjacent zoning and uses.

A carwash/coffee shop will be consistant with the retail/service corridor.

3.      The Impact of the proposed use on public facilities.

The site wil be an area of infill development in a largely developed corridor.  All public utilities are readily available in the area.

4.      The suitability of the property for the permitted uses to which it has been restricted under the applicable zoning district regulations.

The property is well suited for C-2 uses, being located on  major commercial corridor.

5.      The extent to which the proposed use may injure or detrimentally affect the use of enjoyment of property in the area.

The proposed project should not injure or have detrimental affect on the use of or the enjoyment of the property.  Most residential uses are distant.

6.      The extent to which the proposed use will create excessive storm water runoff, air pollution, noise pollution or other environmental harm.

Waste water from the operation will be directed to the sanitary sewer system and the noise from the vacuums must be mitigated in accordance with city code.

7.      The extent to which there is a need for the use in the community.

The 23rd Street corridor lacks this type of tunnel facility.  The vacuums and mechanical equipment will be distant from most of the residential uses in the area, except the for residence to the east.

8.      The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to this article.

The applicant is a regular developer in the City and should be able to satisfy all requirements of the article.

9.      The extent to which public facilite and services are avaliable and adequate to meet the demand for facilities and services generated by the proposed use.

Public services and infrastructure are there to support the development.

10.  Conformance of the proposed use to the Comprehensive Plan and other adopted plans and polices.

The Comprehensive Plan envisions Commercial uses for this site.

11.  The extent to which the use will impact sustainability or revitalization of a given area.

The addition of a carwash/coffee shop will add a new element to the area’s commercial mix.

 

Planning Commission Action - At its July 14, 2020 meeting, the Planning Commission voted 6-0 to recommend approval of this application with the conditions listed above, after consideration of the following facts:

  1. That, this request is consistent with the review criteria listed in Section 14-704-09 of the City Code.
  2. That, a virtual 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 C-2 zoning classification allows for retail sales, services, banks, restaurants, offices, churches, childcare, hospitals, libraries, parks, lodging, agriculture and other similar uses by right.
  4. That, this Special Use Permit allows only one additional use, a tunnel carwash, not already permitted by right in a C-2 zoning district.
  5. That, at the virtual Planning Commission hearing, two spoke in opposition to this Special Use Permit application.
  6. That, the applicant agreed to make improvements to the site listed as conditions of approval.
  7. That, a virtual 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.
  8. That, the C-2 zoning classification allows for retail sales, services, banks, restaurants, offices, churches, childcare, hospitals, libraries, parks, lodging, agriculture and other similar uses by right.


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 23rd 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 23rd 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 23rd 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 23rd 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."

Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
DepartmentAction
Community Development DepartmentApproved
Finance DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
Draft OrdinanceOrdinance
Staff ReportBackup Material
Zoning MapBackup Material
Letter from ApplicantBackup Material
Site PlanBackup Material
Notification LetterBackup Material
Notification AreaBackup Material
ElevationsBackup Material
Floor PlanBackup Material