Item Coversheet
City of Independence
BILL NO. 18-034Ord.No:          18881

Agenda Title:

18-034 - 2R. An ordinance amending the Zoning District Map as to tract of ground located at 401 N. Kiger Road from District R-12 (Two-Family Residential) to District I-1 (Industrial) 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 Ferguson. 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 does not recommend approval of this application.

Executive Summary:

John Carnes, representing Rescue Tow, requests to rezone a 1.62 acre tract (site of an unused property with a vacant industrial/commercial building) from R-12 zoning to I-1 zoning.  Rezoning would enable the applicant to operate a heavy automotive repair and body work business at the site.

The proposed operation would involve the temporary parking/storage of vehicles awaiting repair; however, according to the applicant, it would not be a commercial tow lot that would tow and store for a fee.  There would not be any walk-in retail business, rather the business’s customers would be other automotive businesses needing services for themselves or their customers.

The City’s new Comprehensive Plan envisions Residential Neighborhood uses for the vicinity.  The previous Comprehensive Plan envisioned low-medium density residential, (3-7 units per acre).  Improvements to the building would trigger site improvements including parking lot improvements, landscaping, a masonry trash enclosure, screening and stream side buffers.  The nonresidential design requirements in the Unified Development Ordinance (UDO) for Industrial zonings would govern the aesthetics of any proposed structure, addition or modification; especially to the façades of buildings visible from the N. Kiger Road right-of-way.

Most of the eastern portion of the property lies within the buffer zones of a 1st Order Stream as defined by the city’s Stream Setback Ordinance.  No improvements are planned for this part of the property; however, there is an existing gravel surface within the zones.  No vehicles should be stored in this area.  Further, a small portion of the southeastern part of the property is within the 500 year flood plan.


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 new Comprehensive Plan envisions Residential Neighborhood uses for this site.  The existing plan envisions Low-Medium Density Residential uses;

2.      Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts There is not any sub-area plans;

3.      The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning –– The proposed zoning is consistent with the zoning and use to the south; however, depending on screening and other mitigating factors, uses permitted in the industrial zoning category may not be compatible with adjacent and nearby residential uses;

4.      The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – The proposed zoning and allowed uses would be compatible with character of the property to the south, but not to those to the east, north and west;

5.      The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – Both the new and existing Comprehensive Plans do not envision industrial uses along N. Kiger Road.  Residential uses and zoning are dominant to the north , west and east of the property;

6.      The length of time the subject property has remained vacant as zoned – It has been more than six months since a legal nonconforming tow lot has been discontinued;

7.      The extent to which approving the rezoning will detrimentally affect nearby properties – The legal nonconforming use that was inconsistent with the uses on the adjacent residentially zoned properties has been eliminated.  Rezoning this property reestablishes an incompatible use and is contrary to the existing and proposed Comprehensive Plans;

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. Again, it would reintroduce an incompatible use and is contrary to the existing and proposed Comprehensive Plans.


Planning Commission Action:  At its April 10, 2018 Planning Commission meeting, the motion for approval passed 5-2, 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, I-1 zoning allows for manufacturing and various other uses (warehousing, wholesaling, indoor sports facilities, construction services, shelter and veterinary services, universities, daycare, art spaces, business equipment sales and maintenance, business support services, communication services, gasoline sales, office space, laundry and repair services, carwashes, recycling centers, agriculture and others with conditions).
  4. That, this property has been zoned R-12 (or the equivalent R-2 prior to passage of the Unified Development Ordinance) since at least 1965.
  5. That, the rezoning of the property to I-1 would allow the applicant to use a property not in a state conducive to single-family development.
  6. That, at the Planning Commission hearing, no one spoke in opposition to the rezoning application.
  7. That, at the hearing, no protest petition was submitted in opposition to 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 PC MinutesBackup Material
ApplicationBackup Material
Color MapBackup Material
Letter from ApplicantBackup Material
Staff ReportBackup Material
Draft OrdinanceOrdinance