Mr. Dyer seeks to lease this property on US 24 Highway east of Noland Road to a new tenant, a contractor that buries communications cables (i. e., fiber optic) via a Ditch Witch and similar equipment. Rezoning this property to C-3 is necessary as the contracting company seeks to store work equipment and materials outdoors. The northern 200 feet+/- of the property is zoned C-2, while the southern 200 feet is zoned R-6. It was the City’s development policy several decades ago to strip-zone the first 200 feet of the lots along most of commercial corridors to C-2 with the remainder of the lot retaining its original zoning.
This 1.21 acre tract features a roughly 3,500 SF single-story rectangular building with parking/drive areas on its east, west, and south sides. It’s primarily a brick structure with multiple garage doors on its east/west elevations. The owner indicates that no changes are planned for the building or site at this time.
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 service/commercial character established along this segment of the corridor.
Comprehensive Plan Guiding Land Use Principles for the Current Designation:
While the City’s Comprehensive Plan recommends Residential Urban Neighborhood uses here, this proposed rezoning will not be inconsistent with existing zoning along the corridor and provides an economic development opportunity for a new small business.
Public Utilities: As this is a long-established commercial property, 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 Urban Neighborhood uses for this site, but the proposed rezoning will provide an economic development opportunity for a new small business. It is unlikely this lot would be used for residential urban neighborhood uses anytime soon.
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.
With few exceptions, this segment of US 24 Highway between Noland Road and M-291 Highway is zoned C-2 and has been for decades. The list of businesses along the corridor include are eclectic mix of auto repair shops, a grocery store, dental office, a car wash, a church, and a few used car lots, to name a few. A contractor service will be compatible with this assortment of uses.
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
As mentioned previously, this proposed C-3 zoning and possible land uses are in keeping with other properties along US 24 Highway.
5. The suitability of the subject property for the uses to which it has been restricted to under the existing zoning regulations.
Previously the site had been used for light auto repair; this and other similar uses is permitted in a C-2 zoning district. The design of the building and configuration of the site is suitable for service uses which are more typical in the proposed C-3 zoning.
6. The length of time the subject property has remained vacant as zoned.
This property contains a commercial building which has been used for various purposes for the last number of 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 it would prohibit a prospective tenant from locating there.
Draft Planning Commission minutes:
"Case 22-100-07 – Rezoning – 1311 E. US 24 Highway
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.
Applicant Comments
Bill Moore, 4510 Belleview Ave, Kansas City, stated he is representing the applicant. Mr. Moore stated the applicant is seeking C-3 zoning due to the need for outside storage.
Samuel Dyer, 1622 Highland Drive, stated he has a tenant that is interested in purchasing the property if this rezoning is approved.
Commissioner Nesbitt stated he does not like that the trash is sitting outside. Mr. Dyer said the trash could be moved to the other side of the property.
In response to Commissioner Nesbitt’s question, Mr. Borders stated the chain-link fence is grandfather in. If the chain-link fence were ever damaged, it would have to be replaced with a different type of fencing material.
Public Comments
No public comments.
Motion
Commissioner Preston made a motion to approve Case 22-100-07 – Rezoning – 1311 E. US 24 Highway. Commissioner Ferguson seconded the motion. The motion passed with six affirmative votes."