Planning commission approves rezoning for 19405 E. 40th St. Court South to allow 40-unit apartment

The Independence Planning Commission unanimously approved a rezoning request for a triangular 0.79‑acre parcel at 19405 East 40th Street Court South to allow an O‑1 office/residential designation, clearing the way for a proposed three‑story, 40‑unit apartment building.

At a public hearing, staff described the site as a small triangle parcel adjacent to the Little Blue Trace Parkway and Jackson Drive, partially within FEMA‑identified floodplain and constrained by the city's stream‑buffer ordinance. Staff said the larger adjacent tract already carries O‑1 zoning and that the rezoning would align the small undeveloped portion with neighboring parcels; staff recommended approval. Staff also said a minor subdivision application had been submitted to combine the two tracks and that the proposed development would be reviewed administratively since it is not a planned unit development.

Commissioners pressed staff on parking and design details. Commissioner Ashbaugh asked whether parking would be behind the building; staff replied that the code allows parking in front if adequate screening — such as a berm and plantings — is provided. Chair Wiley clarified that the commission was considering only the zoning change (a concept/residential zoning decision), not a final plat or site plan.

An applicant representative offered no new material beyond staff's summary. Commissioner Young moved to approve the rezoning; after a roll‑call vote the motion passed 6‑0.

With approval, the applicant may proceed with the administrative review steps and the proposed minor subdivision. Staff emphasized that detailed site planning, floodplain and stream‑buffer compliance, and required inspections will be addressed in subsequent administrative reviews before any building permits are issued.