The Wilson’s 4.5 acre property, partly in Sugar Creek and partly in Independence, is used for both their residence and business operations. The Wilson’s reside in the house in the southeast corner of the land in Independence. The Wil-Pav Asphalt Paving Company operates on the northern 2/3’s of the site in Sugar Creek, accessing Kentucky Road via a driveway through Independence.
When approached by the applicant regarding the construction of a new industrial building on the property about 18 months ago, City staff concluded that the proposed building site was completely in Sugar Creek and as such, no permit was necessary from the City of Independence. The Wilson’s recently submitted a subdivision plat application to both Sugar Creek and Independence to divide the acreage into two lots: a roughly half-acre lot for house with the remaining four acres being for the Wil-Pav business. The proposed plat showed the city boundary to be roughly 30 feet north of where it was previously thought and included the southern 40% of the new building.
Current/Proposed Zoning: The current R-6 zoning permits single family dwellings along with churches, schools and a few other related uses. The proposed I-1 zoning allows for building maintenance services, offices, vehicle repair, manufacturing, residential storage, warehousing, and construction services.
Adjacent Land Use and Zoning: The site is adjacent to R-6 zoned properties containing single family homes in Independence, to the south and east. In Sugar Creek, the C-1 zoned property containing a VFW Post lies to the west, and the Wil-Pav operation on industrial zoned land is to the north.
Comprehensive Plan: The City’s new Imagine Independence 2040 Comprehensive Plan envisions ‘Residential Neighborhood’ for the vicinity.
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.
2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts – There are no 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 I-1 zoning classification and industrial use of the site are compatible with the property to the north, but not to the east, west, and south.
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – This proposed I-1 zoning and its permitted uses are not in character with the Independence properties south and east of this site which are established single family areas. However, it is more consistent with land in Sugar Creek to the north and west which is in commercial or industrial use.
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – If not for the new building’s encroachment into Independence, and after the proper subdividing, the site could be used for a single family home, like the land to the east and south.
6. The length of time the subject property has remained vacant as zoned – Except for the recently constructed building partly in both cities, the property is vacant.
7. The extent to which approving the rezoning will detrimentally affect nearby properties – To help alleviate any detrimental effect of this industrial zoning, and help protect the residential character of the neighborhood, any further development of this tract must be screened in a manner to help conceal the use of the 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 – If denied, the applicant could not use the property for his business operations; however, if the industrial land is well managed, it should negligible impact on the public health, safety and welfare.
Planning Commission Action: At its June 11, 2019 Planning Commission meeting, the motion for approval of I-1 passed 6-0, after consideration of the following facts:
- That, the rezoning is consistent with the review criteria listed in Section 14-701-02 of the City Code.
- 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.
- That, the R-6 zoning classification allows for single-family dwellings and various other uses (cemeteries, schools, government facilities and some agricultural activities). The property owners’ personal residence, in the southeast corner of their property in Independence, is not part of this application and will retain its R-6 zoning.
- That, rezoning this tract to I-1 would permit offices, business services, construction services, warehousing, manufacturing, mini-storage, recycling services, and gasoline sales.
- That the proposed zoning will match the zoning of the applicant’s property in Sugar Creek (M-1, Light Industrial) which is used for the Wil-Pav business.
- That, at the Planning Commission hearings, no one spoke regarding this rezoning application.
- That no protest petition was submitted in opposition to the application.
Draft Planning Commission Meeting Minutes:
“Case #19-100-06 – Rezoning – 13000 E. Kentucky Road
Stuart Borders presented the case. Mr. Borders presented the Commission with a vicinity map, noting the area and surrounding zoning. He presented the Commission with an aerial map indicating the project area and explained the surrounding land uses.
Mr. Jim Gamble, 3500 S Rize Ridge Court, rose in representation of the property owners Paul and Bonnie Wilson. He stated that the Wilson’s business does asphalt and concrete work. Gamble stated the applicants contacted him to add a building to the site, initially believing the construction would be exclusively within the corporate limits of Sugar Creek. When the survey was conducted, they found 33 feet of the property is located in Independence. The City of Independence requested the Wilson’s come forward with a rezoning for the property since it was zoned residential.
Commission Preston thanked the family for coming forward to do the right thing.
No public comments.
Commissioner Preston made a motion to approve Case #19-100-06 – Rezoning – 13000 E. Kentucky Road, as presented. Commissioner Ferguson seconded the motion. The motion passed with six affirmative votes.”