Existing Conditions – This site is relatively flat and semi-cleared. Remaining trees are scattered about the properties and along the existing property lines. There is still an existing residential structure at 15804 E. Cogan Lane that has yet to be moved.
Street Design – The area of the rezoning abuts two rights-of-way, US 24 Highway and Cogan Lane. Half-street improvements with sidewalks will be required for the northern side of the Cogan Lane right-of-way.
Access –Development on Lot 8 will access US 24 Highway in a manner as required by MoDOT. Lots 1 through 7 will access directly onto Cogan Lane similar to other residences along this stretch of Cogan Lane.
Stormwater Management – The commercial property is responsible for its own on-site detention; however, the residential lots will drain to the detention basin on Lot 7. This will require an easement, with notation on the plat, that the owner of Lot 7 will maintain the basin.
Residential Screening – A 15-foot wide landscape buffer with a solid fence will be required along the east and south sides of Lot 8.
Historic Buildings and Sites/Archaeological Sites – There are no apparent historic or archaeological issues with these properties.
Public Utilities – All pertinent utilities are available in the rights-of-way or nearby easements.
Fire Protection –The Fire Department will require hydrants in the US 24 Highway and Cogen rights-of-way. The locations will be influenced by how far the commercial and residential structures on Lots 7 and 8 are off the roads.
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. Lot 8 is already commercially zoned;
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 area;
3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning –– The new C-3 zoning is compatible with adjacent and nearby commercial uses along the US 24 Highway corridor. The new R-6 zoning will be a down zone from an existing R-18/PUD zoning and would be compatible with the surrounding R-6 zoning;
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – The new C-3 zoning is compatible with adjacent US 24 Highway corridor uses and character. The R-6 zoning is reflective of the existing, nearby single-family residential pattern;
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – The existing C-2 and R-6 zonings are suitable for the corridor. The existing R-18/PUD is more suitable for R-6 zoning given the nearby single-family neighborhood;
6. The length of time the subject property has remained vacant as zoned – The existing tracts have been cleared within the past year;
7. The extent to which approving the rezoning will detrimentally affect nearby properties – If the commercial lot is developed with the proper screening/buffering and other City Code requirements; it should have an limited impact on the residential 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 – Existing residential development will not abut any C-3 use. Existing single-family uses will set across Cogan Lane from R-6 rather than R-18/PUD zoning.
Planning Commission Action: At its May 14, 2019 Planning Commission meeting, the motion for approval 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;
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 R-6 zoning classification allows for single-family dwellings and various other uses (cemeteries, schools, government facilities and some agricultural activities);
4. That, rezoning this tract to C-3 would permit contractor services, outside (screened) storage of vehicles and equipment, heavy automobile repair, warehousing, wholesaling and some light manufacturing;
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:
1. Case #19-100-05 – Rezoning – 15804 E. Cogan Lane and 15803 E. US 24 Highway
2. Case #19-310-02 – Preliminary Plat – Cogan Place Replat B
3. Case #19-320-03 – Final Plat – Cogan Place Replat B
Brian Harker presented the case. Mr. Harker presented the Commission with a vicinity map, noting the surrounding area and surrounding zoning. Mr. Harker presented the Commission with an aerial map showing the area and explaining the surrounding uses.
Commissioner Preston asked for clarification on where the basin would be located. Mr. Harker stated it would be on the frontage of Lot 7.
Chairman Ashbaugh asked where the access road would be located. Mr. Harker stated the street would be on the west side of the basin.
Dan Wilson, 1320 Lee’s Summit Road, stated he has a long history with this property. Mr. Wilson stated he would like to clean up the property. Mr. Wilson stated the commercial building will sit on US 24 Highway and would have three rental spaces. These spaces would be designed for automotive businesses. He stated the building will be nice and have overhead doors. He stated the water detention, curb and gutter, sidewalks and landscaping will all be taken care of as they build. Mr. Wilson noted there will be a privacy fence and 12-foot buffer between the commercial property and the residential properties. He stated the houses will have between 1,600 and 1,900 square feet. Mr. Wilson stated the driveway will be up against the existing property.
Chairman Ashbaugh asked if the storage would be on Lot 8. Mr. Wilson confirmed there would be storage on Lot 8. Chairman Ashbaugh asked for clarification on if the property would be zoned C-2 or C-3. Mr. Harker advised the entire commercial property would be C-3. Chairman Ashbaugh asked if this could turn into a tow lot. Mr. Borders stated the City is over the allowed number of tow lots and a Special Use Permit would be required to put in a tow lot.
Commissioner Ferguson asked about the square footage of each lot. Mr. Wilson stated there will be 70 square feet in the front yard and noted they are deep lots that will have a big back yard.
Kim Gruner, 16101 E. Cogan Lane, asked if this development would be on City water and sewer.
Commissioner Ashbaugh asked Mr. Harker for clarification. Mr. Harker advised the development would be connected to City water and sewer services.
Commissioner Preston made a motion to approve Case #19-100-05 – Rezoning – 15804 E. Cogan Lane and 15803 E. US 24 Highway. Commissioner Ferguson seconded the motion. The motion passed with five affirmative votes.
Commissioner McClain made a motion to approve Case #19-310-02 – Preliminary Plat – Cogan Place Replat B. Commissioner Wiley seconded the motion. The motion passed with five affirmative votes.
Commissioner McClain made a motion to approve Case #19-320-03 – Final Plat – Cogan Place Replat B. Commissioner Ferguson seconded the motion. The motion passed with five affirmative votes.