After unsuccessfully marketing their 2.33-acre tract, the landowner decided that dividing the entire tract into several smaller lots would improve its sales potential as buyers wanted only a portion of the property, not its entirety with its multiple commercial and residential buildings. A surveyor was contacted to complete a minor subdivision plat splitting the property into three lots. However, while most of the site was zoned was zoned C-2, a 60-foot strip along the rear (north) side of the lot is zoned R-6. The proposed rezoning of the 60-foot strip north of the western properties will bring the proposed lots into zoning conformance yet have no impact upon their use. No changes to the site are planned in conjunction with this rezoning. A copy of the rezoning plat, with the site improvements, proposed lots, and rezoning areas shown, is attached.
PHYSICAL CHARACTERISTICS OF PROPERTY:
The 1310/1312 property (proposed Lot 2) contains a single-family home, used as a parsonage, on the front of the site with a storage building and commercial building in the rear of the lot. The commercial building, which is used by a church, is separated from the highway by a 10+ space parking lot for parishioners.
The site improvements for 1308 (proposed Lot 3) are limited to a small commercial building (formerly a barber shop) and a small parking lot. The northern end of the site is lawn area with a gentle slope to the northwest with little tree cover.
CHARACTERISTICS OF THE AREA
Most of the frontage along the highway consists of an eclectic mix of commercial uses, many of which are automotive related (sales, repair, parts). While uncommon, there are several occupied single-family homes at various sites along US 24 Highway, several being less than a mile from this site.
Consistency with Independence for All, Strategic Plan:
There are no provisions in the City’s Strategic Plan for a zoning realignment as proposed by the applicant.
Comprehensive Plan Guiding Land Use Principles:
While only a minor revision, the C-2 proposal could be considered consistent with the principle “Foster redevelopment opportunities within the City to revitalize used or underused property”. It also meets the policies to “Encourage redevelopment or adaptive reuse of vacant or underutilized buildings and sites.”
Zoning:
District C-2 allows residential above the first floor and in 50% of the first-floor area, retail sales, restaurants, entertainment venues, government facilities, churches, schools, utilities, artist workspaces, employment and business support services, restaurants, banks, medical services, offices, parking, personal improvement services, and artisan uses.
Historic and Archeological Sites:
There are no apparent historic/archeological issues with this property.
Public Utilities:
All utility services are connected to the property and are operational.
Environmental, Storm Water and Stream Buffer:
There are no reports of this property experiencing any environmental degradation. The property is neither in a floodplain nor near a stream requiring accompanying stream buffer zones.
CIP Investments:
The Missouri Department of Transportation (MoDOT) plans to modify driveway approaches along US 24 Highway reducing the number and, in some instances, adjust their alignment. Driveways to 1308/1310/1312 will be reduced from three to two and realigned; the 1322 property will retain its narrower residential driveway approach, however. A five-foot sidewalk will be added on the north side of the highway, with a ten-foot trail on the south side. MoDOT’s US 24 Highway Safety Improvement project is scheduled to commence in 2023.
Driveways and Parking Lots:
Other than the new driveway approaches/sidewalk being reconstructed by MoDOT next year, no other parking lot or driveway improvements are planned.
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.
While the Comprehensive Plan envisions Residential Neighborhoods uses for this area, the category does envision pockets of local commercial activity.
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 subarea plans that encompass these proposed rezonings.
3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning.
This site is not within any overlay zoning district.
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
Due to the nature of this application, the proposed zoning change will not have any impact on the character of the neighborhood.
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.
The proposed C-2 zoning for the northern 60 feet of the other proposed lots is certainly more suitable than its current residential zoning.
6. The length of time the subject property has remained vacant as zoned.
Most buildings on the site are, or were recently, occupied.
7. The extent to which approving the rezoning will detrimentally affect nearby properties.
It’s not expected that this minor rezoning proposal will have any detrimental effect on nearby 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 this rezoning is denied, the owner will not be able to divide and sell parts of the property.
Draft Planning Commission minutes:
"Mr. Borders noted Case 22-100-15 and Case 22-100-17 would be a joint presentation.
Case 22-100-15 – Rezoning – 1322 E. US 24 Highway
Case 22-100-17 – Rezoning – 1308, 1310 and 1312 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.
In response to Commissioner Michell’s question, Mr. Borders stated most of the lot is already C-2, and clarified the rezoning is only for the 60 feet in the back. Mr. Borders stated churches are allowed in all zoning districts.
Applicant Comments
Jeff Lovelace, 929 SE 3rd Street, Lee’s Summit, stated they are in agreement with the staff report and recommendations. He stated the owner has had a hard time trying to sell the property with the different zoning districts on the parcel.
Public Comments
No public comments.
Commissioner Comments
In response to Commissioner Nesbitt’s question, Mr. Borders stated a minor subdivision application is being processed to split the properties. He noted minor subdivisions are completed at the staff level.
Assistant City Attorney Joe Lauber stated he believes this is a good rezoning because it will clean up a property that has multiple zonings. Mr. Lauber said any time a property has more than one zoning, it should be rezoned if possible.
Motions
Commissioner Nesbitt made a motion to approve Case 22-100-15 – Rezoning – 1322 E. US 24 Highway. Commissioner Young seconded the motion. The motion passed with six affirmative votes.
Commissioner Nesbitt made a motion to approve Case 22-100-17 – Rezoning – 1308, 1310 and 1312 E. US 24 Highway. Commissioner Ferguson seconded the motion. The motion passed with six affirmative votes."