Item Coversheet
City of Independence
BILL NO. 18-013Ord.No:          18858

Agenda Title:

18-013 - 2R. An ordinance amending the Zoning District Map as to tract of ground located at 19901 E. Us 40 Highway from District R-A (Residential-Agricultural) to District C-3 (Service Commercial) in Independence, Jackson County, Missouri.

Commissioner Preston made a motion to recommend approval of the application.  A second to the motion was made by Commissioner Read. The Independence Planning Commission voted as follows:


Commissioner Goldesberry



Commissioner McClain



Commissioner Ashbaugh



Commissioner Preston



Commissioner Boley



Commissioner Read



Commissioner Ferguson







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

Executive Summary:

MOAZ Construction (MOAZ) is an enterprise that provides underground utility services throughout the metro area.  MOAZ purchased this property in late 2006 and began using the site for its business shortly thereafter.  However, no City business license was obtained by the company.  As the business expanded, more of the site was consumed for its vehicle, equipment and material storage.  During a recent rezoning action northeast of this site, staff became aware of the MOAZ operation and contacted the company about coming into compliance with the City Code. 


Since its acquisition of the property, MOAZ has graded out much of this 7.66 +/- acre, triangular site and laid down a gravel surface for the parking of its vehicles and equipment including service trucks, equipment trailers, cement trucks, shipping containers, and an aboveground fueling station for vehicles.  The small house on the site was converted into an office for the business.  MOAZ plans to make improvements to the property to bring the site into conformance with the City Code including a paved parking surface and stormwater management facilities.  Eventually, MOAZ plans to relocate its US 40 Highway driveway to the east, aligning it with the cross-over road which connects the divided east and west bound lanes of the highway.

Current/Proposed Zoning:  The current zoning of R-A allows for single family dwellings and various other uses (crops, schools, government facilities).  The proposed zoning of C-3 (Service Commercial) allows for contractor services, warehousing, wholesaling, and manufacturing.

Site Access:  The Missouri Department (MoDOT) states that it has no object to the proposed rezoning request nor with the existing or future driveway connections.

Comprehensive Plan:  The Comprehensive Plan envisions Low/Medium Density Residential uses for this site.

Public Utilities:  Currently, only water and electrical service are available to the site.

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 Low/Medium Density Residential 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 – The Guide for Development, Aesthetics and Service Provision for the I-70/Selsa Road Economic Development Strategy, adopted in early 1996, also envisions Low/Medium Density Residential uses for this site.

3.      The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning –– This segment of E. US 40 Highway, east of the Little Blue Parkway has experienced a slower level of development than the area around M-291 and US 40 Highway interchange.  Floodplain areas, rough terrain, and lack of sanitary sewer contribute to this pattern.  As such, development of the properties here have leaned toward land uses that necessitate fewer public services and a lower level of site improvement, like the applicant’s proposed use.

4.      The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – If properly maintained by the applicant, the proposed C-3 zoning and should be less intrusive than most C-2 uses; particularly uses like retail, restaurants and banks.

5.      The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – The permitted uses allowed with R-A zoning is restricted to one single family home per lot, some civic/government uses, and agriculture uses.  Except for the civic/government uses, the other uses are not particularly suitable for this site.

6.      The length of time the subject property has remained vacant as zoned – The property contained a single family home (now an office) many years prior to the owner’s occupancy of the site.

7.      The extent to which approving the rezoning will detrimentally affect nearby properties – With the current lot layout with US 40 Highway comprising the north and east boundaries of the site, a commercial use to the west, only the residential properties to the south remain an concern.  If the tree coverage and sloping terrain remains intact, this rezoning should not have a significant effect on those residential 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, would have a negative financial effect on the owner. 

Planning Commission Action:  At its January 23, 2018 Planning Commission meeting, the motion for approval passed 6-0, 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-3 would permit contractor services, warehousing, wholesaling and some manufacturing; R-A permits single family homes, religious uses, and agriculture uses.
  4. That, the applicant’s proposed use of the property, for a contractor/construction service, would be a good use of the property.
  5. That, at the Planning Commission hearing, one person 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

City Clerk DepartmentApproved

Council Action:          Council Action:          Accepted

ApplicationBackup Material
Draft OrdinanceOrdinance
Letter from applicantBackup Material
MapsBackup Material
Staff ReportBackup Material
PlatBackup Material
Draft PC SummaryBackup Material