The 4.55-acre, wooded tract, located at 420 S. Highway M-291 is not developed. It has 320-feet of frontage along Highway M-291. Until the most recent Comprehensive Plan, this corridor had been envisioned for commercial development and still has associated commercial and industrial zoning. The applicant’s property has been commercially and industrially zoned since 1965.
The Code for industrial uses, I-1 industrial and I-2 industrial, are not defined as Planned Unit Development (PUD) districts. While the Business Park designation is a PUD district, it is unlikely the mixed-use office, light assembly, and manufacturing uses would be possible for this site. While staff has recommended at times the use of a PUD district for uses not allowed in the C-2 base zoning district, those uses have remained with the C-2 and C-3 commercial zonings. Attempts to use a PUD for an industrial use in a commercial zoning would not be recommend and would not be in the spirit of the zoning code for use separations.
The I-1 industrial zoning is described as a district primarily intended to accommodate low, moderate impact service industrial uses. Given the challenges and limitations of utilities on the site, the current surrounding industrial zoned uses, staff does not believe the applicants request to rezoning this property from C-2 Commercial to I-1 industrial would be detrimental to nearby properties. As such, staff recommends approval of this zoning request.
RECOMMENDATION SUPPLEMENTAL:
After review of the 420 S. Highway M-291 site, the followings conditions have been found:
1. Sanitary Sewers are currently not available on this site. The nearest sewer infrastructure is three to five hundred feet away and relatively shallow in relation to this site. Any possible access would require access through several offsite properties. The City code provides guidance for use of septic system along with the Department of Natural Resource making a septic or lagoon system unlikely if not impossible for any typically industrial use.
2. While water is possible on the site, the closest water supply is over five hundred feet away. Connection to water would require offsite access through several private properties.
3. Access to the site off M-291 is a right-in, right-out, access only. Any access changes to the site will require MoDOT approval. The site is unlikely to ever have a full access onto M-291 making any typical industrial or commercial use unlikely. The site is also unlikely to ever have more than one access point.
4. Power service, while possible will have challenges accessing the site along this portion of M-291 Highway.
5. The site is currently surrounded to the north, south, and west with existing industrial zoned uses. A second lot adjacent to the south property line is currently zoned R-6; however, that lot is non-conforming as it has both R-6 and Industrial I-1 zoning on a single lot. The residential portion of this lot is unlikely to support residential uses in its current form with its limited access off the unfinished E Mechanic Avenue Right-of-Way.
PHYSICAL CHARACTERISTICS OF THE PROPERTY:
The heavily wooded tract abuts one right-of-way, Highway M-291. There is an existing entrance/curb cut provided along the highway. The presence of a Jersey barrier will allow for only right-in and right-out traffic. The topography is a little rough, but generally flat. Sanitary sewers are not available, and water is a few hundred feet distant away. The property is currently not platted.
CHARACTERISTICS OF THE AREA:
The heavily wooded tract abuts one right-of-way, Highway M-291. There is an existing entrance/curb cut provided along the highway. The presence of a Jersey barrier will allow for only right-in and right-out traffic. The topography is a little rough, but generally flat. Sanitary sewers are not available, and water is a few hundred feet distant away. The property is currently not platted.
PROPOSAL:
The applicant seeks to rezone the property from C-2 to I-1 in order to align the zoning with that of the properties adjacent to the north. The property has been undeveloped and vacant for many years and is not suitable for residential use given its location along the M-291 corridor and the use of abutting and nearby properties. The prospective buyer intends to establish a CDL truck driving course on the property. The Comprehensive Plan envisions Residential Established Neighborhoods.
ANALYSIS:
Consistency with Independence for All, Strategic Plan:
Rezoning this property would be consistent with the Independence for All, Strategic Plan. One of the objectives of the strategic plan include…to support development of industrial and office parks. Rezoning this property to industrial may move the City of Independence closer to achieving this objective.
Comprehensive Plan Guiding Land Use Principles:
One of the guiding principles outlined in the Comprehensive Plan is to “Foster redevelopment opportunities within the City to revitalize unused or under used property.” The policies derived from this principle encourage “redevelopment or adaptive reuse of vacant or underutilized buildings and sites.” Rezoning this property to I-1 (Industrial) and allowing an industrial use may foster use of this vacant and underutilized property with limited access to utilities.
Zoning:
Section 14-301-02-C of the Unified Development Ordinance defines I-1 districts as being “primarily intended to accommodate low to moderate impact service industrial use activities.”
Historic and Archeological Sites:
There are no apparent historic or archeological sites located on the property.
Public Utilities:
Electric services are available along the north property line, water is an available from a few hundred feet away and sewer service is unavailable at this time.
Final Plan Review and Municipal Services Permit:
Before constructing pavement for an envisioned commercial truck driving course, a Final Plan Review must be submitted to Planning and Zoning and then permits, engineering plans and calculations must be provided to Development Services. Planned access from Highway M-291 will have to be cleared by the Missouri Department of Transportation (MoDOT) as well as the City’s traffic engineer.
Access:
Access to the tract would be from an existing drive that is only right-in and right-out given the Jersey barrier. MoDOT and Municipal Services might require a study and a modification of the entrance.
Paved Surface:
The proposed driving school course, according to the applicant, will simply be a paved surface with paint and cones. The remainder of the property will be green space, including a detention basin for storm water runoff.
Vehicle Storage:
Given the tract for the proposed driving school course is adjacent to an R-6 zoned district and near another, rather than being at least 500-feet away, vehicles cannot be stored on this lot. Any proposed equipment shed should be on the Final Plan Review and meet Nonresidential Design Requirements along with any required Building Permits.
Fencing to Enclose Property:
Without a principle structure to define the exterior and interior yards, fencing to enclose the property cannot be provided.
Landscaping and Buffer/Screen:
Street trees and Parking Lot Perimeter plantings will have to be provided per Code. A 15-foot wide residential buffer with an opaque fence and required plantings per Code must be provided as a screen abutting the R-6 zoning along the south property line.
Stormwater:
When a Final Plan Review is submitted to Planning and Zoning and a permit is applied for with Development Services, storm water detention calculations for the proposed impervious driving surface will be necessary. This property is not located in Stream Buffer Zone or federally designated floodplain.
CIP Investments:
There are no MODOT or City CIP Investments planned for this area at this time.
REVIEW CRITERIA:
Recommendations and decisions on rezoning applications must be based on consideration of all of the following criteria:
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1. Conformance of the requested zoning with the comprehensive plan.
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The Comprehensive Plan envisions this area to be Residential Neighborhoods.
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2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts.
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There are no recent neighborhood or sub-area plans for this area.
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3. The compatibility of the proposed zoning with the zoning and use of the nearby property, including any overlay zoning.
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Properties along this portion of the Highway M-291 corridor are zoned R-6 (Single-Family Residential), C-1 (Neighborhood Commercial), C-2 (General Commercial) and I-1 (Industrial). Surrounding uses include: legal nonconforming salvage, tow/auto storage lots, undeveloped woodlands and fields, and single-family residences.
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4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
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The proposed zoning, I-1 and associated industrial uses, would be compatible with some of surrounding uses (particularly west of the highway). There is a single-family subdivision northeast of this site across Highway M-291.
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5. The suitability of the subject properties for the uses to which it has been restricted under the existing zoning regulations.
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The current zoning, C-2 (General Commercial), is not well suited for this site. The Jersey barrier, eliminating left-in and left-outs, makes access problematic. Most importantly, the property lacks water, sewer and easy electrical connections. Further, properties in the area are undermined and makes building structures problematic as well.
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6. The length of time the subject properties have remained vacant as zoned.
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The property is mostly wooded and has never been developed.
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7. The extent of which approving the rezoning will detrimentally affect nearby properties.
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Allowing this proposed zoning should not be detrimental to nearby properties.
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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.
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If the rezoning were denied, the applicant would have a zoning that is not usable given the lack of utilities and site instability. If approved, the proposed use (and future industrial uses) would have minimal impact on the area.
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Draft Planning Commission minutes:
"Continued Case 23-100-23 – Rezoning – 420 S. M-291 Highway
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.
In response to Commissioner Nesbitt, Brian Harker stated they are unaware of the location of the caves from the property.
Applicant Comments
John Carnes Representative of applicant Pipes, 222 W. Maple Ave, said they agree with the report of the city’s recommendations. Mr. Carnes said that Aaron Day the purchaser and developer would be utilizing the lot for CDL students to practice driving.
In response to Commissioner Nesbitt, Mr. Carnes stated that he knew they needed to come to the City first to have proper zoning.
Aaron Day, 9800 S 7 Hwy, Lake Lotawana 64086, said the lot will be used for off street driving to teach CDL students.
In response to Commissioner L. Wiley, Mr. Days stated, they have two trucks will have three at the most for driving practice.
Public Comments
No public comments.
Motion
Commissioner H. Wiley made a motion to approve Case 23-100-23 – Rezoning – 420 S. M-291 Highway. Commissioner L. Wiley seconded the motion. The motion passed with five affirmative votes."