While the title of the zoning district has changed over time, the property has been zoned for single family residential since at least November 1965 when it was zoned R-1. In November 1980 the nomenclature changed to R-1b; it was then changed to R-6 by the current City Code in July 2009, still being for single family residential use.
PROPOSAL:
Walter Bethay purchased this property on the northeast corner of Forest Avenue and College Terrace about two years ago with the intent to redevelop the site. To that end, he now seeks to rezone this 0.42-acre property to R-12, divide it into two lots, then construct a duplex on each lot. A small, vacant single-family house in the northwest corner of the site will be demolished to make way for this future development.
PHYSICAL CHARACTERISTICS OF PROPERTY
Perhaps 40% of the current lot is comprised of the abandoned right-of-way of the Kansas City Southern Railway, which crossed the property in a northeast/southwest alignment. Other than the vacant house, the only features are some trees scattered about the lot, its terrain slopes to the southwest corner of the site.
CHARACTERISTICS OF THE AREA
This area abutting Forest Avenue north of Truman Road contains single-family homes north of College Terrace and a blend of single-family homes and duplexes south of the street, which aligns with the respective zoning north and south of College. Most of the homes were constructed in the post war 1950’s. On the southwest corner of the intersection is the City Water Department’s construction office and storage lot.
Consistency with Independence for All, Strategic Plan:
An objective of the City’s Strategic Plan is to ‘Building new housing units to fill a market need.’
Comprehensive Plan Guiding Land Use Principles:
The Plan recommends that existing residential areas be preserved and enhanced over time. The retention of the R-6 zoning here will follow that objective.
Zoning:
Essentially, the only use permitted in the proposed R-12 zoning not allowed in an R-6 district is a two-family dwelling. Other allowed uses in R-12 include single family homes, home based child-care, government facilities, churches, schools, utilities, cemeteries, crops, and gardening.
Historic and Archeological Sites:
This property is in the West White Oak Neighborhood. The Historic Preservation Master Plan identifies this area as challenged as there has been a lack of new investment due to limited owner-occupied housing. The Plan identifies that more single-family, owner-occupied properties should be encouraged. The construction of duplexes would not be in keeping with the Historic Preservation Master Plan.
Public Utilities:
All utility services are available to the property and are operational.
CIP Investments:
The City does not have any capital improvements planned near this site.
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 Neighborhoods uses for this area.
2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts.
This property is in the West White Oak Neighborhood. The Historic Preservation Master Plan identifies this area as challenged as there has been a lack of new investment due to limited owner-occupied housing. The Plan identifies that more single-family, owner-occupied properties should be encouraged. In addition, this property is within the Midtown Truman Road 353 Tax Abatement program area. A goal of the Midtown Truman Road program was to revitalize neighborhoods in a manner consistent with historic preservation objectives. The construction of duplexes would not be in keeping with these plans.
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.
The retention of the R-6 zoning and the construction of single-family homes on the future two lots will be in character with neighborhood north of College Terrace.
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.
The single-family homes permitted by the R-6 zoning classification is suitable for this area north of College Terrace.
6. The length of time the subject property has remained vacant as zoned.
This property has been zoned for single family use for decades. Likewise, the existing small house on the northern end of the lot has also been there for many years but vacant for the past several years.
7. The extent to which approving the rezoning will detrimentally affect nearby properties.
The future construction of two duplexes on the site, if rezoned and subdivided, may negatively affect the nearby properties to the north and west.
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 owner will still be able to construct one single family home on each of the proposed lots.
Draft Planning Commission meeting minutes:
"Continued Case 22-100-20 – Rezoning – 701 N. Forest Avenue
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
Erwin Gard, 1040 SW Luttrell, Blue Springs, stated his applicant would like to build two duplex structures. He said if you look at the surrounding zoning, this request does fit with the neighborhoods, and he doesn’t believe it’s spot zoning. Mr. Gard said if someone is looking to purchase a single-family home on this street, they would be more worried about the apartments that could be built on the property next door to this property. He doesn’t believe single-family housing on this property would be financially feasible.
In response to Commissioner Nesbitt’s question, Mr. Gard stated he believes each unit would be around 800 to 900 square feet.
In response to Vice-Chair Preston’s question, Mr. Gard said any new construction in this area will help the neighborhood. Mr. Gard said the R-18 zoning next to this property makes it less appealing to those seeking single-family housing.
Public Comments
Scott O’Brien, 1505 W. College Terrace, stated he converted his home back to a single-family residence. He stated he and his neighbors have been restoring their houses and have seen their property values increase. Mr. O’Brien said he’s opposed to this rezoning because it’s slowly been improving, and he’s also concerned about parking.
Frank Smith, 1403 W. College Street, said he’s opposed to having more rental units in the neighborhood. He clarified there is already an apartment complex on that R-18 property. Mr. Smith stated he used to mow the apartment property and from the subject property, you can’t see the apartment complex. He said he believes the neighborhood is improving and would like to see more single-family homes in the area.
Commissioner L. Wiley asked what is causing the parking issues. Mr. Smith said he believes is due to the number of duplexes in the neighborhood. Mr. O’Brien stated he lives next to two large families who have a shared driveway, which contributes to the parking issues.
Commissioner Comments
Commissioner Nesbitt said he’s torn because he’d like to see the new construction but understands no one would want to build a single-family home on those properties. He noted, if a single-family home was built on this property, it would be too expensive for the area.
Mr. Borders clarified that all residential standards require off street parking, so any new construction would require driveways.
Commissioner H. Wiley noted the Commission is making the choice between duplexes or vacant land.
Commissioner Nesbitt said he believes duplexes would be better than a vacant lot.
Motion
Commissioner H. Wiley made a motion to approve Continued Case 22-100-20 – Rezoning – 701 N. Forest Avenue. Commissioner Ferguson seconded the motion. The motion passed with four affirmative votes."