1. 21-012 - 2R.  An ordinance approving a rezoning from District C-2 (General Commercial) to R-6 (Single Family Residential) for the property at 2301 S. Glenwood Avenue, in Independence, Missouri.

Commissioner Preston made a motion to recommend approval of the rezoning of 2301 S. Glenwood Avenue from C-2 (General Commercial) to R-6 (Single Family Residential).

A second to the motion was made by Commissioner 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.

Travis Thonen requests to rezone 2301 S. Glenwood Avenue from C-2 (General Commercial) to R-6 (Single Family Residential) so that the zoning of the property is consistent with the actual use of the property.

Background:

While this rental property at the southeast corner of Glenwood Avenue and 23^rd Street has been owned by the applicant’s family for decades, Travis Thonen recently acquired it via inheritance.  The 0.35 acre +/- lot, is zoned C-2 (General Commercial) and contains a fourplex facing 23^rd Street (addressed as 9401 E. 23^rd Street) and a single-family home fronting onto Glenwood (addressed as 2301 S. Glenwood). When he applied for minor subdivision approval to subdivide the parcel into two lots, one for each structure, City staff advised him that he needed to rezone the property to residential with the fourplex being rezoned to R-30/PUD and the single family home to R-6.

A single family home is sited on the proposed southern parcel and faces S. Glenwood.  It’s a roughly 1,700 SF ranch style house constructed of red brick. Its double wide garage door is accessed by a concrete driveway.

Consistency with Independence for All, Strategic Plan:

This proposed rezoning could contribute to the Strategic Plan by helping to stabilize this residential neighborhood by allowing the properties continue in residential use if they are damaged or destroyed.

Comprehensive Plan Guiding Principles: 

The Comprehensive Plan designates this site for Neighborhood Residential uses.  The proposed application could enhance the viability of the neighborhood by providing affordable dwellings options by preserving the mix of home types and density levels currently in place.

Public Utilities:

This house maintains its own electrical and water service.

Recommendations and decisions on a rezoning 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 uses for this area.  A principle of Imagine Independence 2040 is to preserve the mix of home types and density levels currently in place. 

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 sub-area plans for this site.

3.      The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning.

While there are a few commercial properties along 23^rd Street, most of this segment of the corridor from S. Maywood Avenue to the west city limits is zoned for, and in, residential use. 

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

Rezoning this property to residential zoning is more compatible and in character with the existing neighborhood than uses permitted current C-2 zoning.

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

This lot, sought to be divided into two parcels, is not large enough to support commercial uses, and is much more suitable for the existing residential use.

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

According to the applicant, the properties have been continuously occupied for many years.

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

The rezoning would allow for the residential use that has existed here for decades and are actively rented.  As such, this request is not expected to have a detrimental effect on 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 denied, the applicant could still rent out the legal nonconforming properties for residential use, however the current C-2 zoning will affect the owner’s ability to refinance the land and will prevent the residential structures from being rebuilt if damaged beyond 50% of their market value.

Planning Commission Action:  At its February 23, 2021 Planning Commission meeting, the motion for approval passed 6-0.

Draft Planning Commission minutes:

"Case 21-125-01 – Rezoning – 9401 E. 23^rd Street & 2301 S. Glenwood

            Staff Presentation

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 project area and explained the surrounding land uses. 

Applicant Comments

Travis Thonen, 1100 SW 24^th Street Ct, Blue Springs, stated his great grandfather built these two properties.  He stated he has done the upkeep on these homes and would like to help keep the area looking nice.

Public Comments

            No public comments.

Motions

Commissioner Preston made a motion to approve Case 21-125-01 – Rezoning – 2301 S. Glenwood.  Commissioner Dreher seconded the motion.  The motion passed with six affirmative votes.

Commissioner Preston made a motion to approve Case 21-125-01 – Rezoning – 9401 E. 23^rd Street with conditions as presented by staff.  Commissioner Ferguson seconded the motion.  The motion passed with six affirmative votes."