Item Coversheet
City of Independence
BILL NO. 18-022Ord.No:          18868

Agenda Title:

18-022 - 2R. An ordinance amending the Zoning District Map as to tract of ground located at 1509 and 1631 E. Salisbury Road from District R-30/PUD (High Density Residential/Planned Unit Development) and District R-6 (Single Family Residential) to District R-6 (Single Family Residential) in Independence, Jackson County, Missouri.

Commissioner McClain 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:

The City of Independence requests to rezone property at 1509 and 1631 E. Salisbury Road from R-30/PUD (High Density Residential/Planned Unit Development) and R-6 (Single-Family Residential) to R-6 (Single-Family Residential). The property consists of a 0.92-acre lot (1631 E. Salisbury Road) that was the site of a former motor court that later became multiple-family housing and a 0.45-acre lot (1509 E. Salisbury Road) with an existing single-family home. 


This area of R-30/PUD and R-6 zonings sets in an existing single-family neighborhood, which is zoned R-6.  Rezoning these lots would eliminate this zoning anomaly. The R-6 zoning classification allows for single-family dwellings and various other uses (schools, government facilities) while R-30/PUD allows for the later uses and multiple family uses, but not single-family uses.


There are no apparent historic issues with this property.

All utilities 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 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 – There are no adopted neighborhood or sub-area plans for the site;

3.      The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning - This proposed rezoning and possible uses are compatible with the uses of the surrounding single-family residential neighborhood;

4.      The compatibility of the proposed zoning and allowed uses with the character of the neighborhood - This proposed rezoning and possible uses are compatible with the character of the surrounding single-family residential neighborhood;

5.      The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – The R-30/PUD zoning designation for the northern portion of the eastern lot could be suitable, but a single-family designation for the entirety of both lots is arguably more suitable;

6.      The length of time the subject property has remained vacant as zoned – The east property contained a motor court for decades, but the lot has been vacant since at October 2016.  The western lot has an existing single-family residence;

7.      The extent to which approving the rezoning will detrimentally affect nearby properties – If rezoned, there should be not be any detrimental effects 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 – If rezoned to single-family residential, the single-family nature of the surrounding neighborhood would be reinforced.  Further, the property owner could market at least two new single-family lots and bring the western one with the existing residence into conformance.


Planning Commission Action:  At its February 27, 2018 Planning Commission meeting, the motion for approval passed 4-0, 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 these lots to R-6 allows for single-family residential and other R-6 uses.
  4. That, the single-family residence on the western lot, as currently zoned, is legal nonconforming.
  5. That, at the Planning Commission hearing, no one spoke against the application.



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

Draft OrdinanceOrdinance
Staff ReportBackup Material
App HoescheleBackup Material
PC Minute SummaryBackup Material