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06A. 2220 W Chesterfield Z-15-2017 One-rdg. P. Hrngs. X Pgs. 76 Filed: 07-05-17 Sponsored by: Schilling First Reading: Second Reading: COUNCIL BILL NO. 2017- 167 GENERAL ORDINANCE NO. AN ORDINANCE 1 AMENDING the Springfield Land Development Code, Section 36-306, ‘Official zoning 2 map and rules for interpretation,’ by rezoning approximately 3.72 acres of 3 property, generally located at 2220 West Chesterfield Boulevard from 4 Planned Development No. 141 2nd Amendment and Planned Development 5 349, to a GR, General Retail District; and adopting an updated Official 6 Zoning Map. (Staff and Planning and Zoning Commission recommend 7 approval). 8 ___________________________________ 9 10 WHEREAS, an application has been filed for a zoning change of the property 11 described in "Exhibit B" which is attached hereto and incorporated herein by this 12 reference and generally located at 2220 West Chesterfield Boulevard from Planned 13 Development No. 141 2nd Amendment and Planned Development 349, to a GR, 14 General Retail District; and 15 16 WHEREAS, following proper notice, a public hearing was held before the 17 Planning and Zoning Commission, a copy of the Record of Proceedings from said public 18 hearing being attached hereto and incorporated herein by reference as "Exhibit A," and 19 said Commission made its recommendation; and 20 21 WHEREAS, the City has reviewed the applicant’s request and prepared a staff 22 report concerning the application which is attached hereto and incorporated herein by 23 this reference as “Exhibit C”; and 24 25 WHEREAS, proper notice was given of a public hearing before City Council, and 26 said hearing was held in accordance with the law. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 SPRINGFIELD, MISSOURI, as follows, that: 30 31 Section 1 – The property described in "Exhibit B" of this Ordinance shall be, and 32 the same hereby is rezoned from Planned Development No. 141 2nd Amendment and 33 Planned Development 349, or such zoning district as is designated on the Official 1 of 76 34 Zoning Map adapted by the City Council, to GR, General Retail District, and the 35 Springfield Land Development Code, Section 36-306 thereof, ‘Official zoning map and 36 rules for interpretation,’ is hereby amended, changed and modified accordingly. 37 38 Section 2 – City Council hereby directs the City Manager, or his designee, to 39 update the City's digital zoning map to reflect the rezoning described in this Ordinance, 40 and City Council adopts the map thereby amended as the Official Zoning Map of 41 Springfield, Missouri, as provided for in the Springfield Land Development Code, 42 Section 36-306, ‘Official zoning maps and rules of interpretation.’ 43 44 Section 3 – The Official Zoning Map herein adopted shall be maintained and 45 archived in the same digital form in which this Council has approved its adoption. 46 47 Section 4 – This Ordinance shall be in full force and effect from and after 48 passage. 49 50 Passed at meeting: 51 52 53 Mayor 54 55 Attest: , City Clerk 56 57 Filed as Ordinance: 58 59 Approved as to form: , Assistant City Attorney 60 61 Approved for Council action: , City Manager 2 of 76 EXPLANATION TO COUNCIL BILL NO: 2017- 167 FILED: 07-05-17 ORIGINATING DEPARTMENT: Planning and Development PURPOSE: To amend the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning approximately 3.72 acres of property, generally located at 2220 West Chesterfield Boulevard from Planned Development No. 141 2nd Amendment and Planned Development 349, to a GR, General Retail District; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission recommend approval). BACKGROUND INFORMATION: ZONING CASE NUMBER Z-15-2017 The applicant is proposing to rezone the subject property from a Planned Development No. 141 2nd Amendment and Planned Development 349 to a GR, General Retail District. The intent of this application is to match the existing planned development district with a similar zoning district to allow for churches and other places of worship, including parish houses and Sunday schools which were not permitted in the existing planned development. The Growth Management and Land Use Plan element of the Comprehensive Plan identifies this as an appropriate area for High Intensity Retail, Office or Housing. The requested GR, General Retail zoning is consistent with the recommendation. REMARKS: At the May 4, 2017 Planning and Zoning Commission meeting the vote resulted in a 4 to 4 tie. In the event of a tie vote, the item is automatically tabled to the next Planning and Zoning Commission meeting (June 15, 2017). The Planning and Zoning Commission held a second meeting on June 15, 2017, and recommended approval, by a vote of 5 to 1, of the proposed zoning on the tract of land described on the attached sheet (see the attached Record of Proceedings). The Planning and Development staff recommends the application be approved (see the attached Development Review Staff Report). Supports the following Field Guide 2030 goal(s): Chapter 6, Growth Management and Land Use Major Goal 4: Develop the community in a sustainable manner. Objective 4a, Increase density in activity centers and transit corridor. FINDINGS FOR STAFF RECOMMENDATION: 1. The Growth Management and Land Use Plan of the Comprehensive Plan identifies this as an appropriate area for High Intensity Retail, Office or 3 of 76 Housing. The requested GR, General Retail zoning is consistent with the recommendation. 2. Approval of this request will result in a similar type of development as what could be achieved under the existing zoning, however, it will allow for churches and other places of worship, including parish houses and Sunday schools which were not allowed in the current PD. The GR district permits churches and other places of worship, including parish houses and Sunday Schools. The adjacent Planned Development Districts 349 allows for churches and places of worship. 3. Approval of this application will facilitate development of this property and promote infill development where investments have already been made in public services and infrastructure. Submitted by: __________________________ Bob Hosmer, AICP Principal Planner Recommended by: Approved by: Mary Lilly Smith, Director Greg Burris, City Manager EXHIBITS: Exhibit A, Record of Proceedings Exhibit B, Legal Description Exhibit C, Development Review Staff Report ATTACHMENTS: Attachment 1: Department Comments Attachment 2: Affidavit of Neighborhood Notification and Meeting Summary 4 of 76 Exhibit A RECORD OF PROCEEDINGS Planning and Zoning Commission May 4, 2017 Z-15-2017 2220 West Chesterfield Boulevard Applicant: Dearborn Development Inc. Mr. Hosmer stated that this is a request to rezone approximately 3.72 acres of property generally located at 2220 West Chesterfield Boulevard from a Planned Development No. 141 2nd Amendment and Planned Development 349 to a GR, General Retail District. The Growth Management and Land Use Plan identifies this as an appropriate area for High Intensity Retail, Office or Housing. The intent of this application is to match the existing planned development district with a similar zoning district to allow for churches and other places of worship, including parish houses and Sunday schools which were not permitted in the existing planned development. Staff recommends approval. Ms. Cox asked if this changes the entire Planned Development to General Retail or only adding the church to the current proposed Planned Development. Mr. Hosmer stated that they are changing the use to allow churches. Mr. Hosmer and Ms. Smith both noted that any business requesting a liquor license within 200’ from the church will need to request the license through City Council. Mr. Doennig opened the public meeting. Mr. Derek Lee, Lee Engineering, 1200 E. Woodhurst representing the owner. Church uses are allowed in every zoning classification in the City except for this Planned Development which are excluded. At the neighborhood meeting a significant number of people want the Palace Theatre to stay. The owner wanted the Palace Theatre to be purchase or leased and the Palace Theatre is not interested in purchasing or renewing a typical lease. The Palace Theatre has been on a month to month lease due to financial constraints and the property has been listed for sale for 18 months. Commission members asked several questions regarding why churches were not allowed in the current Planned Development and why Planned Developments are created. Mr. Lee and Mr. Hosmer noted that the Planned Development process is very expensive, hard to enforce, implement, and need to meet the new template requirements stating that Chesterfield Village was built with a specific look, feel and mixed uses. The lot is already set up like General Retail and works for the proposed needs. Ms. Deby McCurter, 2304 W. Westview Street, questioned about the notification for the neighborhood meeting and wants the theatre to stay and enjoys the current atmosphere of Chesterfield Village. Mr. Cline asked Ms. McCurter if she would have a problem with an empty building if the Palace did leave and she noted that the theatre would continue renting and would not leave. The theatre would have to leave based on a contract and if it was rezoned they would have to vacate. 5 of 76 Ms. Anna Crane, 3655 S. Breech Avenue, stated that she did not receive the neighborhood notice and noted that the community does not want the theatre to leave and cause lower property values. This area is not conclusive to child care and is concerned that a church will offer child care services. Mr. Cline asked Mr. Lee for clarification on the ownership and who is leasing what. Mr. Lee states that the Palace Theatre rents from Dearborn Development. Dearborn Development was the original developer of Chesterfield Village.
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