Item Coversheet
City of Independence
BILL NO. 18-0821st R

Agenda Title:

18-082 - 1R. An ordinance approving a Special Use Permit to operate a vehicle sales business at 10418 E. Truman Road in Independence, Jackson County, Missouri.

Commissioner Read 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 (concrete, asphalt).  Depending on the amount of paving, a permit may be required.  The existing paved surface must be resealed and properly restriped.

2.  The ADA parking space shall be updated to reflect the current City and national standards for marking and signage.  Only one ADA parking space is required.

3.  All improvements shall be completed prior to a City license being approved for the business.  

A second to the motion was made by Commissioner Preston. The Independence Planning Commission voted as follows:

Commissioner Goldesberry



Commissioner McClain



Commissioner Ashbaugh



Commissioner Preston



Commissioner Ferguson

Commissioner Wiley



- No

Commissioner Read









The motion failed 0-7 and such application is forwarded to the City Council for its consideration.  Staff concurs with the recommendation of the Planning Commission.

Executive Summary:

Robert McDevitt requests approval of a Special Use Permit to operate a used vehicle sales business at 10418 E. Truman Road.


Mr. McDevitt, seeks approval of a Special Use Permit to open a used vehicle sales lot on this property in northwest Independence.  The roughly ½ acre lot features a small two-story office building (1,300 total SF+/-) with an accompanying parking lot.  In utilizing this site the applicant seeks to display a small number of vehicles, eight to ten, at any one time in the 15 existing spaces in front of the building.  He will be the only employee selling vehicles to both on-site customers and via internet sales.  As the premises contains no garage or indoor space for vehicle maintenance and clean-up, none will be conducted on the site.  Planned improvements to the site will include seal coating/restriping the parking lot, along with fascia makeover to the building, the installation of a security system and general maintenance done on the premises.


The City’s updated Comprehensive Plan envisions Mixed Use for this segment of E. Truman Road, as part of the Maywood District.


The segment of E. Truman Road from S. Sterling Avenue west to S. Arlington Avenue is zoned primarily zoned C-2 or I-1 along its frontage.  It contains an eclectic mix including a convenience store, a trash hauler, used car lots, grocery store, auto repair, medical/dental offices, and a car wash.


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 – This site has various automotive-related uses nearby including an auto repair next door and a car wash across Truman Road.  Further east, closer to Sterling Avenue, there is a higher concentration of such uses (vehicle repair, tow lots, auto parts, and gasoline stations).

B.      The extent to which the proposed use is compatible with the adjacent zoning and uses – As mentioned previously, there’s numerous auto-related businesses in the area, so if conducted properly, this proposed use could have minimal impact on the area.

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 already 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 – As this is an existing commercial property with no site improvements planned, these items are not an issue.

G.     The extent to which there is a need for the use in the community – As there have been ten Special Use Permit applications for used vehicle sales approved since 2010, there seems to be a demand for this type of business in the city.

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 14-416 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 – This site is on the eastern end of the Maywood business district.  The City’s updated Comprehensive Plan envisions Mixed Use for this district.  There are no special plans 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 August 14, 2018 meeting, the Planning Commission voted 0-7 to recommend approval of this application with the conditions listed above, after consideration of the following facts:

  1. That, this request is not 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 this property has been primarily vacant for many years.



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

Draft OrdinanceOrdinance
ApplicationBackup Material
PlatBackup Material
Letter from ApplicantBackup Material
Letter from ApplicantBackup Material
Staff ReportBackup Material
Draft PC MinutesBackup Material