Item Coversheet
City of Independence
BILL NO. 19-018Ord.No:          18998

Agenda Title:

19-018 - 2R. An ordinance amending the Zoning District Map as to a tract of ground located at 2116 S. Sterling Avenue from District O-1 (Office-Residential) to District R-6 (Single-Family Residential) in Independence, Jackson County, Missouri.

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


Commissioner Goldesberry



Commissioner McClain



Commissioner Ashbaugh



Commissioner Preston



Commissioner Wiley



Commissioner Read



Commissioner Ferguson







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

Executive Summary:

Chao Vang requests to rezone the property at 2116 S. Sterling Avenue from O-1 (Office Residential) to R-6 (Single Family Residential).


In the past, this site has been home to a dental office and most recently, a construction services office.  However, since Mr. Vang’s purchase of this property about a year ago, he has been unsuccessful in leasing or selling it.  The site contains a roughly 3,740 square foot brick office building on the south side of the lot with 29 space parking lot comprising the northern part of the site. If rezoned, the owner will convert the structure into a single family home, renovating the office space into living space.


Currently, the tract is zoned O-1, an appropriate zoning for the office building.  This zoning classification allows for apartments, churches, child care operations, hair salons, banks, artist studios, and food/beverage sales.  This property has been zoned this way going back to 1965.  As expected, the R-6 classification is more restrictive prohibiting virtually all retail, office, and service uses but allowing single family homes, church and schools.  While the surrounding properties are zoned R-12 (Two Family Dwelling), they are actually single family homes.


This property lies in the periphery of the 23rd Street commercial node, the southern quarter of the lot is designated for Neighborhood Commercial, with the remainder designated as Residential Neighborhood.  The Winner Road corridor to the north is selected for Residential Urban Neighborhoods.   The area between 23rd Street commercial node and the Winner Road Residential Urban Neighborhood is designated as Residential Neighborhood.


Public Utilities:  As this is an existing commercial building, all public utilities are available.  The Public Works Department indicates there’s a sanitary sewer main on the west side of the building. The removal of much of the parking lot will reduce stormwater run-off in addition to giving the site a less commercial appearance.

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 a combination of Neighborhood Commercial/Residential Neighborhood uses for this site.  Rezoning this property to R-6 would be in keeping with the Residential Neighborhood land use designation.

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 –– The proposed zoning classification and use is compatible with nearby properties. 

4.       The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – Although this neighborhood is zoned R-12, the bulk of the lots in the neighborhood contain single family homes.  This proposed R-6 allows for only single family homes and would be compatible with the character of the surrounding neighborhood.

5.       The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – The current zoning of the site is O-1 which prohibits single family homes.  The owner/applicant has been unsuccessful marketing the property for commercial use.

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

7.       The extent to which approving the rezoning will detrimentally affect nearby properties – This proposed down zoning action is unlikely to have a detrimental effect on nearby property.

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 – After the conversion of the building and site to single family home, the owner will have a greater chance to sell or lease the property than with the current property zoning and use. If denied, there would be no gain to the public health, safety, and welfare to the public.


Planning Commission Action:  At its February 12, 2019 Planning Commission meeting, the motion for approval passed 6-0, after consideration of the following facts:


1.       That, the rezoning is not consistent with the review criteria listed in Section 14-701-02 of the City Code.

  1. 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.
  2. That, the R-6 zoning classification allows for single-family dwellings and various other uses (cemeteries, schools, government facilities and some agricultural activities).
  3. That, the tract is zoned O-1, an appropriate zoning for the office building and allows for apartments, churches, child care operations, hair salons, banks, artist studios, and food/beverage sales. 
  4. That, at the Planning Commission hearing, no one spoke in opposition to the rezoning application;
  5. That, at the hearing, no protest petition was submitted in opposition to the application.


Draft Planning Commission Minutes:

1.       Case 19-100-02 – Rezoning – 2116 S. Sterling Avenue.

Staff Presentation

Stuart Borders presented the case.  Mr. Borders presented the Commission with a vicinity map, noting the surrounding area and surrounding zoning.  Mr. Borders presented the Commission with an aerial map showing the area and explaining the surrounding uses. 


Applicant Comments

Chao Vang, 15220 Kelly Road, Grandview, MO, stated he purchased the building because it was in good condition.  Mr. Vang stated he has been unable to find a tenant and wishes to make it into a single family home. 


Commissioner Preston asked about the plan for the parking lot.  Mr. Vang stated the parking lot could provide a great area for kids to play and they would probably add a basketball court.


Public Comments
No public comments.



Commissioner Preston made a motion to approve Case 19-100-02 – Rezoning – 2116 S. Sterling Avenue.  Commissioner Ferguson seconded the motion.  The motion passed with six affirmative votes.

Department:          Community DevelopmentContact Person:          Tom Scannell

City Clerk DepartmentApproved

Council Action:          Council Action:          Accepted

ApplicationBackup Material
Draft OrdinanceOrdinance
DrawingBackup Material
Letter from ApplicantBackup Material
MapBackup Material
Staff ReportBackup Material