Commission rezones 201 East Partridge to C-1 to correct split zoning; fence variance debate follows

The Independence Planning Commission voted 6-0 to rezone the property at 201 East Partridge Avenue (case 251015) to C-1, neighborhood commercial, ending a decades-old split zoning that left part of the lot classified residential and part commercial. Gabe, planning staff, told the commission the roughly 55,000-square-foot site was originally zoned for light manufacturing and that a 1986 development split the parcel between moderate-density residential (R-18) and C-1 commercial. Under the unified development ordinance adopted in February 2009, lots must have a single zoning classification for new permits; the applicant requested rezoning so the property could obtain a fence permit that would otherwise conflict with residential standards. The applicant, Dr. Lila Scott, vice president of USCO Business in Independence, said the fence is intended to protect the site after multiple incidents on the property. Scott said she brought a police report documenting an Oct. 2024 shooting that damaged windows and that staff and cleaning contractors found mattresses, needles and other debris on the site. She told commissioners the applicant intends a 4-to-6-foot wrought-iron, access-controlled gate to keep people from leaving trash and to improve safety and the appearance of the site. Steven Calderoni, president of the Bella Vista Condominium Association and a resident at 301 East Partridge Avenue, opposed the proposed open wrought-iron fence, saying the current privacy fence complies with city code and that residents prefer the opaque screening to protect children and older residents. Calderoni said he had a petition signed by about 95% of residents in adjacent buildings opposing an open, see-through fence and asking for maintenance of the existing privacy fence. Staff and city staffer Rick explained that rezoning to commercial would allow the applicant to pursue a variance from the Board of Adjustment for an open fence along the frontage; the Board of Adjustment cannot change zoning but can grant adjustments to setback or fence placement. Staff also noted that the zoning conflict affects any future development on the lot, not only the fence. Commissioners asked whether C-1 carries hours-of-operation limits; staff said the code does not impose specific closing-hour restrictions for C-1. After discussion, Commissioner Nesbitt moved approval; the commission approved the rezoning 6-0. Why this matters: rezoning resolves a long-standing split classification that constrained permits and future development and sets up a separate review at the Board of Adjustment for the fence request, which neighbors vigorously oppose. The rezoning decision applies only to the zoning map; any fence or other development still requires separate permits and, where applicable, variances or Board of Adjustment approval.