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

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

David Miller, AMCS intends to develop a nine-lot subdivision with a detention tract.  Except for Lot 9 (site of a daycare facility), all are subject to the requested down zoning from C-1 (Neighborhood Commercial) to R-12 (Two-Family Residential).  The applicant sees this property, extending considerably south of US 24 Highway, as more viable for residential than commercial uses.

The floorplan provided shows a one car garage (and thus a driveway) for each unit.  There will one duplex (two-units) per lot.  Because additional direct access across the US 24 Highway right-of-way and a portion of Davis Road is prohibited, proposed Lots 7 and 8 will need to be accessed from the southeastern portion of Lot 7.

Following the rezoning, creation of Preliminary and Final Plat are necessary before building permits can be issued.

Consistency with Independence for All, Strategic Plan:

The proposal fulfils the Goal, “Achieve livability, choice, access, health and safety through a quality, built environment”.

Comprehensive Plan Guiding Land Use Principles: 

The Imagine Independence 2040 Comprehensive Plan outlines principles for providing a variety of housing options, ensuring a balance of housing types, and promoting a mix of housing types within neighborhoods.

Historic and Archeological Sites:

There are no apparent historic/archeological issues with this property.

Public Utilities and Fire Protection:

The Water Department indicates there will need to be a 6-inch water main extension and fire hydrants installed along the west side of Davis Road from E. Davis Road to the north at a cost to the developer.  A 15-foot wide easement will need to be granted for this purpose.  Currently, there is a 15-foot wide easement on Lot 8 along the US 24 Highway along the right-of-way.

Sanitary sewers are accessible nearby and electrical service is readily available in the rights-of-way.   

Detention Basin:

A detention basin for the development will be constructed on a tract at the southeast corner of the property.

Public Improvements:

Development Engineering will require half-street improvements and sidewalks along the west and north sides of N. Davis Road and E. Davis Road, south of Millhaven Street.

Covenants:  The development will be required to from a Homes Association to take care of the common ground and any signage, to maintain the drainage basin and govern other things the owner’s decide need controlled.  A draft will be provided with the Final Plat.

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

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

The Comprehensive Plan envisions Residential Neighborhood 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.

The neighborhood is at the periphery of the Little Blue Parkway sub-plan area.

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

The area of the rezoning lies between commercial and residential zonings and uses; and multiple-family and single-family zonings and uses.

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

The proposed duplex-use will fit in well being sited between commercial uses and the highway to the north and west and the single-family residential uses laying to the south and east.

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

The property lies a little too far east of the commercial corridor along US 24 Highway.  Further, N. Davis Road is not a major (or through) crossroad.

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

The existing property has been undeveloped for decades.

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

As this tract has been vacant, while zoned C-1 for decades, down zoning and allowing duplex development will not be detrimental to nearby commercial and single-family residential uses.

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. 

If the rezoning is denied, it would impose a hardship on the owner as it would prevent the applicant from developing the property with a more marketable use.  Approval would limit the property to less intense uses than the current zoning would permit.

Planning Commission Action:  At its January 12, 2021 Planning Commission meeting, the motion for approval failed 2-5, 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 virtually 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, at the Planning Commission hearing, one person spoke in favor of, and one person spoke opposed to, the proposed rezoning.
4. That, the current C-1 (Neighborhood Commercial) zoning allows the following uses: retail, office, restaurants, banks, daycare centers, government facilities, churches, schools, and medical services.
5.  That, the proposed R-12 (Two Family Residential) allows the following uses: single family dwellings, duplexes, cropland, churches, schools and government facilities.
6.  The property has been vacant for decades due to its location distant from the clusters of commercial development along the US 24 Highway corridor.
7. That, seven protest petitions were submitted in opposition to the application.

Draft Planning Commission Meeting minutes:

"Case 21-100-01 – Rezoning – 19401 E. US 24 Highway

            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. 

Commissioner Weir asked what half street improvements mean.  Mr. Harker stated the City will require the developer to improve their half of the street, starting at the centerline.  He stated this will include adding curbs and sidewalks.

In response to Commissioner Wiley’s question, Mr. Harker confirmed the single-family homes on the other side of the street are zoned R-30 and are legal non-conforming.

Applicant Comments

David Miller, 1955 NW US Highway 50, Lone Jack, stated they plan to invest $30,000 to $40,000 for water main improvements and sidewalks.    

In response to Commissioner Preston’s question, Mr. Miller stated he does seek to find buyers for each duplex. 

Chairwoman McClain asked if the developer would be required to have a Homeowner Association.  Mr. Harker confirmed a Homeowner Association would be required for this development to maintain the detention basin.

In response to Commissioner Weir’s question, Mr. Miller stated he has not had any conversations with the neighbors. 

Mr. Harker noted he received seven legal protest petitions from surrounding property owners today, but he has not had time to verify if they’re all valid.   

Public Comments

Cindy Lombardo, 1617 N Glenview Ct, stated she lives about three streets away and has owned her home for over 30 years.  Ms. Lombardo stated she and her neighbors are against this project because there are a lot of rentals already in the area.  These properties are not maintained, and neighbors are worried about this development becoming an eyesore.  Ms. Lombardo stated they have tried to get a grocery store in the area but have been unsuccessful.  She stated she is worried about the increased crime in the area as well.  Ms. Lombardo noted that Mr. Miller stated he intends to sell the properties and there will be no accountability to keep the properties nice.

Mr. Miller stated Ms. Lombardo has a fair argument.  He stated they thought this would be a nice area for duplexes and believes it fits in with the surrounding neighborhood. 

In response to Chairwoman McClain’s question, Mr. Miller stated the exterior would be siding and some stone.  He stated they would have two to three bedrooms, one and a half bath, a small porch and no basement.

In response to Commissioner Weir’s question, Mr. Miller stated they anticipate selling each duplex for around $250,000. 

Chairwoman McClain noted this is a gateway to Ms. Lombardo’s neighborhood and asked if there are plans for nice landscaping.  Mr. Miller stated it’s still too early in the process to have specific landscape plans drawn up.

Motions

Commissioner Preston made a motion to approve Case 21-100-01 – Rezoning – 19401 E. US 24 Highway.  Commissioner Weir seconded the motion.  The motion failed with two affirmative votes.

In response to Commissioner Weir’s question, Mr. Miller stated he will consider building single family homes on the property, if the rezoning is not approved by the City Council."