Years ago, the City zoned much of the Northwest Quadrant of Independence to the two-family and multiple-family categories, given much of the newer owner-occupied single-family housing stock was constructed in the southern and eastern parts of the City. Concentrating two-family and multiple-family housing in the central and northwestern parts of the City was reflective of the fact that many older homes in the area had been divided up during World War II and the post-war housing shortage. Further, the multiple-family uses were seen as a potential “buffer” zoning between the commercial and railroad uses and the less intense residential uses to the south and west. The current legal nonconforming situation resulted in 1980 when a change in the City’s zoning ordinance eliminated “pyramid-zoning”, thus not allowing the uses of less intense zonings within districts that are more restrictive unless otherwise listed.
Recently, an owner rehabilitating a structure at 1330 S. Ralston Avenue found he could not restore a single-family residence without rezoning the property given its nonconforming status. This alerted staff of similar situations that existed throughout the three-block area. If not corrected, not only does the UDO prevent restoring existing or constructing new single-family houses in the neighborhood, but can make it difficult when taking out mortgages or refinancing in the area.
Consistency with Independence for All, Strategic Plan:
Downzoning these properties from R-18/PUD to R-6 will help sustain the single-family residential character of the neighborhood and allow the landowners to refinance and make improvements to their property.
Comprehensive Plan Guiding Land Use Principles:
The City Comprehensive Plan recommends Residential Neighborhood and some Mixed Uses for this three-block area. The continued use of these lots for single-family residential uses is more appropriate than the conversion of the houses into some manner of multiple-family use.
Historic and Archeological Sites:
There are no apparent historic/archeological issues with these properties.
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 Neighborhood and Mixed Uses for this area;
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.
Lying to the south and to the west are one and two-family homes zoned R-12 (Two-Family Residential). This rezoning is compatible with the proposed zoning and use of those properties;
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
This three-block area in the vicinity of Ralston Avenue has mostly a single-family residential character, consisting of single-family residential properties, and two-family and multiple-family properties that will be excluded from this request;
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.
The possibility of these area structures build as single-family residences being used as multiple-family rentals might further destabilize the neighborhood;
6. The length of time the subject property has remained vacant as zoned.
All the homes in the neighborhood appear to be occupied, but there are a couple of vacant lots;
7. The extent to which approving the rezoning will detrimentally affect nearby properties.
The rezoning would be compatible to the R-12 zoning to the west and south and should not have any detrimental effect on the commercially zoned properties to the north;
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.
Planning Commission Action: At its October 13, 2020 Planning Commission meeting, the motion for approval passed 7-0, after consideration of the following facts:
- That, the rezoning is consistent with the review criteria listed in Section 14-701-02 of the City Code.
- 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, at the Planning Commission hearing, two people spoke in favor of the proposed rezoning and none spoke in opposition.
- That, the current R-18/PUD (Medium Density Residential/Planned Unit Development) zoning classification allows for two-family dwellings, multiple-family dwellings and various other uses (cemeteries, schools, government facilities and some agricultural activities).
- That, the proposed R-6 (Single-Family Residential) allows the following uses: single-family dwellings, cropland, churches, schools and government facilities.
- That, the properties are sites of single-family residences or vacant lots.
That, no protest petition was submitted in opposition to the application.
Draft Planning Commission Meeting minutes:
"Case 20-100-09 – Rezoning – S. Ralston Avenue Vicinity
Brian Harker presented the case. Mr. Harker presented the Commission with a vicinity map, noting the area and surrounding zoning. He presented the Commission with an aerial map indicating the properties that will be rezoned and explained the surrounding land uses. Mr. Harker noted this affects 49 properties and will prevent any legal non-conformities.
In response to Commissioner Preston’s question, Mr. Harker stated the vacant lots are small and would only be suitable for single family homes.
Public Comments
Jeffrey McDaniel, 1207 S. Willow, asked why the property on Willow is not included in the rezoning. Mr. McDaniel stated the property is being used as a commercial property and neighbors frequently see drug activity at the residence.
Mr. Harker noted that property is currently a duplex and the City does not wish to make additional legal non-conforming properties. He stated this lot was designed to be a multi-family lot.
Mr. McDaniel stated there is a sober house running out of the property currently.
Mr. Harker stated the possible illegal activity would need to be addressed by the police. He stated he will look into the possible halfway house and handle that through the Neighborhood Services Division.
Tina Taylor, 1224 S. Hardy, stated two of her neighbors were not notified about the public hearing. Ms. Taylor asked why these properties have been improperly zoned for so long.
Mr. Harker noted tenants are not notified, only property owners. Mr. Harker stated the properties have been improperly zoned because the City was not aware of the non-conformity until a homeowner attempted to refinance their property and brought the issue to the City’s attention.
Commissioner Comments
Commissioner Weir asked if the entire neighborhood could be R-12 instead of R-6. Mr. Harker stated that would be possible, but two of the properties would need to be R-18.
Motion
Commissioner Preston made a motion to approve Case 20-100-09 – Rezoning – S. Ralston Avenue Vicinity. Commissioner Wiley seconded the motion. The motion passed with seven affirmative votes."