Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 19-0811R.

Agenda Title:

19-081 - 1R.  An ordinance approving a rezoning from District R-6 (Single-Family Residential) to District R-18/PUD (Medium Density Residential/Planned Unit Development) and approving a preliminary development plan for the property at 2805 S. Sterling Avenue, in Independence, Missouri.
Recommendations:

Commissioner Preston made a motion to recommend approval of the rezoning, and preliminary development plan, with the following conditions:

1.  While Sterling Avenue is classified as an Arterial street by the City’s Thoroughfare Plan and thus requires a building setback of 50 feet, the proposed building should have a similar setback to other buildings along the street.

2.  As the property to the south remains zoned R-6 (Single Family Residential), a buffer screen comprised of fencing and landscaping must be provided along the south property of this lot, in accordance with Section 14-503-07.

3.  The final building plans must utilize design elements common with other residential structures on the corridor.  These elements include roof forms and façade materials.

4.  Reduce the amount of outdoor parking from nine spaces to seven spaces for a total of ten spaces for this triplex (includes three garage spaces).

5.  The width of the area between the north side of the building should be reduced by at least 2.5 feet to increase the building setback along the south property to seven feet and increase the depth of the outdoor parking spaces to 18 feet.

 

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

 

Commissioner Goldesberry

-

Absent

Commissioner McClain

-

Yes

Commissioner Ashbaugh

-

Yes

Commissioner Preston

-

Yes

Commissioner Wiley

-

Yes

Commissioner Ferguson

-

Yes

 

 

 

 

 

 

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

Executive Summary:

Cal Lawanson requests to rezone the property at 2805 S. Sterling Avenue from R-6 (Single-Family Residential) to R-18/PUD (Medium Density Residential/Planned Unit Development) and approve a Preliminary Development Plan to construct a three unit residential building.

Background:

PROJECT DESCRIPTION:

Cal Lawanson requests to rezone the property at 2805 S. Sterling Avenue from R-6 (Single-Family Residential) to R-18/PUD (Medium Density Residential/Planned Unit Development) and approve a Preliminary Development Plan to construct a three unit residential building.

 

Current Zoning:

R-6 (Single Family Residential)

Proposed Zoning:

R-18/PUD (Medium Density Residential/Planned Unit Development)

Current Use:

Undeveloped

Proposed Use:

Three unit building

Acreage:

0.32 acres +/-

Building Square Foot:

6,600 SF +/-

 

BACKGROUND & HISTORY:

At its September 24 meeting, the Planning Commission continued this application to the October 22 meeting to provide the applicant an opportunity to improve the preliminary development plan taking into consideration issues raised during that meeting.  Primary issues included building/parking setback, access to S. Sterling Avenue, and the number of parking spaces provided.  Based upon these issues, the applicant revised the site plan as follows:

 

1.  Rotated the building to face north and shifted it south placing parking on the north side of the site.

2.  Consolidated the previous two driveways into a single, wider drive onto S. Sterling Avenue to access the parking area on the north side of the lot.

3.  Provided nine outdoor parking in addition to the three indoor garage spaces for a total of 12 spaces (four spaces per unit).  However, staff believes the number of spaces could be reduced to seven outdoor spaces thus providing 3.33 spaces per unit.

 

The building design remains the same however: a roughly 6,600 square foot building divided into three, two-story living units with all of the units featuring a three bedroom layout with a single car garage.  The exterior will be composed of brick and hardy board siding for their low maintenance qualities.  These will be market rate units with the rental range being between $825 and $875 a month.  

 

ANALYSIS

Consistency with Independence for All, Strategic Plan:

This proposed rezoning contributes to the Strategic Plan goal of growth by providing new housing units to fill a market need for this type of residence.  These market rate units will provide modern workforce housing for citizens of the City.    

Comprehensive Plan Guiding Land Use Principles: 

The plan designates this area for Residential Neighborhoods.  The plan recommends that infill construction blend into the character of the existing homes to avoid glaring contrasts between new and old properties.  This area of the City has both multi-unit apartment buildings and triplexes so this development is in character with those.  

 

Historic and Archeological Sites:

There are no apparent historic/archeological issues with these lots.

 

Public Utilities/Streets:  All utilities are available to the site, the property has direct access onto S. Sterling Avenue.

 

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 Comprehensive Plan envisions the subject property for ‘Residential Neighborhood’.  The proposal adds to the mixture of single family homes, duplexes, and apartments along this segment of Sterling Avenue.

 

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 part of Independence.

 

3.      The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning.

This proposed level of residential zoning, R-18/PUD, and its allowed uses, is compatible with zoning and use of the immediate surrounding property.  There are multi-family zoned properties to the north and east of this site, and also across Sterling to the northwest and southwest. Housing types along the corridor range from single family homes on larger residential lots to duplexes, to apartments, to senior housing.

 

4.      The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.

As mentioned previously, the types of residential development along this segment of the Sterling corridor vary, and as such, and one could argue that its character is transitioning from the older single family homes to a mixture of more medium and higher density residential uses.

 

5.      The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.

Sterling Avenue south of 23rd Street has realized a minimal amount of construction of single family homes in the last 15 years. 

 

6.      The length of time the subject property has remained vacant as zoned.

From the information available, these two lots have been vacant since at least 2004.

 

7.      The extent to which approving the rezoning will detrimentally affect nearby properties.

The proposed rezoning and the construction of a triplex here is not expected to detrimentally affect nearby properties as the site is situated between an apartment building to the north, a triplex to the east, and a single family home to the south.

 

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.

It is not expected that the approval of this application will have any effect to the health, safety, or welfare of the public.  If denied, the applicant could construct a single family home on each of the two lots which would eliminate one dwelling unit for rent.

 

Planning Commission Action:  At its October 22, 2019 Planning Commission meeting, the motion for approval passed 5-0 with the conditions listed above, 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 proposed R-18/PUD (Medium Density Residential/Planned Unit Development) zoning allows the following uses: two family dwellings, apartments, home gardens, churches, schools, colleges and universities.
  4.  That, the current R-6 (Single Family Residential) zoning allows for single family homes, government facilities, churches, schools, colleges and universities. 
  5.  That, at the Planning Commission hearing, the owners of the apartment building directly north of this property spoke in opposition to this application with concerns about parking.
  6. That, the proposed project is in conformance with the Comprehensive Plan’s recommended land use of ‘Neighborhood Residential’ uses for the site.
  7. That, no protest petition was submitted in opposition to the application.

 

Minutes from the September 24, 2019 Planning Commission Meeting:

"Case #19-125-01 – Rezoning – 2805 S. Sterling Avenue

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.  Mr. Borders outlined several conditions, if approved.

 

Applicant Comments

Cal Lawanson, 9625 NE Cherry Ct, Kansas City, MO, stated he owns a few properties in Independence and believes this will work in this neighborhood.  He stated this will be affordable housing.

 

Public Comments

Lori Schwope, 324 SW Raintree Drive, Lee’s Summit, MO, asked if there is any yard space and expressed concerned over the driveway design.  Ms. Schwope stated she is concerned about 40 mile per hour traffic with only a single driveway.  She stated the multi-family housing units in that area have larger parking lots to turn around.  Ms. Schwope noted since these proposed units have three bedrooms, there will be at least two vehicles per unit.  She stated she owns 18 units in the area and the proposed pricing is not affordable.  Ms. Swope also questioned how trash dumpsters will be handled. 

 

Tyler Schwope, 324 SW Raintree Drive, Lee’s Summit, MO, stated there is a four foot wall near the property and expressed concerned about a three-plex trying to squeeze into that property.  Mr. Schwope stated they would be in favor of a duplex, because that would allow enough parking space for the tenants to turn around and not back into Sterling traffic.

 

Mr. Borders stated the plot plan shows the property 34-feet away from Sterling.  He stated staff would request a new driveway design to allow residents to pull through the property.  Mr. Borders stated it is possible the property could be turned 90-degrees to allow a better parking area.  Mr. Borders stated the Planning Commission could table this case to allow for driveway design.  Commissioner McClain asked what the average setback is on Sterling.  Mr. Borders stated Sterling wasn’t always a 4-lane road.  He stated the setback is generally 50-feet.  In response to Commissioner Preston’s question, Mr. Borders stated parking is allowed within the 50-foot setback.  Mr. Borders stated a small parking lot would be better than residents backing onto Sterling.  Commissioner Preston stated he doesn’t believe this should come forward with so many questions on the parking situation. 

 

In response to Chairman Ashbaugh, Mr. Lawanson stated he is inclined to talk to staff.  He said this three-plex will not be as big as the apartment complex.  He stated he does not want people backing out onto Sterling.  Mr. Lawanson said Sterling is not overcrowded and has never had issues parking on Sterling.  He stated he could make a circle in the front to allow tenants to turn around. 

 

Commissioner McClain asked Mr. Lawanson asked about trash service.  Mr. Lawanson stated they will have a big dumpster on the property to service.  Mr. Borders stated there was no trash enclosure on the plan, so that will need to be added to the plan.  Mr. Borders suggested roll-outs would be better.

 

In response to Chairman Ashbaugh’s question, Mr. Lawanson stated each of the three-plex units would have three bedrooms. 

 

Commissioner McClain stated this does seem to fit the neighborhood, but she would like to see improvements made to the plan. 

 

Motion

Commissioner Preston made a motion to continue Case #19-125-01 – Rezoning – 2805 S. Sterling Avenue to the October 22, 2019 Planning Commission meeting.  Commissioner Wiley seconded the motion.  The motion passed with five affirmative votes."

 

 Minutes from the October 22, 2019 Planning Commission Meeting:

"Case #19-125-01 – Rezoning – 2805 S. Sterling Avenue

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.  Mr. Borders noted changes to the originally presented plan that includes rotating the building and providing 9 outdoor parking spaces.  He outlined several conditions, if approved.

 

Applicant Comments

Cal Lawanson, 9625 NE Cherry Ct, Kansas City, MO, stated they have moved the building and created a driveway large enough to turn around.  Mr. Lawanson stated this will allow residents to turn around without backing onto Sterling.  He stated each resident will have their own trash bin to take to the trash. 

 

Commissioner Wiley clarified there would be a garage for each unit.  Mr. Lawanson stated there would be a garage plus two additional parking spots for each unit.   

 

Public Comments

No public comments.

 

Motion

Commissioner Preston made a motion to approve Case #19-125-01 – Rezoning – 2805 S. Sterling Avenue, with conditions.  Commissioner Wiley 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
ApplicationBackup Material
Staff ReportBackup Material
Comp Plan MapBackup Material
Zoning MapBackup Material
Site PlanBackup Material