Item Coversheet
City of Independence
BILL NO. 21-0361R.

Agenda Title:

21-036 - 1R.  An ordinance approving a rezoning from District R-30/PUD (High Density Residential/Planned Unit Development) to District R-6 (Single Family Residential) for part of the property at 218 N. Delaware Avenue in Independence, Missouri.

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


Commissioner Dreher



Commissioner McClain



Commissioner Michell



Commissioner Preston



Commissioner Wiley



Commissioner Ferguson



Commissioner Weir







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

Executive Summary:

Rebecca Cornish requests to rezone part of her property at 218 N. Delaware Avenue from R-30/PUD (High Density Residential/Planned Unit Development) to R-6 (Single Family Residential).


This application involves the rezoning of a 10-foot by 18-foot tract in the southwest corner of this property at 218 N. Delaware Avenue.  The tract was originally part of the apartment property behind 218.  Rebecca Cornish, the owner/applicant, states that this small tract was sold to her by the apartment building owner when they were refurbished about 15 years ago. As she plans to make some improvements to her property, it is necessary to rezone this small piece to R-6 to have consistent zoning for the entire lot.

This application is part of a multi-phase process. In addition to rezoning the small tract, she is also re-platting both properties into a single lot via the minor subdivision process and will be seeking a setback variance from the Board of Adjustment in order to expand her existing garage in the rear yard. The City Heritage will also be reviewing the garage expansion request as well.

The Proposal’s Consistency with Independence for All, Strategic Plan:

There are no policies in this plan to address this type of application, but this rezoning will help retain the single family residential character dominate in the area.

Comprehensive Plan Guiding Land Use Principles for the Current Designation: 

The City Comprehensive Plan recommends Residential Urban Neighborhood uses for this site. 

Historic and Archeological Sites:

This property is within both the Local and National Historic Districts. Approval from the Heritage Commission is required to expand the garage.


Public Utilities:

As this is a long-established property in downtown Independence, all utility services are existing.

Recommendations and decisions on rezoning applications must be based on consideration of all the following criteria:

1.      Conformance of the requested zoning with the Comprehensive Plan.

The Comprehensive Plan envisions Residential 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 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.

This proposed R-6 is consistent with the zoning that incorporates most of this residential area.

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

This proposed R-6 zoning with its primary permitted uses of single-family homes is quite compatible with the character of the neighborhood.


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

This R-30/PUD zoned, 180 SF tract, has no potential for multi-family use.

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

From the information available, this small tract in the southwest corner of this property, has been vacant for many years.

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

The rezoning will have no detrimental effect on area 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 the rezoning is denied it, would have a negative effect on the owner as she would not be able to consolidate the property, nor have the possibility to expand her garage. 


Draft Planning Commission Meeting minutes:

"Case 21-100-07 – Rezoning – 218 N. Delaware Avenue

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.


 Commissioner Michell asked if this is the smallest parcel of land that has ever been rezoned. Mr. Borders stated he believed it is the smallest piece of land ever rezoned.


 Applicant Comments

 Rebecca Cornish, 218 N. Delaware, stated she has lived in this house since 2000.  She stated after the apartment complex burned down, the apartment complex sold her this piece of property. 


Public Comments

No public comments.



 Commissioner Preston made a motion to approve Case 21-100-07 – Rezoning – 218 N. Delaware Avenue.  Commissioner Michell seconded the motion.  The motion passed with six affirmative votes."

Department:          Community DevelopmentContact Person:          Tom Scannell

Community Development DepartmentApproved
Finance DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:         

Draft OrdinanceOrdinance
Staff ReportBackup Material
Letter from ApplicantBackup Material
Notification AffidavitBackup Material
Notification LetterBackup Material
Site PlanBackup Material
Site PhotoBackup Material
Comp Plan MapBackup Material
Zoning MapBackup Material