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Planning commission recommends rezoning at 6731 S. 59 Highway to commercial despite neighborhood objections

September 28, 2023 | St. Joseph, Buchanan County, Missouri


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Planning commission recommends rezoning at 6731 S. 59 Highway to commercial despite neighborhood objections
The Planning Commission voted to forward a recommendation to City Council to rezone 6731 South 59 Highway from M-2 (Heavy Manufacturing) to C-3 (Commercial), a change the applicant said would allow retail use such as a bait and tackle shop.

Staff explained the property has been vacant since flooding in 2020 and that the applicant requested the change so a retail use would be permitted; staff recommended approval with no conditions. The staff presentation noted that retail is not currently allowed in heavy-manufacturing zoning and that a zoning change to C-3 would permit retail operations. Staff also said that if the applicant makes substantial external improvements, the project could trigger landscaping and fencing requirements to buffer nearby residential areas.

Several neighbors spoke in opposition. Dana De Spain, who said she lives at 1211 West Joseph Street, told the commission the building previously operated as a bar that generated loud noise and other problems, and that the building has been closed since the 2020 flood and suffers from mold and neglect. De Spain said, “We don't want this trash in our neighborhood,” and warned the intended retail use could change in the future to a bar.

Sarah Helfry, who said her living room is about 20 feet from the building, described prior neighborhood problems when the bar operated — “Drunks, needles, noise, awful” — and asked whether the commission could add a stipulation permanently preventing a bar. Staff answered that zoning change applies only to the subject property and that the zoning category chosen (C-3) would allow retail but would not guarantee that the property could never be used for other permitted commercial uses in the future.

Douglas Rose, the property owner and applicant, told the commission he intends to sell to a buyer who plans to open a bait shop and that the buyer is doing some cleanup now. Rose said prospective tenants had previously expressed interest in operating the site as a bar but that the current buyer intends retail. Staff noted that any rehabilitation or reuse would require permits and compliance with code and that the final approval on the zoning change will rest with City Council.

After discussion, a motion to recommend rezoning to C-3 passed on a roll-call vote; the recommendation will go to City Council for a final decision.

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