Item Coversheet
City of Independence
BILL NO. 18-091Ord.No:          18943

Agenda Title:

18-091 - 2R. An ordinance amending the Zoning District Map as to tract of ground located at 19700 E. 39th place S. from District R-6 (Single-Family Residential) to District R-30/PUD (High Density Residential/Planned Unit Development) and approving a Preliminary Development Plan, in Independence, Jackson County, Missouri. [Motion to renew and placed on Monday, October 15 Council Meeting agenda passed during Council Study Session on Monday, October 8, 2018.]

Staff recommends approval of the zoning request and the Prelimenary Development Plan subject to the following conditions:

1)      Include these addresses on the Final Plat and Final Development Plan;

Clubhouse Address - 19700 E. 39th Place S.

Building Address - 19650 E. 39th Place S.

Building Address - 19710 E. 39th Place S.

Building Address - 19730 E. 39th Place S.

Building Address - 19740 E. 39th Place S.

Building Address - 19720 E. 39th Place S.

2)      The Final Development Plan will have to include end aisle trees and associated shrubs on the perimeter of the parking lot.


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

Commissioner Goldesberry



Commissioner McClain



Commissioner Ashbaugh



Commissioner Preston



Commissioner Wiley



Commissioner Read



Commissioner Ferguson







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

Executive Summary:

The Spanos Corporation requests to rezone property located east of S. Jackson Drive and E. 39th Place S. from R-6 (Single-Family Residential) to R-30/PUD (High Density Residential/Planned Unit Development) and approve a Preliminary Development Plan.  The proposed 13.53-acre development will consist of 280 multiple-family units in five four-story, 56-unit buildings.  The City’s new Comprehensive Plan, ‘Imagine Independence,’ envisions Mixed Uses for the site. 


Elevations - The elevations will have cementitious siding with 30-year asphalt shingle roofs.  Each residential building will have 19 attached garages for a total of 95 attached garages.  The development’s one to three-bedroom units will range from 540 square feet to 1,300 square feet in area.


Trash Enclosure - A masonry trash enclosure will need to be provided for the project’s trash compacter to be sited northeast of Building Two.

Project Amenities - The amenities will include a 5,000-square foot clubhouse and leasing facility with a salt water pool and spa, fitness center, media center, lounge, game room, kitchen facility, exterior gathering areas and dog park.


Public Utilities - Sewer, water and electrical service are available to the site from E. 30th Place S. and S. Jackson Drive at E. 40th Street Court S.  Twenty-foot wide easements are needed for the water and sewer main installations.


Storm Water - The site is eligible for the fee-in-lieu-of detention option given its proximity to the Little Blue River.  Portions of the property lie in the 500-year floodplain, thus requiring a flood development permit.  The applicant will also need to re-evaluate storm water grades and E. 40th Street Court S. storm water inlets before Final Development Plan approval.


Fire Protection and Access - Numerous fire hydrants will be installed for the project both on the property and in the adjacent rights-of-way.  Driveways off E. 39th Place S. and E. 40th Street Court S. will provide two entrances for the development’s parking lots.

Streets and Sidewalks - Street extensions to E. 39th Places S. and E. 40th Street Court S. will lead to and extend the length of the lot.  Public sidewalks will be provided the length of the property.

Landscaping - The Preliminary Development Plan indicates 21 street trees, 15 parking lot interior trees, 5 parking lot perimeter trees and 72 shrubs.  But the Final Development Plan will have to include end aisle trees and associated shrubs on the perimeter of the parking lot as well.  A 15-foot wide landscape buffer and fence will be provided along the eastern edge of the property.  The western edge of the property will not have a landscape buffer because of the grade.  The northern portion of the property will be screened by the grade and the existing woodland along the new property line.

Parking - There are 299 parking spaces required for this project.  The apartments require 280 spaces (one per dwelling unit) and the clubhouse requires 19 spaces (3.5 stalls per 1,000 square feet).  There will be 95 garage spaces, 95 tandem spaces and 374 open spaces provided.  Twelve disabled spaces will be required and provided.

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 – The recently adopted Imagine Independence plan envisions Mixed Uses for this site. 

2.   Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts The I-70/Selsa Economic Development Strategy recommends ‘Office’ use for this site.

3.  The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning – The project will have a similar multiple-family use as the nearby Cornerstone Apartments, zoned R-18/PUD.  Other adjacent and nearby by uses include a hotel, restaurants, office and retail uses.

4.  The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – The High Density Residential use is compatible with the hotel, restaurant and other nearby apartment structures.

5.  The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – The property, and the larger tract extending east from which it comes, is flanked by a wooded ridge and the Little Blue Trace Park and could be developed for single-family uses.

6.  The length of time the subject property has remained vacant as zoned – It has been vacant as zoned for decades.

7.  The extent to which approving the rezoning will detrimentally affect nearby properties – Given, the surrounding commercial and multiple-family uses, rezoning will not detrimentally affect nearby properties.

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 – The applicant, and owners of surrounding properties, should benefit from the investment.


Planning Commission Action: 

At its July 24, 2018  Planning Commission meeting, the motion for approval passed by a vote of 6-0, after consideration of the following facts:


  1. That, the rezoning is consistent with the review criteria listed in Section 14-701-02 of the City Code.
  2. That, a public hearing was held pursuant to a notice duly published according to law, at which time all interested parties were given the full opportunity to be heard.
  3. That, the development would consist of up to 280 multiple-family units in five, four-story, 56-unit buildings, each with 19 attached garages.
  4. That, the development would contain one to three-bedroom units ranging in size from 540-square feet to 1,300-square feet.
  5. That, the development would consist of market rate apartments.
  6. That, the developer intends to manage the project upon its completion.
  7. That, at the Planning Commission hearing, there were no questions and concerns about the rezoning application.
  8. That, at the hearing, no petition protesting this application was presented.



Draft Planning Commission minutes are attached to this Council agenda item.

Department:          Community DevelopmentContact Person:          Tom Scannell

City Clerk DepartmentApproved

Council Action:          Council Action:          Accepted

Staff ReportBackup Material
Letter from ApplicantBackup Material
Property Owner NotificationBackup Material
ApplicationBackup Material
PlatBackup Material
Draft OrdinanceOrdinance
Draft PC MinutesBackup Material