The applicant, Wayne Zambelli, requests to rezone the property l from District C-2 (General Commercial) to District C-3 (Service Commercial) to permit the existing lawn care business to have outdoor storage. A 14,320.9-square foot tract, with an existing, block, service station building sets halfway back on the property.
This property has been zoned C-2 for several decades. Over the years it has been used as a variety of commercial uses with the most recent being an auto repair business. There is a paved parking and driving surface in the front in front of the building with unimproved surfaces to the side and rear. City ordinances require all parking, driving and storage surfaces to be paved. The front parking/driving surfaces will need some repairs as well as striping and signage and striping for van-accessible parking. Further, the unimproved surfaces on the side and rear will need to be improved to City standards. Plans will need to be submitted to and approved by the City in order to ensure proper stormwater runoff and compliance with other City requirements.
The UDO requires all outdoor storage areas to be screened. This can be in the form of walls, fences, or berms in combination with a 100 percent opaque landscape screen.
If the rezoning request is approved, all departmental concerns and regulations would be ensured prior to issuing the Business License and as part of the permitting process.
Consistency with Independence for All, Strategic Plan:
The application is within keeping with the Goal of, “Growth – Increase in economic prosperity.”
Comprehensive Plan Guiding Land Use Principles:
The City Comprehensive Plan recommends Residential Established Neighborhood uses for this area. A little bit to the west and east, the Comp Plan envisions Mixed Use and Neighborhood Commercial, respectively The area is a mix of uses from a trash service and tow lot to restaurants/bars to residential.
Historic and Archeological Sites:
There are no apparent historic/archeological issues with this property.
Public Utilities:
Water, sewer and electrical services are available to the properties.
Parking and Driving Surface:
The parking and driving surfaces will need to be resurfaced to store equipment and merchandise. This will need to be done in a manner addressing the environmental concerns and regulations enforced by Community Development and Municipal Services.
Landscaping:
Landscaping improvements may be required if the value of any improvement to the site exceeds 30-percent of the market value of the property as outlined in the UDO.
Trash Enclosure:
The current trash enclosure along Truman Road will need to be screened by a trash enclosure in accordance with the UDO requirements.
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 Established Neighborhood uses for this property. To the west and east, the Plan envisions Mixed Use and Neighborhood Commercial, respectively
2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts.
The area is designated as the Downtown Redevelopment Area;
3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning.
The proposed zoning is compatible with the existing C-2 and I-1 zonings Northeast of this site and commercial uses along the Truman Road corridor;
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
This stretch of Truman Road contains a variety of heavier commercial and service uses such as a auto repair, trash service and tow lot. The property’s use for a lawn care and landscaping business fit in with these uses. The existing building’s design and layout is also compatible with others in the vicinity;
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.
The property has been used for a variety of commercial uses over the year with the most recent being a auto repair business. The proposed C-3 zoning would be in keeping with the existing uses along Truman Road.
6. The length of time the subject property has remained vacant as zoned.
This property has been many commercial uses over the years with the most recent being an auto repair business.
7. The extent to which approving the rezoning will detrimentally affect nearby properties.
With the required screening any detrimental effects could be mitigated;
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, the business would not be able to store equipment or merchandise without constructing a building. If approved, use would require improvement to the parking and driving surfaces.
Draft Planning Commission minutes:
"Case 22-100-12 - Rezoning – 10725 E. Truman 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.
Applicant Comments
Attorney Bill Moore, 4510 Belleview Ave., Kansas City, MO, speaking on behalf of Wayne Zambelli, advised that Mr. Zambelli is attempting to start his lawncare business and hoping to do so at this location and make the necessary improvements.
Wayne Zambelli, 10908 N. Wabash Ave., Kansas City, MO, retired military veteran and came back to Kansas City area. He explained he started a lawn care and snow removal company, and his business took off. He specializes in commercial properties and government contracts. Mr. Zambelli explained this is way to give back and help community by providing employment and choosing Independence for his business location.
Public Comments
No public comments.
Motion
Commissioner Wiley made a motion to approve Case 22-100-12 - Rezoning – 10725 E. Truman Road. Commissioner Ferguson seconded the motion. The motion passed with six affirmative votes."