Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 17-005Postponed to 5/1/2017 Council Meeting

Agenda Title:

17-005 - 2R. An ordinance amending the Zoning District Map as to tract of ground located at 15702 E. Truman Road from District R-12 (Two-Family Residential) to District C-2 (General Commercial) in Independence, Jackson County, Missouri. [Bill postponed from January 17, 2017 Council Meeting.] [Staff recommends this item be postponed to the March 6, 2017 Council Meeting at the request of the District 2 Council Member.] [Postponed to May 1, 2017 Council Meeting.]
Recommendations:

Commissioner Ashbaugh made a motion to recommend approval of the application.  A second to the motion was made by Commissioner McClain. The Independence Planning Commission voted as follows:

Commissioner Kacheroski

-

Yes

Commissioner McClain

-

Yes

Commissioner Ashbaugh

-

Yes

Commissioner Preston

-

Yes

Commissioner Boley

-

Absent

Commissioner Read

-

Yes

Commissioner Ferguson

-

Yes

 

 

 

 

The motion passed and such application is forwarded to the City Council for its consideration. Staff recommends approval of this application.

Executive Summary:

MJS, Inc. DBA Fast Stop requests to rezone a tract located at the northwest corner of S. Lee's Summit Road and E. Truman Road from R-12 (Two-Family Residential) to C-2 (General Commercial) for the purpose of operating a gas station/convenience store.  The 54,114.37-square foot property lies between N. Frandsen Road and S. Lee’s Summit Road and has one residential property abutting to the north. 

Background:

Gasoline sales will require that the property meet the Conditional Use provisions of Section 14-403.  The tract can easily meet the square footage, screening and pump setback requirements. A solid fence and associated landscaping within a 15 foot wide buffer will be required on the north.  Public Works will require half street improvements (including a sidewalk) in the N. Frandson Road right-of-way and repairs to the sidewalks in the other rights-of-way.

 

The Comprehensive Plan, which was adopted in 1993, discourages commercial development along Lee’s Summit Road, except for nodes with higher traffic, such as US 24 Highway, 23rd Street, Interstate 70 and US 40 Highway. 

 

The applicant operates an existing Fast Stop located at 15003 East Truman Road, which is about ½ mile west of this proposed location.The business has had an active business license since October 1994. The business had no property maintenance or nuisance code violations within the last four years. No issues were identified in the last three Fire Code inspections conducted by the Fire Department. Two non-critical violations were cited in the 2016 health inspection, and only 1 critical violation was cited in each of the prior three inspections. All issues were resolved in a timely manner. The property generated 118 calls for police service over the last four years for a variety of issues, with the most frequent being theft (12), disturbance (9), and alarm-business (9). This is a relatively low level of activity for this type of business. 

 

At the Planning Commission meeting, the applicant stated a likelihood and desire to maintain the existing operation at 15003 E Truman Road to continue to provide a service to those who rely on it without transportation.  The applicant further stated that he recognized that there will be a diminished demand for the utilization of the 15003 E Truman Road store, but he would like to maintain both operations in both locations for the good of the community.

 

 

Planning Commission Action: 

At its December 20, 2016  Planning Commission meeting, the motion for approval passed by a vote of 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 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 rezoning the property from R-6 to C-2 will allow the construction of a convenience store/gas station on the site;
  4. That, at the Planning Commission hearing, no residents had questions and concerns about the rezoning application;
  5. That, at the hearing, no petition protesting this application was presented.
  6. That, on December 20, 2016, the Community Development Department received a phone call from Thomas Howard, whom resides at 15840 E. Truman Rd, stating that he was not opposed to the rezoning application.

 

Planning Commission minutes are available in the Community Development Department.


Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
DepartmentAction
City Clerk DepartmentApproved

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
Staff ReportBackup Material
platBackup Material
draft ordinanceOrdinance