PC 23-100-21 Amilcar's Auto

Case #23-100-21 Amilcar’s Auto Repair 1507 W. US 24 Highway Applicant: Amilcar Miranda

Action: Rezone from (C-2) General Commercial to C-3 (Service Commercial)

Surrounding Zoning

Case #23-100-22

Comprehensive Plan

Case #23-100-22

Aerial Photograph

Case #23-100-22

BACKGROUND BACKGROUND: In April 2023, the applicant received notices of codes violations from the Business Licensing and Code Enforcement Divisions. The applicant had been storing vehicles awaiting repair or waiting to be picked-up on the site. Vehicle storage is not an allowed use in C-2 districts; this requires a C-3 or I-1 (Industrial) zoning. Additionally, the stored vehicles were overflowing on to adjacent properties not owned by the applicant and into the US 24 Highway right-of-way. In June 2023, the applicant was required to attend a mandatory Administrative Hearing with Community Development staff, in which staff discussed ways that applicant could become code compliant. In the hearing the applicant inquired about rezoning the properties to C-3 to allow for general automotive repair and vehicle storage on the properties.

PROPERTY HISTORY: This location was first platted in 1888. It was replatted in 1921. The land that comprises the current parcel was part of three lots, oriented to have frontage on Park Avenue. The property remained in this configuration for the rest of the 20th Century. In 1965, when the City of Independence introduced zoning, this area was designated C-3 (Commercial). In 1980, the zoning was updated to C-2 (General Commercial). At some point in the early 2000s the block along US 24 Highway was replatted again. The subject property is the easternmost of these three lots. When the current UDO was adopted in 2009, these properties remained C-2 (General Commercial). The properties have continued to be zoned C-2 (General Commercial) since 1980 to today.

BACKGROUND PHYSICAL CHARACTERISTICS OF PROPERTY: The applicant is operating on two lots, both owned by Mr. and Mrs. Meza. A beige metal building with three garage doors sits on the west lot. An open area exists on the east lot and is screened by a fence that extends to the outer property lines along the sides and rear of the site. The entirety of the area inside the fence appears to be dirt or gravel.

From the building setback line to the highway is an asphalt paved area used for parking and vehicle storage.

CHARACTERISTICS OF THE AREA: The area on the north side of US 24 Highway is wooded and undeveloped. Similarly, the lots to the east and south are primarily vacant and many of them are densely populated with trees. The property directly to the south of the subject properties has a single-family home, but the portion of the lot that abuts the subject properties is dense with trees.

Directly to the west of the subject properties are two other automotive repair businesses.

BACKGROUND PROPOSAL: The applicant has been operating an automotive repair business at this location. Although approved for limited automotive repair, the business has been operating as a general automotive repair business, as defined by the UDO. This type of activity is not allowed in the existing C-2 (General Commercial) zoning. The applicant would like to rezone the properties to C-3 (Service Commercial) to continue to operate a general automotive repair business. This would allow the applicant to provide full-service auto repair and vehicle storage if properly screened.

Analysis Consistency with Independence for All, Strategic Plan: Rezoning these properties would not be consistent with the Independence for All, Strategic Plan. The objectives of the strategic plan include reducing blight, improve visual appearance, and stabilize and revitalize neighborhoods. Rezoning these properties to allow a heavier commercial use, particularly when the current business that occupies the properties has a history of code violations, will not move the City of Independence closer to achieving these objectives.

Comprehensive Plan Guiding Land Use Principles for the Current Designation: One of the guiding principles outlined in the Comprehensive Plan is to “Foster redevelopment opportunities within the City to revitalize unused or under used property.” The policies derived from this principle encourage “redevelopment or adaptive reuse of vacant or underutilized buildings and sites” and to “eliminate slum and blight.” There are several vacant and underused properties in the area.

Rezoning these properties to C-3 (Service Commercial) and allowing a heavier commercial use may limit the attractiveness of the surrounding and nearby property to businesses and developers seeking to develop the area in accordance with the Comprehensive Plan.

Analysis Zoning: Section 14-301-02-E of the Unified Development Ordinance defines C-3 districts as being “intended to accommodate ‘heavier’ commercial activities…that are typically not found in or compatible with mixed-use or neighborhood-oriented environments. Although the property is not abutting property zoned for residential purposes, it is in close proximity to many single-family residences. Allowing heavier commercial use at this location may have a negative effect on nearby residents and alter the character of the surrounding residentially zoned area.

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

Public Utilities: All utilities are present in the adjacent rights-of-way.

CIP Investments: Currently there are no CIP investments in this area; however, this location is just west of the planned 24 Hwy complete street project currently in the easement and acquisition stage from River Blvd to 291 Hwy.

Analysis Sub-Area Plans: The vicinity around the lot is not located within a sub-area plan area.

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

Public Utilities: As this is a long-established residential neighborhood, with all utility services are existing.

Floodplain/Stream Buffer: There is not a floodplain or Stream Buffer zone present on the property.

Public Improvements: No public improvements would be required.

Facing south, looking at the building on the property.

US 24 Highway, facing west.

US 24 Highway, facing east.

Facing north, looking across US 24 Highway.

Facing south, looking at adjacent vacant lots.

Facing southwest, looking at property and parking lot.

Recommendation Staff DOES NOT recommend approval of this rezoning for the following reasons: 1. Due to the predominate C-2 zoning along this corridor, C-3 zoning would be out of character for this portion of 24 Hwy. 2. Although the properties do not directly abut residential homes, there are single-family homes to the south of this lot in close proximity to other single-family residences. C-3 districts are generally reserved for commercial activity that is not compatible with residential neighborhoods.

3. The Comprehensive Plan envisions this area to be used for residential neighborhoods; heavy automotive repair and other uses acceptable in C-3 districts are not compatible with the vision of future land use in the Comprehensive Plan.