Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 18-0031st R

Agenda Title:

18-003 - 1R. An ordinance amending the Zoning District Map as to tracts of ground located at 2415 S. RD Mize Road from District R-6 (Single-Family Residential) to District C-2 (General Commercial) in Independence, Jackson County, Missouri.
Recommendations:

Commissioner Preston made a motion to recommend approval of the application.  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

-

Yes

Commissioner Ferguson

-

Yes

 

 

 

 

The motion passed and such application is forwarded to the City Council for its consideration. Staff recommends approval of this application.

Executive Summary:

Jason Palmer, owner of three acres of land (two abutting tracts that are part of Lot 6 of Latimer Estate), intends to rezone the tracts from their current designation of R-6 (Single-Family Residential) to C-2 (General Commercial).  The property abutting RD Mize Road contains a parking lot, house and church structure (the former St. Matthew United Methodist Church) that the owner wishes to convert into an event center, generally to be used for weddings and wedding receptions.  The rear lot, which is without direct street access, is an undeveloped field.

Background:

The properties, while zoned residential and abutting properties to the east and south zoned residential as well, are primarily in proximity to nonresidential uses.  A change to C-2 zoning would be entirely compatible with the commercial uses to the west and the park and office uses to the north.  The events and traffic created by a church are not that different from the proposed use. The front lot’s house, if it remains residential in use, would become legal nonconforming.  The applicant stated at the Planning Commission meeting his intention to convert the house into a “bridal suite.”  

No changes would be made to the existing parking lot.  Access to the home and former church building would continue to be via the existing driveway and parking lot.

The landscaping for the parking lot perimeter, along the street, around the building and abutting adjacent property does not meet Code.  The cost of any internal or external improvements to the properties compare to those tracts’ market value would determine the need for additional landscaping.

Review Criteria: Recommendations and decisions on rezoning applications must be based on consideration of all of the following criteria:

 

1.      Conformance of the requested zoning with the Comprehensive Plan – The Comprehensive Plan envisions Public/Semi-Public Facility uses for these parcels;

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 adopted neighborhood or sub-area plans for these parcels;

3.      The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning –– Adjacent to the north and across the street to the west are park and commercial uses zoned C-1 and C-2.  The residential zonings, to the south and east, contain a vacant lot and the rear yards of deep single-family lots;

4.      The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – There are exterior upgrades and changes planned.  The proposed events are similar to those held at the church;

5.      The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – The property is suitable for residential, church or civic uses;

6.      The length of time the subject property has remained vacant as zoned – The church has been inactive for two months.  The house is currently occupied;

7.      The extent to which approving the rezoning will detrimentally affect nearby properties – The rezoning would be compatible with surrounding zonings;

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 would have a negative financial effect on the owner.  The former church would not have as much residential as commercial value.

Planning Commission Action:  At its December 12, 2017 Planning Commission meeting, the motion for approval passed 6 to 0, after consideration of the following facts:

 

  1. That, the rezoning is consistent with the review criteria listed in Section 14-701-02 of the City Code.
  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, rezoning this tract to C-2 would permit most office, service, retail and religious uses; District R-6 permits religious, educational, residential and some other uses.
  4. That, the proposed events on the properties (weddings and wedding receptions) are similar to uses held at the church.
  5. That, at the Planning Commission hearing, no one spoke against the application.
  6. That, at the hearing, no petition protesting this application was presented.

 

 

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


Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
DepartmentAction
Community Development DepartmentApproved
Community Development DepartmentApproved
Finance DepartmentApproved
Finance DepartmentApproved
Law DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:          Accepted

ATTACHMENTS:
DescriptionType
Draft PC SummaryBackup Material
AppBackup Material
Draft OrdinanceOrdinance
Zoning DrawingsBackup Material
Property Owner NotificationBackup Material
Site planBackup Material
Staff ReportBackup Material