The property located at 625 W. 23rd Street S. is currently zoned O-1 (Office-Residential). Located at the corner of 23rd Street and Delaware Street, this location was used as a hair salon or barber shop for many years. Looking back to 1965 when zoning was established for the City of Independence, this property had been zoned R-1 (Single-Family Residential), similar to all of the neighboring property south of 23rd Street. By 1980, the property had become zoned CR-1 (Limited Commercial and Residential). In 2009 the zoning was updated to O-1 (Office-Residential). The property has remained O-1 since this last change.
PROPOSAL:
Jimy Mejia Chirinos requests to rezone the property located at 625 W. 23rd Street S. from O-1 (Office-Residential) to C-1 (Neighborhood Commercial). The property has an existing building that was previously a barber shop and hair salon. The applicant seeks use the existing building on the property to operate a small neighborhood grocery store. While obviously not big enough to operate a traditional grocery store, the applicant intends to sell food and ingredients commonly found in Mexican and other Latin American cuisine. The name of the proposed business, Pulperia La Tia Tati, translates to “Aunt Tati’s Grocery Store” in English.
PHYSICAL CHARACTERISTICS OF PROPERTY:
The 9,387 square foot lot contains an approximately 560-square foot, single-story building. The portion of the lot that lies in front of the building to the north is entirely grass. A 4,718 square-foot asphalt parking lot, without any pavement markings, is located behind the building and wraps around it on the east side. The parking lot is accessible from an entrance on Delaware Street. The building itself is a light beige color with white trim around the windows and has a blue door. A small awning in front spans the width of the building and covers the entrance and two adjacent windows. Above the awning is a sign which currently displays the name of the previous business to occupy the building.
CHARACTERISTICS OF THE AREA:
The immediate area surrounding the property is zoned R-6 (Single-Family Residential) and features many Single-Family homes. Across 23rd Street to the North lies a single-family home next to a vacant lot, both of which are zoned R-12 (Two-Family Residential). To the Northeast across 23rd Street are two businesses, a funeral home and an animal hospital. Both properties are zoned C-2 (General Commercial). A commercial corridor begins a block to the West of the property and spans both sides of 23rd Street.
Consistency with Independence for All, Strategic Plan:
The application is within keeping with the Goal of, “Growth – Increase in economic prosperity.”
Comprehensive Plan Guiding Land Use Principles for the Current Designation:
The City Comprehensive Plan recommends residential uses for this site. It also encourages “small-scale retail integrated into neighborhoods.”
Parking, Access, and On-Site Circulation:
The parking lot on the property is accessible from Delaware Street and provides an adequate amount of parking. However, the parking does not have defined parking spaces as required by the UDO. As such, there is not a defined space for accessible parking, nor is there the required accessible parking signage. Striping the parking lot, including at least one accessible space, and erecting the related signage will be required.
Zoning:
The proposed R-6 (Single-Family Residential) zoning classification allows for single-family dwellings and various other uses (schools, churches, government facilities, cemeteries, home-based daycare, agriculture and others with conditions). Currently, the properties are zoned C-2 (General Commercial) which allows for retail, office, restaurants, banks, business and personal improvement services, hotels, construction services, daycare centers, nursing homes, government facilities, churches, employment agencies, funeral and interment services, schools, colleges and universities, veterinary and animal boarding services, sports and entertainment facilities, medical services, repair services and crop agriculture.
Sub-Area Plans:
The property is not part of a sub-area plan.
Historic and Archeological Sites:
There are no apparent historic or archeological issues with this property.
Public Utilities:
This is a long-established residential neighborhood, with all utility services existing.
Floodplain/Stream Buffer:
There is not a federal flood zone or Stream Buffer zone present on the property.
Public Improvements:
No public improvements would be required.
CIP Investments:
The City does not have any capital improvements planned near this site.
REVIEW CRITERIA
Recommendations and decisions on rezoning applications must be based on consideration of all the following criteria:
1. Conformance of the requested zoning with the Comprehensive Plan.
The Comprehensive Plan envisions Residential uses for these parcels but also promotes “small scale -residential retail integrated into neighborhoods.
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 recent neighborhoods or sub-area plans for this area;
3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning.
Across the street, on the North side of 23rd Street are two properties zoned C-2 (General Commercial). One block to the west of the property is a larger commercial area zoned C-2 as well;
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
The use will be unique to the neighborhood but will not negatively impact its existing character. The C-1 District is primarily intended to accommodate neighborhood-serving retail sales and service uses.;
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.
Given the volume of traffic along 23rd street and the neighboring land use, C-1 (Neighborhood Commercial) is an appropriate zoning classification for this property;
6. The length of time the subject property has remained vacant as zoned.
The property has not been vacant and has housed as a business for many years in the existing zoning designation;
7. The extent to which approving the rezoning will detrimentally affect nearby properties.
Rezoning this property to C-1 (Neighborhood Residential) from O-1 (Office-Residential) 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.
If the rezoning were denied, it would have a negative financial effect on the landowner, as she
would not be able to operate her business at this location;
Draft Planning Commission minutes:
“Case 23-100-22 – Rezoning – 625 W. 23rd Street S.
Staff Presentation
Joshua Garrett presented the case. Mr. Garrett 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.
Applicant Comments
Jimy Mejia Chirinos, 1117 E 24 Hwy, explained the need for a Hispanic grocery store in the area.
In response to Commissioner Nesbitt’s question, Mr. Garrett said they are required to stripe the parking lot and put-up handicap parking signs.
Public Comments
No public comment
Motion
Commissioner Nesbitt made a motion to approve Case 23-100-22 – Rezoning – 625 W. 23rd Street S. Commissioner H. Wiley seconded the motion. The motion was passed with five affirmative votes.”