Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 24-011 Ord.No:          19529

Agenda Title:

24-011 2R 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 I-1 (Industrial) for the property at the southeast corner of M-78 Highway and Little Blue Parkway.
Recommendations:

Commissioner Ashbaugh made a motion to recommend approval of case 24-100-06, the rezoning of the tract southeast of the intersection of M-78 Highway and Little Blue Parkway.  A second to the motion was made by Commissioner Ferguson.  The Independence Planning Commission voted as follows:

Commissioner Ashbaugh – Yes

Commissioner Ferguson – Yes

Commissioner McClain – Yes

Commissioner Nesbitt – Absent

Commissioner O’Neil – Yes

Commissioner H. Wiley – Absent

Commissioner L. Wiley – Yes

 

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

Executive Summary:

A request by NorthPoint Development to rezone the properties along M-78 Highway and Little Blue Parkway from BP/PUD (Business Park/Planned Unit Development) and C-2/PUD (General Commercial/Planned Unit Development) to I-1 (Industrial).

Background:

NorthPoint Development proposes a minor modification to EastGate Commerce Center.  The portion of the development subject to this rezoning application contemplates approximately 290,000-square feet of Class-A industrial space.  The tract is located southeast of the intersection of Highway M-78 and Little Blue Parkway.  This tract will be built out in the next 10 to 15 years.

Relocating the B4 building across the parkway is the intent of the zoning change.  Shifting the Industrial building to the east of the parkway matches the adjacent industrial uses.  This rezoning is consistent with property in the area.  The buildings within the Industrial zoned area will be designed to be versatile to a large number of regional and national users.

NorthPoint’s attached sketch plan shows a preliminary design of how this warehouse could be situated on the lot.

 

ANALYSIS:

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 this lot.  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 plan.   The site itself 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. 

Stormwater

The previously 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.  

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

 

REVIEW CRITERIA:

Recommendations and decisions on rezoning applications must be based on consideration of all of the following criteria:

1.      Conformance of the requested zoning 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.      Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts.

This tract is located in the Little Blue Valley Plan 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 to the north is zoned for industrial purposes.  Land to the west and south are zoned for Business Park uses.

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 more than 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 and proposed industrial buildings to the north and east.

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.

This rezoning is not expected to have a detrimental effect on neighboring properties. The industrial zoning along with the larger format building would be in keeping with the proposed industrial buildings to the north and east. 

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.

 

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
City Clerk DepartmentApproved

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
Draft OrdinanceOrdinance
Northpoint PresentationBackup Material
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
Site PlanBackup Material
ElevationsBackup Material
Overall Site PlanBackup Material