Item Coversheet
City of Independence
BILL NO. 19-032

Agenda Title:

19-032 - 1R.  An ordinance amending the Zoning District Map as to a tract of land located at 1026 E. 23rd Street from district R-12 (Two Family Residential) to District C-2 (General Commercial) in Independence, Jackson County, Missouri.

Commissioner Preston made a motion to recommend approval of the application for C-2 (General Commercial) zoning.  A second to the motion was made by Commissioner Wiley.  The Independence Planning Commission voted as follows:


Commissioner Goldesberry



Commissioner Ferguson



Commissioner Ashbaugh



Commissioner McClain



Commissioner Wiley



Commissioner Preston









The motion passed with a recommendation for approval to be forwarded to the City Council for its consideration. Staff recommends approval of this C-2 rezoning request.

Executive Summary:

Mr. Arreola recently purchased this vacant property at 1026 E. 23rd Street along with the adjoining lot to the east (1028) which contains a building used by the applicant for his lawn and landscape business.  Unlike most properties along this segment of 23rd Street which are zoned C-2, the 1026 lot is zoned R-12 and has been since at least 1980.  The applicant now seeks to rezone the 1026 lot in order to utilize it for its business operations.  At 60 feet by 200 feet, the lot is on the small side for a commercial site and is partially fenced and paved.


This case was continued from the March 26th Planning Commission meeting to its April 23rd meeting as the application was amended revising the sought zoning classification from C-2 (General Commercial) to C-3 (Service Commercial), a zoning district that would allow for the outdoor storage of equipment.  At its April 23 meeting, after discussion about the proposed C-3 zoning, the Commission again continued the application, this time to May 14th, to allow the applicant to meet with City staff to discuss and resolve issues relating to the permitted uses and business activities allowed on the site.  At its May 14 meeting, the applicant indicated that he was satisfied with the C-2 zoning and the Planning Commission then voted unanimously to recommend approval of the C-2 zoning classification.


Current/Proposed Zoning: The current R-12 zoning permits one and two family dwellings along with churches, schools and a few other related uses.  The proposed C-2 zoning allows for retail uses, offices, restaurants, banks, business services, construction services (without outdoor storage of equipment), daycare centers, nursing homes, churches, employment agencies, schools, veterinary services, sports and entertainment facilities, and medical services. 


Adjacent Land Use and Zoning:  The site is surrounded by C-2 zoning on the south, east and west, with R-12 lying to the north, typical for this segment of 23rd Street.  A variety of uses occupy the neighboring C-2 tracts, ranging from a restaurant to a used car sales lot to a bank.  The R-12 properties north of the subject site contain an assortment of single family homes and duplexes.


Comprehensive Plan:  The City’s new Imagine Independence 2040 Comprehensive Plan envisions ‘Residential Neighborhood’ for the vicinity.  The Comprehensive Plan seeks to provide convenient and concentrated commercial developments.  The C-2 would match the nearby C-2 zoning and be more compatible with the nearby residential zoning.


Screening and Fencing:  With rezoning the property, a screen in accordance with the UDO shall be provided.  In addition, the barbed wire at the top of the fence along the front of the property is not allowed and shall be removed.

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 area.  A guiding principle of the Comprehensive Plan is to provide convenient and concentrated commercial development at the intersections such as at Noland and 23rd and Lee’s Summit and 23rd.

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 of the site would be compatible with the surrounding properties.

4.      The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – This proposed C-2 zoning and it’s permissible uses is more compatible with the other properties along 23rd Street as well as the nearby residential uses.

5.      The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – The site’s current R-12 zoning is an anomaly here when comparable to zoning and use of adjacent properties to the east, west and south.

6.      The length of time the subject property has remained vacant as zoned – Until recently, the sister property at 1028 was vacant for several years.

7.      The extent to which approving the rezoning will detrimentally affect nearby properties – Rezoning the property to C-2 District would match the existing zoning along 23rd Street and be compatible with the nearby neighborhood-oriented environments. 

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 – Rezoning to C-2 would allow the use except that there would be no outside storage of equipment and it would be more compatible with the adjoining uses.


Planning Commission Action:  At its May 14, 2019 Planning Commission meeting, the motion for approval of C-2 passed 5-0, 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.

  1. That, public hearings were held pursuant to notices duly published according to law, at which time all interested parties were given the full opportunity to be heard.
  2. That, the R-12 zoning classification allows for single- and two-family dwellings and various other uses (cemeteries, schools, government facilities and some agricultural activities).
  3. That, rezoning this tract to C-2 would permit retail uses, offices, restaurants, banks, business services, construction services (without outdoor storage of equipment), daycare centers, nursing homes, employment agencies, veterinary services, sports/entertainment facilities, and medical services. 
  4. That, at the Planning Commission hearings, no one spoke in opposition to the rezoning application.
  5. That no protest petition was submitted in opposition to the application.


Draft Planning Commission minutes:

1.       Case #19-100-04 – Rezoning – 1026 E. 23rd Street S

Staff Presentation

Stuart Borders presented the case.  Mr. Borders stated City staff met with the applicant and reviewed the requirements of both C-2 and C-3 zoning.  Mr. Borders stated the application said he could meet the standards of the C-2 zoning.  Mr. Borders noted staff recommends approval of the C-2 rezoning. 


Applicant Comments

Victor Arreola, 1028 E 23rd Street S, stated he can work within the C-2 zoning restrictions.


Public Comments
No public comments.



Commissioner Preston made a motion to approve Case #19-100-04 – Rezoning – 1026 E. 23rd Street S. Commissioner Wiley seconded the motion.  The motion passed with five affirmative votes.

Department:          Community DevelopmentContact Person:          Tom Scannell

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

Council Action:          Council Action:         

ApplicationBackup Material
MapsBackup Material
Staff ReportBackup Material
Letter from ApplicantBackup Material
Notification InfoBackup Material
Draft OrdinanceOrdinance