The properties located at 16813 E. 23rd Street S. (a.k.a. 16801 E. 23rd Street S. and 2304 S. M-291 Highway) are currently zoned C-1 (Neighborhood Commercial) and C-2 (General Commercial) and will be rezoned to C-2 (General Commercial). The two-lot site is at a major intersection and envisioned in the Comprehensive Plan as an important node for commercial activity. The “L” shaped site that wraps around the Scooters Coffee property, located at the southwest corner of 23rd Street and M-291 Highway, is 127,489-square feet in area. The larger of the lots is already zoned C-2, but the smaller 10,804-square foot property is zoned C-1.
The two-existing lots will be replated into a differently proportioned, two-lot subdivision to be the sites for two structures, a brand-new QuikTrip convenience store and an urgent care facility; uses both permitted in C-2 zoned districts and envisioned by the Comprehensive Plan.
Consistency with Independence for All, Strategic Plan: The application is within keeping with the Goal of, “Growth – Increase in economic prosperity.”
Comprehensive Plan Guiding Land Use Principles: The City Comprehensive Plan recommends Commercial uses for this site. It also addresses the policy to “Encourage redevelopment or adaptive reuse of vacant or underutilized buildings and sites.”
Historic and Archeological Sites: There are no apparent historic/archeological issues with these properties.
Landscaping Plan: A detailed Landscaping Plan indicating plantings per Code must be provided with the Final Plan Review application and the building permit. The copy submitted with the Rezoning application is not adequate (this is particularly the case for the urgent care facility). The plans will be reviewed in accordance with Section 14-503 of the UDO.
Buildings: The convenience store will predominately feature a red brick construction with accent bands and columns of dark granite EIFS, as well as large windows with steel framing. Pedestrian shading will be provided by metal awnings with “QT Red” components. The fuel canopy has been designed to complement the design of the store and contains the same metal elements. The canopy area will be a “doublestack ten” and handle up to 20 automobiles at a time.
The Urgent Care facility’s façade will be two colors of Stucco, another wall material of a third color around the entrance doors and metal copings and fixtures.
Masonry trash enclosures will be sited on the southeast side of the QuikTrip property and the northwestern side of urgent care property.
The buildings’ elevations will be reviewed during final plan reviews and the building permit submittal in accordance with Section 14-506 Nonresidential Design Standards of the UDO.
Public Utilities: All utilities are present in adjacent rights-of-way.
Storm Water Detention: The site will have onsite, underground storm water detention south of the QuikTrip building.
Gas Pumps and Parking: Similar to other QuikTrips, the pumps along the 23rd Street frontage will be oriented perpendicular to the building. Although there will be some parking spaces near the intersection of Hubb Drive and 23rd Street, most of the parking spaces (more than adequate for the use) will be near the front doors and on the east and west sides of the building. The urgent care facility will have an adequate number of parking spaces as well, however the dive aisles need to be 26 feet not 25 feet.
Auto and Pedestrian Access: Access to the two-lot subdivision will be via four on-site driveways and one on the Scooter’s property. The unimproved east driveway (serving Scooters and QuikTrip) will continue to be right-in and right-out given the median in M-291 Highway. The improved north driveway (again serving QuikTrip and Scooter’s) will continue to be right-in and right-out, with left-turns blocked by the 23rd Street median. The existing west driveway will be eliminated and two new, improved east-west driveways, to serve QuikTrip (with a cross-access easement across a sliver of separate ownership), will be right-in and right-out given the median in Hub Drive. An improved private drive across the southern portion of the site will give access to the new urgent care facility lot. Public sidewalks will be provided along the 23rd Street and Hub Drive rights-of-way and another sidewalk segment along the private drive. The 23rd Street and private drive sidewalks will not extend all the way east to M-291 Highway, but rather end at the driveways for QuikTrip and the urgent care facility. Further, a direct sidewalk link will connect the Hub Drive sidewalk with the QuikTrip building.
Traffic Study: MoDOT and the City’s traffic engineer have reviewed the submitted study and concur with its conclusions. The study states, “The property is bounded by 23rd Street to the north, M-291 to the east, Hub Drive to the west and a private road to the south… The purpose of this study was to assess the capacity of the existing roadway system to handle the background traffic and the impacts of the proposed development…Another objective of the study was to look at right and left-turn lane warrants along with signal warrants at all intersections since these roadways and intersections will provide the primary access for traffic generated from the development on a daily basis. “The traffic study confirms the proposed reconfigured access as depicted in the site plan.
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 envisions Commercial uses for these parcels. The proposed rezoning to C-2 would be in conformance with the Comp Plan.
2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the properties are located or abut.
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.
This portion of the 23rd Street and M-291 Highway corridors are generally zoned C-2 and have uses as permitted in such a district.
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
The proposed uses and structures will be like others along the corridor.
5. The suitability of the smaller subject property for the uses to which it has been restricted under the existing zoning regulations.
The intersection of 23rd Street and M-291 Highway is a high traffic commercial node; C-2 zoning is more appropriate there than C-1 zoning.
6. The length of time the subject properties have remained vacant as zoned.
Although not vacant, the parcels have had the mixed zoning for many years.
7. The extent to which approving the rezoning will detrimentally affect nearby properties.
The properties to be rezoned abut and are surrounded by other C-2 zoned properties and commercial 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 were denied, it would have a negative financial effect on the landowner, as he would not be able to replat the properties. It would be expected that his new use would better utilize this commercial node.
Draft Planning Commission minutes:
"Continued Case 21-100-12 – Rezoning – 16813 E. 23rd Street (a.k.a. 16801 E. 23rd Street and 2304 S. M-291 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.
In response to Commissioner Nesbitt’s question, Mr. Arroyo stated the Traffic Study did include looking at Hub Drive, 23rd Street and M-291 Highway.
Applicant Comments
Jessica Glavas, 5725 Fox Ridge Drive, Mission, KS, stated they’ve owned this property for a while and are looking forward to moving forward with this project. It will be a generation 3S store with 20 filling pumps. They will also be adding an urgent care on the property.
In response to Commissioner Nesbitt’s question, Ms. Glavas stated they are not closing the store at M-291 and Gudgell.
Commissioner Nesbitt asked if the gas trucks would be able to enter the site with the island on Hub Drive. Ms. Glavas stated truck turn movements have been reviewed and the gas trucks will be able to enter and exit the property.
In response to Chairwoman McClain’s question, Ms. Glavas confirmed the urgent care will be on the lower elevation.
Darla Holman, 6734 Red Oak Drive, Shawnee, KS, stated she works with the civil engineers for both the QuikTrip and MedWise Urgent Care project. Ms. Holman stated they will offer complete onsite health care. It will have six rooms with an 18-chair waiting room. She stated it will not provide 24-hour service or emergency services.
In response to Commissioner Young’s question, Ms. Holman stated she believes this will be the first MedWise in the area.
In response to Commissioner Nesbitt’s question, Ms. Holman stated the sidewalks going in will be per MoDOT and City requirements.
Public Comments
No public comments.
Commissioner Comments
Commissioner Preston stated he believes this is a well thought out project and will be a positive for the community.
Motion
Commissioner Preston made a motion to approve Case 21-100-12 – Rezoning – 16813 E. 23rd Street (a.k.a. 16801 E. 23rd Street and 2304 S. M-291 Highway). Commissioner Michell seconded the motion. The motion passed with seven affirmative votes."