The 12.35-acre property has had a District R-6 [or an R-1b/R-1 Single-Family Residential) zoning designation since 1965 and it has been largely undeveloped throughout that entire time. The house at 1509 E. 23rd Street S. (behind Discount Tire) was occupied until earlier this year. The parcels for what had been 1703 E. 23rd Street S. (the former site of a house that has been gone for years) was replatted into the McBee Landing subdivision with four-lots and one common tract last year. A fifth lot, with a vacant house, at 1711 (soon to be 1507) E. 23rd Street S. is currently being platted for an additional carwash parking lot. The Villas at Windmill Fields will consist of Lot 4 of the subdivision and two adjacent tracts to the east and southeast.
Physical Characteristics of Property:
The property is a never developed field. The vacant tracts are fairly clear of trees, except for stands of trees around the perimeter. The property is neither in a flood plain nor near a stream requiring stream buffer zones.
Characteristics of the Area:
The surrounding neighborhoods to the west, south and east are largely single-family residential in zoning and in use. Although there is some multiple-family uses and zonings along King’s Highway, the properties along the southside of the 23rd Street are zoned C-2 and are commercial in use.
Proposal:
The applicant intends to develop a 12.35-acre multi-family community for adults 55 and older, The Villas at Windmill Fields, located at 2350 S. Haden Street. The proposed 108-unit townhome development will have 20-buildings consisting of four and six units each. Each unit will have two-bedrooms, a kitchen, dining room, laundry room with hook-ups and a full bathroom, with 925-square feet of livable area. Each unit will have its own front and back porch. The complex will be constructed and maintained by the current owner.
The expected monthly rent for each unit will be approximately $1,000. The rent will not include utilities. The owner will be accepting housing vouchers from various assistance programs, but only if the applicants clear a thorough background check.
Provided amenities will include a playground, picnic tables, gazebos, benches, windmill, a pond and a community building/leasing office. A walking path will be provided, and sidewalks will be provided around the perimeters of the parking lots, buildings and property. Four trash enclosures will be strategically placed throughout the development.
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 “Residential Neighborhoods,” which envisions new neighborhoods with a walkable layout with streets that connect in a logical manner throughout the neighborhood and to adjacent developments for seamless transitions. The Comprehensive Plan Guiding Principles most relevant to the proposed development are, “Provide a diversity of housing options in all neighborhoods”, “Facilitate the development of connected neighborhoods where appropriate,” and “Neighborhoods and housing should be designed to be inclusive of the needs of the wide span of mobility.”
Zoning:
The applicant proposes R-18/PUD zoning. District R-18/PUD allows; multiple-family housing, home based daycare, government facilities, churches, schools, utilities, cemeteries, crops and gardening. The existing districts for the two tracts allow the following uses. District R-6 allows single-family housing, home based daycare, government facilities, churches, schools, utilities, cemeteries, crops and gardening.
Historic and Archeological Sites:
There are no apparent historic/archeological issues with this property.
Public Utilities:
Water, sewer and electrical services are available to the property.
Environmental, Storm Water and Stream Buffer:
The property is the site of a recent fire damaged and razed house and a never developed field. There is no reason to believe the property has experienced environmental degradation. The tracts are fairly flat, with the stands of trees concentrated around the perimeter. The property is neither in a floodplain nor near a stream requiring accompanying stream buffer zones.
Development’s Phasing:
Given the proposed development will be a rental community sited on one large lot and constructed in multiple phases, permits for each structure in a particular phase, will be submitted around the same time. In the development’s first phase on the northern half of the property, there will be eight (8) six-plexes and three (3) fourplexes. Six (6) six-plexes and three fourplexes will be constructed in the second phase. The new S. Haden Street right-of-way, and private drive connection to the HyVee property, will be constructed in the first phase.
Elevations:
The buildings will have light gray vinyl siding with white trim. Veneer cultured stone, similar in color to the masonry siding on the carwash to the north, will be applied to the columns and four-foot-high wainscot that will wrap around the buildings. Accents of gray shake siding will also be included on the trusses to create some material variation and enhance curb appeal. The roofs will be dark gray composite shingles. The structures will be slab-on-grade buildings with minimal-to-no steps and handicapped accessible units. Staff is recommending the four-foot-high wainscot be carried around the facades facing the driveway and/or parking areas.
CIP Investments:
The City’s 2022-28 Capital Improvement Plan has programed the Woodbury and 25th Street stormwater project, which is located northwest of the subject property, for 2026-27. This project will address the lack of stormwater facilities in that area. The applicant’s project will not have an impact on the CIP project.
Traffic Study:
Tran Systems prepared a study for the proposed commercial and residential and developments of McBee Landing and Windmill Estates. The study included trip generation estimates, trip distribution estimates, capacity analysis and a summary of findings.
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 has been to construct additional outbound lanes on the driveway and Haden Street to permit the bypass of left-turning vehicles and provide access the to drive west of Discount Tire and with the joint, signalized access shared with HyVee to the east.
Streets, Driveways and Parking Lots:
Access to The Villas at Windmill Fields will be via Haden Street extended across 23rd Street along the western edge of the development. South of the intersection, a private driveway will extend eastward south of the commercial lots providing access to the Discount Tire and HyVee access drives. The Discount Tire access (a cross-access for the former home at 1507 E. 23rd Street S.) does not permit left turns. Internal circulation will be provided by access drives circling nearly every structure. Rows of perpendicular parking will front every building.
Landscaping and Screening:
When the Final Development Plan is submitted, in addition to the street trees indicated on the Preliminary Development Plan, trees and shrubs should be provided around the parking lot perimeters, in parking lot end caps and around the perimeter of buildings as indicated in the Unified Development Ordinance (UDO). Green spaces will lie between opposite facing buildings. Green spaces with amenities (walking trails, picnic areas, benches, etc.) will be provided as well. The stands of trees abutting the west, south and east sides of the property should be preserved where possible. Medium-Intensity landscaping, as defined in the UDO, should be planted.
Recommendations and decisions for proposed planned unit development rezoning and its accompanying preliminary development plan must be based on consideration of the criteria listed in Section 14-703-05-H:
1. Conformance of the requested zoning with the Comprehensive Plan.
The Comprehensive Plan envisions Residential Neighborhoods uses for this vicinity. The proposed multiple-family use, and the rezoning of the property from R-6 to R-18/PUD, will be in keeping with the plan’s vision;
2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts.
There are not any subarea plans that cover the vicinity around this proposed development;
3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning.
The proposed zoning will be a transition from the C-2 commercial zonings and use along the 23rd Street corridor to the adjacent and nearby single-family residential uses; however, the applicant has minimized the impact via buffering and similar architectural style;
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
Although the residential uses in the immediate vicinity are largely single-family residential, there is R-18/PUD zoning to the west along Kings Highway. The masonry façades of the proposed buildings should add the buildings building’s appeal as well;
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.
The tracts, being zoned R-6, are in keeping with the surrounding uses;
6. The length of time the subject property has remained vacant as zoned.
The house at 1703 E. 23rd Street S. (associated with the property’s largest tract) has been gone for years. The residence at 1509 E. 23rd Street S. burned and was recently razed;
7. The extent to which approving the rezoning will detrimentally affect nearby properties.
With the medium intensity landscape screening prescribed by the UDO, detrimental effects could be mitigated;
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, the developer will not be able to build at the density he wishes. If approved, proposed use may advance the Guiding Principle of creating a diversity of housing and thus the welfare of the community.
Draft Planning Commission minutes:
"Continued Case 22-125-09 – Rezoning/PUD - 2350 S. Haden Street
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 outlined the following conditions:
1) Prior to the issuance of any building permits, all the tracts and lots of the Villas of Windmill Fields shall be replatted into one lot;
2) Name the new, larger lot; McBee Landing Replat Lot 4A, Replat of Lot 4;
3) Readdress the new Lot 4A, 1250 S. Haden Street;
4) For the Final Development Plan, create Medium-Intensity landscaped buffers along the periphery of the property per the landscaping section of the Unified Development Ordinance (UDO);
5) The stands of trees abutting the west, south and east sides of the property should be preserved where possible.
6) Provide parking lot parameter and end cap trees and shrubs, and trees and shrubs around the buildings (the exact number of plantings worked out with staff for the Final Development Plan);
7) The Final Development Plan should provide an elevation of a entry sign/feature;
8) Four-foot high masonry façades on the elevations of the buildings must be carried around driveway/parking facing façades;
9) The units will be addressed on the Final Development Plan.
Applicant Comments
Steven McBee, 21625 Ridge Ave, Gallatin, Robert Walquist, 821 NE Columbus, Lee’s Summit, and Ashley Smith, 1203 E. US 24 Highway all stated they were available for any questions.
In response to Commissioner Nesbitt’s question, Mr. McBee stated there are two spaces per unit and additional community parking.
Commissioner Nesbitt questioned the length of the back yards. Mr. Walquist said most of the backyards are 25-30 feet. He noted while developing these plans, they purposefully put the green spaces near the existing homes in the area. Mr. Walquist stated trees are an amenity and they plan to take care of any trees that are planted.
Commissioner Nesbitt expressed concerns over the Traffic Impact Study and the anticipated additional 1000 vehicles a day. Mr. McBee noted the 1000 vehicle count includes all the planned commercial in that area and not just for this subdivision.
Mr. McBee noted they plan for this development to be for those 55 and older. He said this would be the perfect location for this type of development because of its proximity to Hy-Vee, Walgreens and Starbucks. Mr. McBee stated they will have a walking trail and a dog park for the residents to utilize. He said maintenance will be provided for residents as well. Mr. McBee noted there will be four different access points to the development.
Public Comments
Jim Pallo, 2416 S. Lee’s Summit Road, noted the first map shown in Mr. Harker’s presentation was incorrect and did not show one of the parcels included in this application. Mr. Harker noted this was only a mistake on the presentation version of the map and that the notices and all other maps were properly outlined. Mr. Pallo stated he is not in favor of this rezoning because it does not fit in with the surrounding neighborhood. He said this green space is important to the city and should become part of the Independence Park system.
Mike Freeland, 1226 E. 25th St S, provided a handout to the Commission with a letter and pictures of the area. Mr. Freeland said he is still gaining information about the proposed development and is still undecided if he is for or against this project. Mr. Freeland reviewed the photos and stated he has had water issues for the last 27 years at his residence. He said there is a natural spring and that there will be additional water issues if this development is constructed. Mr. Freeland noted there is a lack of storm drainage facilities in the area. He said he met with Assistant Community Development Director Rick Arroyo to ensure his house will not see additional flooding if this development is built. Mr. Freeland stated there is a project in the Capital Improvements Program to fix the water issues in the area, and he request this project remains a priority for the City.
Ken Tompkins, 1227 E. 25th St S, provided a handout to the Commission containing pictures of the frequent flooding around his home. He described the pictures provided that include the flooding of his home, backyard and driveway. Mr. Tompkins stated he believes if the grass is replaced with concreate the flooding will worsen. He said he is also very concerned about the increased traffic and the possibility of accidents for those trying to turn onto 23rd Street. Mr. Tompkins stated the proposed housing development on Lee’s Summit Road that was turned down by the Planning Commission would have been a much better area for this type of development.
Danny Sullins, 1305 S. Kings Highway, stated he’s lived there for 37 years and is very concerned about the increased traffic in the area. Mr. Sullins stated he doesn’t believe the Traffic Impact Study is correct because it was done during the pandemic and could not accurately count the regular traffic.
Cassy Pollo, 2410 S. Lee’s Summit Road, stated she supports those that have spoken against the project. Ms. Pollo said housing may work at this location, but it should be a lower density. She noted she is concerned about the water and traffic issues.
Toby Sutherland, 821 E. Lexington Ave, stated he doesn’t believe this level of density is appropriate for this location because it will create too much additional traffic in the area.
Mr. McBee stated this project is 48% greenspace. He noted every bathroom will be a concreate constructed tornado shelter and the units will have sprinkler systems. Mr. McBee said 55 and over is the largest growing housing need in the area. He said he believes this development will not hurt property values in the area. Mr. McBee stated he is aware of the existing water issues in the area, and he is happy to work with the City to alleviate some of the water issues. He noted there are two different storm water systems in the area and believes the planned detention basins will help mitigate water coming from the new development. Mr. McBee stated there will be restrictions on the property to only allow 55 and older. He said this development will have a full-time project manager and maintenance staff on duty. Mr. McBee stated the Traffic Impact Study was done in 2020; however, it was reevaluated in July of 2022. He noted there was a 4% increase in traffic/expected traffic from the two studies and reiterated that there will be five entrances for this development.
Mr. Walquist noted there was a cistern on the property, but it has been filled in.
Ms. Smith stated most comprehensive plans call for multi-family housing to serve as a buffer between commercial and single family residential. She said she believes this development will serve as a good buffer between the commercial business they are constructing and the existing single-family homes.
In response to Commissioner Nesbitt’s question, Mr. Harker noted there is a Capital Improvements Project planned.
Ms. Smith stated there will be sewer inlets added for this development, which should help the water from heading south and creating more water issues for the existing homes.
In response to Chairwoman McClain’s question, Mr. Walquist stated the parcel to the south of this development will be a pond. This will allow the water to pool, and it will slowly release. This will help prevent the water from creating additional water issues for existing residents but noted he is not sure where all their water issues are coming from, so it may not completely alleviate the issues. He stated they follow APWA standards. In response to Commissioner Nesbitt’s question, Mr. Walquist stated maintenance of the pond and around the pond will be their responsibility.
Commissioner Comments
Commissioner Nesbitt questioned if the Planning Commission could add a condition to this application that the Capital Improvement Project to fix the water issues in this area should be made a priority. Assistant City Attorney Rich Wood stated that would be a separate recommendation, as the developer of this project would not have any control over the priorities of a planned City project.
Chairwoman McClain asked if the City feels confident that this project will not create additional water issues in the area. Assistant Community Development Director Rick Arroyo stated as this development moves forward, all the engineering requirements would have to be met. He said typically after a development is approved, the engineering plans will be reviewed by City staff.
In response to Commissioner Nesbitt’s question, Mr. Arroyo stated another streetlight would most likely not be approved due to its proximity to the Hy-Vee signal. He noted the applicant has been working on this project for many months since they were unable to gain access to Kings Highway. Mr. Arroyo said gaining access to the east was a primary focus to help traffic flow. He noted MoDOT would need to make any decisions on the need for additional signals on 23rd Street.
Commissioner Nesbitt said he believes this development is a good fit for the area.
Motion
Commissioner Wiley made a motion to approve Case 22-125-09 – Rezoning/PUD - 2350 S. Haden Street, with conditions as outlined by staff. Commissioner Nesbitt seconded the motion. The motion passed with five affirmative votes."