Item Coversheet
City of Independence
BILL NO. 21-059Ord.No:          19254

Agenda Title:

  1. 21-059 - 2R.  An ordinance approving a rezoning from District C-2 (General Commercial) to District R-30/PUD (High Density Residential/Planned Unit Development) and approving a Preliminary Development Plan for numerous properties on South Oxford Avenue in Independence, Missouri.

Commissioner Preston made a motion to recommend approval of the rezoning, and preliminary development plan, with no conditions.  A second to the motion was made by Commissioner Ferguson.  The Independence Planning Commission voted as follows:


Commissioner Dreher



Commissioner McClain



Commissioner Michell



Commissioner Preston



Commissioner Wiley



Commissioner Ferguson



Commissioner Young







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

Executive Summary:

City of Independence requests to rezone the property at 3312/3314/3316/3318/3320 S. Oxford Avenue from C-2 (General Commercial) to R-30/PUD (High Density Residential/Planned Unit Development) and approve a preliminary development plan.


This 0.76-acre tract just south of Blue Ridge Boulevard consists of three residential buildings in a ‘U’ configuration facing a central courtyard. The northern (3312/3314) and southern (3318/3320) structures contain two adjoining fourplexes with each fourplex accessed by central entry to internal hallway which provides access to all four units. The western building (3316) is a single fourplex. The center courtyard is a grass covered open area free of any outdoor furniture or play equipment.  The buildings are brick, two story structures, believed to be built sometime in the mid-1960’s.  Tenant parking is available on the north, south and west perimeters of the site, with driveways onto S. Oxford on the north and south ends of the property.


As the building and site improvements are existing and no significant changes are expected, the aerial photographs of the site along with photographs of the buildings will serve as the preliminary development plan. As changes to the site or building may require a revised site plan/building plan.


Consistency with Independence for All, Strategic Plan:

Downzoning these properties from C-2 to R-30/PUD will help sustain the residential character of the neighborhood east of the true commercial property along Blue Ridge Cut-off and allow the landowners to refinance and make improvements to their property.

Comprehensive Plan Guiding Land Use Principles: 

The City Comprehensive Plan recommends Residential Established Neighborhood uses for this site.  The continued use of the site for residential use is more appropriate here that the conversion of the houses into some manner of commercial use.


Historic and Archeological Sites: There are no apparent historic/archeological issues with this property.


Public Utilities: All utilities are present on the site and operational.


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 Established 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 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.

Across S. Oxford to the east are single- and two- and multi-family homes zoned R-18/PUD (Medium Density Residential/Planned Unit Development).  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.

This area of S. Oxford between Blue Ridge Boulevard and E. 35th Street contains a mixture of residential properties from single family homes to fourplexes.

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

While closer to Blue Ridge Cut-off than the duplex lots to the south, there’s other properties along the Cut-off which are vacant or under-utilized with more commercial potential than this site. 

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

The lot currently contains five, occupied four-plex buildings.

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

The rezoning would be similar to the zoning to the east and north will have no detriment effect on the commercially zoned properties to the south 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 landowners as they would not be able improve or rebuild houses on the lots and the properties have minimal commercial potential. 


Draft Planning Commission meeting minutes:

"Case 21-125-02 – Rezoning/PUD – Oxford Avenue Rezoning

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. 


            Public Comments

            No public comments.



Commissioner Preston made a motion to approve Case 21-125-02 – Rezoning/PUD – Oxford Avenue Rezoning.  Commissioner Ferguson 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
Internal Notification LetterBackup Material
External Notification LettersBackup Material
Notification AffidavitBackup Material
Internal Notification InformationBackup Material
External Notification InformationBackup Material
Aerial MapBackup Material
Aerial ImageBackup Material
PicturesBackup Material
Comp Plan MapBackup Material
Zoning MapBackup Material