Commissioner Preston made a motion to recommend approval of the application.  A second to the motion was made by Commissioner Wiley.  The Independence Planning Commission voted as follows:

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

The City of Independence requests to rezone the properties at 711 and 715 S. Northern Boulevard from I-1 (Industrial) to R-6 (Single Family Residential).

Years ago it was City practice to zone portions of the city to either C-2 (General Commercial) or I-1 (Industrial) with the idea that preemptive rezoning these areas would encourage economic development.  Most of the City’s thoroughfares were strip zoned commercial for future retail use while areas along rail lines were zoned industrial.  As much of this land has failed to develop as non-residential use as desired, the property has remained in residential use or undeveloped. Over the past decade, the City has rezoned several hundred properties from commercial and industrial zoning to residential zoning.  This particular case concerns two such I-1 zoned lots in residential use between Truman Road on the south and US 24 Highway to the north.  A few months ago the owner of the 715 property approached the City to help to rezone 715 in order to refinance it; the 711 lot was later added to the request.  Banks will generally not make loans on property containing a nonconforming use due to the financial risk so it is necessary to rezone the site to the proper zoning. 

These lots are trapped between lands to the south also zoned I-1 but actually in industrial use and lots to the north which are zoned R-12 (Two Family Residential) and contain single family homes or duplexes.  The 711 property contains a small, older, wood frame single family home while the 715 property contains a similar style house that was converted into a two family dwelling many years ago.  With the proposed R-6 zoning, the owner of 715 is aware that if the duplex is destroyed, only a single family home may be reconstructed on the site.

Consistency with Independence for All, Strategic Plan:

Downzoning these properties from I-1 to R-6 will help sustain the residential character of the neighborhood north of the true industrial property and allow the land owners to refinance and make improvements to their property.

Comprehensive Plan Guiding Land Use Principles: 

The City Comprehensive Plan recommends Residential Urban Neighborhood uses for this site.  The continued use of the site for residential use is more appropriate here that the conversion of the houses into some manner of industrial use.

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 Residential Urban Neighborhood uses for this site.

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 neighborhood 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.

Adjacent to the north and across the street to the west are single and two family homes and church property zoned R-12 (Two Family Residential).  This rezoning is compatible with the zoning and use of those properties.

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

This area of S. Northern Boulevard just north of the actual industrial uses, has a residential character, consisting of a church and residential properties to the east and north to near E. 24 Highway. 

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

The possible use of these two small residential lots for industrial purposes is negligible, as both of the houses have limited floor area, and the size of both of the lots combined is less than an acre.

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

The houses are currently occupied as a residences.

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

The rezoning would be similar to the zoning to the west and north will have no detriment effect on the industrially zoned properties to the south and east.

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 is denied it, would have a negative financial effect on the owners as they would not be able improve or rebuild houses on the lots and the property has minimal industrial potential. 

Planning Commission Action:  At its July 28, 2020 Planning Commission meeting, the motion for approval passed 7-0, 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 virtually 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, at the Planning Commission hearing, no one spoke in favor of, or opposed to, the proposed rezoning.
4. That, the current I-1 (Industrial) zoning allows the following uses: warehousing, freight depots, manufacturing, construction services, vehicle repair and office uses.
5.  That, the proposed R-6 (Single Family Residential) allows the following uses: single family dwellings, cropland, churches, schools and government facilities.
6.  The properties have always been in residential use, and never in industrial use.
7. That, no protest petition was submitted in opposition to the application.

Draft Planning Commission Minutes:

"Case 20-100-08 – Rezoning – 711 and 715 S. Northern Boulevard

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. 

Public Comments

No public comments.

Commissioner Comments

In response to Commissioner Weir’s question, Mr. Borders stated the old railroad right-of-way is not included in this rezoning.

Motions

Commissioner Preston made a motion to approve Case 20-100-08 – Rezoning – 711 and 715 S. Northern Boulevard.  Commissioner Wiley seconded the motion.  The motion passed with seven affirmative votes."