PROPERTY HISTORY
The 10.06-acre property has had a District C-2 zoning designation since 1980; a time prior to the development of Bolger Square. The property is part of a shopping center that originally contained a JC Pennys, Payless Shoes, Dicks Sporting Goods, Target and a number of outlots. Today, excluding the outlots, only the Target store remains. After Dicks Sporting Goods left for an Independence Center location and Payless Shoes closed; furniture, antique and Halloween stores occupied the two middle spaces. With the closure of JC Penny’s over three years ago and the challenging new retail environment for big box stores, the property owner began to consider other nonretail alternatives. The alternative ultimately brought forth this proposal for a multiple-family development.
PHYSICAL CHARACTERISTICS OF PROPERTY
The property is a vacant department store and accompanying parking lot. The existing structure stands in relatively good condition with an existing parking lot and surrounding landscaping in a relatively fair condition.
CHARACTERISTICS OF THE AREA
The surrounding residences, shopping centers and commercial use along 39th Street are in various conditions of vitality and appearance. In what will remain of the original Bolger Square, all three tenant spaces are occupied and are in relatively good condition. Portions of the center’s parking lot are in relatively poor condition. The businesses in the outlots over recent years have diversified from being nearly all restaurants to a greater mix of businesses. The shopping center across Crackerneck Road has maintained its vitality and occupancy. Except for a long existing landscaping business, residential uses lie to the north and northwest. There are multiple-family patio homes and condominiums lying across Crackerneck Road and Bolger Road, respectively.
PROPOSAL:
RW Capital Partners intends to develop a 10.06-acre, 3-building, 4-story multi-family apartment community at Bolger Square (17610 E. 39th Street S.) at the former 123,000-square foot JC Penny's store. The proposed 358-unit complex will provide a mix of one, two and three-bedroom apartments.
The expected monthly rent for each unit will be approximately $1,400 for a one-bedroom (703-square feet) $1,800 for a two bedroom (1,032-square feet) and $2,100 for a three-bedroom (1,300-square feet).
It will also feature sustainable design elements such as energy-efficient appliances, green roofs and a rainwater collection system. The project will also include pickleball court, dog park, pool, and in-building garages.
ANALYSIS
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 Commercial uses. The Guiding Land Use Principle most pertinent to the proposed zoning and use is to, “(f)facilitate the development of connected, mixed use neighborhoods where appropriate,” encourage the concept of mixed-use development to create diverse and self-sufficient neighborhoods, and foster redevelopment opportunities within the City to revitalize unused or underused property.”
Zoning:
The applicant proposes R-30/PUD zoning. District R-30/PUD (High Density Residential/Planned Unit Development) allows; multiple-family housing, home based daycare, government facilities, churches, schools, utilities, cemeteries, crops and gardening. The C-2 District (General Commercial) allows for retail, office, restaurants, banks, business and personal improvement services, hotels, construction services, daycare centers, nursing homes, government facilities, churches, employment agencies, funeral and interment services, schools, colleges and universities, veterinary and animal boarding services, sports and entertainment facilities, medical services, repair services and crop agriculture.
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 neither in a floodplain nor near a stream requiring accompanying stream buffer zones. Redevelopment of this site will result in an increase of open/green space and thus a reduction in impervious surfaces. The shopping center currently has an onsite detention area south of the service station at 39th Street and Crackerneck Road.
Building Elevations:
The three proposed buildings will have off-white, fiber cement, lap siding and dark gray, fiber cement panels. Additionally, there is a ten-foot-high tan wainscot that will wrap around the buildings and over and around the dark brown, garage doors and ground level windows and doors. The roofs will be dark brown, composite shingles. The structures will be slab-on-grade buildings.
CIP Investments:
There are no CIP projects impacting this development.
Traffic Study:
The traffic impact study, prepared by Kimley-Horn, looked at three intersection capacity analysis scenarios; for existing conditions (year 2023), existing conditions plus development conditions and three future conditions (year 2043). Currently, the adjacent intersections operate at an acceptable level of service. The proposed development will have 358-units and is projected to generate 1,613 daily trips, with 142 AM peak hour trips and 136 PM peak hour trips. Further, it is expected that the development will generate less traffic than did the department store. The future scenario includes an annual 0.5-percent background growth rate applied over 20-years.
The site trips from the proposed development were added to the street network and both study intersections are projected to continue to operate at the same intersection levels of service as existing conditions. Several individual movements are shown to operate at a LOS E during the PM peak hour. However, these operations are consistent with existing conditions. To provide additional queue storage for the southbound left-turn movement the pavement markings on the southbound approach to the 39th Street & Crackerneck Road intersection should be modified to provide at least 200 feet of storage.
The future conditions scenario includes site trips and an annual 0.5% background growth rate applied over 20 years. Both study intersections are projected to continue to operate at the same intersection levels of service as existing conditions.
Streets, Driveways and Parking Lots:
Access to The Alton will be via three entrances off Crackerneck Road. The north and central entrances will be the most direct to all three buildings. The south entrance drive, serving the whole of the shopping center, will provide indirect access from the southeast side. The middle entrance and accompany sidewalks will provide access to the front entrances to the Buildings B and C, as well as to the entrances of the box stores. The apartment complex will have the required number of parking spaces on its lot; however, parking lot and cross-access easements will be required on the Final Plat.
Landscaping:
When the Final Development Plan is submitted (in addition to the street trees, parking lot perimeter, island and endcap trees and trees around the perimeter of the buildings indicated on the Preliminary Development Plan,), shrubs should be provided around the parking lot perimeters, in parking lot end caps and islands and around the perimeter of buildings. The trees abutting S. Bolger Road berm should be preserved.
Amenities:
Provided amenities will include a fitness center, a dog park, pickleball courts, some open outdoor space, atriums, walking trails, a pool and spa.
Housing Study Summary:
From the recent housing study completed in 2021, it was shown that 19-percent of residents surveyed preferred additional multi-family housing choices in buildings larger than six-units. The study also identified renters occupying 35-percent of all units in Independence.
The study identified this area of proposed development as Stable and Transitional with neighborhoods experiencing market-driven reinvestment, but still required people-based, public realm, and catalytic investments to fully stabilize. The focus to stabilize neighborhoods in this area is to support the market with strategic investments and to prevent decline by maintaining public assets. The investment is primarily market driven.
The study also identified the vacancy rates of larger scale multifamily housing falling over the last decade to four percent, with asking rental rates growing by 40-percent, indicating a growing demand for market-rate multi-family units.
Per the study, the asking rates for healthier markets in 2021 were $1,200 for one bedroom to $2,200 for three-bedroom units, which would be in line with the currently active Trinity Woods and Azure apartment complexes.
The study also pointed out that the dominant housing type in Independence is the single-family home, with the current ratio of single-family to multi-family being similar in Independence as throughout Jackson County. As trends shift over the next 20 years, the market concludes that there is a need for diversity of housing types to retain and/or attract residents, particularly for young families and seniors. While single-family will continue to be the dominant housing type, there will be more demand for maintenance-free homes and quality multifamily options.
The study identified that over the next 20 years, there is a predicted demand for 450 rental units of workforce-affordable housing with rental rates of $750 to $1,400 per month. There is also a predicted demand of 300 rental units of market-rate housing with rents more than $1,400 per month.
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 Commercial uses for this vicinity;
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.
Adding the high-density residential zoning, with the surrounding commercial and residential zonings and uses, will create a new mixed-use development and neighborhood;
4.The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
Although the residential uses to the northwest are lower density in design, there is R-18/PUD zoning to the north across Bolger Road. The commercial uses flanking the property will create nearby, walkable, shopping opportunities for the new residents;
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.
The current retail environment has made the vacant C-2 zoned, box store very difficult to lease;
6. The length of time the subject property has remained vacant as zoned.
The big box store has been vacant for over three years;
7.The extent to which approving the rezoning will detrimentally affect nearby properties.
Adjacent and nearby properties should not be impacted by more traffic than the department store generated, but the adjacent commercial uses should benefit from additional customers;
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 neighborhood will lose the possible repurposing of an underutilized big box store and expanding the area’s nearby customer base. If approved, the proposed use may advance the Guiding Principle of creating a diversity of housing and thus the welfare of the community.
Draft Minutes:
Case 23-125-06 – Rezoning/PUD – 17610 E. 39th Street S.
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, create a replat with all necessary cross-access and parking lot easements and that indicates the adjustments made to the eastern boundary of the lot;
2.The trees abutting the north side of the property, on the berm, should be preserved.
3.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);
4.The Final Development Plan should provide an elevation of entry signs/features;
5.Include elevations of the trash enclosures with Final Development Plan;
6.For the Final Development Plan, provide a elevation of the west wall of the the box store east of Buildings A and B to show landscaping and treatments “softing” the look of the exposed wall;
7.The development shall provide stormwater quality measures.
8.The units will be addressed on the Final Development Plan.
9.To provide additional queue storage for the southbound left-turn movement the pavement markings on the southbound approach to the 39th Street & Cracker neck Road intersection should be modified to provide at least 200 feet of storage.
Applicant Comments
Robert Whalen, 353 W Lancaster Ave, Wayne Pennsylvania 19087, stated they take empty retail stores and redevelop them into a project that would benefit the city.
In response to Commissioner Nesbitt, Mr. Whalen said that they were not planning on sitting an age restriction on the multifamily housing. Mr. Whalen stated they had not planned of putting retail on the bottom party of the multifamily housing.
In response to Commissioner Nesbitt, Robert Walquist 821 NE Columbus St, Lees Summit, said there are 1.2 per unit for parking in the housing facility.
In response to Commissioner L. Wiley and Commissioner Nesbitt, Tim Homberg 3515 W 75th St, Prairie Village, KS stated the housing facility will be a Class A development, making it high end.
Denise Yates, 1444 Grand Blvd Kansas City, provided additional information of what a Class A high end development looks like.
Public Comments
Lynn Everett, 17800 E Bolger Rd, said this type of development is not going to enrich the area. Ms. Everett stated residents want small scale businesses in the vacant area, not a huge development for living that will not be beneficially to the community.
Patricia Kerns, 17800 E Bolger Rd, said it would not be a good place for families to live having no parks, or grass areas around, and unsafe roads at the development. Ms. Kerns stated there are other multi-family housing facilities being built in close areas that will be perfect for families.
Lynne Baker, 19116 E 19th St Ct S, stated the housing development would bring in many new opportunities for the area and help Independence to grow.
Dave Lamken , 17800 E Bolger Rd Unit 317 B, said the development plan has been transparent and would be better than a vacant building sitting there.
Mary Jo McCoy, 17800 E Bolger Rd Unit 145, stated the housing development would be a nice add on allowing more families in the area.
Jo Reimel, 17800 E Bolger Rd, agreed the housing development would be a good addition.
Chairman McClain took a poll of how many were for the project and how many were against the project.
In response to L. Wiley, Robert Whalen said they studied the housing study, why the commercial development failed, how it can be fixed, and what is feasible for the city and community. Mr. Whalen stated when the building was purchased the plan was to come in and fix something that was broken.
In response to Commissioner Nesbitt, Robert Whalen stated underground parking was not economically viable for the building.
Commissioner Comments
Chairwoman McClain stated she appreciated everyone speaking about the project, and concerns with the project. Chairwoman McClain said that the housing development would be a great addition, that would target all age groups.
Commissioner L. Wiley stated she is for the project as it will be very beneficially for more affordable housing options in the area.
Commissioner H. Wiley said most of the younger generation is renting instead of buying. Commissioner H. Wiley stated she feels like the building plan is a little big but is for the project.
Motion
Commissioner H. Wiley made a motion to approve Case 23-100-15 – Rezoning – 140 E. Farmer Street. Commissioner Ferguson seconded the motion. The motion passed with four affirmative votes.