Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 22-0481R.

Agenda Title:

22-048 - 1R.  An ordinance approving a Special Use Permit to operate a car wash at 1337 S. Noland road, in Independence, Missouri.
Recommendations:

Commissioner Wiley made a motion to recommend approval of the application with the following conditions:

1.       A Municipal Services Environmental site inspection will be required as part of the Business License Review.  If deficiencies are found, they will need to be addressed before business license approval. 

2.       All required licenses shall be maintained.

 

A second to the motion was made by Commissioner Ferguson.  The Independence Planning Commission voted as follows:

 

Commissioner Nesbitt – Yes

Commissioner Michell – Absent

Commissioner Wiley – Yes

Commissioner Young – Yes

Commissioner McClain – Yes

Commissioner Preston – Yes

Commissioner Ferguson – Yes

 

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

Executive Summary:

Matt O’Neal seeks approval of a Special Use Permit for what had been a legal unconforming tunnel carwash until August 31, 2020 when the previous owner, Shane Davolt, failed to renew his business license.

Background:

Shane Davolt ran “The Squeaky Clean Car Wash” from 2004 through 2021.  The 0.28-acre property has operated as a car wash at this location, 1337 S. Noland Road, for approximately 50 years.  The new owner, Matt O’Neal, has been the manager there for 13-years.  No new construction or changes to the site is anticipated.  This request would reauthorize the use that has been there for decades.

The 4,080-square foot tunnel building is centered in the middle of the property.  Customers enter from Noland Road or Aberdeen Street forming ques from the pay islands at the southeast corner of the property and entering the building from its rear and exiting to the west.   Vacuum units flank the north and south sides of the building.  The tunnel building is of painted brick construction.

There is little permeable surface on the property.  The lot is largely pavement and building with no green spaces.  Decorative rock filled islands lie immediately west of the building around the existing pole sign and along the Aberdeen Street right-of-way.

 

Consistency with Independence for All, Strategic Plan:  The proposal is consistent with the strategy to “recruit business.”

Comprehensive Plan Land Use Principles:  The proposal is consistent with the policy to, “Encourage reinvestment in our existing neighborhoods.”

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

Public Utilities:  As this is a long developed commercial site, all utilities are present.

Stormwater Management:  There will be no new construction on this site.

 

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 commercial corridor contains an assortment of small to large businesses including restaurants, a convenience store, offices, small retail stores, and auto services;  

2.       The extent to which the proposed use is compatible with the adjacent zoning and uses.

As mentioned previously, there is an assortment of businesses in this area and this use has minimal impact.  The carwash facility is consistent with other existing businesses here;

3.       The impact of the proposed use on public facilities.

As this property was developed years ago for commercial uses, all public utilities are available to the site;

4.       The suitability of the property for the permitted uses to which it has been restricted under the applicable zoning district regulations.

This Special Use Permit would allow one additional land use not already permitted by right this a C-2 district; 

5.       The extent to which the proposed use may injure or detrimentally affect the use of enjoyment of property in the area.

The continuing use should not injure or have detrimental affect on the use of or the enjoyment of the properties in the area along the Noland Road corridor;

6.       The extent to which the proposed use will create excessive storm water runoff, air pollution, noise pollution or other environmental harm.

Any waste water from this business goes directly to the sanitary sewer system; and the noise from the vacuum systems will not change from what emanates from what is currently installed;

7.       The extent to which there is a need for the use in the community.

This segment of Noland Road currently doesn’t have a car wash, but there does seem to continue be a demand for this type of business in this portion of the City;

8.       The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to this article.

The applicant should be able to satisfy all requirements imposed;

9.       The extent to which public facility and services are available and adequate to meet the demand for facilities and services generated by the proposed use.

The public services and infrastructure are already there to continue to support the operation;

10.   Conformance of the proposed use to the Comprehensive Plan and other adopted plans and polices.

The Comprehensive Plan envisions Commercial uses for this site;

11.   The extent to which the use will impact sustainability or revitalization of a given area.

Continuing of the existing use should not impact the properties in the area along the Noland Road corridor.

 

Draft Planning Commission minutes:

"Case 22-200-05 – Special Use Permit – 1337 S. Noland Road

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 reviewed the following conditions:

1.       A Municipal Services Environmental site inspection will be required as part of the Business License Review.  If deficiencies are found, they will need to be addressed before business license approval. 

2.       All required licenses shall be maintained.

 

In response to Commissioner Nesbitt’s question, Mr. Harker stated he is not sure when the parking was added to the north part of the parking lot. 

 

Applicant Comments

Shane Davolt, 8544 N. Donnelly, Kansas City, stated his office mistakenly did not renew their business license and lost their Special Use Permit. 

 

Public Comments

            No public comments.

 

Motion

Commissioner Wiley made a motion to approve Case 22-200-05 – Special Use Permit – 1337 S. Noland Road, with conditions as outlined by staff.  Commissioner Ferguson seconded the motion.  The motion passed with six affirmative votes." 

Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
DepartmentAction
Community Development DepartmentApproved
Finance DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
Draft OrdinanceOrdinance
Staff ReportBackup Material
Letter from ApplicantBackup Material
Application PacketBackup Material
Notification LetterBackup Material
Notification AffidavitBackup Material
Notification InformationBackup Material
Aerial ImageBackup Material
DrawingBackup Material
Comp Plan MapBackup Material
Zoning MapBackup Material