Item Coversheet
City of Independence
BILL NO. 18-067Ord.No:          18914

Agenda Title:

18-067 - 1R. An ordinance approving a Special Use Permit to operate a vehicle sales business at 1208 and 1210 E. Us 24 Highway in Independence, Jackson County, Missouri. [Motion approved to read as an emergency.]

Commissioner McClain made a motion to recommend approval of the application with the following conditions:

1.  All parking/display areas shall be paved with an all-weather surface.  This would include the existing gravel area north/east of the building if this area will be used for parking/display areas.  Depending on the amount of paving, a permit may be required.

2.  Water Pollution Control states that if floor drains are present in that space the drains will be required to be connected to a solids separator, and if mechanical work is conducted then an oil/sand separator is needed. The other option would be to abandon the floor drains. If car washing is going to be conducted outside, no soap or detergents can be used. WPC would prefer car washing be conducted inside so wash water can be sent to the sanitary sewer.

3.  Any site lighting added to the property must meet the standards of Section 14-508.

4.  The ADA parking spaces need to be updated to reflect the current City and national standards for marking and signage.

5.  Four street trees shall be planted along the property’s frontage on E. US 24 Highway.

6.  All improvements must be completed prior to a City license being approved for the business. 


A second to the motion was made by Commissioner Wiley. 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 concurs with the recommendation of the Planning Commission.

Executive Summary:

Mark Cosgrove seeks to obtain a Special Use Permit for a used vehicle sales business for this property at 1210 E. 24 Highway to relocate his business here from Sugar Creek.


Mark Cosgrove recently contracted to purchase this property to relocate his used vehicle sales lot from its current site on E. US 24 Highway in Sugar Creek. To accommodate this request, two actions are necessary. The southwest portion of the property is currently zoned O-1 (Office Residential) and must be rezoned to C-2. In conjunction with the rezoning, a Special Use Permit must be obtained for used vehicle sales for the entire property.


 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 was demolished earlier this year.  Mr. Cosgrove plans to clean up the site and remodel the former lodge building to create office space, and shop space for vehicle detailing and sale prepping.  The vehicle display area will be the former Eagle’s Club parking area east of the building.


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 – Being close to the crossroads of M-291 and US 24 Highway, the character of the neighborhood is established with auto-related uses nearby.

B.      The extent to which the proposed use is compatible with the adjacent zoning and uses – With vehicle related business along E. US 24 Highway, this proposed business is compatible with both the uses and zoning of area 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 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 – After improvements are made as listed in the conditions, these concerns 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 14-409 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 Imagine Independence plan envisions Residential Neighborhoods for this site. 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 July 24, 2018 meeting, the Planning Commission voted 5-1 to recommend approval of this application with the conditions listed above, after consideration of the following facts:

  1. That, this request is consistent with the review criteria listed in Section 14-704-09 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 C-2 zoning classification allows for offices, banks, restaurants, schools, churches, grocery stores, gasoline sales, taverns and other similar uses by right.
  4. That, at the Planning Commission hearing, no one spoke in opposition to this Special Use Permit application.
  5. That the applicant is relocating his business here from another location on E. 24 Highway.



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