After receiving preliminary plat approval in spring 2019 to restart this development after many years of inactivity, site conditions have forced the developer to create yet another subdivision design modifying the street layout and subsequently reducing the number of lots. Bedrock at a shallow depth and sloping terrain forced the consolidation of multiple lots in the north central part of the site into a single, large lot.
This redesign will now feature 51 total lots (four of which front onto Eureka Road), a reduction from the 74 lots of the previous layout. Two common tracts are planned, one for subdivision’s swimming pool and another, between Lots 55 and 56, for utility service connections. Phase 2 will consist of Lots 54 – 93 and 101 – 104; Phase 3 will feature Lots 94 - 100. Save for the lots which front onto Eureka Road, all lots will be accessed by new internal streets constructed with the project. The minimum lot size is 10,000 SF with a minimum lot width of 75 feet at the building line.
The existing homes association is controlled by the developer; the covenants and restrictions will be updated with these lots added. Annual dues are collected to maintain the detention basins, entrances, and pay taxes on the common tracts.
ANALYSIS
Storm Water: In conjunction with Phase 1, two detention basins (Tracts A and B) were designed and constructed to detain stormwater for all phases of the project. Underground storm sewers will be extended to serve the new phases of the development.
Street Improvements: Additional right-of-way was dedicated with the first plat in 2003 on the north side of R. D. Mize Road to realign the curve radius to meet engineering standards for the existing speed limit. Street improvements to R. D. Mize Road were to be constructed in conjunction with the second phase of the project as a condition of plat approval. After falling into receivership in the late 2000’s, the project was purchased by the current developer who received City approval of a revised preliminary plat in 2019; however, an agreement for the street improvements for R. D. Mize Road was never finalized. Over the past few months, staff has been working with the developer to reach an agreement for the R. D. Mize roadway improvements. Discussions have included reducing the need to reconstruct R. D. Mize Road in its entirety from the City’s improved 3-lane section near Eureka Road, east to S. Brook Ridge Court, to only improving a 2-lane section of the R. D. Mize curve with a minimum geometric design standard for a 35-mph roadway. Discussions also included walkability from the improved 3-lane section to S. Brook Ridge Court. Staff believes the improvements discussed in the recommended conditions above are necessary to address driver safety, citizens’ concerns on sight distance, and address walkability thru the corridor.
Public Utilities and Sewers: Water and sanitary sewers are available in the existing subdivision and will be extended to service the proposed phases with additional fire hydrants added.
Landscaping: A detailed landscaping plan with the final plat will show not only the necessary buffer/berm, but callout all necessary and other proposed plantings required by the City Code for along R. D. Mize Road.
Consistency with Independence for All, Strategic Plan:
The proposal relates to the Goal “Achieve livability, choice, access, health and safety through a quality, built environment” through building new housing units to fill a market need.
Comprehensive Plan Guiding Land Use Principles:
The Imagine Independence 2040 Comprehensive Plan designated this site for ‘Existing Residential Development.’
Recommendations and decisions on a proposed Preliminary Plat must be based on consideration of the criteria listed in Section 14-702-02-G:
1. Compliance with environmental and health laws and regulations concerning water and air pollution, solid waste disposal, water supply facilities, community, or public sewage disposal, and, where applicable, individual systems for sewage disposal – This project will meet these regulations.
2. Availability of water that meets applicable fire flow requirements and is sufficient for the reasonably foreseeable needs of the subdivision – Adequate water is available to serve this development.
3. Availability and accessibility of utilities - All existing utilities in the first plat will be extended to serve these additional lots.
4. Availability and accessibility of public services such as schools, police and fire protection, transportation, recreation facilities, and parks – These are not issues with this project.
5. Consistency with the zoning district regulations – All of the proposed lots meet the zoning code requirements for width, area, and design. Setbacks for the individual single-family homes will be verified prior to issuing building permits.
6. Conformity with the Major Thoroughfare Plan – As R. D. Mize is considered an Arterial Street, the street profile needs to be widened and re-aligned to meet the requirement of a 35-mph roadway. In lieu of the half street improvements to R.D. Mize and Eureka, staff is seeking for improvements to the R. D. Mize Road curve and additional right-of-way for sidewalks along R. D. Mize from Brook Ridge to the end of the existing sidewalk on R. D. Mize Road.
7. Effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision – The number of proposed lots will have little effect on the existing streets within the subdivision. However, the R. D. Mize Road curve does need realignment.
8. Physical land characteristics, such as floodplain, slope, soil, and elevation differentials with abutting properties – The developer has taken these issues into consideration with this revised preliminary plat.
9. Recommendations and comments of the Development Review Committee and other reviewing agencies – The primary concern of the staff review committee related to the improvements to R. D. Mize Road.
10. Conformity with the Master Sewer and Water Utility Plan - This project is in compliance with these plans.
11. Compliance with this development ordinance and all other applicable regulations. Not at this time.
Draft Planning Commission meeting minutes:
"Case 21-310-03 – Preliminary Plat – Meadowbrook Estates, 2nd Plat
Stuart Borders presented the case. Mr. Borders 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.
In response to Vice-Chairman Preston’s question Rick Arroyo explained that RD Mize is a 35-mph hour roadway in both directions. When looking at the current curves radius at this location, it does not meet those speed requirements and the recommendation was to reconstruct the curve with a larger radius to meet the design speed.
Commissioner Young inquired what school district this would be: Independence or Blue Springs? Mr. Borders responded the district would be Blue Springs Schools.
Applicant Comments
Steven A. McBee, 1400 N. Bill Johnson Road, explained his business has taken over this development and explained the original plat was 145 lots and is now down to 100 lots. Mr. McBee clarified Independence would benefit from tax revenue base even though Blue Springs School District. He also understands there have been complaints about water running down hill and feels that development the remaining 47 lots will help mitigate the water issues from the rock hill. He also added that a pool will be built, and the development will be finished as it should be and was intended.
Robert Walquist with Quist Engineering, 821 N. Columbus, Lee’s Summit, explained the first developer agreed to improve the curve on RD Mize and connect the sidewalk. There is a creek that goes 15 feet down for at least 300 – 400 feet and there is no way to put in a sidewalk. The second concern is landscaping that is being asked to be completed but there is a 15-foot drop, and the sidewalk will not be flat. Mr. Walquist explained those are the conditions they have issues with.
Commissioner Comments
Assistant City Attorney Joe Lauber asked for clarification from Staff about having the plat indicate no permanent structures placed in the drainage easement and if trees are considered a permanent structure. Mr. Borders responded that trees or shrubs are not considered permanent structures. Mr. Borders went on to explain the concern is there needs to be a buffer and if a future landowner wants to cut down those trees but added that the City can work with them to insure that does not happen or there will always be a buffer in place.
In response to Vice-Chairman Preston’s question Rick Arroyo responded there were concerns about walkability and connectivity from residents. Mr. Arroyo stated now that it has been confirmed there are sidewalks in the development it may not be much of an issue. When this started in 2019 there was an expectation that the developer would grade the land for sidewalks and the City would install them, but funds for that is no longer available. Mr. Arroyo explained that the curve has been Staff’s biggest concern.
Assistant City Attorney Joe Lauber asked if City Staff is comfortable with developer addressing curve but not sidewalk, for the future, is the real issue with adding a sidewalk financial or because there is a rock wall? Steven McBee explained that the amount of work and the land to work with would never meet requirements. Mr. Arroyo added the sidewalk was a way to mitigate walkability but was comfortable with additional right-of-way for future sidewalk. Mr. Lauber wanted clarification that the second sentence of recommendations be stricken and that the scope of work would only include the curve.
In response to Commissioner Nesbitt’s question, Rick Arroyo confirmed there would be no curbs added. Commissioner Nesbitt went on to ask why curbs would not be added if the road is being fixed. Mr. Walquist said the radius of the street is what is being addressed. Mr. Arroyo added that Municipal Services felt there is nothing to connect the curbs to so adding them could cause excessive erosion.
Motion
Commissioner Nesbitt made a motion to modify recommendation number 1, second sentence, to add the language of “additional 10-feet of right-of-way for future sidewalk”. Commissioner Wiley seconded the motion. The motion passed with five affirmative votes.
Commissioner Nesbitt made a motion to approve Case 21-310-03 – Preliminary Plat – Meadowbrook Estates, 2nd Plat, as amended. Commissioner Ferguson seconded the motion. The motion passed with five affirmative votes."