The City of Independence wants to rezone and replat a 0.9534-acre tract of land (Central Court, Lots 1-7) to then sell so it can be developed for single-family homes and stabilize the existing single-family neighborhood. The property at 410 E. Sea Avenue could be five lots, that when developed, will complement the surrounding neighborhood. Located northwest of the intersection of E. Sea Avenue and S. Hocker Street, the lots will back up against Woodlawn Cemetery, be immediately across E. Sea Avenue from a row of homes and adjacent to an existing single-family home to the west.
The R-12 zoning classification allows for one and two-family dwellings and various other uses (schools, churches, government facilities, cemeteries, home-based daycare, agriculture and others with conditions), while R-6 allows the same but not the two-family dwellings.
The Comprehensive Plan envisions Residential Neighborhood uses for the vicinity.
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 Residential Neighborhood 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 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 uses in the surrounding neighborhood, which are single-family residences in an R-12 district;
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – The proposed zoning and allowed uses will be compatible with character of the existing 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 – Given the existing single-family neighborhood, the property is more suitable for single-family uses verses two-family uses;
6. The length of time the subject property has remained vacant as zoned – The tract has been vacant for decades;
7. The extent to which approving the rezoning will detrimentally affect nearby properties – The proposed zoning and use is completely consistent with the surrounding single-family neighborhood;
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 – Approval of the application is a positive for the neighborhood and the City at large, reinforcing the single-family character of the neighborhood.
Planning Commission Action: At its May 22, 2018 Planning Commission meeting, the motion for approval passed 4-0, after consideration of the following facts:
- That, the rezoning is consistent with the review criteria listed in Section 14-701-02 of the City Code.
- 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.
- That, the R-12 zoning classification allows for one and two-family dwellings and various other uses (schools, churches, government facilities, cemeteries, home-based daycare, agriculture and others with conditions), while R-6 allows the same but not two-family dwellings.
- That, this property has been zoned R-12 (or its equivalence in the previous Code) since at least 1965.
- That, the rezoning of the property to R-6 would prevent the construction of duplexes on the proposed lots.
- That, at the Planning Commission hearing, no one spoke in opposition to the rezoning application.
- 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.