Property history:
Generally, the four land areas which comprise this application consist of: 1) 11 vacant lots of Blue Ridge Orchard, an undeveloped subdivision platted in 1916, which front onto the unpaved Blue Ridge Terrace (now zoned R-12); 2) four now vacant lots along Blue Ridge Boulevard (now R-12); the southern part of the unplatted land adjoining the east of Houston’s current location (also R-12); and finally, the larger tracts which front onto 23rd Street which are zoned a combination of C-2 for the southern third, and R-6 for the remainder of the lot.
Until mid-2006, the properties comprising this application were zoned either R-2 (now R-12) or C-2 (General Commercial) since the mid-1960’s. In July 2006, a portion of the site was rezoned for residential use in conjunction with a preliminary plat which laid out 31 residential lots abutting the larger commercial tract fronting onto 23rd Street; it was never developed.
In 2015, Houston rezoned approximately 45 acres of vacant ground north of 23rd Street east of Blue Ridge. Since this rezoning Houston has been filling and grading the site with the goal to make the property suitable for industrial development.
Proposal:
This rezoning tract is in two ownerships: Houston Excavating and Demolition (Houston) and Integrity Operations (Integrity) which both seek to use the rezoned land for their business operations.
Houston seeks to expand its business operations onto this property from its current location north of this site. Houston’s plans to grade and fill portions of the site with road construction materials from various road projects around the metro area. After the site is properly filled and leveled, it will be topped with soil and prepared for future development like the adjacent property to the north. The main tenant presently on its northern site is a truck driving school. Houston has furnished a natural resources preservation plan illustrating how its portion of the site will be prepared for future development.
Integrity’s operations on its property on 23rd Street have been limited to the parking and storage of its company vehicles and materials at night and on weekends. During the day, Integrity cleans up the exterior of residential lots and the interior of homes. Activities range from the removal of foundation lumber to final debris clean up. All debris are transported to various recycling and disposal sites in the metro area; if material is brought to the site, it is taken to drop-off locations the next business day. The company will improve its lot to current City design standards.
Physical characteristics of the property:
While the rezoning area encompasses numerous parcels, they are undeveloped. Much of the rezoning area has considerable tree cover and has a slope with a fall of 80 feet+/- from the west/southwest to the northeast corner of the site. Lots along Blue Ridge Boulevard which formerly contained homes, are now vacant. The only current business activity is parking of service vehicles by Integrity on the C-2 zoned property.
Characteristics of the area:
Partly due to the physical characteristics of the land north of 23rd Street (south) between Glenwood Avenue (east) and Blue Ridge Boulevard (west), development has been limited to properties abutting the surrounding roads. The lots along both Blue Ridge and Glenwood are older single-family homes with properties on 23rd in a mix of residential with small commercial uses. Land to the north is property owned and being developed by Houston for a future industrial park.
Consistency with Independence for All, Strategic Plan:
A strategy of the City’s Strategic Plan is to ‘Support development of an industrial park.’
Comprehensive Plan Guiding Land Use Principles:
The Plan recommends ‘Business Park’ uses for this site along with Houston’s existing development to the north. Once the filling and site grading is complete, Houston plans to develop these sites into an industrial park.
Zoning:
The three current zoning designations for the site include R-6, R-12, and C-2. The R-6 zoning allows for single family homes, home based child-care, government facilities, churches, schools, utilities, cemeteries, crops, and gardening; the R-12 classification adds two-family dwellings to that mix. District C-2 permits retail sales, restaurants, entertainment venues, government facilities, churches, schools, employment and business support services, banks, gasoline stations, medical services, offices and residential above the first floor.
The I-1 classification permits pet sales and grooming, animal boarding, veterinary services, stables, art spaces, building maintenance services, business equipment sales, communication services, construction services, offices, indoor recreation, carwashes, heavy equipment sales, manufacturing, recycling services, self-storage, warehousing and agriculture.
Historic and Archeological Sites: There are no apparent historic issues with this property.
Public Utilities: Access to water and sanitary sewer service is limited here. Water mains are located along the west side of Blue Ridge Boulevard and on the south side of E. 23rd Street. A sanitary sewer main crosses the extreme north end of the rezoning area; a main extension available on the north side of E. 23rd Street in the extreme southeast corner of site.
CIP Investments:
The Missouri Department of Transportation (MoDOT) nor the City have any capital improvements planned near this site.
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 Business Park uses for this rezoning property along with Houston’s adjacent land to the north.
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 site.
3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning.
This site is not within any overlay zoning district.
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
Except for residential properties on the east and west sides of the site, the character of the neighborhood on the north side of 23rd Street between Glenwood and Blue Ridge Boulevard has been altered from vacant, undeveloped land to that for business and industrial use.
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.
Due to the physical limitations of the site and lack of utility services, the use of the area for residential and commercial uses is unlikely.
6. The length of time the subject property has remained vacant as zoned.
Most of the rezoning area has been vacant for decades with the site’s rough terrain and lack of utility services be the contributing factor.
7. The extent to which approving the rezoning will detrimentally affect nearby properties.
The properties which could be negatively affected by this rezoning application are those along Blue Ridge Boulevard to the west. On its attached natural resource plan, Houston shows a landscaped buffer on the north and east side of the those homes.
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 this rezoning application is denied, the owners will be unable to use the land as they propose for their business operations.
Draft Planning Commission minutes:
"Case 23-100-14 - Rezoning – 9400 E. 23rd Street
Staff Presentation
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.
Applicant Comments
Bill Moore, 4510 Bellevue Ave, Kansas City, stated he is representing the applicants. He provided a background on the property and stated they already have a truck driving school in the property to the north of this site.
Commissioner L. Wiley questioned if the applicant had met with the surrounding property owners and if they had any concerns. Mr. Moore stated Mr. Houston most of the property owners have been supportive of the work they’ve been doing. Mr. Moore stated he doesn’t see residential properties staying on the north side of 23rd Street in the future. He noted a lot of the truck traffic will stop once the filling and grading is done and not every industrial park will have heavy truck traffic.
Chairwoman McClain asked for information on the Natural Resource Preservation Plan. Mr. Moore stated there is a portion of the property that is in a conservation easement and will stay in that easement. Don Hathaway, engineer on the project, provided an overview of the conservation easement and the plan for the detention basins.
Public Comments
Wanda Alexander, 2237 Blue Ridge Blvd, stated she has lived in the neighborhood for almost 50 years. She said there used to be nice cement homes in this area, but after the owner stopped taking care of the area, it became a dumping ground for illegal dumping. Ms. Alexander stated she has over 100 dump trucks passing her home every week, Monday-Saturday, starting at 5:00 a.m. until 10:00 p.m. She said she cannot sit in her front yard because of the dust and debris that comes from these dump trucks. Ms. Alexander noted she’s spoken to Mr. Houston because the dump trucks don’t have covers to prevent debris and dust. She said they temporarily had covers, but they have holes and stop using them. Ms. Alexander expressed concern of the use of his street sweeper. She said it does not pick up any of the dust and debris; and instead, it just makes it worse by kicking all the dust in the air. Ms. Alexander said the trucks continuously speed and she said there aren’t enough signs showing the 35 MPH speed limit. She stated this is a single-family residential neighborhood and it should remain that way. She noted noise from the trucks is a nuisance and she can’t watch television or talk on the telephone.
Lance Houston, 5030 NW Waukomis Drive, Kansas City, stated they’ve been working on that property for six years and they’ve not received any violations from the City. He said he does the best with what they have, because they have a lot of homeless and crime. Mr. Houston said the two houses that he purchased, the homeowners had come to him because they were going through personal issues and needed to sell. He noted his stepdaughter lives in one of the houses he purchased. He said he has a sweeper, a water truck, and he has a company that comes twice a week to vacuum the streets. Mr. Houston said his daughter runs part of the business and the hours are from 7:00 a.m. to 5:00 p.m. Monday-Friday. He noted sometimes there are highway projects where they must work Saturday’s, but that’s only occasionally.
In response to Commissioner Nesbitt’s question, Mr. Hathaway said they may lose some trees when putting in the sewer. He noted there will be some trees replaced once that project is done. He stated eventually the area will be a greenspace. Mr. Houston stated if the economy keeps trending upward, he’d hope to have the area filled in three years.
Commissioner Nesbitt said he would like to see the 23rd Street entrance opened for the dump trucks to help alleviate Ms. Alexander’s concerns.
In response to Commissioner Preston’s question, Mr. Houston said he is planning to put up a fence from the east to the west, to try to help keep the dust and debris from reaching the houses to the south of this area.
In response to Commissioner Nesbitt’s question, Mr. Hathaway said MoDOT has a restricted access easement across a majority of 23rd Street. He noted MoDOT would have to approve any new access points.
In response to Commissioner Nesbitt’s question, Mr. Borders stated he believes the street is either in unincorporated Jackson County or in Kansas City. Mr. Hathaway said the street is unincorporated Jackson County.
Chairwoman McClain called for a five-minute break.
Troy Baldwin, 2237 Blue Ridge Blvd, explained the boundary lines between the City, County and Kansas City. Mr. Baldwin stated they constantly have dirt in the air and trucks that are overweight going down their street.
In response to Commissioner Preston’s question, Mr. Baldwin stated this area is worse since Mr. Houston started work in the area in the last five to seven years.
In response to Commissioner L. Wiley’s question, Mr. Baldwin stated it’s hard to consider this temporary when they’ve already been working seven years and they estimate it will be at least three more years.
In response to Commission L. Wiley’s question, Mr. Arroyo stated any questions or concerns about the grading permit would be handled through Municipal Services. Mr. Moore reiterated that Mr. Houston has never had a violation from the City. He said Mr. Houston goes above and beyond by sweeping and repairing the street.
David Ford, 1714 NE Chapel Woods Drive, Lee’s Summit, stated he does new home construction cleanup. He said they hope to put a small building on the property, and they will put vehicles on a paved surface. In response to Commissioner Nesbitt’s question, Mr. Ford said he’d be willing to let Mr. Houston’s crews access their property from his property.
Commissioner Comments
Commissioner Nesbitt stated he would like a condition added: Work on getting access to E. 23rd Street for construction vehicles through the Ford property in lieu of using Blue Ridge Boulevard. Commissioner Nesbitt said he’d also like the street cleaned with water in addition to the vacuum but doesn’t believe the City can request that since it’s not City property. Commissioner Nesbitt stated the second condition he’d like added is that the berm buffer area along the rear of the houses on Ble Ridge Boulevard should be the initial work done. Mr. Moore stated both clients agree to those conditions.
Chairwoman McClain stated she understands it’s not convenient or nice for the property owners and feels bad that it’s filled with dust and debris. She said unfortunately she can’t come up with a better use for that property.
Motion
Commissioner Preston made a motion to approve Case 23-100-14 - Rezoning – 9400 E. 23rd Street, with the two recommendations as requested by Commissioner Nesbitt. Commissioner Nesbitt seconded the motion. The motion passed with five affirmative votes."