Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 17-090Motion Failed

Agenda Title:

17-090 - 2R. An ordinance approving a special use permit to operate a used vehicle sales lot at 3816 S Appleton Ave and 10812 E 39th Street in Independence, Jackson County, Missouri. [Postponed from August 7, 2017 Council meeting.]
Recommendations:

Commissioner Preston made a motion to recommend approval of the application with the following conditions:

  1. City Code requires all parking/display areas be paved with an all-weather surface, not gravel.  A permit is required for this paving.
  2. The screen buffer along the north property line of the 3816 S. Appleton Avenue must be composed of a combination of fencing, landscaping and open space.  Plant two street trees along S. Appleton to provide more buffering for the homes across and down the street.  The E. 39th Street also needs some landscape improvements with the placement of shrubs and small trees.  The landscape plan must be review and approved by City staff. See Section 14-503 for screening and landscaping requirements.
  3. Any site lighting added to the property must meet the standards of Section 14-508.
  4. All improvements must be completed within 60 days after the approval of the application by the City Council.

A second to the motion was made by Commissioner McClain. The Independence Planning Commission voted as follows:

Commissioner Goldesberry

-

Yes

Commissioner McClain

-

Yes

Commissioner Ashbaugh

-

Yes

Commissioner Preston

-

Yes

Commissioner Boley

-

Absent

Commissioner Read

-

Absent

Commissioner Ferguson

-

Yes

 

 

 

 

The motion passed and such application is forwarded to the City Council for its consideration.  Staff concurs with the recommendation of the Planning Commission.

Executive Summary:

Equity Trust Company requests approval of a Special Use Permit to operate a used vehicle sales business at 3816 S. Appleton Avenue and 10812 E. 39th Street S. 

 

NOTE:  The used car sales lot at 10812 E. 39th Street was previously operated under Special Use Permit ordinance #13467 approved by the City Council in November, 1996.  The SUP was issued to this site’s past owner, Fisher Automotive Company.  A condition of approval of that ordinance is that the SUP would terminate with the change of ownership.  As Equity Trust recently acquired the property, this SUP has ceased.  Should the City Council not approve the SUP for both 3816 Appleton Avenue and 10812 E. 39th Street, the Council must remand the application back to Planning Commission for it to consider a SUP for just the 10812 E. 39th Street property, for it to continue to operate as it has since at least 1996.

Background:

The property at 10812 E. 39th Street has been used for used auto sales (and RV rental) since 1996 when the City Council approved a Special Use Permit for that purpose.  However there’s no record of any business operating from 3816 S. Appleton Avenue, which is a vacant lot zoned R-12 (Two Family Dwelling). 

 

Robert Greeley recently took over an auto sales business at 10812 E. 39th Street and seeks to expand the business onto the vacant Appleton site.  At this time, the applicant plans to expand the vehicle sales and storage area onto the western 60% of the Appleton property, then sometime in the future, utilize the remaining eastern part in some manner for the business. 

 

Planning Commission Action - At its July 25, 2017 meeting, the Planning Commission voted 5-0 to recommend approval of this application, with the conditions listed above, after consideration of the following facts:

 

1.                  That the Special Use Permit is consistent with the review criteria listed in Section 14-704-09 of the Unified Development Ordinance.

2.                  That a public hearing was held pursuant to a notice duly published according to law, at which time all interested parties were given the full opportunity to be heard.

3.                  That there are single family homes to the north and east of the site.

4.That, at the Planning Commission hearing, no one spoke against the application.

5.That there are several conditions attached to this Special Use Permit that will help buffer properties to the north and east from this site.

6.That no petitions protesting the application were presented at the Planning Commission meeting.

 

 

Draft Planning Commission minutes are attached to this Council agenda item.


Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
DepartmentAction
City Clerk DepartmentApproved

Council Action:          Council Action:          Accepted

ATTACHMENTS:
DescriptionType
ApplicationBackup Material
Letters from ApplicantBackup Material
Site PlanBackup Material
Staff ReportBackup Material
Draft PC MinutesBackup Material
Draft OrdinanceBackup Material