Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 19-0451R.

Agenda Title:

19-045 - 1R.  An ordinance approving a rezoning from District O-1 (Office Residential) to district C-2 (General Commercial) for the property located at 20001 E. Jackson Drive in Independence, Missouri.
Recommendations:

Commissioner McClain made a motion to recommend approval of the rezoning 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

-

Yes

Commissioner Ferguson

-

Yes

Commissioner Ashbaugh

-

Yes

Commissioner McClain

-

Yes

Commissioner Wiley

-

Yes

Commissioner Preston

-

Yes

 

 

 

 

 

 

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:

David Kaster, Kaster Architects, seeks to rezone the property at 20001 E. Jackson Drive from O-1 (Office-Residential) to C-2 (General Commercial). 

Background:

In May 1998, the City Council approved the rezoning of this property and the adjoining properties south of Jackson Drive to CR-P-1 (Planned Limited Commercial/Residential) for the Hartman Heritage Park project.  Note:  When the UDO was adopted, CR-P-1 was converted to O-1.  The plan for the CR-P-1 lots proposed office or restaurant uses with the hotel and convention center.

 

This site was the former Joe’s Crab Shack restaurant until it closed about two years ago.  The building was constructed in early 2001 along with other restaurants (Macaroni Grill, On the Border) on this segment of Jackson Drive.

 

The UDO establishes definitions for both ‘Restaurant’ and ‘Bar/Tavern’.  See the definitions below.

Restaurant

An establishment having at least 50% of the gross annual income of which is derived from the sale of prepared food or meals consumed on premises; or which has an annual income of at least $200,000 from the sale of prepared meals or food consumed on such premises.

 

Bar/Tavern

An establishment primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

 

While the current O-1 zoning allows for restaurants, the owner seeks to open a Shotgun Betty’s, a country bar/restaurant that may not sell enough prepared food (50%+) to qualify as a restaurant, thus requiring C-2 zoning for the Bar/Tavern use. 

 

Aside from the rezoning, the new owners plan to make cosmetic alterations and complete deferred maintenance work on the building’s exterior. The restaurant area for both inside and outside patio is over 7,000 square feet and will receive minor décor modifications and kitchen updates and will require the necessary permits to be pulled.

 

ANALYSIS

Current/Proposed Zoning:  The current O-1 zoning permits apartments, nursing homes, churches, schools, offices, restaurants, banks, medical services and hair salons.  The O-1 zoning is intended to accommodate low-intensity office uses and buildings containing a mix of office uses and residential uses.  The UDO restricts commercial establishments in the O-1 district to no more than 5,000 square feet.  The proposed C-2 zoning allows most of those uses along with retail stores, taverns/night clubs, business services, construction services (without outdoor storage of equipment) daycare centers, nursing homes, undertaking, hotels, veterinary services, sports and entertainment facilities, and medical services.  The C-2 zoning is intended to accommodate community- and region-serving retail sales and service uses.  There is no floor area limit for the C-2 district.

 

Adjacent Land Use and Zoning:  The site adjoins O-1 zoning to the east and west, with C-2 lying to the north across Jackson Drive, all being part of the Hartman Heritage Center.  To the south, across Interstate 70, is the Eastland Center development that is zoned C-2.  Both developments’ feature an assortment of restaurants, hotels, offices, and retail businesses.

 

Comprehensive Plan:  The City’s new Imagine Independence 2040 Comprehensive Plan envisions Regional Commercial uses for the segment of Jackson Drive between the Little Blue River and Interstate 70.  The Regional Commercial category includes major commercial areas with a variety of retailers, restaurants, office and service uses.

 

Public Utilities:  All public utilities are available on the site.

 

Historic and Archeological Sites:  There are no historic issues with this property.

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 Regional Commercial uses for this area and recommends retail, entertainment, and restaurants with a mixture of housing and employment uses.

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 neighborhood or sub-area plans.

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 is compatible with the surrounding properties especially to the zoning and uses to the north and south.

4.      The compatibility of the proposed zoning and allowed uses with the character of the neighborhood – Hartman Heritage Center contains several restaurants on properties zoned O-1 The greater portion of the Center complex north of Jackson Drive is zoned C-2.

5.      The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations – While it could be used for a restaurant as it has been in the past, the O-1 zoning allows for fewer land uses and restricted to office, financial, apartment, and personal service uses.  Additionally, the O-1 district restricts building to no more than 5,000 square feet.

6.      The length of time the subject property has remained vacant as zoned – The site has been vacant since the former Joe’s Crab Shack closed in approximately 2 year ago.

7.      The extent to which approving the rezoning will detrimentally affect nearby properties – Most of the property at the crossroads of Interstate 70, 39th Street, and M-291 Highway are presently zoned C-2, this rezoning will not detrimentally affect those 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 – There are no known health, safety or welfare concerns but if denied, the proposed business will likely not locate here and the building will continue to remain vacant.

 

Planning Commission Action:  At its June 11, 2019 Planning Commission meeting, the motion for approval of C-2 passed 6-0, 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, 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.
  3. That, the current O-1 zoning permits apartments, nursing homes, churches, schools, offices, restaurants, banks, medical services and hair salons. 
  4.  That, the proposed C-2 zoning allows most of those uses along with retail stores, taverns/night clubs, business services, construction services daycare centers, nursing homes, undertaking, hotels, veterinary services, sports and entertainment facilities, and medical services. 
  5.  That, at the Planning Commission hearings, one person spoke in opposition to the rezoning application stating that a country bar here could have a negative impact on his adjoining office property, the Hartman Heritage Center development, and this part of the city in general.
  6. That no protest petition was submitted in opposition to the application.

 

Draft Planning Commission Meeting minutes:

Case #19-100-07 – Rezoning – 20001 E. Jackson Drive

Staff Presentation

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

 

Applicant Comments

David Kaster, 7304 W 130th St, Overland Park, KS, stated he represents a restaurant group that is looking to come to Kansas City.  He stated they don’t know if this market will be more food or liquor, so they wanted to rezone the property in case it does end up being over 50% liquor.

 

Public Comments
Doug Morris, 2705 Janwood Ave, The Villages, FL, stated he was the owner of the property to the east of this building.  Morris stated that his current tenant is Park University, who has classes both during the day and also at night.  He stated that parking was an issue when Joe’s Crab Shack was a tenant in this building.  He also stated concerns about the cliental that this bar may bring.

 

Mr. Kaster stated the building has been vacant for almost two years.  Kaster stated there has been a lot of damage to the building.  He reiterated that the business is a country restaurant, but they do serve alcohol.  Mr. Kaster stated the existing facilities they have in Iowa are more than 50% restaurant sales, but since they haven’t been in the Kansas City market, they can’t estimate what this store would do. 

 

Commissioner Preston asked if there would be live music.  Mr. Kaster stated there will be a small stage set up for live music.  Commissioner Preston asked what the occupancy is for the building.  Mr. Kaster stated he believes it is 270, and the kitchen would be reduced in size to allow the room for the small stage.  In response to Commissioner Preston’s question about parking, Kaster stated he believes 105 spaces are required and there are currently 115.

 

In response to Commissioner McClain’s question about landscaping, Mr. Borders stated Hartman Heritage was done through a master plan, which hasn’t changed.

 

Commissioner Preston asked if there could be a barrier between the restaurant and Mr. Morris’ building.  Mr. Kaster stated there are no walkways between the restaurant and Mr. Morris’ property.  Mr. Kaster noted the parking lots are not adjoined.

 

Mr. Kaster stated the majority of sound would be inside restaurant.  Mr. Borders stated the noise ordinance is enforced by the Police Department. 

 

Commission Wiley asked if there would be security.  Mr. Kaster stated if it was a problem, management would make that decision.

 

Chairman Ashbaugh stated he understands Mr. Morris’ concerns.  Mr. Morris stated he would like the building occupied but would like to see a better business go into this location.  He would like to see a family restaurant and would not like Jackson Drive to have competing bars around his property. 

 

Commissioner Comments

Commissioner McClain asked if landscaping would be a condition of approval.  Mr. Border stated this would not be a condition but could be reviewed during the building permit process.

 

Chairman Ashbaugh suggested Mr. Morris speak to his City Councilmember.  He stated the requested rezoning matches the surrounding area.

 

Motion

Commissioner McClain made a motion to approve Case #19-100-07 – Rezoning – 20001 E. Jackson Drive, as presented.  Commissioner Wiley seconded the motion.  The motion passed with six affirmative votes.”


Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
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City Managers OfficeApproved
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Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
ApplicationBackup Material
Draft OrdinanceOrdinance
Letter from ApplicantBackup Material
OwnershipBackup Material
PlatBackup Material
Staff ReportBackup Material