Planning commission denies rezoning, billboard plan for 190 Ninth Street commerce center after residents urge limits on truck traffic

Gardner City planning commissioners on Monday recommended denial of a rezoning and related permits for the proposed “190 Ninth Commerce Center,” a commercial development planned along I‑35 at the northeast corner of 190th Street and Waverly Road.

The commission voted 5–1 to recommend denial of the CP‑3 rezoning and its associated preliminary development plan and preliminary plat, and separately recommended denial of a conditional use permit for four double‑stack, 45‑foot billboards proposed as part of the project. The votes follow staff recommendations that the proposal would create an origin or destination for commercial vehicle traffic in an area where the city’s policy restricts commercial cut‑through traffic.

Why it matters: Neighbors who live along 190th Street and Waverly Road said the proposal would increase heavy truck and auto traffic through a corridor the city has sought to keep free of through commercial trucks. Planning staff said the requested CP‑3 zoning and the proposed intensity of uses do not align with the I‑35 and Gardner Road sub‑area plan’s “community commercial” designation, which the city treats as consistent with the CO/COA (office / neighborhood commercial) categories.

The proposal and developer presentation The applicant, represented by Judd Clawson of Phelps Engineering and developers Lynn Baker and Fred Winger, sought CP‑3 planned commercial zoning for roughly 57 acres west of a floodplain on the property. The plan showed three buildings, three outdoor storage/sales areas and four double‑stack billboards along I‑35. The applicant said about 37 acres of mature tree canopy would be preserved as a buffer and that the development would include stormwater detention and treatment meeting city standards. The team also proposed limiting several high‑traffic uses and requested some flexibility on signage and outdoor sales.

Staff concerns and policy context Staff recommended denial. Planners noted the city’s comprehensive plan and the I‑35/Gardner Road sub‑area map designate the site for community commercial uses aligned with CO/COA zoning (smaller office or neighborhood commercial uses), not CP‑3 heavy commercial. Staff said the rezoning and CUP would allow land uses and vehicle volumes inconsistent with policies that seek to avoid creating new origins and destinations for commercial truck traffic on local roads.

Public comments More than a dozen neighbors spoke during the public hearing, raising similar concerns. Randy Sparks, who lives on 30056 190th Street, told commissioners: “We’ve got a no‑truck road in front of our house right now … $200 fine if you get caught,” and added he was concerned about noise, light pollution and safety for young drivers. Others described flooding and runoff concerns, sporadic mowing of the applicant’s property, and fears that billboards and industrial operations would reduce property values and rural character.

Commission action Commissioner Combs moved to recommend denial; Commissioner Mater seconded. The motion to deny the rezoning and preliminary development plan passed 5–1. Subsequent motions to deny the preliminary plat and the conditional use permit for the billboards also passed 5–1. The commission’s votes are advisory; the items will go to the governing body (City Council) for final action.

Details and conditions referenced The applicant’s team said the first project phase would build the billboards, then the buildings. Staff flagged that constructing billboards first could result in a completed, highly visible feature without the remainder of the development. The sign proposal called for four structures, each 45 feet tall with two vertically stacked faces per side; staff noted standard billboards could exceed the 750‑square‑foot limit the applicant said it would meet and requested clarity in any ordinance.

What’s next Because the planning commission recommended denial, the application will be forwarded with the commission’s recommendation to the governing body. City Council will consider the rezoning, preliminary development plan, preliminary plat and CUP and make the final decision.