Gus Salman recently leased the property at 203 N. M-291 Highway for a used car sales lot in conjunction with a light auto service repair business. The property has seen various businesses over years since its original construction as a gas station years ago, including a diner and a tobacco store. The property includes a roughly 1,260-square foot building facing the north-bound lanes of M-291 Highway. The parking lot that contains 17 spaces is in poor condition and is sited on the front and sides of the building. This site has direct access to both M-291 and 3rd Street on its north side.
Mr. Salman intends to paint at least part of the building and install a single garage door on the front elevation just south of the entry doors for the auto repair aspect of the business. He projects that 65% of the business revenues will be in vehicles sales with the remainder in repair. Generally, sale vehicles will be displayed in the front (west) parking row along M-291 Highway; customer parking will be adjacent to the building.
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, given the number of used car lots along nearby US 24 Highway, staff is not supportive of this request.
Comprehensive Plan Guiding Land Use Principles: The property has been used as retail business in the recent past. The Comprehensive Plan envisions fostering redevelopment opportunities within the City to revitalize unused or underused property.
Public Utilities: All utilities are present on the site and operational.
Access: Access drives to both M-291 Highway and 3rd Street are existing and will remain unchanged.
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.
With the exceptions of a small sales lot at 2840 S. M-291 and the CarMax dealership in Eastland Center, M-291 Highway is devoid of used cars lots as proposed here. However, the stretch of US 24 Hwy from M 291 to Dickenson has 6 used car lots.
2. The extent to which the proposed use is compatible with the adjacent zoning and uses.
There are already numerous used car sales along US 24 Highway to the north, 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 other commercial uses permitted here, other than 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 uses that do not require a Special Use Permit.
7. The extent to which there is a need for the use in the community.
Excluding this application, there have been 17 applications for used vehicle sales lots since 2015. Of those, six were denied or withdrawn by the applicant. The preferred locations seem to be along US 24 Highway, Noland Road, and US 40 Highway. Given the abundance of existing used car lots along these corridors, the is little need for approval of an additional used car lot here.
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 facility and services are available 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 Residential Established Neighborhood for this site. Staff does not believe adding a used car lot along this segment of M-291 Highway 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 minutes:
"Case 22-200-06 – Special Use Permit – 203 N. M-291 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. Mr. Borders reviewed the following conditions:
1. No vehicles shall be displayed, stored, or parked in the right-of-way or in the gravel/grass area on the sides and rear of the building.
2. The parking lot shall be resealed and re-striped in accordance with City Code requirements with one of the spaces must be designated a van-accessible ADA space with proper markings and signage with at least three customer parking spaces shall be provided.
3. Landscaping must be provided in accordance with City Code standards.
4. If a trash dumpster is to be placed on the site, a masonry trash enclosure must be constructed.
5. All site improvements shall be completed prior to a City business license being approved for the vehicles sales business.
6. The trailer/shed currently along the highway used for signage must be removed and replaced with a sign in accordance with the UDO. The use of this trailer/shed for a sign is not permitted by the City Sign Code.
7. The drive entrance width from 3rd Street shall be reduced to provide better safety at this offset intersection.
Commissioner Preston stated the Planning Commission struggles with the number of used car lots in the City of Independence. He stated they have had no guidance from the City Council. He said this proposal does not have a good appearance.
In response to Commissioner Nesbitt’s question, Mr. Arroyo stated the intent of condition number seven, is to move the entrance away from M-291 Highway.
Applicant Comments
Gus Salman, 1329 NE 106th Place, Kansas City, stated used cars are his passion. He said he would like to bring a nice dealership and auto service shop to the area. Mr. Salman he will have good deals for those looking for a used vehicle. He said he will work with local businesses on purchasing goods to bring more revenue to the City.
In response to Chairwoman McClain’s question, Mr. Salman stated they will offer oil changes, brake service, and other basic services. Mr. Salman stated he’s not sure how many cars they will have for sale or service. He said it will just depend on the demand. Mr. Salman stated there may 5-15 vehicles there for service. He noted they are under contract to purchase this property. Mr. Salman said he wants to have a beautiful business and does not want it to look like a junk yard.
In response to Commissioner Nesbitt’s question, Mr. Salman stated the parking lot just needs to be sealed. Commissioner Nesbitt asked about his plan for the trash enclosure. Mr. Salman stated he plans to have the trash in the back of the building with an enclosure within the staff guidelines. Mr. Salman stated he owns several businesses and is prepared to create another successful business.
In response to Chairwoman McClain’s question, Mr. Salman stated he does not own any other used car lots. He said he has worked in used cars in the past and enjoys this type of business.
Mr. Salman stated they are okay with the conditions outlined by staff.
Public Comments
James White, 107 N Broadway, Oak Grove, stated he owns the building to the south of this location. He said his business is currently a restaurant and is in favor of this application. He said a service business would help his restaurant.
Ghazi Dinn, 9024 Kentucky Avenue, Kansas City, stated he owns a nearby property. He stated he is not opposed to having a dealership in this location.
Sandy Jordan, 16418 E. 3rd Terrace Ct N, stated she lives around the corner from this location. Ms. Jordan said she is opposed to this application due to safety concerns. She stated the entrance on 3rd Street is a busy intersection and already causes confusion with drivers. Ms. Jordan is also concerned that the applicant does not know how many cars may be sitting on the lot for service.
Mr. Salman stated if the intersection needs a stop sign or better signage, it will need to be improved for any type of business that would go in this location. He said he will only have one bay for car service, so it will not be a large operation. Mr. Salman stated they do have room to expand in the back of the lot, if they were to need more room.
Commissioner Ferguson stated she would feel more comfortable if the business was only able to service the vehicles on the lot for sale. Mr. Salman stated if the Planning Commission wants to make that a condition, he will abide by it.
In response to Commissioner Preston’s question, Mr. Salman said the current parking lot is a mix of concrete and asphalt. He stated the current lot will be resurfaced with a tar asphalt surface.
Motion
Commissioner Preston made a motion to approve Case 22-200-06 – Special Use Permit – 203 N. M-291 Highway, with conditions as outlined by staff. Commissioner Wiley seconded the motion. The motion failed with one affirmative vote and five votes in opposition."