1. 22-030 - 2R.  An ordinance approving a rezoning from District R-6/PUD (Single Family Residential/Planned Unit Development) and C-2/PUD (General Commercial/Planned Unit Development) to District I-1 (Industrial) for properties along M-78 Highway, E. Truman Road and Little Blue Parkway, in Independence, Missouri.

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

Commissioner Nesbitt – Yes

Commissioner Michell – Yes

Commissioner Wiley – Yes

Commissioner Young – Yes

Commissioner McClain – Yes

Commissioner Preston – Yes

Commissioner Ferguson – Yes

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

A request by NorthPoint Development LLC (NorthPoint) to rezone the property north of M-78 Highway, west of the Little Blue River, and east of the Little Blue Parkway; and property south of M-78 Highway and west of the Little Blue Parkway from R-6/PUD (Single Family Residential/Planned Unit Development) and C-2/PUD (General Commercial/Planned Unit Development) to I-1 (Industrial).

Two areas comprise this 493+ acre rezoning application: the property north of M-78 Highway, west of the Little Blue River and east of the Little Blue Parkway; and property south of M-78 Highway and west of the Little Blue Parkway, from R-6/PUD and C-2/PUD to I-1.  This application was amended by NorthPoint to eliminate the rezoning area south of M-78 Highway between the Little Blue Parkway and the Little Blue River.

All these sites are intended for large, industrial/warehouse buildings with semi-truck/trailer parking.  Unlike Eastgate Commerce Center’s Business Park sites, there will be no retail sales, light service or restaurant uses for these properties.  NorthPoint’s attached sketch plan shows a preliminary design of how these warehouses could be situated on the lots.  Only the portion of the rezoning property, south of Truman Road and west of the Little Blue Parkway, is planned for Phase 1; the vast majority of the proposed I-1 zoned land is in Phase 2, east of the Little Blue Parkway north of M-78 Highway.

Depending on market demand, NorthPoint anticipates starting construction on Phase 1 this year with Phase 2 in 2024 – 2025, and Phase 3 in 2029 - 2030.

The Proposal’s Consistency with Independence for All, Strategic Plan:

This application, along with others proposed by NorthPoint, furthers the goal of increasing the economic prosperity of the community and providing additional employment opportunities.  It will also support the development of an industrial/office business park and the development of a key City corridor.

Comprehensive Plan Guiding Land Use Principles for the Current Designation: 

In conjunction with this rezoning application, the applicant seeks to amend the City’s Comprehensive Plan to reflect this and the other related applications from NorthPoint.  One of the Comprehensive Plan Guiding Principles is to “Provide sufficient opportunities for industrial development sites within the community and promote diversification of the City’s commercial/industrial base.” 

Public Facilities:

Streets/access

No new public streets will be created with the development of these lots.  Instead, the existing street network will provide access.  Each new drive or access locations will need to be evaluated and approved on their own merits in accordance with final site plans.   The sites themselves may need to change in conformance to City staff reviews and required studies (e.g., traffic, stormwater, sanitary sewer, and water).  While a traffic study has been submitted, it will be required to be updated as specific locations are submitted for review and engineering approval.  However, Bly Road, a collector street, is required to be upgraded and should have a typical asphalt section of 34 feet in width with curb and gutter and sidewalk.  For safety, the street shall also be realigned to a 90-degree angle, ‘T’ intersection with 78 Highway.

Stormwater

The submitted Preliminary Stormwater Drainage Study indicates that tributary management will need to be addressed in future development plans.  The low-lying nature of a significant portion of the area east of the Little Blue Parkway may require innovative earthwork and hydrology practices to be implemented.  The proposed basins and mitigation areas are an integral part of the development pattern and utilization of the land within the project.  There is a detention volume buy-out option for sites within 1,200 linear feet of the Little Blue River, all other areas will require storm water mitigation such as detention and water quality improvements. 

Sanitary sewer

A large outfall sewer main running along the east side of Little Blue Parkway is a 120-inch pipe owned by Little Blue Valley Sewer District that will not allow tie-ins to this main.  NorthPoint must use existing City infrastructure or Blue Springs sewer mains to extend the sewer facilities.  All sanitary sewer main extensions will be public. 

Water

Water main extension plans will be required for all phases of this development.  A set of water main extension plans will be required for review and approval before any construction may begin on any water mains.  Fire hydrants will be required to be laid out per the requirements of the Independence Water Department and the International Fire Code 2018 Edition. 

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.

In conjunction with this request, the applicants seek to amend the designation of this property for industrial uses in the Comprehensive Plan.  One of the Comprehensive Plan Guiding Principles is to “Provide sufficient opportunities for industrial development sites within the community and promote diversification of the City’s commercial/industrial base.” 

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 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.

Much of the nearby property is zoned for single family residential or industrial uses.  Lands to the north, south and east are in farm use or otherwise vacant.  Land to the west is in public use (City power plant, Sewer District, MCC school facility) or in industrial use (concrete plant) 

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

Besides agricultural uses, the most significant existing uses are public/private industrial level operations west of the Little Blue Parkway.  The uses proposed by this rezoning will be compatible with the character and zoning of those properties.

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

As no development has occurred in 15 years under the current zoning, and the nature of the economy has shifted from one of retail/office orientation to one more of a service/warehouse orientation, the requested zoning of this property may better reflect this changing market.

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

This property has long been in farm usage or vacant with no development activity.

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

As both proposed sites are either adjacent to property in civic use (Metropolitan Community College on the west) or in agriculture use (on the east), this rezoning is not expected to have a detrimental effect on neighboring properties. 

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 have a negative effect on the landowners and the developers of this Eastgate Commerce Center project.  As mentioned above no development activity has occurred in the 15+ years under the current zoning.