The applicant, Joe Saitta, recently purchased the property at 9300 E. US 40 Highway for a used car sales lot. Although it had previously been (but not recently) a car lot, it had lost its legal nonconformity due to non-renewal of the previous business license within six months prior to Special Use Permit application.
The property includes a 432-square foot building, limited green space and existing paved surface with three driveways onto US 40 Highway and on onto 35th Street. The applicant has already repaved the asphalt surface and fixed the fences. The applicant also intends to upgrade the exterior with stucco and paint and redo the landscaping with small trees and bushes to enhance the look from the street but the property would still need a landscaping administrative adjustment since the existing configuration cannot meet the landscape Code. Given there is no new construction, no public improvements will be required.
As the US 40 Highway corridor has several used car lots already in operation and continuing to use this lot as a used car lot in staffs opinion does little to revitalize the corridor, staff does not recommend approval of this application.
Consistency with Independence for All, Strategic Plan: The proposal may “Increase economic prosperity of community” and it does meet the strategy to, “recruit business.” However, this would be the seventh used car lot along US 40 Hwy from the City Limits to 35th Terrace. Given the number of used car lots in the area, staff is not supportive of the request.
Comprehensive Plan Guiding Land Use Principles: The property has been used as some sort of auto related business in the recent past. The Comprehensive Plan envisions fostering redevelopment opportunities within the City to revitalize unused or underused property. Staff does not believe adding a 7th used car lot along this stretch of US 40 meets that guiding principle.
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.
Access: Accesses to the rights-of-way are already in place.
Public Improvements: Given there will be no new construction, no public improvements will be necessary.
Recommendations and decisions on special use permit applications must be based on consideration of all the following criteria:
1. Compatibility of the proposed use with the character of the neighborhood.
This segment of the US 40 Highway corridor includes many automotive related uses, so the market may arguably be already saturated.
2. The extent to which the proposed use is compatible with the adjacent zoning and uses.
Again, there are already numerous auto-related businesses with used car sales in the area, so the market may arguably be already saturated.
3. The Impact of the proposed use on public facilities.
All public facilities are in place here and used vehicle dealerships are generally not significant consumers of water, sanitary sewer, and electricity services.
4. The suitability of the property for the permitted uses to which it has been restricted under the applicable zoning district regulations.
There are many additional commercial uses permitted, other than the use for a used car lot.
5. The extent to which the proposed use may injure or detrimentally affect the use of enjoyment of property in the area.
Based upon the site’s zoning and long use as a commercial property, it is not expected to affect any of these issues.
6. The extent to which the proposed use will create excessive stormwater runoff, air pollution, noise pollution or other environmental harm.
This lot will not create any more extensive noise, air, or environmental pollution than other area automotive uses that don’t require a Special Use Permit.
7. The extent to which there is a need for the use in the community.
Given there have been over 12 Special Use Permit applications approved (and several applications denied) for used car lots over the past few years and given the abundance of used car lots along the US 40 Highway corridor, there appears to be little need for an additional used car lot in this area.
8. The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to this article.
If approved with a Special Use Permit, the application appears to satisfy the requirements Section 14-416 of the Unified Development Ordinance.
9. The extent to which public facilite and services are avaliable and adequate to meet the demand for facilities and services generated by the proposed use.
This is a commercial property with an existing building with all public facilities in place.
10. Conformance of the proposed use to the comprehensive plan and other adopted plans and polices.
The City’s updated Comprehensive Plan envisions Community Commercial uses for this site. The Comprehensive Plan envisions fostering redevelopment opportunities within the City to revitalize unused or underused property. Staff does not believe adding a 7th used car lot along this stretch of US 40 meets that guiding principle.
11. The extent to which the use will impact sustainability or revitalization of a given area.
This Special Use Permit would allow this business to utilize a vacant commercial property impacting the sustainability of the facility.
Draft Planning Commission Meeting Minutes:
"Continued Case 21-200-08 – Special Use Permit – 9300 E. US 40 Highway
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. Mr. Harker stated staff is not recommending approval of this case; however, if the Planning Commission would like to approve this case, the following eight conditions should be required:
1. Parking and vehicle storage area one of the spaces must be marked as van accessible ADA space with proper marking and signage
2. No vehicles shall be displayed, stored, or parked in the right-of-way
3. Parking lot should be striped in accordance with the UDO
4. Two customer parking spaces shall be provided as handicap with one being the van accessible handicap space as mentioned above
5. Parking lot and building landscaping must be provided in accordance with the UDO
6. Upgrade exterior paint
7. Masonry trash enclosure and trash removal service must be constructed
8. All site improvements should be completed prior to City business license being approved for vehicle sales business
In response to Commissioner Preston’s question, Mr. Harker stated nearly the entire parcel is paved. Mr. Harker noted any green space is in the right-of-way.
In response to Commissioner Preston’s question, Mr. Harker stated the Comprehensive Plan calls for this property to be designated as residential.
Applicant Comments
Joseph Saitta, 10606 N. Willow Ave., Kansas City, stated he is from the Independence area and is invested in the area. Mr. Saitta reviewed several properties that he has purchased and rehabbed. Mr. Saitta stated he will ensure the conditions as reviewed by staff will be met and listed each condition that he understood what is required.
In response to Commissioner Michell’s question, Mr. Saitta stated he will rent this property to a used vehicle tenant. He stated he has someone interested in running the lot and stated he will ensure whatever tenant goes into this property is an asset to the community. Mr. Saitta said he cannot imagine this lot being used for any other commercial use.
Commissioner Preston asked Mr. Saitta if he knew there were six other used vehicle lots nearby when he purchased the property. Mr. Saitta stated this section of US 40 Highway is comparable to Noland Road, where several car sales lots can succeed in a small area.
In response to Commissioner Young’s question, Mr. Harker stated there is no cap on the number of used car lots that can have a business license in the city. Commissioner Young stated he would like to see a cap on the number of used car sales lots allowed in the City limits.
Chairwoman McClain asked if he has a backup plan if the Commission and City Council don’t approve this use. Mr. Saitta stated without significant investment, this property would not service a different type of business.
In response to Commissioner Young’s question, Mr. Saitta stated he agrees with the eight conditions as stated by staff and will work to make this a viable business.
Public Comments
No public comments.
Commissioner Comments
Commissioner Preston stated he believes this is a practical use for this property.
Commissioner Michell stated he also believes this is a practical use for this lot.
Chairwoman McClain stated she is concerned there are already many issues that occur along 40 Highway that the City and police deal with. She added that the course needs to be changed, at some point, in types of businesses going in and people get stuck in doing the same type of businesses versus reimagining what a space or property could be. Chairwoman McClain feels that car lots are not the answer to change and, as a Planning Commission, their decisions affect the future.
Motion
Commissioner Preston made a motion to approve Continued Case 21-200-08 – Special Use Permit – 9300 E. US 40 Highway, with conditions as stated by staff. Commissioner Michell seconded the motion. The motion passed with five affirmative and two no votes."