Property History:
The November 1965 zoning map shows a small neighborhood commercial area at the intersections of Kentucky Road and Cedar and Huttig Avenues. This commercial node included about 25 lots and was zoned C-1. With few exceptions, the properties are now in residential use, even those originally constructed for commercial use. Since that time, three of the lots have been rezoned: two to residential use (R-6/R-12) and the other to office (O-1).
Proposal:
Along with the adjoining property to the west, Milewide Inc. (Milewide) purchased this property in November of last year to use as a rental property. After discovering both properties were zoned C-1, Milewide decided to rezone both lots to the level of residential zoning to match the property’s actual use. As this 10103 property contains a single family, R-6 is the requested zoning classification.
Physical characteristics of the property:
The property is small, being only 50 feet by 100 feet (5,000 SF) in size and contains one, single family home. Milewide states the house is a two-bedroom structure containing about 900 SF, above a crawl space. It’s a light blue, wood frame structure featuring a covered front porch. Behind the house is an open yard area; between the house and Kentucky is consumed by an asphalt parking area.
Characteristics of the area:
This area of northwest Independence consists of mostly older homes on average to small sized lots constructed in the middle of the last century. Except for the commercial node which this lot is part of, the zoning in the vicinity is R-12. Even within this C-1 node here at the Kentucky/Huttig/Cedar crossroads, most of the commercial buildings were converted into residential use.
Consistency with Independence for All, Strategic Plan:
The rezoning of this property for its residential use will help stabilize this neighborhood, an objective of the Strategic Plan.
Comprehensive Plan Guiding Land Use Principles:
The Plan recommends that existing residential areas be preserved and enhanced over time. The proposed R-6 zoning here will follow that objective.
Zoning:
The current C-1 zoning permits offices, restaurants, personal services, small retail, uses but not single-family homes, duplexes, or apartments. The R-6 zoning classification allows for one, single-family home per lot with nonresidential uses limited to home-based child-care, government facilities, churches, schools, utilities, cemeteries, crops, and gardening.
Public Utilities:
Water, sanitary sewer, and electrical services are connected to this property.
CIP Investments:
There are no City capital improvement projects (CIP) planned for this area.
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. The proposed rezoning is in conformance with the Comp Plan.
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 neighborhood or sub-area plans that include this site.
3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning.
The proposed R-6 zoning is akin to most of the area’s R-12 (Two Family Residential) zoning and the use of the property for a single-family home is compatible with other residential properties in the area.
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
The proposed R-6 zoning, and the existing single-family home will be in character with this older neighborhood in the northwest part of the city.
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.
Due to the property’s relatively small size and being sited in this now primarily residential area, the property has minimal potential commercial use.
6. The length of time the subject property has remained vacant as zoned.
This property has contained one single-family home for decades.
7. The extent to which approving the rezoning will detrimentally affect nearby properties.
Changing the zoning of the site to R-6 will have no detrimental affect 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 the rezoning is denied, it could negatively affect any future sale of financing of the lot; the proposed zoning change is unlikely to have significant effect on those other issues.
Draft Planning Commission meeting minutes:
"Case 23-125-03 – Rezoning/PUD – 10101 E. Kentucky Road
Case 23-100-08 – Rezoning - 10103 E. Kentucky Road
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 outlined the following conditions:
1. The number of dwelling units in the building is limited to three units.
2. Install a six-foot privacy fence along the southern (rear) property line.
3. The City Council approves a 30% density increase to allow the building to retain three dwelling units.
4. If required by the Fire Department, the dumpster must be relocated to a safer site.
5. The owners must obtain and maintain the proper City business and landlord licenses.
6. Before any business/landlord licenses are approved however, the 10101 and the 10103 properties must be replatted to shift the common lot line east five to ten feet to provide more area for the 10101 lot and the necessary parking for this structure. The distance for the line relocation will depend on the distance between the structures on the two lots.
Applicant Comments
Christopher Carter, 18412 W 114th St, Olathe, KS, stated they purchased the properties in November, and we are aware they were non-conforming residential units. He said that they would like to correct the zoning and ensure if there was a total loss, the insurance company would pay to construct similar buildings. Mr. Carter stated that they made some improvements to units to make them rental ready and all the units are occupied currently.
In response to Commissioner Nesbitt’s question, Mr. Carter said that they agree with all staff conditions for the units.
In response to Commission Nesbitt’s question regarding 10101 E. Kentucky Road, Mr. Carter stated all work that was done was cosmetic, there was not structural work done. Mr. Carter also said they have not had inspections or signed up for the rental ready program to be a landlord.
Public Comments
No public comments.
Commissioner Comments
In response to Commissioner Nesbitt’s question, Mr. Borders confirmed they are suggesting an R-30 zoning because of the size of the lot, and stated it is listed as a condition.
In response to Chairwoman McClain, Mr. Borders said for the property of 10101 E Kentucky Road, they debated on a staff level of going to a R-18 that would allow for two units in the building but decided to go with the R-30 to keep the unit as is. He stated the issue that brought this case forward was Mr. Carter’s mortgage company wanting to ensure that if there was total loss, residential units could be reconstructed. Mr. Borders said this also allows the current tenants to stay at the property. He noted that if there was a total loss, the applicant would have to bring forward a new Preliminary Development Plan, which may allow staff to reconsider if there should be two or three units on the lot. He also mentioned, the property would need the additional 30 percent increase in density for the R-30 to work with the existing three units, which has been made a condition of approval and will need City Council approval.
Chairwoman McClain questioned if the R-30 could be approved, but if there was loss of a unit, could it only be approved to only allow two units. Assistant City Attorney John Mautino stated the case before the Commission is for an R-30 zoning which needs to be considered tonight.
In response to Commissioner L. Wiley’s question, Mr. Borders stated he’s not aware of any code violations on this property.
Motion
Commissioner Preston made a motion to approve Case 23-125-03 – Rezoning/PUD – 10101 E. Kentucky Road, with conditions as outlined by staff. Commissioner L. Wiley seconded the motion. The motion passed with six affirmative votes.
Commissioner H. Wiley made a motion to approve Case 23-100-08 – Rezoning - 10103 E. Kentucky Road. Commissioner Nesbitt seconded the motion. The motion passed with six affirmative votes."