REQUEST FOR COMMISSION ACTION CITY OF INDEPENDENCE
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REQUEST FOR COMMISSION ACTION
CITY OF INDEPENDENCE
January 28, 2021
Department Administration Director Approval Kelly Passauer
AGENDA ITEM Consider recommendation from the Planning Commission regarding a
request to rezone a tract of land from R-1, Large Lot Single-Family Dwelling District to C-1,
Neighborhood Business District at 2313 North Pennsylvania Avenue.
BACKGROUND On January 5, 2021 the Planning Commission conducted a public hearing
to consider rezoning a tract of land from R-1, Large Lot Single-Family Dwelling District to C-1,
Neighborhood Business District at 2313 North Pennsylvania Avenue with conditions. The
applicant requested to adjourn the public hearing until the February 2, 2021 Planning
Commission meeting to allow them time to file a PUD overlay, as the building they proposed
was larger than the maximum 5,000 square foot allowed in a C-1 zone. There was a motion made
to adjourn the hearing as requested which died due to a lack of a second. There were several
citizens in attendance, all of those that spoke were in opposition to the rezoning. On a 5-2 vote
the rezoning request was recommended to be denied.
The Commission has the following options:
1. Approve the recommendation of the Planning Commission (this would be a denial of the
zoning request).
2. Disapprove the recommendation of the Planning Commission with a statement specifying
the basis for disapproval and such recommendation shall be considered in like manner as
that required for the original zoning recommendations returned to the Planning
Commission.
POSSIBLE MOTIONS
I move to accept the recommendation of the Planning Commission to deny a request to rezone a
tract of land from R-1, Large Lot Single-Family Dwelling District to C-1, Neighborhood
Business District at 2313 North Pennsylvania Avenue.
I move to disapprove the recommendation of the Planning Commission to deny a request to
rezone a tract of land from R-1, Large Lot Single-Family Dwelling District to C-1,
Neighborhood Business District at 2313 North Pennsylvania Avenue based on the following
__________________________________________________________________________.
SUPPORTING DOCUMENTS
1. Staff Report
2. Excerpt from the January 5, 2021 Planning Commission Unapproved Minutes
3. Handouts provided by citizens at the Public Hearing
Page 1 of 1
Planning Commission
d. Public hearing to receive comments on a request to rezone a tract of land from
R-1, Large Lot Single-Family Dwelling District to C-1, Neighborhood Business
District at 2313 North Pennsylvania Avenue.
Summary:
The Planning and Zoning Commission received a request from AAB Engineering,
LLC, to rezone a tract of land from R-1, Large Lot Single-Family Dwelling District
to C-1, Neighborhood Business District at 2313 N. Pennsylvania Avenue.
The legal description is: The North Half of Lot 7, Block 1, Highland Park Addition to
the City of Independence, Montgomery County, Kansas, Except Beginning 100 feet
East of the Southwest Corner of the North Half of Lot 7, Thence North 165 feet,
Thence West 100 feet to the Place of Beginning; and Except the West 100 feet of the
North Half of Lot 7.
Description of the Tract:
The area requested to be rezoned is 165 feet wide and 400 feet deep. The lot lies in
the northern portion of the City. There is a detached one and a half story, finished,
single-family residence on the east side of the property. The property is located on
a major street, which is also a highway.
Zoning and Uses of Property Nearby:
The property directly north, south and west is zoned R-1, Large Lot Single-
Family Dwelling District and is utilized primarily for residential purposes with a
church property directly north. The property to the east is Mount Hope Cemetery,
Catholic Cemetery and Lutheran Cemetery. Approximately 550 feet south there
are C-2 zoned properties starting at Mulberry Street.
Character of the Neighborhood: This area is in the northern part of the City and is primarily residential. There are C-2 commercial businesses along North Pennsylvania Avenue 1 ½ block south of the location.
Suitability of the Subject Property for the Uses to which it has been Restricted: The property under consideration is currently zoned R-1, Large Lot Single-Family Dwelling District. The property is suitable for the present residential use classification. Length of Time the Property has Remained vacant as Zoned: The property is not vacant as it currently contains a residential structure. However, we believe the structure has not been occupied since approximately 2014.
Extent to which Removal of Restrictions will Detrimentally affect Nearby Property: Since North Penn is also a highway this area is already a high traffic area. Although the proposed store will generate additional traffic, it is not anticipated to significantly increase the daily traffic counts on North Penn
Avenue. It is anticipated the neighbors to the south would be most affected, as the church property directly to the north is primarily undeveloped which serves as a buffer to the residential structure that is approximately 170 feet north. Relative Gain to the Public Health, Safety and Welfare by the Destruction of the Petitioner’s Property as Compared to the Hardship Imposed upon the Individual Landowners: The property is presently zoned for residential use; therefore, it is not likely that the value of the petitioner's property will be reduced. It is also anticipated that permitting the rezoning as requested would have minimal impact on the public health, safety and welfare. Denial of the proposed rezoning will impact the proposed owner’s use of the property as they would like to enhance their facilities without restrictions included in the R- 1 zone, which would not allow a Commercial Retail Store. Development of such a store in this location would be a gain to the welfare of those in the residential neighborhoods in the north portion of the City, as it would provide the availability of daily necessities closer to their residences. This was a concern previously voiced by residents residing in the northern portion of the City after Braum’s moved from North Penn to West Main. Also, since there is already an established Dollar General Store located on East Main that serves the central and southern portions of the City, this will ensure the local traffic generated by the proposed new location will be primarily those that live in the northern portions of the City. Conformance with the Comprehensive Plan: Commercial Goal – To provide sufficient neighborhood and community- wide shopping facilities efficiently distributed throughout the community and adequate opportunity for commercial expansion. Objective C1 – Encourage the development of business downtown. Policy C11 – The Central Business District (CBD) shall be the primary regional retail center in the City. Policy C12 – The enhancement of the CBD to attract both shoppers and prospective businesses through development and redevelopment efforts of the private and public sectors shall be encouraged. Objective C2 – Provide areas away from downtown for clustered and coordinated commercial development to serve businesses with acreage requirements that cannot be accommodated in downtown. Policy C21 – Planned commercial areas shall be provided for large lot users (i.e., lumber yards, auto and farm implement dealers). These uses shall be clustered along U.S. 75 west of the Missouri-Pacific right-of- way but no further than 1/2 mile west of Peter Pan Road to minimize their impact on surrounding uses and traffic patterns rather than being allowed to form a long commercial strip and be limited to properties having direct vehicular access to the highway.
Objective C3 – Provide neighborhood convenience shopping adjacent to residential areas but discourage “spot commercial” zoning. Policy C31 -- Coordinated neighborhood shopping centers or groups of stores which primarily provide goods and services to local residents only, such as grocery stores, pharmacies and laundromats, shall be allowed in residential areas, but no individual store may exceed 5,000 S.F. in total floor area. Such shopping facilities should be encouraged in the southeast, southwest and Fruitland areas of the community. Policy C32 -- Neighborhood shopping centers should not be larger than 12 acres in area. Policy C33 -- The enhancement of neighborhood shopping centers shall be encouraged to attract both shoppers and prospective businesses through the development and redevelopment efforts of the private and public sectors. Objective C4 – Limit strip commercial development along the major streets to business directly serving the motoring public. Policy C41 -- Strip commercial development, single commercial uses stringing out along a street, shall be limited to those uses directly serving the motoring public such as motels, service stations and fast-food restaurants. Policy C42 -- Strip commercial development shall be limited to major highway entrances to the City and shall be permitted only limited access to Major streets via frontage roads. Generally, commercial use shall be confined to the west side of Pennsylvania between Oak and Mulberry, west on U. S. 75 as far as 1/2 mile west of Peter Pan Road. Policy C43 -- The Zoning Ordinance should be updated to limit the types of businesses located on the highways outside of the Central Business District. The uses in the C-1 district provide commercial locations for small areas of convenience shopping facilities in and near residential neighborhoods. Such convenience shopping facilities will often occupy a small area, frequently at an intersection or on a major street, in an area that is otherwise wholly residential. The City's Comprehensive Plan indicates that residential areas are compatible with neighborhood commercial developments, and commercial developments on North Penn are addressed to infill the commercial strip opposite the cemetery (pages 66 and 83, of the 1982 Comprehensive Plan): “The convenience shopping facilities consist of a small commercial center. It should contain adequate parking areas and is usually patronized by two or more neighborhoods no further than one mi1e from the furthest home. These small commercial centers would not draw any
substantial business from downtown, but rather only provide daily
necessities. Their uses could include a grocery store, a dry-cleaners, a
pharmacy, and a service station.”
“Commercial development along Pennsylvania is shown as being limited
to infilling of the commercial strip opposite the cemetery. A small
neighborhood shopping center site is shown at 10th and Spruce and
Taylor and 21st Streets.”
While the 1982 General Development Plan map shows the specific area for
this development as residential, the majority of the area on North Penn
opposite the cemetery is shown as commercial.
The Comprehensive Plan recognizes the fact that all businesses will not be
accommodated by the central business district and indicates that the
Commercial Goal is to provide sufficient neighborhood and community
wide shopping facilities efficiently distributed throughout the City and
adequate opportunity for commercial expansion. (Table 5-1, page 68 of the
1982 Comprehensive Plan).
Staff Analysis
Rezoning this lot to C-1 would fit the character of the neighborhood as properties on the
north, south and west are zoned R-1 where a C-1 Neighborhood Business would be
allowed. The intended continued use of the property by the applicant for a retail store does
match the intent of the C-1 Neighborhood Business district. The proposed store would retail daily necessities, which would consist of primarily grocery and apparel type merchandise. The permitted and conditional use table permits both of these uses in a C-1 zone: However, the size of the store proposed is 130’ X 70, or 9,100 square feet which exceeds the use limitations for the C-1 zone in Section 509.8.a. which states; “No separate business establishment shall occupy more than 5,000 square feet of floor space. Each separate business establishment shall operate independently from adjacent business establishments.” This is consistent with the Comprehensive Plan which states in Policy C31, “Coordinated neighborhood shopping centers or groups of stores which primarily provide goods and services to local residents only, such as grocery stores, pharmacies and laundromats, shall be allowed in residential areas, but no individual store may exceed 5,000 S.F. in total floor area.” In speaking with the applicant, I advised them that if the C-1 zoning was approved it would require a variance from the 5,000 square feet use limitation in Section 509.8.a. The applicant advised that they may wish to pursue a P.U.D. designation along with the C-1 zoning, which would include the requirements of the C-1 district, with the exception of the square footage limitation. The P.U.D. process requires a preliminary and final plat, which could be reviewed and approved at the same meeting. If this option is taken, then the hearing for the P.U.D. could not be held sooner than the February 2, 2021 Planning Commission meeting, if the information is received in time to meet the publication requirements for that meeting. Another option would be for the applicant to request rezoning to C-2, commercial services district. This zone is already located on North Penn approximately 1 ½ blocks or 550 feet south of the tract requested for rezoning. Section 510.1 describes the intent as; “District C- 2 is intended primarily for general trades and commercial services located at specific points on major thoroughfares outside of central or neighborhood business districts. This district is particularly appropriate adjoining a major highway. Such an area draws highway trade uses such as restaurants, service stations, and motels which are not totally compatible with shopping center developments but which may be grouped together quite advantageously as highway service centers.” Staff’s concern with this option is since it is not directly adjoining an existing C-2 district, it would be a spot zone within an area primarily zoned residential with less restrictions than a C-1 district. Staff is further concerned this could open the door for additional uses in the future that may not be compatible with the nearby residential properties.
The Planning Commission has the following options:
1. Approve the rezoning to C-1 and include restrictions that require meeting the C-1
district regulations, which would require complying with the C-1 district
regulations, unless variances are granted or a P.U.D. is approved modifying such
district regulations.
2. Adjourn the public hearing to allow the applicant time to apply for a variance or
P.U.D. so that all matters could be considered at the same meeting.
3. Deny the request. If the Commission accepted this recommendation and the
applicant wished to proceed with this project, this would require the applicant to
restart the zoning process over.
Suggested Motion to approve with restrictions:
I move to recommend approving a request to rezone tracts of land located at 2313 North.
Pennsylvania Avenue from R-1, Large Lot Single-Family Dwelling District to C-1,
Neighborhood Business District with the following restrictions which shall be binding on
all future owners, assigns or heirs:
1. The applicant will obtain all necessary City of Independence and State of Kansas
licenses and/or permits to operate the uses proposed.
2. All parking, entrance and exit drives must be designed to minimize traffic
congestion on public streets.
3. Any additional exterior lighting on site will be designed in such a way that it will
not be directed toward or create a nuisance to any adjoining properties. Such
lighting will need to be approved by the Zoning Administrator.
4. To limit noise that could affect adjoining areas there shall be no outside audio or
paging equipment that exceeds a volume level that can be heard at any of the
adjoining residential dwellings under separate ownership other than the auto
dealership and service center properties.
5. The location of solid waste equipment shall be designed by the company and will
need to be approved by City staff. All solid waste shall be kept in containers which
shall be screened from adjoining properties.
6. Any off-street parking areas will meet the minimum off street parking requirements;
shall be maintained in appearance and shall be used solely for parking of the
customers and employees of the business. Such parking area may not be used for
storage of vehicles, equipment or merchandise.
7. A drainage plan designed to adequately handle a 10 year or greater storm event
must be submitted by an engineer licensed in the State of Kansas to ensure that any
increased runoff will be dealt with in such a way so as not to negatively impact
nearby or downstream properties.
8. All property lines must be established by a surveyor licensed in the State of Kansas.
9. A detailed site plan shall be submitted to and approved by City staff prior to any
such work commencing.
10. All improvements will be maintained and kept in serviceable condition; and the
property must be kept free of debris and trash.
11. The applicant will comply with the C-1 district regulations, unless variances are
granted or a P.U.D. is approved modifying such district regulations.Suggested Motion to adjourn: I move to adjourn the public hearing to Tuesday, February 2, 2020 at 5:30 PM for a request to rezone a tract of land located at 2313 North. Pennsylvania Avenue from R-1, Large Lot Single-Family Dwelling District to C-1, Neighborhood Business District. Suggested Motion to deny: I move to deny a request to rezone a tract of land located at 2313 North. Pennsylvania Avenue from R-1, Large Lot Single-Family Dwelling District to C-1, Neighborhood Business District.
City of Independence, Kansas
NOTICE TO THE PUBLIC
The Independence, Kansas, Planning Commission will conduct a public hearing on:
Tuesday, January 5, 2021, at 5:30 p.m.
to receive comments on a request to rezone a tract of land from R-1, Large Lot Single-Family
Dwelling District to C-1, Neighborhood Business District.
The hearing pertains to the following location:
Legal Description:
THE NORTH HALF OF LOT 7, BLOCK 1, HIGHLAND PARK ADDITION TO THE CITY
OF INDEPENDENCE, MONTGOMERY COUNTY, KANSAS, EXCEPT BEGINNING 100
FEET EAST OF THE SOUTHWEST CORNER OF THE NORTH HALF OF LOT 7, THENCE
NORTH 165 FEET, THENCE EAST 100 FEET, THENCE SOUTH 165 FEET, THENCE
WEST 100 FEET TO THE PLACE OF BEGINNING; AND EXCEPT THE WEST 100 FEET
OF THE NORTH HALF OF LOT 7.
Common Address:
2313 North Pennsylvania Avenue
Applicant(s):
William J. Reynolds, Jack L Reynolds, Richard A. Reynolds, Loretta M. Reynolds, and Joseph
L. Reynolds, Owners
AAB Engineering, LLC, Applicant
Case Number:
2021/ZA/01
The hearings will be conducted in the Civic Center, Memorial Hall, Penn/Locust,
Independence, Kansas, and will begin at 5:30 p.m. Alternatively, remote participation is
available through Teams by calling: 1-785-289-4727 Conference ID: 652 632 373#
All interested persons should attend, and they will be heard. Persons wishing to comment, but
who cannot attend these hearings, should provide their written comments to:
Kelly Passauer, Zoning Administrator
811 W. Laurel Street
Independence, KS 67301
(620) 332-2506
Information regarding these applications is available in the Zoning Administrator’s office. If
special accommodation is required, please inform the Zoning Administrator.
Kelly Passauer, Zoning Administrator
Page 1 of 2200’ Notification Area
Page 2 of 2Independence, KS LEGAL DESCRIPTION: Tract 1: THE NORTH HALF OF LOT 7, BLOCK 1, HIGHLAND PARK ADDITION TO THE CITY OF INDEPENDENCE, MONTGOMERY COUNTY, KANSAS, EXCEPT BEGINNING 100 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTH HALF OF LOT 7, THENCE NORTH 165 FEET, THENCE EAST 100 FEET, THENCE SOUTH 165 FEET, THENCE WEST 100 FEET TO THE PLACE OF BEGINNING; AND EXCEPT THE WEST 100 FEET OF THE NORTH HALF OF LOT 7.
REVISIONS
OWNER/DEVELOPER Detailed Site Plan
for
DG Independence
INDEPENDENCE XXXXX, LLC
P.O. BOX 35366
TULSA, OK 74135 SURVEYOR
N PHONE: 918.749.1880
ATTN: MIKE MANTLE
AAB ENGINEERING, LLC HWY 75
ENGINEER P.O. BOX 2136
SAND SPRINGS, OK 74063
SITE LOCATION
PHONE: 918.514.4283
AAB ENGINEERING, LLC FAX: 918.514.4288
P.O. BOX 2136
SAND SPRINGS, OK 74063
0 15 30 60
PHONE: 918.514.4283
FAX: 918.514.4288
DRAWING SCALE: 1"= 30'
SURVEY LEGEND
OT
SS
OE
SANITARY SEWER SERVICE
UG
SS
OT
WL WATERLINE SERVICE
UE UNDERGROUND ELECTRIC SERVICE
UG GAS SERVICE
UC UNDERGROUND COMMUNICATIONS SERVICE
OE OVERHEAD ELECTRIC SERVICE
EXISTING FENCE
MINOR CONTOUR DOLLAR GENERAL BROKEN ARROW
OT
SS
OE
MAJOR CONTOUR EXISTING ZONING: R1
FH
UG
FIRE HYDRANT PROPOSED ZONING: C-1
OT
PP
POWER POLE EXISTING USE: VACANT
WM
W WATER METER PROPOSED USE: DOLLAR GENERAL
GM
G GAS METER 18'X18' CONCRETE PAD R=15'
LP N89°01'04"E CONSTRUCTION START: APRIL 2021
LIGHT POLE FOR DUMPSTER AREA CONSTRUCTION END: AUGUST 2021
EM
ELECTRIC METER 390.74'
4.11'
IPF
IPS
FOUND MONUMENT
SET MONUMENT
R=45' LANDSCAPE AREA SUMMARY
21.12'
CP
CONTROL POINT LANDSCAPE AREA (TOTAL LOT AREA: 64,544 SF)
OT
PROPOSED: 32,803 SF
40.00'
SSMH SANITARY SEWER MANHOLE
40.00'
DUMPSTER ENCLOSURE
FRONTAGE YARD SUMMARY
HWY 75
SSLH SANITARY SEWER LAMPHOLE
BOLLARD
SSCO SANITARY SEWER CLENAOUT
9.00' WEST SIDE OF PROPERTY LINE TREE REQUIREMENT (1/20 LF): 3 TREES
SDMH STORM SEWER MANHOLE R=10' R=45'
TYP SOUTH SIDE OF PROPERTY LINE TREE REQUIREMENT (1/50 LF): 8 TREES
45.00'
TRANS
TRANSFORMER
ICV 16'X16' MINIMUM NORTH SIDE OF PROPERTY LINE TREE REQUIREMENT (1/50 LF): 6 TREES
IRRIGATION CONTROL VALVE 18.00'
CONCRETE PAD FOR R=15'
20.00'
TD
DS
DOWNSPOUT
DELIVERY AREA 11 SHEET LEGEND
DECIDUOUS TREE (SIZE AS NOTED)
OT
5.00'
BUSH 0 PARKING COUNT
BUSH
S01°51'41"E
154.44' 10.00'
165.06'
PVC PVC PIPE 130'
N01°41'50"W
20.00' R=5' TRASH ENCLOSURE PAD PAVEMENT
165.15'
STREET SIGN
BOLLARDS CONCRETE SIDEWALK
AIR CONDITIONER PAD 20.00'
T ELECTRIC TRANSFORMER DOLLAR GENERAL HVAC STANDARD DUTY CONCRETE PAVEMENT
UNITS ON ROOF
15' U/E
70'
1% CHANCE FLOODPLAIN(100 YEAR) 9
HEAVY DUTY CONCRETE PAVEMENT
OT
9.00'
TYP
CONCRETE PAVEMENT
IRRIGATED SODDED AREA
9.00'
TYP
ASPHALT PAVEMENT 8
GRAVEL NON-IRRIGATED SEEDED AREA
R=5'
5.00'
154.64'
RIP RAP 10.00' 45.00' 10.00'
15' U/E
23.04'
A/C AIR CONDITIONER UNIT/PAD LOBLOLLY PINE ( 2" CALIPER MIN, 7' HEIGHT)
12.11'
6.63'
5.91'
4GAI 4-GRATE AREA INLET OT OT
SS OT SS OT
SS
UG
(PINUS TAEDA)
OT UG R=5'
SS
UG UG
AMH ACCESS MANHOLE UG OE
98.64'
OT
OE UG
UG OE
219.43' ENGLISH DWARF BOXWOOD SHRUB (5 GALLON MIN.)
UG
OE OE
B/L BUILDING SETBACK LINE 73.15' S88°59'26"W
S89°02'26"W (BUXUS SEMPERVIRENS 'SUFFRUTICOSA')
B/W BARBED WIRE FENCE N88°59'37"E
OE
BM
POB
BENCHMARK
POINT OF BEGINNING
LEGAL DESCRIPTION
CONC. CONCRETE THE WEST 100 FEET OF THE NORTH HALF OF LOT 7, BLOCK 1, HIGHLAND PARK
CURB ADDITION TO THE CITY OF INDEPENDENCE, MONTGOMERY COUNTY, KANSAS
OE
OE
CPED CABLE/TV PEDESTAL 4" GALVANIZED
STEEL POST AND BEGINNING 100 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTH
EG EXISTING GROUND HALF OF LOT 7, BLOCK 1, HIGHLAND PARK ADDITION TO THE CITY OF
EPED ELECTRIC PEDESTAL 1x6 CEDAR PICKETS WELDED METAL SUPPORT FRAME
SEE PLAN FOR (1" MINIMUM SQUARE TUBING)
INDEPENDENCE, MONTGOMERY COUNTY, KANSAS, THENCE NORTH 165 FEET,
F/E FENCE EASEMENT MINIMUM DIMENSION 4" GLAVANIZED THENCE EAST 100 FEET, THENCE SOUTH 165 FEET, THENCE WEST 100 FEET
FL FLOWLINE STEEL POST TO THE PLACE OF BEGINNING
FP FLAG POLE
IMPERVIOUS CALCULATIONS:
12'-0"
FLT THROAT FLOWLINE 3 HEAVY DUTY METAL
18'-0" 2X4 SWING HINGES (TYP.)
GLT GROUND LIGHT TOTAL AREA: 64,454SF
GRSR GAS RISER
GUY DOWN GUY 1'-0" EXISTING IMPERVIOUS AREA: 420 SF
4" GALVANIZED STEEL POST
GV GAS VALVE PROPOSED IMPERVIOUS AREA: 34,282 SF
HIGH DENSITY POLYETHYLENE CURB
HDPE
TOTAL IMPERVIOUS INCREASE: 33,862 SF
1'-0"
HDRL HANDRAIL 2X4 CROSS MEMBER
1X6
LNA LIMITS OF NO ACCESS FRONT TOP VIEW 2X4
MB MAILBOX
OE OVERHEAD ELECTRIC SINGLE-SIDED 8'-0" MAX. POST SPACING 4" GALVANIZED CEDAR PICKETS
TD TREE DECIDUOUS STEEL POST
TP TOP OF PAVEMENT 4" GALVANIZED
STEEL POST
HWY HIGHWAY
6"-7"
C/L CENTER LINE 1X6 1X6
IPF IRON PIN FOUND
2X4 2X4
IPF W/ CAP IRON PIN FOUND WITH CAP (AS INDICATED) 4" GALVANIZED
72"
STEEL POST
PKF PK NAIL FOUND
DATE:
2"-3" DIRT
BACKFILL
PKS PK NAIL SET
AAB Engineering, LLC
SPACE
05-06-2020
1"-2"
IPSW/CAP IRON PIN SET W/ CAP STAMPED 6318
DRAWING TITLE
CMP CORRUGATED METAL PIPE
RCP REINFORCED CONCRETE PIPE REAR VIEW
SITE PLAN
NOTE: DRAWN BY - CHECKED BY
1. WOOD TO BE TREATED PINE. USE GALVANIZED NAILS
36"
FOR FASTENING.
2. NUMBER OF BOARDS WILL VARY DEPENDING ON SPACE SHEET NO.
FRONT VIEW
BENCHMARK BETWEEN BOARDS AND ACTUAL WIDTH OF BOARDS.
C1
3. ACCESS GATES SHALL BE OPAQUE AND CONSTRUCTED
9/32" IN A METHOD SIMILAR TO THE SCREENING FENCE. ALL
SET "X" CUT ON NORTH RIM MANHOLE GRATES SHALL BE STEEL FRAME. Engineering Surveying Land Planning
ELEV.833.64 (NAVD 88) PO Box 2136 Sand Springs, OK 74063
Dumpster Enclosure Detail OK CA#6318 Exp: June 30, 2020
B Scale: None
KS CA#2292 Exp: Dec. 31, 2020
KS LS-320 Exp: Dec. 31, 2020
Office: (918) 514-4283 Fax: (918) 514-4288
© 2017 Selser Schaefer Architects, Inc.REVISIONS
Detailed Landscape Plan
for
DG Independence
DOLLAR GENERAL BROKEN ARROW
N EXISTING ZONING:
PROPOSED ZONING:
EXISTING USE:
R1
C-1
VACANT
PROPOSED USE: DOLLAR GENERAL
CONSTRUCTION START: APRIL 2021
CONSTRUCTION END: AUGUST 2021
LANDSCAPE AREA SUMMARY
0 15 30 60 LANDSCAPE AREA (TOTAL LOT AREA: 64,544 SF)
PROPOSED: 32,803 SF
DRAWING SCALE: 1"= 30'
FRONTAGE YARD SUMMARY
WEST SIDE OF PROPERTY LINE TREE REQUIREMENT (1/20 LF): 3 TREES
OT
SS
SOUTH SIDE OF PROPERTY LINE TREE REQUIREMENT (1/50 LF): 8 TREES
OE
NORTH SIDE OF PROPERTY LINE TREE REQUIREMENT (1/50 LF): 6 TREES
UG
OT
SHEET LEGEND
0 PARKING COUNT
TRASH ENCLOSURE PAD PAVEMENT
OT
CONCRETE SIDEWALK
SS
OE
UG
OT
STANDARD DUTY CONCRETE PAVEMENT
HEAVY DUTY CONCRETE PAVEMENT
N89°01'04"E
390.74' IRRIGATED SODDED AREA
NON-IRRIGATED SEEDED AREA
OT
HWY 75
LOBLOLLY PINE ( 2" CALIPER MIN, 7' HEIGHT)
(PINUS TAEDA)
948 LF OF 6' WOOD SCREEN ENGLISH DWARF BOXWOOD SHRUB (5 GALLON MIN.)
FENCE (RE: DETATIL A) (BUXUS SEMPERVIRENS 'SUFFRUTICOSA')
11
LEGAL DESCRIPTION
OT
THE WEST 100 FEET OF THE NORTH HALF OF LOT 7, BLOCK 1, HIGHLAND PARK
S01°51'41"E
165.06'
ADDITION TO THE CITY OF INDEPENDENCE, MONTGOMERY COUNTY, KANSAS
N01°41'50"W
165.15'
AND BEGINNING 100 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTH
HALF OF LOT 7, BLOCK 1, HIGHLAND PARK ADDITION TO THE CITY OF
INDEPENDENCE, MONTGOMERY COUNTY, KANSAS, THENCE NORTH 165 FEET,
THENCE EAST 100 FEET, THENCE SOUTH 165 FEET, THENCE WEST 100 FEET
TO THE PLACE OF BEGINNING
15' U/E
9 IMPERVIOUS CALCULATIONS:
OT
TOTAL AREA: 64,454SF
8 EXISTING IMPERVIOUS AREA: 420 SF
PROPOSED IMPERVIOUS AREA: 34,282 SF
TOTAL IMPERVIOUS INCREASE: 33,862 SF
15' U/E
OT SS OT
SS
OT OT
SS
UG
OT UG
SS
UG UG
UG OE
98.64'
OT
OE UG
UG OE
219.43'
UG
OE OE
73.15' S88°59'26"W
S89°02'26"W
N88°59'37"E
OE
COVER ENTIRE FENCE W/BEHR DECK PLUS
DP 359 OXFORD BROWN (2 COATS MINIMUM).
OE
OE
TOP AND BOTTOM OF FENCE ALSO TO BE TOP VIEW
SEALED.
8'-0" MAX. POST SPACING
PICKETS (ROUGH SAWN)
1x6 DOG EARED CEDAR
FINISHED GRADE
GALV. NAILS (TYP)
2x4 PRESSURE
TREATED NAILERS
96"
4x4 CCA TREATED POST
RAISED CONCRETE TO
SPACE
1"-2"
AVOID PONDING (TYP)
2"-3" DIRT
BACKFILL
36"
9/32"
SIDE VIEW FRONT VIEW
Wood Screening Fence Detail
A Scale: None
DATE:
AAB Engineering, LLC 05-06-2020
DRAWING TITLE
LANDSCAPE PLAN
DRAWN BY - CHECKED BY
SHEET NO.
BENCHMARK
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C2© 2017 Selser Schaefer Architects, Inc.Excerpt from the Unapproved January 5, 2021 Planning Commission Minutes
Public hearing to receive comments on a request to rezone a tract of land from R-1, Large
Lot Single-Family Dwelling District to C-1, Neighborhood Business District at 2313 North
Pennsylvania Avenue.
Acting Chair Mary Jo Meier opened the public hearing.
Alan Betchan of AAB Engineering represented the applicant and stated that he was asking for a
continuance to the next meeting to develop plans to meet all requirements. He stated that would
give them more time to make modifications and to reach out to the neighbors as a whole. He
asked that this item be tabled so that they can deal with all issues at once.
Lisa Richard asked if the request was to increase the size of the building. Alan Betchan stated
that the maximum is 5,000 feet and we’re asking to get a variance for the additional 4,100 square
feet. He further stated that they could request a C-2 zoning but that would not be beneficial to the
neighborhood. Lisa Richard asked where the 9,100 square feet was coming from. Alan Betchan
stated that they are allowed to make modifications that make it more fitting to the property it is
on, which is why they would like to pursue a P.U.D. at a future meeting. Lisa Richard asked if
they have to comply with the requirements with the district if you get a P.U.D. Kelly Passauer
replied that the P.U.D. could modify the building size limitation if approved after the zoning
request is approved, but it would still be in a C-1 district. Lisa Richard asked where that was in
the code. Kelly Passauer stated that when you do a P.U.D. you can modify the requirements
specifically to the P.U.D. There would be restrictions in the P.U.D. A P.U.D. can be commercial
or residential.
Mary Jo Meier moved to adjourn the hearing as requested, which died due to a lack of a second.
Kendall Neill suggested that we hear from the public that were in attendance.
Kurt Seiler, 300 Crestview Dr. – My family and I lived in Neodesha right next to a Dollar
General. There was trash and increased foot traffic by our house. We moved to
Independence to a house away from the commercial district. The impression everyone
has is of a beautiful cemetery. Now if Dollar General comes in that is the impression
people would have, trash and increased traffic. The cons insurmountably outweigh the
pros.
John Heckman, 2620 N Penn Ave – My wife and I were born and raised in Independence
and one of the main things is the character of the neighborhood in the R-1 district. In the
comprehensive plan it clearly states that businesses should be on the west side. There is a
Dollar General appropriately located on E Main already. The intent of nearly doubling
the size will not fit in this neighborhood. This store is more of a variety store. Putting the
store here would be spot zoning and we don’t want that. There will be three lanes coming
in and it would cause traffic hazards. Drainage will be an issue and will need a lot of
work. The site now is dark, with a few lights on in houses. In a Dollar General the lights
will be harsh and cause a problem. I believe the request should be denied as it doesn’t
comply with the Comprehensive plan, it is larger than allowed and if they go to C-2 that
will cause spot zoning. A P.U.D. will bend the rules to allow a building twice the size it
should be. (See attached for full report.)
1Excerpt from the Unapproved January 5, 2021 Planning Commission Minutes
Stacy Boyer, 2405 N Penn – My house is directly north, and the lights will bother us
24/7. We moved here to be in a residential area where we could raise our kids. We have
spent thousands of dollars making a nice home for ourselves. There should not be any
commercial business put into our neighborhood. There will be serious drainage issues.
When Dollar General moves into a place they eventually just leave the building empty.
Traffic is a major concern, both foot and vehicular. We already have a lot of trash to pick
up because of the highway. I am concerned about shoplifters running through our yards.
Fencing will not hinder drug use in the parking lot. Dollar Generals are usually unkempt,
dirty and an eyesore. They only employ 6 to 7 people which would not increase
employment in the community. Employees are not treated well and are overworked and
underpaid. These should all be considered. These corporations do not care about
communities. Adding another building will only add stress to the neighborhood. (See
attached for full report.)
Nancy Clubine, 2501 N Penn – I inherited my home after growing up in it. Taylor Rd
was just like a cow path and there were few homes around. Over the years many nice
homes have been built and we would like to keep it residential. Has a plan been approved
by KDOT for entering and leaving the highway? The applicant’s representative Alan
Betchan -- We can’t get that until we have everything else lined up. There is a whole
process, but zoning has to be in place.
Brad Boyer, 2405 N Penn – I moved in back in 1996 when Dillon’s came in. We had 6
food stores and then everybody left town and the businesses closed down. We’re lucky to
have G & W Foods and Walmart. We are doing well but could be doing a lot better.
Bringing in another store will make that worse. Along with what my wife stated, the
shoplifters are out there and there are a lot of them. Putting in a store in a residential
neighborhood would cause them problems. At G & W Foods, we serve healthier meals
than Dollar General offers. We have fresh food whereas Dollar General does not.
Gary Janzen, 2136 N 8th – we moved to Independence a little over three years ago to our
forever home. We chose nice neighborhoods where kids are safe. Where we lived in
Oklahoma there was a neighborhood Walmart and the housing prices plummeted.
Businesses need to be in commercial areas not residential areas.
Father Zachary Pinaire, 210 N 4th – I received a notice because this will affect the
Catholic cemetery. I would not want a general store across from my church or rectory. In
a similar state, a cemetery is a place of rest and peace. The point where this Dollar
General Store wants to go in is literally 5 minutes from the existing Dollar General Store.
Tony Royse asked if they could make it bigger after the requested rezoning was approved. Kelly
Passauer stated that they would not be able to do that if the maximum size was restricted when it
is approved. They would have to come back with a variance or PUD to modify the allowed size.
Tony stated that we have had seven (7) citizens come forward and twenty (20) other people here
that do not want the rezoning.
2Excerpt from the Unapproved January 5, 2021 Planning Commission Minutes
Kelly Passauer went through the following options which were displayed on the slideshow being
presented:
Option 1: Approve the rezoning to C-1 and include restrictions that require meeting the
C-1 district regulations, which would require complying with the C-1 district regulations,
unless variances are granted or a P.U.D. is approved modifying such district regulations.
Suggested Motion to approve with restrictions:
I move to recommend approving a request to rezone tracts of land located at 2313
North. Pennsylvania Avenue from R-1, Large Lot Single-Family Dwelling District to
C-1, Neighborhood Business District with the following restrictions which shall be
binding on all future owners, assigns or heirs:
1. The applicant will obtain all necessary City of Independence and State of Kansas
licenses and/or permits to operate the uses proposed.
2. All parking, entrance and exit drives must be designed to minimize traffic
congestion on public streets.
3. Any additional exterior lighting on site will be designed in such a way that it will
not be directed toward or create a nuisance to any adjoining properties. Such
lighting will need to be approved by the Zoning Administrator.
4. To limit noise that could affect adjoining areas there shall be no outside audio or
paging equipment that exceeds a volume level that can be heard at any of the
adjoining residential dwellings under separate ownership other than the auto
dealership and service center properties.
5. The location of solid waste equipment shall be designed by the company and will
need to be approved by City staff. All solid waste shall be kept in containers
which shall be screened from adjoining properties.
6. Any off-street parking areas will meet the minimum off street parking
requirements; shall be maintained in appearance and shall be used solely for
parking of the customers and employees of the business. Such parking area may
not be used for storage of vehicles, equipment or merchandise.
7. A drainage plan designed to adequately handle a 10 year or greater storm event
must be submitted by an engineer licensed in the State of Kansas to ensure that
any increased runoff will be dealt with in such a way so as not to negatively
impact nearby or downstream properties.
8. All property lines must be established by a surveyor licensed in the State of
Kansas.
9. A detailed site plan shall be submitted to and approved by City staff prior to any
such work commencing.
10. All improvements will be maintained and kept in serviceable condition; and the
property must be kept free of debris and trash.
11. The applicant will comply with the C-1 district regulations, unless variances are
granted or a P.U.D. is approved modifying such district regulations.
3Excerpt from the Unapproved January 5, 2021 Planning Commission Minutes
This motion is based on the following findings: Conformance with the
Comprehensive Plan, Character of the Neighborhood, Zoning and uses of properties
nearby, Availability and adequacy of required utilities and services to serve the
proposed use, and staff recommendation.
Option 2: Adjourn the public hearing to allow the applicant time to apply for a variance
or P.U.D. so that all matters could be considered at the same meeting.
Suggested Motion to adjourn:
I move to adjourn the public hearing to Tuesday, February 2, 2020 at 5:30 PM for a
request to rezone a tract of land located at 2313 North. Pennsylvania Avenue from R-
1, Large Lot Single-Family Dwelling District to C-1, Neighborhood Business
District.
Option 3: Deny the request. If the Commission accepted this recommendation and the
applicant wished to proceed with this project, this would require the applicant to restart
the zoning process over.
Suggested Motion to deny:
I move to recommend denying a request to rezone a tract of land located at 2313
North Pennsylvania Avenue from R-1, Large Lot Single-Family Dwelling District
to C-1, Neighborhood Business District. This motion is based on the following
findings: Conformance with the Comprehensive Plan, Character of the
Neighborhood, Zoning and uses of properties nearby, Availability and adequacy
of required utilities and services to serve the proposed use, and staff
recommendation.
Tony Royse moved to deny a request to rezone a tract of land located at 2313 North.
Pennsylvania Avenue from R-1, Large Lot Single-Family Dwelling District to C-1,
Neighborhood Business District. Kendall Neill seconded. Lisa Richard and Michelle Anderson
dissented. Motion carried 5-2.
4PUBLIC HEARING COMMENTS
5 January 2021
John E. Heckman, AIA
Request to rezone 2313 N. Pennsylvania Avenue from R- 1 to C- 1 to allow construction of a
Dollar General Retail Store
Personal Background
My wife and I have lived approximately 1, 250 feet north of the property at 2620 N. Penn. Ave. in
a single family residence on a little less than a one acre lot for about 18 years.
We were both born and raised in Independence and I have been an architect for over 42 years.
1 am quite familiar with the Independence Zoning Code and the Comprehensive Plan as I have
represented my clients through the years in working with City Staff and the Planning
Commission/ Board of Appeals.
Character of Neighborhood
The property is located in the of R- 1,
middle an
Large Lot Single Family Dwelling District that
begins at the north city limits and continues to the south another 550 feet before the first C- 2
zoned property is located; just south of Mulberry Street. This is the location of the Social
Security Office which, while being a commercial building, fits very nicely into the residential
neighborhood with its shingled roof and brick veneer exterior. From Mulberry Street to the south,
the commercial development is clustered together, as is typical with C- 2, Commercial Services
District. The Comprehensive Plan clearly states that commercial use shall be confined to the
west side of Pennsylvania Avenue between Oak and Mulberry Street.
R- 1,
Large Lot Single Family Dwelling Districts are often located close to the city limits and
provide a very attractive transition from the agricultural land outside of the city limits as travelers
move into a city along with allowing for a nice transition from residential to commercial. In the
case of Independence, we have this transition from the north,
south and west. The only
exception is the entrance to the city from the east, where the current Dollar General is
appropriately located.
General Issues with Rezoning Property to C- 1, Neighborhood Business District
The City Analysis of the request to rezone the property from R- 1 to C- 1 states that the proposed
retail store would provide retail daily necessities consisting primarily of grocery and apparel type
merchandise. The Land Use Categories proposed by the city are 5410 Groceries — retail and
5610 Apparel and accessories — retail. Both of these Land Use Categories are permitted in a C-
1 District but are limited in size to 5, 000 square feet of floor space. The proposed building
contains 9, 100 square feet of floor space, which is much too large to be considered a
neighborhood business.
I believe that the correct Land Use Category should actually be 5330 Discount variety store —
retail, which is not permitted in a C- 1 District. The local Dollar General Store provides very
limited apparel and the grocery area does not include fresh produce or fresh meat.
While all of these Land Use Categories are allowed in a C- 2, Commercial Services District,
allowing a zoning change from R- 1 to C- 2 in the middle of a residential district and not adjoining
an existing C- 2 District, would be allowing " spot zoning" to occur with less restrictions than a C- 1
District.
1Specific Issues with Rezoning Property to C- 1, Neighborhood Business District
Traffic — With the development of a 9, 100 square foot retail facility and a 28 stall parking lot,
traffic dangerous of Pennsylvania Avenue will be increased. The
along an already portion
proposed three- lane curb cut entrance to the parking lot is located where the four lane portion of
Pennsylvania Avenue narrows down to two lanes on Highway 75. Vehicles entering and exiting
this new curb cut will increase confusion to the thru- traffic vehicles both heading north and
south. Traffic coming into town from the north is usually still slowing down form the highway and
traffic heading north out of town is usually in the process of speeding up. Anyone who has
attempted to merge onto Pennsylvania Avenue from Taylor Road is aware of the amount of
traffic that currently exists.
Drainage — The proposed site plan states that the existing impervious area is only 420 SF with
a proposed impervious area increase of 33, 862 SF. The total proposed impervious area of the
site development is 34, 282 SF. With a stated total site area of 64, 454 SF, the proposed
impervious area covers over 53% of the property. The site also contains an existing surface
drainage way that bisects the northwest corner of the site and carries surface drainage from
Pennsylvania Avenue to the west. Development of the property to this level will greatly impact
the single family residences to the west and require an extensive drainage plan with a large
detention area.
Lighting — Placing a commercial building and parking lot in the middle of an existing residential
district will drastically increase the exterior lighting level of the neighborhood and create a
nuisance to adjoining residential properties. Dollar General Store sites are particularly bright as
they typically light the parking lot from building mounted area lights that are aimed out from the
building to the parking areas and spill- over onto the adjacent properties. The proposed 8' high
privacy fence may help control vehicle lights but will do nothing to keep the exterior lighting from
shining on the adjacent property owners to the south and particularly with regards to the two-
story residence located directly north of the property.
Conclusions
As I stated earlier, I have represented many clients through the years with various zoning
issues. If Dollar General was my client and had come to me for my opinion on the use of this
site, I would have told them that this property is not a good location for their project and to look
for another site.
The Dollar General store in Independence has been located in numerous locations, beginning at
the edge of the Central Business District 6th Streets. Then moving out on West Main
at Main &
and finally their current location on the east edge of town on East Main. All of the past locations
have resulted in empty buildings that are now a liability.
The request to rezone the property at 2313 N. Pennsylvania Avenue from R- 1 to C- 1
should be denied for the following reasons:
1. It does not comply with the Comprehensive Plan that states commercial use shall be
confined to the west side of Pennsylvania Avenue between Oak and Mulberry Street.
2. C- 1 District states that no separate business shall occupy more than 5, 000 square feet
of floor space. The proposed building contains 9, 100 square feet of floor space, which is
much too large to be considered a neighborhood business.
3. If property were to be rezoned to C- 2 in the middle of a residential, district while not
adjoining an existing C- 2 District, it would be allowing " spot zoning" to occur with less
restrictions than a C- 1 District.
2Good Evening Neighbors—
Let me take a minute to introduce myself, my name is Stacy Boyer, I am the assistant plant manager at Cobalt Boats in
Neodesha, my husband Brad is the manager of the local G& W Foods here in town. I have lived in Independence, Kansas
most of my life and Brad and i have resided at 2405 N Penn for the past 16 years.
When I purchased my home back in 2004, one of the driving factors, like most of you that reside in this area, was
because it was in a neighborhood, not cluttered by industry, or businesses. A quiet area for us to raise our children, and
where they could safely go outside to play. People have purchased, remodeled, or even built homes in this area because
it is a neighborhood. We have spent thousands and in some cases hundreds of thousands of dollars in hopes of these
homes being our forever homes, a safe place to reside and raise our families.
I for many reasons, most of which have been already discussed here this evening, oppose any commercial development
of the land on the north end of town. However, I would like to take a minute and touch on a few of these reasons again.
1. This area is and should be kept a residential neighborhood where we can raise our families.
2. Potential drainage issues that this area already has. This problem has needed addressed for years, and while
this will not affect me as much it will absolutely affect the homes west of my location on 81h, 10th, Linden Drive
and beyond it is a real concern. There is a creek that runs through the proposed developed property that will
need to be redirected. Especially given that it already floods during heavy rainstorms. The addition of large
slabs of concrete will redirect this water in another direction. I hope and pray that it will not be into someone' s
home.
3. Dollar General typically leases the buildings that they operate in. They hire a site developer, negotiate terms for
a lease that will last 5- 10 years at the end of which if they cannot come to another lease agreement, they vacate
the building— similar to what they did out on E. Main across from Great Plains or more recently on West Main
and in both instances they left empty buildings. These empty buildings end up being thrust on the leaders of our
town to try and fill. So, while we may be looking at a Dollar General today, what will that building be 5 or 10
years from now? Our town has spent the past few years remodeling home exteriors, tearing down condemned
homes and beautifying the main thoroughfares in town. Once this area is zoned commercially, there will be no
going back. Will this beautify our neighborhood, do we need another empty building in town, I think not. Why
don' t we develop a property closer to town to drive much needed business back to our downtown area? Or try
to fill another already empty building? These are all over town.
4. Vehicular traffic is a huge concern. Increased accidents, blocking traffic on this major highway headed north or
south will become a bigger problem as the entrance in the proposed parking lot is where the highway changes
from a four- lane highway to a two- lane highway. A simple turning lane will not prevent the potential traffic
blocks or accidents from the people heading from the south to north. So, there will be an eventual need to
either expand and/ or redesign this highway, part of which would be to infringe on beautiful cemetery wall or
take land from a property owner in the area and why? This business may not even be there 5- 10 years from
now when their lease is up. Additionally, the increased traffic on Penn, Taylor, Bermuda, and Mulberry will be
undesired.
5. Foot traffic believe it or not this will increase through most of the resident' s yards on this end of town. Brad and
I already spend a lot of time picking up trash in our yard, it drives my pets crazy and quite frankly I do not want
people walking in my yard. This foot traffic will increase for the residents west of my location as well. Pulling
from the various apartment complexes in this area, and people who do not have vehicles, which surprisingly is a
lot. I visited with my neighbor Betty the other day, who is in her 80s, she is approached regularly by people
walking through her yard, who live on the north edge of town, asking her for a ride. This quite frankly horrified
me for her, especially when she said that she has given people rides back to their residence or into town. Times
have changed from the time when she was younger and thank the Lord that they did not harm her, but the next
time they could. I would encourage you to do some research on crime rates in our town. My Grandfather
always used to say— spare the rod, spoil the child. We have little consequence for shoplifting, in our town we
basically slap the hands of these thieves and treat them as though they have just run a stop sign. They are givena citation, told to report to court on a specific date and then they are freed to walk out the door. Most of the ,
time our police officers know these thieves by name because they are repeat offenders. They walk out of the
door of the establishment that they have just robbed and walk away. Yes, I do mean walk away, because most
of them do not own a reliable Vehicle. Which means that these thieves will be literally walking through our
neighborhoods even if they are caught. So, while some of you do not understand my statement ' it will increase
traffic— while I am concerned about increase vehicular traffic, 1 am more concerned about the literal foot traffic.
Especially for some of our elderly residents in this neighborhood.
6. Let' s talk about theft and drug use in our town because they typically go hand in hand. These are both a
monumental problem in Independence, ask our city leaders, retail establishments or even the law enforcement
in the area. My husband has told me numerous stories about people that he has chased out of the store, that
take off running, hiding in the yards around the G& W or down the alley' s up town in hopes of escaping capture
by the police. I, nor do most of the residents of this area want this in our backyards. I could also tell you similar
stories in my almost 20 years of retail experience. Luckily, I have not ever witnessed an armed robbery, but in
real What does that for me, and/ or neighbors? That these individuals
today' s society it is a concern. mean my
will be running into our yards, hiding, and probably taking something that they like from us. If we are lucky, they
will not be carrying a weapon and hopefully will not come into contact someone that I know and love. In
another one of the conversations that I have had over the past week with my neighbors they stated that they
did not want another" crack head" in that house. Like I said theft and drug use go hand in hand. While the
development of this property may mean that they would not live there statistics show that it would actually
triple this criminal behavior in our neighborhood. When they are stealing in the store and/ or dealing in or
around the parking lot. Believe me the fence that I hear will be erected at this site will not hinder this and it will
make its way into our yards. I do not want our safe little neighborhood being inundated with criminal behavior.
Again, I urge you to do some research on crime rates in our town. This information was obtained by City-
data. com because this research will tell you that in 2019 Independence had the highest crime rate in SEK and in
fact 82. 1% were theft related.
Crime rate in Independence, KS
The 2t119 acme rate in Independence KS 1s 495( Crp-Cala.: om onr.,e indexr, wnr- nis 1. 8 7mes ri gner: nan mz U. S.. auenige l: was hngher than: t 55'" U. S. cities- The 2019
IntlepenCe-^, ce cnrz ra! e: ell ap C? 4 ccm; szd? e 2018. T;: e numhero; namicidas stood a; 1. In Ine last 5 year Inge—dence has seen me of•' iolent crime ann, Jecrea, nq, rope ty
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ZIP+, atlas: 673D1.According to areavibes. com Independence Kansas crime rates are 128% higher than the national average.
7. 1 read a statistic last week from an article on CNN that armed robbers target Dollar General stores because they
process a high number of cash transactions, typically have no more than 2 employees on staff at any given time
which makes them a prime target. Dollar General executives, store employees, law enforcement and retail
security experts told CNN Business that the company' s low-cost, no frills model might be embraced on Wall
street, but it is putting its workers and customers at risk. Their own employees only spoke to the reporter from
CNN on condition of anonymity, for fear that their speaking out would impact their jobs. However, Brian
Flannery who was their loss prevention director from 2011- 2015 and oversaw security for DG. Stated that" Every
night I was just waiting for there to be a phone call that said, ' Hey we' ve lost somebody'. He also stated " It
wasn' t a matter of if there was going to be a bad robbery, it was a matter of when. Another security executive
was " heavily chastised" for frequently going over budges on security expenses. Point of reference there have
been at least six Dollar General employees that have died during robberies since 2016— FBI and the police have
warned the company executives that their stores are vulnerable. The company of course gave a pat answer
We employ a number of measures designed to create and maintain a safe work environment for our
employees, and a safe shopping environment for our customers, all while protecting company assets." Do you
think that a company that cares so little for their own employees or customers will care when these criminals
flee their establishment and go running through and potentially terrorize our neighborhoods? A good majority
of the people that live in this neighborhood are families with small children. I know that I don' t want this in my
backyard. Do you?
8. Increased littering, as a resident on a main thoroughfare in town we like many of the residents on this highway
we spend a good amount of time picking up trash that is thrown out of car windows by passers- by or even from
people walking by. One of the residents that I have spoken with ( or has already spoken here this evening used
to live by the Dollar General in Neodesha. He mentioned to me that he hated the amount of trash that he had
to pick up daily that came off the parking lot or out of the store in Neodesha. Again, the reason that he
purchased a home in this neighborhood was to get away from this and live in a residential area. So, while we
are trying to beautify our town, and draw in business. I do not see how increased trash, an eye sore of a
business front in our already beautiful residential neighborhood could be classified as beautifying our town.
Additionally, to keep it beautiful it will require that the residents of this area to be ultimately responsible for
keeping it clean and picking up the trash that will come off of this business. Additionally, the current owners of
this property, while I know that it is a burden, take impeccable care of it.
9. 1 would encourage you all to recall the last time that your traveled to our Dollar General in our own community
or other communities, in your own memories try to recall the frontage areas of the DG that you have driven past
or frequented. The location that was out on W. Main, was always unkempt. As are the ones in Fredonia,
Neodesha, and Coffeyville, I have driven by. They display clothing racks, racks with sale items and cardboard
bins in the front of their buildings, not to mention the plastic bags, beer bottles and other trash that I have seen.
They are usually unkempt, dirty and an eye sore. Not a way that I would want to beautify the north end of our
town. The current owners of this property while I know that it is a burden have always maintained the property
impeccably. This would still be more attractive than the eyesore that you see below.
FRAr, y
DOLLAR
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