Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 24-0121R

Agenda Title:

24-012 1R An ordinance approving a rezoning from District BP/PUD (Business Park/Planned Unit Development) and District C-2/PUD (General Commercial Planned Unit Development) to District BP/PUD (Business Park/Planned Unit Development) and approving a Preliminary Development Plan for the property located at the Little Blue Parkway, Truman Road and M-78 Highway intersections.
Recommendations:

Commissioner L. Wiley made a motion to recommend APPROVAL of this rezoning request, for property at Little Blue Parkway, Truman Road and M-78 Highway intersections, with the following conditions be included with the preliminary development plan:

1.      Retail buildings in this business park phase shall not have restrictions on the maximum building size, however; the development site shall meet the BP/PUD Floor to Area Ratio for the site.

2.      The permissible uses for these properties includes all BP/PUD uses permitted by right plus businesses with drive-through facilities. Development must follow section 14-302 of the UDO for the BP/PUD District.

3.      The previously approved design guidelines shall apply to all construction within the Eastgate Commerce Center.

4.      Restaurant parking is established at 1 parking space per 3 seats; individual buildings containing retail and office uses shall provide at least 1 space per 500 SF. For warehouse/manufacturing, the parking ratio shall be 1/1,000 SF.

5.      Provide a draft copy of the covenants and restrictions with the first Final Development Plan.

6.      Conclude detailed Landscaping Plans and Elevations with the Final Development Plans.

7.      Any future improvements to Truman Road will be in accordance with the relevant development agreement between the city and developer. 

8.      Each new drive or access location for this development plan will need to be evaluated and approved or denied on its own merits and the traffic impact study updated accordingly.

9.      The current stream buffers and the new proposed stream buffers shall be more clearly indicated on the Final Development Plans and Final Plats.

A second to the motion was made by Commissioner O’Neil.  The Independence Planning Commission voted as follows:

Commissioner Nesbitt – Absent

Commissioner H. Wiley – Absent

Commissioner L. Wiley – Yes

Commissioner McClain – Yes

Commissioner Ashbaugh – Yes

Commissioner Ferguson – Yes

Commissioner O’Neil – Yes

The motion passed 5-0 and such application is forwarded to the City Council for its consideration.  Staff concurs with the recommendation of the Planning Commission.

Executive Summary:

A request by NorthPoint Development to rezone the property from BP/PUD (Business Park/Planned Unit Development) and C-2/PUD (General Commercial/Planned Unit Development) to BP/PUD (Business Park/Planned Unit Development) and approving a Preliminary Development Plan for property at Little Blue Parkway, Truman Road, and M-78 Highway intersections.

Background:

NorthPoint Development proposes a minor modification to EastGate Commerce Center.  The portion of the development subject to this rezoning application contemplates approximately 321,000 square feet of commercial space.  The property is located at the southeast corner of Highway 78, Truman Road and Little Blue Parkway. These tracts will be built out in phases over the next 5-7 years and are located on approximately 74-acres.  The properties are currently zoned BP/PUD and C-2/PUD and the applicant is proposing a zoning change to adjust the boundary to the Business Park.  The majority of the area is already zoned BP/PUD with planned commercial retail buildings.  The main intent of this rezoning is to shift the buildings to have Little Blue Parkway frontage.  This creates a better buffer from the trail, while also giving better visibility from Little Blue Parkway.  This zoning is consistent with property in the area.  The buildings within the BP area will be designed to be pedestrian friendly, by way of connecting walkways, including connections, where feasible, between adjacent buildings and public streets.  In addition, the buildings themselves will be designed with vertical and horizontal articulation and the use of glass to provide a two-story appearance.

The applicant is requesting that there be no restriction on building size or lot size. This will allow for a mix of larger industrial buildings with smaller commercial lots that can be sized to fit future tenant needs.

NorthPoint has provided preliminary development plans, and building elevations for the warehouse structures, for review purposes only; the final plans may vary from what has been provided.

 

ANALYSIS

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: 

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.”

Sub-Area Plans:

The property is located within the Little Blue Valley Plan Area

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 or denied on their own merits.   The sites themselves will need to change in conformance to City staff reviews and required studies.  While a traffic study has been submitted, it will be required to be updated as specific locations are submitted for review and engineering approval. 

 

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 necessitates that innovative earthwork and hydrology practices be implemented to effectively deal with these challenges.  Similarly, the proposed basins, mitigation areas, and other natural amenities 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 detention. 

Sanitary sewer

A large transmission main running along the east side of Little Blue Parkway is a 120-inch pipe owned by Little Blue Valley Sewer District; it 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 to be submitted 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.  

Historic and Archeological Sites:  There are no apparent historic issues with this property.

 

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.            The consistency with 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.            The consistency with the PUD standards of Section 14-902, including the statement of purpose.

Section 14-902 is intended to allow design flexibility that results in greater public benefit than would be achieved using conventional zoning regulations; this project is in conformance with that standard providing a mix of commercial, office and industrial uses.

3.            The nature and extent of Common Open Space in the PUD.

A connection will be made to the Trace Park trail system from the southernmost parking lot and an open space around the stormwater mitigation area south of Truman Road.

 

4.            The reliability of the proposals for maintenance and conservation of Common Open Space. NorthPoint states that it will construct, manage, and maintain the properties; it also has no intent to sell any units, buildings, or properties.

5.            The adequacy or inadequacy of the amount and function of Common Open Space in terms of the densities and dwelling types proposed in the plan.

Not applicable, this is a proposed Business Park project.

6.            The extent to which the proposed use will adversely affect the capacity of safety portions of the street network or present parking problems in the vicinity of the property. Whether adequate provision for public services, provides adequate control over vehicular traffic, and furthers the amenities of light and air, recreation, and visual enjoyment.

Public services in the area are adequate to serve this project and will be extended to the sites as necessary.  This proposed project will not adversely affect the street network in the vicinity of the project, however; improvements are necessary to Truman Road.  Adequate parking is provided internal to the complex; no on street parking is allowed on any of the surrounding streets.

7.            The extent to which the proposed use will have a substantially adverse effect on adjacent property and the development or conservation of the neighborhood area.

Much like the proposed Eastgate business park project at R.D. Mize Road and the Little Blue Parkway, these sites are isolated with the Northeast site abutting property sought by NorthPoint to be rezoned to I-1 and the South tract abutting the County Trace Park.  The West site is encircled by roadways with adjacent properties being the City power plant, and a concrete plant. As such, the mitigation of impact measures relating to traffic, parking, recreation, and related elements should not have a substantial adverse impact on the area.

 

8.            Whether potential adverse impacts have been mitigated to the maximum practical extent. Mitigation efforts have been planned by the developer to reduce impacts to the area.  This will done by restricting access points to the existing street network, providing adequate stormwater management, and extending the existing public utilities throughout the sites.

9.            Whether the Preliminary Development Plan represents such a unique development proposal that it could not have accomplished through use of (non-PUD) conventional zoning regulations.

When considering this project’s mixture of proposed office, commercial, and industrial uses, combined site layouts, and building designs, the use of the ‘PUD’ designation is the only option.

10.         The sufficiency of the terms and conditions proposed to protect the interest of the public and the residents of the PUD in the case of a plan that proposes development over a period of years.

While this project will be constructed in multiple phases, the entire development is proposed to be under one ownership.

 

Draft Planning Commission minutes:

"Case 24-100-06 – Rezoning – M-78 Highway & Little Blue Parkway

Case 24-125-02 – Rezoning/PUD – M-78 Highway & Little Blue Parkway

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 reviewed the following conditions for the Rezoning/PUD case:

1.       Retail buildings in this business park phase shall not have restrictions on the maximum building size, however; the development site shall meet the BP/PUD Floor to Area Ratio for the site.

2.       The permissible uses for these properties includes all BP/PUD uses permitted by right plus businesses with drive-through facilities. Development must follow section 14-302 of the UDO for the BP/PUD District.

3.       The previously approved design guidelines shall apply to all construction within the Eastgate Commerce Center.

4.       Restaurant parking is established at 1 parking space per 3 seats; individual buildings containing retail and office uses shall provide at least 1 space per 500 SF. For warehouse/manufacturing, the parking ratio shall be 1/1,000 SF.

5.       Provide a draft copy of the covenants and restrictions with the first Final Development Plan.

6.       Conclude detailed Landscaping Plans and Elevations with the Final Development Plans.

7.       Any future improvements to Truman Road will be in accordance with the relevant development agreement between the city and developer. 

8.       Each new drive or access location for this development plan will need to be evaluated and approved or denied on its own merits and the traffic impact study updated accordingly.

9.       The current stream buffers and the new proposed stream buffers shall be more clearly indicated on the Final Development Plans and Final Plats.

 

 

Applicant Comments

Trent Squiers, 3315 N. Oak Trafficway, Kansas City, made a presentation with an update on the existing construction and an overview of the proposed changes.  He stated the site located between M-78, Little Blue Parkway and Truman Road presents lots of challenges.  He said by moving this building to the east, this prevents them from having to relocate the water main and telecommunication line.  It also consolidates access to be on Little Blue Parkway and Highway 78.  They’re also adding another access point from Little Blue Parkway to the buildings south of Truman Road.  Mr. Squiers said none of these changes will affect the parkland dedication or the buffer of the Little Blue Trace Trail. 

 

In response to Commissioner Ashbaugh’s question on parking, Mr. Squiers said the number of parking spaces is in line with other developments they’ve completed.  He noted that tenants looking for that kind of space will generally require the large amount of parking.  Grant Polley, 3315 N. Oak Trafficway, Kansas City, noted for the proposed commercial tenants, they would each have to submit their own site plans with the number of parking spaces they need. 

 

In response to Commissioner Ashbaugh’s question about stormwater, Mr. Polley showed a map of the proposed land that’s been dedicated for stormwater runoff. 

 

In response to Commissioner L. Wiley’s question, Mr. Polley said the commercial business park areas will have smaller restaurants, small businesses, and flex spaces. 

 

In response to Commissioner L. Wiley’s question, Mr. Polley said Northpoint is investing $1 billion dollars. 

 

Public Comments

No public comments.

 

Commissioner Comments

Commissioner L. Wiley thanked Northpoint for the great work they’re doing in the City. 

 

Chairwoman McClain noted she is glad they’re moving this building. 

 

Motions

Commissioner Ashbaugh made a motion to approve Case 24-100-06 – Rezoning – M-78 Highway & Little Blue ParkwayCommissioner Ferguson seconded the motion.  The motion passed with five affirmative votes.

 

Commissioner L. Wiley made a motion to approve Case 24-125-02 – Rezoning/PUD – M-78 Highway & Little Blue Parkway, with conditions as outlined by staff.  Commissioner O’Neill seconded the motion.  The motion passed with five affirmative votes."

Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
DepartmentAction
Community Development DepartmentApproved
Finance DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
Draft OrdinanceOrdinance
Staff ReportBackup Material
Letter from ApplicantBackup Material
Application PacketBackup Material
Notification LetterBackup Material
Notification InformationBackup Material
Notification AffidavitBackup Material
Existing Zoning MapBackup Material
Proposed Zoning MapBackup Material
Overall Site PlanBackup Material
Eastgate Design GuidelinesBackup Material
Northpoint PresentationBackup Material