Cases #23-175-04 & 23-100-20 UDO Amendment #58 Englewood Arts Overlay District
Applicants: City of Independence Teresa Cosgrove
Actions: Amendment the City Code and Englewood Arts Overlay District
S. Brookside Boulevard
S. Pleasant Street
Surrounding Zonings
Cases #23-175-04 & 23-100-20
Comprehensive Plan
Cases #23-175-04- & 23-100-20
Overlay Area
Cases #23-175-04 & 23-100-20
BACKGROUND PROJECT DESCRIPTION: The City proposes the creation of an Englewood Overlay District (EAOD) bound by Truman Road, Spring Street, Pacific Avenue, Pleasant Street, 23rd Street, Crescent Avenue, 20th Street, Arlington Avenue, 18th Street and Brookside Avenue.
PROPOSAL: This amendment to the UDO will permit the establishment of an overlay district to extend the art opportunities (including commercial elements) introduced by the creation of the “ARTS” district to the residential and commercial neighborhoods in west/central Independence and create new housing opportunities and configurations. Emglewood Arts has been involved in an effort to create an overlay zoning district for the neighborhoods surrounding the Englewood Arts District. A proposed overlay zone, Englewood Arts Overlay District, will extend the art opportunities (including commercial elements) introduced by the creation of the “ARTS” district to the residential and commercial neighborhoods in west/central Independence and create new housing opportunities and configurations. In short, many of the creative uses permitted in the commercial portion of Englewood will be authorized in the surrounding residential neighborhoods. Importantly, it will allow smaller homes that will fit with the area neighborhoods’ historical pattern. Of particular significance, it will permit work/live opportunities and the construction of new “cluster communities.” Also, it will protect the area neighborhood from predatory uses like short-term loan services, bail bonds or tow lots. The Englewood Arts Overlay District will supersede the base district regulations.
The Proposed Text The intent of the proposed overlay district amendment is to help establish a robust and sustainable mixed-use area with art-related businesses integrated in a manner that maintains the residential character of the area. The intended result of the overlay is to help establish a mixed-use area with art-related businesses as well as other low-intensity neighborhood-supporting businesses, live/work units and traditional residences integrated in a manner that maintains the residential character of the area. The newly proposed district, by overlaying the base zoning takes precedence over the base zoning except in the existing ARTS district. Like the base districts in the UDO, the proposed overlay district has a use table listing Permitted, Conditional, Special and Prohibited uses. Additionally, the proposed overlay district will require residential design standards and minimum floor areas for single-family homes. It also contains lot and accessory dwelling unit (ADU) regulations. These include the size, number, setback, design and height of the ADUs as well as regulations for parking, sale of the units and occupancy. Specifically, Short-Term Rentals are prohibited in ADUs, and other rentals are regulated under the Rental Ready Program of Chapter 4 of the City Code. Lastly, the owner of the lot must live in either the property’s main residence or in the ADU. ADU’s must comply with the building code and home occupation requirements. The EAOD would also allow “Pocket Neighborhood Clusters.” These will be groupings of 3-12 small residences, often around a courtyard or common open space, designed to maximize space and encourage time spent in a community space. The code defines the purpose of the cluster designs, allowed uses and site requirements. It lays out the design parameters for; common spaces, private open spaces, front porches, street-facing façades, privacy between dwellings, community amenities, parking, storage, refuse & recycling and fences. The EAOD makes provision for the establishment of Home Eateries, which are small-scale residential businesses serving food and drink. The regulations outlines the maximum number of seat, requirements for parking, signage as well as prohibiting carry out and delivery orders. Lastly, the EAOD would allow small advertising signage (up to a maximum size of 4 square feet) for businesses and outlines the requirements.
Analysis Consistency with Independence for All, Strategic Plan: The application is within keeping with the Measures for Success for, “Improved housing conditions.” The 2023 City of Independence Action Plan calls to stabilize and revitalize neighborhoods by partnering with citizens and businesses to promote and maintain a safe, healthy, and desirable living and working environment. This is to be accomplished by incorporating Best Practices into the UDO to encourage infill housing in neighborhoods and collaborating with community partners on various methods to stabilize neighborhoods.
Comprehensive Plan Guiding Land Use Principles for the Current Designation: There several Guiding Land Use Principles that would be applicable. This rezoning would assist in protecting and enhancing the viability, livability and affordability of residential areas by promoting economically integrated neighborhoods, a range of housing options, encouraging connected neighborhoods, and preserving the visual character and function of established neighborhoods. Additionally, this rezoning would assist in fostering redevelopment opportunities to revitalize unused or underused property by encouraging redevelopment or adaptive reuse of vacant or underutilized buildings and sites, promoting in-fill development (where appropriate), promoting affordable space for small startup, new or growing businesses and encouraging reinvestment in existing neighborhoods.
Sub-Area Plans: The district will have six sub-area plan areas located within its boundaries. Downtown Redevelopment Area, Midtown Truman Road 353, Englewood Area, Truman Winner Plan and Truman Gateway Plan. All of these plans have had a focus on revitalization of older commercial and residential neighborhoods as well as protecting and enhance the viability, livability and affordability of these neighborhoods. This rezoning would assist in those efforts.
Analysis Most Common Base Zonings: R-6 (Single-Family Residential) zoning classification allows for single-family dwellings and various other uses (schools, churches, government facilities, cemeteries, home-based daycare, agriculture and others with conditions). R-12 (Two-Family Residential) zoning classification allows for one and two-family dwellings and various other uses (schools, churches, government facilities, cemeteries, home-based daycare, agriculture and others with conditions).
R-18/PUD and R-30/PUD zoning classifications allows for two-family and multiple-family dwellings and various other uses (schools, churches, government facilities, cemeteries, home-based daycare, agriculture and others with conditions). O-1 (Residential-Office) allows for small scale retail, offices, multiple-family residences, daycare centers, government and civic facilities, churches and schools. C-1 (Neighborhood Commercial) allows for small scale retail, offices, restaurants, banks, business and personal improvement services, daycare centers, government and civic facilities, churches, schools, animal grooming, artist spaces, repair services and artisan manufacturing.
C-2 (General Commercial) which allows for retail, office, restaurants, banks, business and personal improvement services, hotels, construction services, daycare centers, nursing homes, government facilities, churches, employment agencies, funeral and interment services, schools, colleges and universities, veterinary and animal boarding services, sports and entertainment facilities, medical services, repair services and crop agriculture. C-3 (Service Commercial) which allows for religious assembly, utility services, veterinary services, art spaces, building maintenance services, business equipment sales, business support services, communication services, construction services, offices, repair and laundry services, indoor recreation, carwashes, heavy equipment sales, manufacturing, selfstorage, warehousing and agriculture. I-1 (Industrial) which allows for religious assembly, utility services, pet sales and grooming, animal boarding, veterinary services, stables, art spaces, building maintenance services, business equipment sales, business support services, communication services, construction services, offices, parking, repair and laundry services, indoor recreation, carwashes, heavy equipment sales, manufacturing, recycling services, self-storage, warehousing and agriculture.
Spring and Truman
Truman and Glenwood
Arlington and 23rd Street
Pleasant and 23rd Street
Looking South along Sterling Avenue
On Sterling Avenue near Winner Road
On Sterling Avenue near the Railroad Crossing
On Sterling Avenue near the Railroad Crossing
Another Example on Sterling Avenue
Another nearby Example
Vacant lot on Willow
Other Examples of Small Houses
Other Examples of Small Houses
Recommendations Staff recommends APPROVAL of this code amendment and the rezoning request.