Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 19-002 1st R

Agenda Title:

19-002 - 1R. An ordinance amending the Zoning District Map at 909 and 911 S. Crysler Avenue from District I-1 (Industrial) to C-1 (Neighborhood Commercial) in Independence, Jackson County, Missouri.
Recommendations:

Commissioner Read made a motion to recommend approval of the application.  A second to the motion was made by Commissioner Goldesberry. The Independence Planning Commission voted as follows:

 

Commissioner Goldesberry

-

Yes

Commissioner McClain

-

Yes

Commissioner Ashbaugh

-

Yes

Commissioner Preston

-

Yes

Commissioner Wiley

-

Yes

Commissioner Read

-

Yes

Commissioner Ferguson

-

Yes

 

 

 

 

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

Executive Summary:

Capital Growth Buchalter (CGB) seeks to rezone this property from its current I-1 (Industrial) zoning to C-1 (Neighborhood Commercial) to construct a Dollar General store.  Plans are still being finalized but this Dollar General will be a smaller store, containing only around 7,500 square feet.

Background:

The commercial building on this 0.75 acre tract on the northeast corner of S. Crysler and W. South Avenue has been vacant for several years but most recently contained an irrigation company.  Until about five years ago, the southwest corner of the property contained a small commercial building.

 

Currently, the property is zoned I-1 which allows for utilities and services, construction services, offices, gasoline/fuel sales, heavy equipment sales/service, manufacturing, warehousing, warehousing, and recycling services.  The proposed zoning, C-1 permits small retail shops (under 15,000 SF), offices, restaurants, personal services (nail salons, barber shops) pet stores, banks, and schools.

 

The City’s new Comprehensive Plan envisions Residential Neighborhood uses for the vicinity.  The area just south of the railroad tracks is identified at Neighborhood Commercial.

 

From W. Sea Avenue south, S. Crysler Avenue is primarily zoned I-1 with a mixture of service uses.  Properties at the intersection of S. Crysler Avenue and W. 23rd Street are zoned C-2 with a retail influence.  Land to the north and east of the subject property are zoned R-12 (Two Family Residential) and contain either a single family or two family dwelling.

 

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.  Imagine Independence 2040 encourages redevelopment of vacant or underutilized buildings and sites.  This rezoning meets that guiding principle of 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 not any 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 –– While sited in an I-1 zoned node north of 23rd Street, the businesses in the area are more light service and retail in nature such as a small engine repair and a tanning salon, companies that could operate in a commercial zoning district.  The C-1 zoning is consistent with the surrounding zoning.

4.      The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – As mentioned previously, although much of the nonresidential zoning of this segment of S. Crylser is I-1, the actual uses are more in keeping with a commercial zoning designation than an industrial designation.  The C-1 zoning is compatible with the character of the surrounding area.

5.      for the uses to which it has been restricted under the existing zoning regulations – With the number of permitted uses restricted by the I-1 zoning and the site’s relatively small size, the changing of the property’s zoning classification to C-1 could be more suitable and compatible with the nearby residential uses.

6.      The length of time the subject property has remained vacant as zoned – The property has been vacant for several years.

7.      The extent to which approving the rezoning will detrimentally affect nearby properties – If the project built on site is developed with the proper screening/buffering and other City Code requirements, it should have an limited impact on the neighboring 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 – This project is not expected to have an negative effect on the public health, safety or welfare if approved and could provide more retail opportunities for area residents.

Planning Commission Action:  At its December 11, 2018 Planning Commission meeting, the motion for approval passed 7-0, 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-1 zoning allows for retail, restaurant, service, banking, office, government, as well as schools, churches, cemeteries, and other uses specified in the City Code. 
  4. That, C-1 zoning would allow for a retail business to be located here that could help the neighborhood.
  5. That, at the Planning Commission hearing, no one spoke in opposition to the rezoning application.
  6. 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


REVIEWERS:
DepartmentAction
Community Development DepartmentApproved
Finance DepartmentApproved
Law DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:          Accepted

ATTACHMENTS:
DescriptionType
ApplicationBackup Material
Draft OrdinanceOrdinance
Staff ReportBackup Material
Rezoning MapBackup Material
Draft PC MinutesBackup Material