Commissioner Bill Preston made a motion to recommend approval of the application.  A second to the motion was made by Commissioner Joe Weir.  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 applicant, Manual Garzona, requests a change in zoning for an existing limited (light) motor vehicle repair business located at 1026 W. 23^rd Street to permit general (heavy) motor vehicle repair.  Specifically, the applicant has been doing light repair work on mid-sized work trucks (i.e. F-150’s, F-250’s, etc.) and would like to do heavy repair work to the same kind of vehicles.

With the adoption of the Unified Development Ordinance (UDO) in 2009, vehicle service was segregated into two use groups: Limited Motor Vehicle Repair and General Motor Vehicle Repair.  The former group encompassed more basic work (oil changes, brake jobs, glass installation, detailing) with the latter group consisting of more complicated, heavier repair (large truck repair, bodywork and painting, engine overhauls and transmissions).  Limited Repair is allowed in both C-2 and C-3 districts while General Repair is permitted only in a C-3 district.

The more intense automotive use would be compatible with the existing development pattern and existing automotive uses along the 23^rd Street corridor.  Numerous automotive repair locations are along the corridor including the light automotive use immediately to the West.

The site sets back from W. 23^rd Street and the area is flanked by woods and a railroad right-of-way.  With proper screening and landscaping, the use should not be intrusive.

The shop will not see any new construction, however previously approved landscaping, standard parking and handicapped parking plans must continue to be met.  Any missing landscaping or signage will need to be replaced.

Analysis:

A heavily wooded property lies to the north.  A deep, vacant lot partially zoned C-2 lies to the East.  A sizable light automotive repair business sits adjacent to the west.  A church property lies across the roadway.  Given the applicant’s operation sets far back on the lot and given the nature of the uses listed above, the intense uses possible in a C-3 district should not be intrusive to the area.

Consistency with Independence for All, Strategic Plan:

The proposal relates to the Goal “Increase economic prosperity of community”.  It also helps the strategy to retain the city’s businesses. 

Comprehensive Plan Guiding Land Use Principles: 

A relevant Guiding Land Use Principle for this site is that it addresses the policy to “Encourage redevelopment or adaptive reuse of vacant or underutilized buildings and sites.”

Historic and Archeological Sites:

There are no apparent historic/archeological issues with this property.

Public Utilities:

All utility services are readily available

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 S. 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 27, 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 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, only the applicant spoke in favor of the proposed rezoning and no one spoke in opposition.
4. That, the current C-2 (General Commercial) zoning allows the following uses: limited motor vehicle repair, retail, office, restaurants, small meeting halls, banks, daycare centers, government facilities, churches, schools, colleges and universities, and medical services.
5.  That, the proposed C-3 (Service Commercial) zoning allows the following uses: retail, office, restaurants, small meeting halls, banks, daycare centers, government facilities, limited and general motor vehicle repair, wood and machine shops, and medical services.
6.  That, the property is the site of a Limited Motor Vehicle Repair business.
7. That, no protest petition was submitted in opposition to the application.

Draft Planning Commission meeting minutes:

"Case 20-100-10 – Rezoning – 1026 W. 23^rd Street

 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.

 In response to Commissioner Preston’s question, Mr. Harker stated the lot is a little over two acres.  Mr. Harker stated there is sufficient concrete surface to accommodate this change.

 In response to Commissioner Michell’s question, Mr. Harker stated this property used to be a car wash and the adjacent property is currently zoned C-2 for light auto repair.  Commissioner Michell asked if the screening and landscaping is currently in compliance.  Mr. Harker stated he would have to check on that, but noted that would be done during the review.

Applicant Comments

 Manuel Gorzona, 1026 W. 23rd Street, stated he only hopes to work on diesel work trucks, like a Ford F-250 and F-350.  He stated he would not work on semi-trucks.  Mr. Gorzona stated he is prepared to do additional landscaping and screening if staff requires changes.

 In response to Commissioner Dreher’s question, Mr. Gorzona stated he has bene in business there for a little over a year.  Mr. Gorzona stated previously, he operated in Kansas City, Missouri.

Public Comments

 No public comments.

Motion

 Commissioner Preston made a motion to approve Case 20-100-10 – Rezoning – 1026 W. 23^rd Street.  Commissioner Weir seconded the motion.  The motion passed with seven affirmative votes."