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Planning commission backs UDO amendment narrowing separation rule for auto uses near interstates
Summary
The Planning Commission recommended approval of UDO Amendment No. 75, which creates an exception to a 750-foot separation rule for gasoline/fuel sales and motor-vehicle repair uses when properties lie within 400 feet of an interstate. The motion passed 6–1.
The Independence Planning Commission recommended approval Wednesday of UDO Amendment No. 75, a city code change that creates an exception to an existing 750-foot separation requirement for gasoline and certain automotive uses when a property lies within 400 feet of an interstate.
Staff said the amendment is targeted to allow automotive and fuel-related businesses along the I‑70 corridor—notably the Nolan Road interchange—to locate without being blocked by the existing 750-foot spacing rule. City staff described the change as narrow: the separation requirement “shall not apply for properties that are within 400 feet of an interstate,” and it would affect code sections that address gasoline/fuel sales and motor-vehicle repair uses.
The change was prompted, staff said, by inquiries from property owners and prospective businesses along I‑70 and follows an earlier April amendment that clarified automotive use categories along Nolan Road. Rick (city staff) told commissioners the 400-foot distance was chosen to reduce the risk of adverse impacts while allowing corridor businesses to operate.
Commissioner Mark Nesbitt asked why staff selected 400 feet rather than a smaller buffer such as 200 feet. Rick replied that the city wanted to reduce clustering compared with the existing 750-foot restriction while still allowing reasonable development along interstate interchanges. Commissioner Eric Ashbaugh said he would vote no, calling a specific numeric distance “arbitrary” and arguing that each proposal should be judged on its own merits.
No members of the public spoke specifically in opposition to the amendment during its public hearing. After discussion, a motion to recommend approval was moved and seconded. The roll call recorded votes as: Commissioner Ferguson — yes; Commissioner Nesbitt — yes; Commissioner O'Neil — yes; Commissioner Torres — yes; Commissioner Young — yes; Commissioner Ashbaugh — no; Chair Lori Dean Wiley — yes. The motion passed 6–1.
The amendment directly affects code language governing separation of gasoline and fuel sales and motor vehicle repair uses near interstate rights-of-way and was placed on the agenda because staff said it would have an immediate impact on an upcoming special-use permit application for property at the I‑70/Nolan Road interchange.
