[City Code Section 14-703-07 requires that when Major Change is sought to an approved preliminary development plan, it must be reheard and reapproved. In this case, the applicant seeks to remove a written condition of the preliminary development plan approved in 2004; no revisions are sought to any other elements of the plan.]
In November, 2004, the City Council approved a rezoning and preliminary development plan for ‘Peregrine Valley’ a planned unit development (PUD) project in eastern Independence south of Truman Road, west of M-78 Highway. The project consisted of 32 two-unit buildings and one fourplex for a total of 68 dwelling units on the site’s 21 acres in a maintenance-provided setting. All of the dwelling units are clustered on the northern 2/3’s of the site with the southern 1/3 primarily 100-year floodplain.
In August 2005 a final development plan was approved by the City which further refined elements contained in the preliminary plan. The existing zoning of the property, R-4/PUD (Single Family Residential Low Density/Planned Unit Development) will remain unchanged as will the site plan portion of the preliminary and final development plan.
Required Street Improvements – Access for the project was to be provided via a connection to the existing street stub in the adjoining Lake City Gardens subdivision and a connection to Jackson Drive; no connection was to be made to Truman Road. As this site lies within the projected alignment for Jackson Drive, the developer was to construct the portion of the Minor Arterial through the site.
A condition incorporated in the original, 2004 rezoning/preliminary development plan listed improvements the developer must make to streets internal and adjacent to the project. The condition was:
2. The developer is responsible for the following street improvements:
A. The developer shall escrow funds to construct half-street improvements along the south side of Truman Road before the first final plat for the project is recorded. These improvements include one additional driving lane and a sidewalk.
B. The developer is responsible for the design and construction of the full width of Jackson Drive from Truman Road south terminating at the existing Van Maele Road; this street profile shall include three driving lanes. Sidewalks and bike lanes will be provided via other funding sources.
C. A City approved turn-around will be constructed by the developer at the end of Van Maele Road with the remaining portion of the right-of-way south of Jackson Drive being vacated when Jackson Drive is constructed.
D. The street connection shall be made to the existing street stub of E. 14th Street in the adjoining Lake City Gardens subdivision, using the standard residential street profile as part of the subdivision's construction.
To fund these improvements, a Neighborhood Improvement District (NID) was formed by the developer in early 2006. Generally, the NID was intended to collect funds from the duplex unit owners over a period of years to repay the NID bonds after the street improvements above were constructed. After the internal streets and utilities were completed in 2007, permits were issued over the next few years for eight duplex buildings (16 units). However, during this time period it was determined that the NID would not generate sufficient funds to construct the improvements. As such, the NID document was not recorded, the NID bonds were not issued, and no funds were collected. After the recession in 2009, the site went dormant for several years. In 2014 Peregrine Valley Investments LLC, (the Owner) acquired the remaining vacant building sites and common area.
Over the next 18 months, the Owner applied for permits and constructed 14 additional duplex buildings (28 units). Due to the time that had elapsed, staff did not identify the the incomplete conditions of the PUD before permits were issued and the unit were constructed. In late 2015, the City suspended the issuance of any more building permits for duplexes until some means to fund the subject improvements could be established. After various discussions between the Owner and the City, the Owner decided to apply to make a Major Change to the preliminary development plan to remove this street improvement requirement. If this application is approved, the Owner will not be responsible to construct any of the four improvements listed above.
Affected Streets - The City has no immediate plans to construct Jackson Drive north of its current terminus at M-78 Highway. No funds have been set aside, and no right-of-way acquired for this Minor Arterial but for this segment in Peregrine Valley, which was dedicated with the final plat. However, the City recently awarded a contract to Burns and McDonnell, a local engineering firm, to conduct preliminary engineering for an alignment study for Jackson Drive from M-78 Highway to Truman Road, which includes Peregrine Valley. After the study is complete, the City will begin to acquire the necessary right-of-way to eventually construct this next segment of Jackson Drive when funds become available.
Street widening for this portion of E. Truman Road is not in the 2017-2023 Capital Improvement Plan as current, and short-term traffic projections do not warrant the improvements. Additional right-of-way needed for any future widening of Truman Road here was dedicated with the final plat of Peregrine Valley.
In meetings the City Public Works Department conducted several years ago with residents of the Lake City Gardens subdivision to discuss the proposed Jackson Drive alignment, the residents indicated that they did not want the street connection made to Peregrine Valley. This secondary connection between Peregrine Valley and Lake City Gardens is not required as the number of units planned (68 units) does not reach the threshold of 100 units where a second access is required by the Fire Code.
With the elimination of these street improvements, it will require all traffic to continue to utilize Van Maele Road as its singular means of access to Peregrine Valley. Van Maele is presently an asphalt street in good to fair condition roughly 20 feet in width with no curb/gutter cross section. A storm drainage issue exists at Van Maele’s connection with E. 13th Street where a temporary, nonfunctioning underground pipe causes stormwater to pond and sheet flow south across the pavement of Van Maele. There are no plans for City initiated improvements to Van Maele Road.
Planning Commission Action:
At its February 14, 2017 Planning Commission meeting, the motion for approval passed by a vote of 4-0, after consideration of the following facts:
- 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.
- That this action does not relate to the design of the project, its density, nor the buildings constructed in the project, only the street improvements required by Condition #2 as part of the preliminary development plan.
- That, at the Planning Commission hearing, no residents had questions and concerns about the rezoning application.
- That, at the hearing, no petition protesting this application was presented.
- That the total number of units planned for the project (68) will not increase, but may be reduced slightly as the changes to Van Maele Road will not be constructed in the near future.
Planning Commission minutes are available in the Community Development Department.