Item Coversheet
City of Independence
BILL NO. 18-039Ord.No:          18889

Agenda Title:

18-039 - 2R. An ordinance amending the Zoning District Map as to tract of ground located at 313 N. M-291 Highway from District R-6 (Single Family Residential) to District C-2 (General 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 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 recommends approval of this application.

Executive Summary:

Richard Cash seeks to rezone this property north of his restaurant from R-6 to C-2 to provide area for his restaurant business. 


Several years ago the City obtained this property north of the applicant’s restaurant, ‘Little Richard’s Family Restaurant’ to construct a stormwater management structure on the east side of the property to alleviate flooding problems for residential properties along Peck Drive.  That project is now complete and the balance of the property is not needed and would be the responsibility of the City to maintain.  In order to ensure the highest and best use for this property in the future the City issued a Request for Proposal (RFP) in September 2015 to convey the property for a project that would result in new commercial and economic development for the community.  Little Richards Family Restaurant, LLC was the sole respondent to the RFP and the property was transferred to Little Richards.  Also included in this request is a small tract along the frontage road Mr. Cash recently acquired from the Missouri Department of Transportation (MoDOT).


The tract has been filled to an elevation roughly level with the frontage road, graded flat, and covered with a gravel surface.  To be used for a parking area, the tract must be improved with a paved surface and the proper landscaping and buffer screening installed.  The rezoning would allow the applicant to expand the existing business at a later date.


The C-2 zoning classification allows for offices, retail shops, hair salons, light auto repair, restaurants and various other related uses. The City’s new Comprehensive Plan envisions Residential Neighborhood uses for this site.  The boundaries of the land use designations are not meant to hard boundaries, and as such, a commercial use on this property does meet the vision of the Comprehensive 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 boundaries of the land use designations are not meant to hard boundaries, and as such, a commercial use on this property does meet the vison of the Comprehensive Plan.

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 sub-area plans for this site.

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 uses to the south.  However, property to the north is zoned residential and comprised of single family homes.  Any development on this site would require buffers to mitigate any potential impacts.

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.  Any development on this site would require buffers to mitigate any potential impacts.

5.      The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – Being a relatively small tract along a frontage road of an interstate adjoining a restaurant, the tract has little chance to be developed for residential use, particularly for single family residential use, it’s current zoning.

6.      The length of time the subject property has remained vacant as zoned – Except for the construction of a regional detention basin on the east side of the site, the property has been vacant for several decades.

7.      The extent to which approving the rezoning will detrimentally affect nearby properties – The use of the tract for any commercial use, including a parking lot, will require landscape screening/buffering adjacent to the residential.

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 April 24, 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, C-2 zoning allows for various office, retail, restaurant and service uses while R-6 zoning is limited to primarily single family homes.
  4. That, this property has been zoned R-6 since at least 1965.
  5. That the rezoning of the property to C-2 would allow the applicant to use the property for the future expansion of his restaurant business.
  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

ApplicationBackup Material
Letter from ApplicantBackup Material
Rezoning MapBackup Material
Draft OrdinanceOrdinance
Staff ReportBackup Material
PC MinutesBackup Material