1. 20-094 - 2R.  An ordinance approving a rezoning from District I-1 (Industrial) to District R-12 (Two Family Residential) for the property at 1201 S. Osage, in Independence, Missouri.

Commissioner Preston made a motion to recommend approval of the application.  A second to the motion was made by Commissioner Ferguson.  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.

Steve Ipock requests to rezone the property at 1201 S. Osage Street from I-1 (Industrial) to R-12 (Two Family Residential).

Only the northern 60 feet of this ‘L’ shaped lot is zoned I-1, the remainder is zoned R-12, and has been since at least the mid-1960’s.  Although this building on Osage has been vacant for a few years, it has seen both residential and commercial usage in its past.  After a recent fire in its lower level caused the building to be tagged as ‘Dangerous’, the applicant purchased the property with the intent to rehab it into a two-unit dwelling. The structure contains roughly 3,750 SF divided evenly among two floors. A driveway from the dead-end of Osage provides access to parking areas on the north and east sides of the lot.  Much of the interior will be remodeled; work to the building’s exterior will primarily be related to maintenance and repair work.

Although this site adjoins 23^rd Street, the road surface of the Arterial is 20+/- feet above the grade of this lot.  This portion of Osage Street terminates in front of the property and is accessed via Southside Boulevard.

Consistency with Independence for All, Strategic Plan:

Downzoning this property from I-1 to R-12 will help sustain the residential character of the neighborhood south of the site and allow the owner to make improvements and rent out its property.

Comprehensive Plan Guiding Land Use Principles: 

The City Comprehensive Plan recommends Commercial uses for this site.  However, due to the site’s conditions of limited access combined with the residential character of the surrounding neighborhood, its highest and best use is for residential use; more so than the use of the structure for commercial or industrial activity.

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 Community Commercial 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.

Portions of the properties directly to the east and west are zoned I-1 but are either vacate or are in residential use.  As the land to the south is zoned R-6 or R-12 and in residential use, 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.

The rezoning of the property to R-12 and the building converted into a two family dwelling is more in keeping with the character of the neighborhood than current I-1 zoning and its use as business property. 

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 this property for industrial purposes is negligible due to its isolated location and smaller size.

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

The building has been vacant for several years.

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

As the proposed will be the same zoning to south and be used for residential use, it will have no detriment effect on the properties to the south, east and west.

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 owner as they would not be able improve the property that has minimal industrial potential. 

Planning Commission Action:  At its November 17, 2020 Planning Commission meeting, the motion for approval passed 5-0, 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-12 (Two Family Residential) allows the following uses: single family dwellings, duplexes, cropland, churches, schools and government facilities.
6.  The property had been in commercial use in the past but has been vacant for two years due to its poor commercial location and limited access.
7. That, no protest petition was submitted in opposition to the application.

Draft Planning Commission minutes:

"Case 20-100-12 – Rezoning – 1201 S. Osage Avenue

 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 properties that will be rezoned and explained the surrounding land uses. 

Applicant Comments

 Steve Ipock, 2400 Indiana Avenue, Kansas City, MO, stated he didn’t have anything to add to the City’s presentation.

 In response to Commissioner Preston’s question, Mr. Borders stated there has not been a business in this location in the past three years.  Mr. Borders said he’s not aware of any hazardous use.

 Mr. Ipock stated in the past this was used as an office space.

 Commissioner Weir asked if the building is tagged as dangerous.  Mr. Ipock it is a dangerous building.  Mr. Ipock stated the work will start after the rezoning is approved.  Mr. Ipock stated there was a small fire in the basement.  He stated the Fire Department knocked out some windows, and those have been repaired.

 In response to Commissioner Ferguson’s question, Mr. Borders stated he is not aware if the building has asbestos. 

Public Comments

No public comments.

Motion

 Commissioner Preston made a motion to approve Case 20-100-12 – Rezoning – 1201 S. Osage Avenue.  Commissioner Ferguson seconded the motion.  The motion passed with five affirmative votes."