Item Coversheet
City of Independence
BILL NO. 18-028Ord.No:          18874

Agenda Title:

18-028 - 2R. An ordinance approving a Special Use Permit to operate a used vehicle sales lot at 3225 and 3237 S. Noland Road in Independence, Jackson County, Missouri.

Commissioner Read 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



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 concurs with the recommendation of the Planning Commission.

Executive Summary:

RightWay Automotive Credit, seeks approval of a Special Use Permit to operate a used vehicle sales business at both 3225 and 3237 S. Noland Road.  These two lots have long been locations for new and used vehicle sales, including a Lincoln Mercury dealership.


Until a few years ago, these adjoining sites on S. Noland Road had been used for vehicle sales, both new and used.  As the these types businesses now require a Special Use Permit to operate and there has been no active business license for vehicles sales at either one of the lots since April, 2014, a Special Use Permit is now required as the legal nonconforming status for both sites expired.


RightWay Automotive Credit (RightWay) now seeks to open a used vehicle sales business utilizing both properties.  On the northern property, 3225, RightWay will occupy the southwest portion of the roughly 47,000 SF building that received a major remodel about 15 years ago, when it was a Lincoln Mercury dealership. The remainder of this building will continue to be used by the land owner for storage. The south lot, 3237, contains a 1,000+/- SF building that has been, and will be, used for a sales office.  In its attached letter, RightWay states that it plans to make only minor improvements to the site such as changing the exterior lighting to LED, a new business sign, and resealing/restriping the parking lot.


Adjacent Land Uses:  This segment of S. Noland Road is zoned either C-1 or C-2 along its frontage.  This two lots, along with the adjoining property, can be considered the southern end of the vehicle sales ‘Miracle Mile’ that Noland Road is famous for.  Other commercial uses along Noland Road include fast food restaurants, office uses, and small retail businesses.  South and east of the site is the Truman High School and other property owned by the Independence School District.


Special Use Permit Standards:  The following analysis is based on the review criteria in Section 14-704-09 of the Unified Development Ordinance.

A.    The character of the neighborhood – A used car sales lot here conforms to the character of the neighborhood with vehicle dealerships on both side of this being vehicle dealerships.

B.     The extent to which the proposed use is compatible with the adjacent zoning and uses – With vehicle sales lots on both side of this site, and additional sales lot to the north on Noland Road, this proposed business is compatible with both the uses and zoning of adjoining properties

C.     The impact of the proposed use on public facilities – As this is an established commercial site; all public facilities are in place and operational. 

D.    The suitability of the property for the uses to which it has been restricted under the applicable zoning district regulations – This Special Use Permit will allow only one additional land use not already permitted by right by the C-2 classification.

E.     The extent to which the proposed use may injure or detrimentally affect the uses or enjoyment of property in the area – Based upon the site’s zoning and use as a commercial property, it is not expected to affect any of these issues.

F.      The extent to which the proposed use will create excessive stormwater runoff, air pollution, water pollution, noise pollution or other environmental harm – As this is an existing commercial property with no site improvements are planned, these items are not an issue.

G.    The extent to which there is a need for the use in the community – As there have been about ten Special Use Permit applications for used vehicle sales considered for approval over the past few years, there seems to be a demand for this type of business.

H.    The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to this Article – If approved with a Special Use Permit, the application appears to satisfy the requirements Section 14-416 of the Unified Development Ordinance.

I.        The extent to which public facilities and services are available and adequate to meet the demand for facilities and services generated by the proposed use – This is an existing commercial building with all public facilities in place.

J.       The conformance of the proposed use to the Comprehensive Plan and other adopted plans and policies – The Comprehensive Plan envisions Commercial uses for the segment of the S. Noland Road, with public facilities to the south and industrial uses to the west.  There are no special plans or policies for this site.

K.    The extent to which the use will promote and encourage sustainability or revitalization of a given area – This Special Use Permit will allow this business to locate to a site utilizing a vacant rental space helping to sustain the commercial base of the area.


Planning Commission Action - At its March 13, 2018 meeting, the Planning Commission voted 6-0 to recommend approval of this application 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 Truman High School is to the south and southeast of the subject site and other properties owned by the Independence School District are to the east.

4.                  That, up until recently, the site was used for vehicle sales for many years.

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

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

City Clerk DepartmentApproved

Council Action:          Council Action:          Accepted

Aerial MapBackup Material
ApplicationBackup Material
Draft OrdinanceOrdinance
Letter from applicantBackup Material
Staff ReportBackup Material
SignBackup Material
PC Minutes SummaryBackup Material