Item Coversheet
City of Independence
BILL NO. 19-068Postponed to 12/2/19

Agenda Title:

19-068 - 2R.  An ordinance approving a rezoning from District R-18/PUD (Moderate Density Residential/Planned Unit Development) to District C-3 (Service Commercial) for the property located at 9701 E. 35th Street S. in Independence, Missouri.[Request from applicant to postpone to 11/4][Continued from 10/7]

Commissioner Preston made a motion to recommend approval of the application for C-3 (Service 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 with a recommendation for approval failed to pass and will be forwarded to the City Council for its consideration. Staff does not recommend approval of this C-3 rezoning request.

Executive Summary:

The applicant, John Jarvis, requests to rezone a 4.78-acre vacant property, located at 9701 E. 35th Street S., from R-18/PUD to C-3 for the purpose of constructing a mini-storage facility.  The open, and relatively flat property, is the former site of a school and lies between E. 35th Street S. and E. 35th Terrace S. and sets immediately northeast of the E. U.S. 40 Highway right-of-way.


The site, to be made largely impermeable by the driving and parking surfaces and proposed buildings, would have a detention basin southwest of the office and associated parking.  The detention basin area and the periphery area around the tract adjacent to the rear walls of buildings framing the property would include all the provided green space.  The landscaped buffers on the northwest and east sides of the property would have opaque fencing and landscaping that meet residential screening requirements.


Because of the use’s office would be just east of the proposed south entrance and E. US 40 Highway, the property should be readdressed as 9700 E. 35th Terrace S.  The north access to E. 35th Street S. would be gated and for emergency vehicles only.


Consistency with Independence for All, Strategic Plan:

While this rezoning contributes to the Strategic Plan by supporting sustainable economic development, the backs of large nondescript storage buildings setting adjacent to single-family uses does not enhance the quality of the built environment.

Comprehensive Plan Guiding Land Use Principles: 

The plan designates this site for Residential Neighborhoods.  The property abuts single-family residential neighborhoods and much of it sets a ways from E. US 40 Highway and existing commercial uses.  Rezoning to a “C” district would contribute to “stripping-out” commercial along the corridor contrary to the plan’s intention to encourage nodal development.

Historic and Archeological Sites:

There are no apparent historic/archeological issues with this property.

Floodplain/Stream Buffer:

The property is not located in a flood plan; however, the City’s maps have designated a stream buffer area along the southern edge of the property.  The stream has been completely piped, so the applicant would need to have the stream buffer requirement waived.  A storm water and erosion plan will need to be developed for this property at the time of development.

Public Utilities:

All public utilities are available on or near the site.  Easements should be added for any public utilities and sewers on the property.  New fire hydrants and water lines may also be required. 

Public Improvements:

Half-street improvements, with sidewalks, would be necessary for both the E. 35th Street S. and E. 35th

Terrace S. street rights-of-way.

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 the subject property for “Residential Neighborhood”.  Again, Rezoning to a “C” district would contribute to “stripping-out” commercial along the corridor contrary to the plan’s intention to encourage nodal development;

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 for this part of Independence;

3.      The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning.

The proposed C-3 zoning, and its allowed use, is not compatible with the zoning and uses of the properties immediately to the east, north and northwest.  Service Commercial zoning allows heavy auto repair, vehicle storage, warehousing, industrial and other uses not compatible with residences.  However, C-3 zoning already exists to the west on property used for an event center;

4.      The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.

While plantings would soften the walls facing adjacent residential uses, the presence of a large storage use lining the entire periphery would clash with the adjacent single-family use.  The large area of commercial buildings and paved surfaces would not be compatible with the adjacent leafy residential neighborhoods;

5.      The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.

The C-3 zoning classification is titled “Service Commercial” and is cross between the commercial uses of the C-2 district and the manufacturing/industrial uses of the BP and I-1 districts;

6.      The length of time the subject property has remained vacant as zoned.

This R-18/PUD zoned property has been vacant since the elementary school was torn down nearly a decade ago;

7.      The extent to which approving the rezoning will detrimentally affect nearby properties.

The intensity of the use is too much of a change from the adjacent residential neighborhoods.  There should be a gradual transitioning from single-family residential to industrial uses;

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 and would remain available for multiple-family development.  If the property is rezoned to the desired C-3 zoning, any Permitted use listed for this category would be allowed.


Planning Commission Action:  At its August 27, 2019 Planning Commission meeting, the motion for approval of C-3 failed to pass 0-5, 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 R-18/PUD zoning classification allows for two-family dwellings, multiple-family dwellings and various other uses (cemeteries, schools, government facilities and some agricultural activities);
  4.  That, rezoning this tract to C-3 would permit retail uses, offices, restaurants, banks, business services, personal Improvement services, construction services (without outdoor storage of equipment), nursing homes, employment agencies/day labor, veterinary services, sports/entertainment facilities, medical services, and light and heavy automotive repair;
  5.  That, at the Planning Commission hearings, six people spoke in opposition to the rezoning application.

Department:          Community DevelopmentContact Person:          Tom Scannell

City Clerk DepartmentApproved

Council Action:          Council Action:         

Staff ReportBackup Material
Comp Plan MapBackup Material
Site MapBackup Material
Zoning MapBackup Material
Aerial ImageBackup Material
ApplicationBackup Material
Site PlanBackup Material
Letter from ApplicantBackup Material
Notification InformationBackup Material
PlatBackup Material
Draft OrdinanceOrdinance