1. 23-051 - 2R.  An ordinance approving a rezoning from District R-6 (Single-Family Residential) to District C-2 (General Commercial) for the property at 17422 E. 39th Street S. in Independence, Missouri.

Commissioner Nesbitt made a motion to recommend approval of the rezoning for 17422 E. 39^th Street. A second to the motion was made by Commissioner Ferguson.  The Independence Planning Commission voted as follows:

Commissioner Nesbitt – Yes

Commissioner H. Wiley – Absent

Commissioner L. Wiley – Yes

Commissioner McClain – No

Commissioner Preston – Yes

Commissioner Ferguson – Yes

The motion passed and such application is forwarded to the City Council for its consideration. Staff does not recommend approval of this application.

A request by property owner Susan Whitehill to rezone the property at 17422 E. 39^th Street from R-6 (Single Family Residential) to C-2 (General Commercial).

Property history:

Going back to late 1965 City zoning map, this property, along with most other properties along 39^th Street, were zoned R-1 (Single Family Residential).  By 1985, virtually all the properties east of the site had been rezoned to commercial while land to the west, south, and northwest retained some level of residential zoning, mostly single family residential.  The title for this level of single-family residential zoning was changed to R-6 in July, 2009.

Proposal:

After owning and residing on this property since 2015, the owner has decided to rezone it to C-2, the typical zoning classification along 39^th Street here, to make it more marketable for future sale.  Currently, there are no prospective buyers nor any plans for any commercial development. 

Physical characteristics of the property:

This 1.77-acre lot contains the applicant’s 2,000+ square foot house constructed in the early 1970’s.  It rests in the middle of the lot with a couple of smaller out-buildings to the east and north.  The red brick house is about five feet above the elevation of 39^th Street and accessed by a single wide driveway.

Characteristics of the area:

This site is the western edge of commercial development on the north side of 39^th Street.  To the east lie Bolger Square, Independence Center, and numerous other commercial businesses.  Land uses to the west and south are primarily single-family homes with some scattered institutional uses (school, churches). Apartment lie across 39^th Street to the southeast, behind the arterial’s commercial frontage.

Consistency with Independence for All, Strategic Plan:

A strategy of the City’s Strategic Plan is to ‘Support redevelopment of key corridor through land use planning and incentives.’

Comprehensive Plan Guiding Land Use Principles:

The Plan recommends Regional Commercial uses for this site. This is the same designation of the properties to the east including Bolger Square, the Walmart/Sam’s Club Center, Independence Commons, and Independence Center. Properties to the northwest, west and south are all designated for Residential Neighborhood Use.

Zoning:

The existing R-6 zoning allows for single family homes, home based child-care, government facilities, churches, schools, utilities, cemeteries, and row crops.  The proposed District C-2 allows residential dwellings above the first floor, retail sales, restaurants, entertainment venues, government facilities, churches, schools, artist workspaces, employment and business support services, banks, gasoline stations, medical services, offices, and personal improvement services. 

Public Utilities:

While the site is currently connected to most utilities, it’s not connected to sanitary sewer; however, all the surrounding properties are connected.  If the site is converted to commercial use, sewer service will have to be extended to the property.

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 Regional Commercial uses for this site. 

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 not within any neighborhood or sub-area plans.

3.       The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning.

This site is efficiently an edge property with the residential properties to the south, west, and northwest and the commercial lands to the east and directly north.

4.       The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.

While the proposed C-2 zoning would be compatible with the land to the east and in line with our comprehensive plan, some of the uses permitted in that district (i.e., auto sales and repair) would not be in character with the residential properties to the west.  Given this rezoning proposal would make the single family home no longer conforming and that the C-2 district is the broadest commercial district with many allowed and special uses, staff does not support this speculative rezoning at this time. 

5.       The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.

At the time when the house was constructed, residential uses were dominate in this part of the city.  Times have changed and the suitability of the site for residential use has shifted to more of a commercial outlook.  However, this rezoning would be for speculative purposes as no use has been identified.

6.       The length of time the subject property has remained vacant as zoned.

This property is not vacant but contains a single-family home and has been zoned for single family use for decades. 

7.       The extent to which approving the rezoning will detrimentally affect nearby properties.

Due to the commercial properties to the east and north, the adjoining church property to the west, it’s not expected that this proposed rezoning will not have a 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. 

This rezoning is for speculative purposes only.  Depending on the ultimate future use, there may be other aspects beyond the rezoning (for example, special use permit, traffic studies, other infrastructure improvements, etc.) that may be necessary.

Draft Planning Commission minutes:

"Case 23-100-13 – Rezoning – 17422 E. 39^th Street S

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 Preston’s question, Mr. Borders stated the applicant does not have a business interested in purchasing this property at this time.  He said the property owner believes if it’s rezoned to commercial, it has a better chance to be sold. 

Applicant Comments

Susan Whitehill, 17422 E. 39^th Street, stated the surrounding businesses have high truck traffic and they believe this property would be better suited as a commercial site.   

Public Comments

            No public comments.

            Commissioner Comments

Chairwoman McClain expressed concern that there isn’t a commercial business interested in this property and it doesn’t allow the Planning Commission to see if such a use would be appropriate for that area.   

Motion

Commissioner Nesbitt made a motion to approve Case 23-100-13 – Rezoning – 17422 E. 39^th Street S.  Commissioner Ferguson seconded the motion.  The motion passed with four affirmative votes."