Item Coversheet
City of Independence
BILL NO. 18-066Ord.No:          18913

Agenda Title:

18-066 - 1R. An ordinance amending the Zoning District Map as to tract of ground located at 1208 and 1210 E. US 24 Highway from District O-1 (Office-Residential) and District C-2 (General Commercial) to C-2 (General Commercial) in Independence, Jackson County, Missouri. [Motion approved to read as an emergency.]

Commissioner Cindy McClain made a motion to recommend approval of the application.  A second to the motion was made by Commissioner Virginia Ferguson. The Independence Planning Commission voted as follows:


Commissioner Goldesberry



Commissioner McClain



Commissioner Ashbaugh



Commissioner Preston



Commissioner Ferguson

Commissioner Wiley




Commissioner Read










The motion passed 5-1 and such application is forwarded to the City Council for its consideration. Staff recommends approval of this application.

Executive Summary:

Mark Cosgrove requests to the rezone part of the property at 1208 and 1210 E. US 24 Highway from O-1 (Office Residential) and C-2 (General Commercial) to C-2 (General Commercial) in conjunction with a Special Use Permit request for a used vehicle sales for the entire site.


Until it closed a couple of years ago, the Eagles Club operated its lodge here at 1210 E. US 24 Highway.  Mark Cosgrove recently contracted to purchase this property to relocate his used vehicle sale lot from its current site on E. US 24 Highway in Sugar Creek. The southwest portion of the property is currently zoned O-1 (Office Residential) and must be rezoned to C-2. This 5.35-acre lot is over 1,000 feet deep and now contains just the former lodge building and parking lot, the smaller residential building on the front of the lot (addressed as 1208) was demolished earlier this year.


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 designates this site for Residential Neighborhood uses.

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 neighborhood or sub-area plans adopted for this site.

3.         The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning – Save for this small area of O-1 included with this application, all of the frontage of this segment of US 24 Highway is zoned C-2.  A used vehicle sales lot is compatible with the auto repair shops, auto part stores, and other auto-related uses dispersed along E. US 24 Highway.

4.         The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – This segment of the E. US 24 Highway frontage here is an assortment of office, commercial and service uses including other used vehicle sales lots.

5.         The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – The small tract of O-1 zoning sought to be changed to C-2 is logical when considering it’s the tract’s minute size, its limited potential uses, and that most other properties along the highway’s frontage are already being zoned C-2.  

6.         The length of time the subject property has remained vacant as zoned.The Eagles Club property has been vacant for about two years.

7.         The extent to which approving the rezoning will detrimentally affect nearby properties.It’s not expected that the rezoning of this small O-1 tract, and the use of the entire site for a used vehicle sales lot, will have a detrimental effect 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 denied, the applicant would be forced to find another location, one that may not be suited to the applicant’s needs as well as this site.


Planning Commission Action:  At its July 24, 2018 Planning Commission meeting, the motion for approval passed 5-1, 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, the O-1 zoning classification allows for multi-family dwellings, offices, banks, restaurants, schools, churches and other uses by right, while C-2 allows those uses plus grocery stores, gasoline sales, taverns and other similar uses by right.
  4. That, this property has been zoned O-1 (or its equivalence in the previous Code) since 1984.
  5. That, the rezoning of the property to C-2 would be in conformance with the other commercially zoned lots along this segment of E. US 24 Highway.
  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

Community Development DepartmentApproved
Finance DepartmentApproved
Finance DepartmentApproved
Law DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:          Accepted

Staff ReportBackup Material
MapBackup Material
Affidavit for LettersBackup Material
ApplicationBackup Material
Draft OrdinanceOrdinance
Draft PC MinutesBackup Material
Letter from ApplicantBackup Material