One-rdg. P. Hrngs. X Pgs. 21 Filed: 10-01-19 Sponsored by: Simpson First Reading: Second Reading: COUNCIL BILL 2019- 231 SPECIAL ORDINANCE AN ORDINANCE 1 GRANTING Conditional Use Permit No. 439 for the purpose of reducing the front 2 yard setback for structures built within the R-LD, Low-density 3 Multifamily Residential District, generally located at 2675 South 4 Jefferson Avenue. (Staff and Planning and Zoning Commission both 5 recommend approval.) 6 ___________________________________ 7 8 WHEREAS, pursuant to Section 36-363 of the Land Development Code of the 9 City of Springfield, Missouri, City Council may grant permits for certain types of uses in 10 certain zoning districts; and 11 12 WHEREAS, the Planning and Zoning Commission held a properly noticed public 13 hearing, and the Commission found that the necessary conditions existed for issuance 14 of a Conditional Use Permit for the property located at 2675 South Jefferson Avenue; 15 and 16 17 WHEREAS, City Council finds that sufficient evidence has been presented to 18 satisfy the applicable standards contained in City Code for issuance of Conditional Use 19 Permit No. 439; and 20 21 WHEREAS, the granting of such permit is deemed proper and beneficial to the 22 welfare of the City of Springfield, Missouri. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 SPRINGFIELD, MISSOURI, as follows, that: 26 27 Section 1 – Conditional Use Permit No. 439 is hereby granted, in accordance 28 with and subject to the provisions of Section 36-363 of the Land Development Code, for 29 the purpose of reducing the front yard setback from 25 feet to 15 feet for structures to 30 be built within the R-LD, Low-density Multifamily Residential District located at the 31 property described in “Exhibit B,” which is attached hereto and incorporated herein by 32 this reference, and which is generally located at 2675 South Jefferson Avenue. 33 Page 1 of 21 34 Section 2 – Building permits and certificates of occupancy may be issued by the 35 City consistent with the regulations and standards described in “Exhibit A,” which is 36 attached hereto and incorporated herein by this reference, which shall govern and 37 control the use and development of the land described in “Exhibit B,” in a manner 38 consistent with the attached site plan depicted on “Exhibit D – Attachment 5,” said 39 exhibits being attached hereto and incorporated herein by this reference in their entirety. 40 The proposed structures shall be located and constructed in substantial conformance to 41 “Exhibit D – Attachment 5.” 42 43 Section 3 – Any violation of the provisions of this Ordinance shall be grounds for 44 the revocation of Conditional Use Permit granted by the adoption of this Ordinance. 45 46 Section 4 – This Ordinance shall be in full force and effect from and after 47 passage only so long as the Property and any improvements thereon conform to the 48 conditions and requirements described in this Ordinance. 49 50 Passed at meeting: 51 52 53 Mayor 54 55 Attest: , City Clerk 56 57 Filed as Ordinance: 58 59 60 Approved as to form: , Assistant City Attorney 61 62 63 Approved for Council action: , City Manager Page 2 of 21 EXPLANATION TO COUNCIL BILL 2019 - 231__ FILED: 10-01-19 ORIGINATING DEPARTMENT: Planning and Development PURPOSE: Granting Conditional Use Permit No. 439 for the purpose of reducing the front yard setback for structures built within the R-LD, Low-density Multifamily Residential, District generally located at 2675 South Jefferson Avenue. (Staff and Planning and Zoning Commission both recommend approval). BACKGROUND INFORMATION: CONDITIONAL USE PERMIT NUMBER 439 The applicant is requesting approval for a Conditional Use Permit to reduce the required front yard setback of 25 feet for the proposed structures associated with Tera Vera II. If approved, the Conditional Use Permit would allow the structures to be built approximately 15 feet from the front property line along South Jefferson Avenue, a reduction of ten feet. This Conditional Use Permit would impact the setbacks of a small portion of the clubhouse, its associated outdoor paved area and one of the proposed duplexes. The purpose of the review is to determine whether the proposed location of the use or structure is appropriate and whether it will be designed and located so as to avoid, minimize, or mitigate any potentially adverse effects upon the community or other properties in its vicinity. The applicant has provided responses to the standards for Conditional Use Permits. CONDITIONS: 1. The regulations and standards listed on “Exhibit A” shall govern and control the use and development of the land in Conditional Use Permit Number 439 in a manner consistent with the attached site plan (“Exhibit D - Attachment 5). 2. The proposed structures shall be located and constructed in substantial conformance to the attached site plan. FINDINGS FOR STAFF RECOMMENDATION: 1. This application meets the approval standards for a Conditional Use Permit and is in conformance with the intent and purpose of standards for structures located in the R-LD, Low-density Multifamily Residential District. 2. Approval of this request will provide for the productive use of the subject property which is already served with public infrastructure and services and is not expected to adversely impact the surrounding properties. Page 3 of 21 The Planning and Zoning Commission held a public hearing on September 12, 2019, and recommended approval, by a vote of 7 to 0, of the proposed conditional use permit on the tract of land described on the attached sheet (see the attached “Exhibit C,” Record of Proceedings). REMARKS: The Planning and Development staff recommends the application be approved with the following conditions (see the attached “Exhibit D,” Development Review Staff Report). Submitted by: __________________________ Kyle McGinnis, Senior Planner Recommended by: Approved by: _____________________________ ______________________________ Mary Lilly Smith, Director Jason Gage, City Manager EXHIBITS: Exhibit A, Requirements for Conditional Use Permit 439 Exhibit B, Legal Description Exhibit C, Record of Proceeding Exhibit D, Development Review Staff Report ATTACHMENTS: Attachment 1, Department Comments Attachment 2, Requirements for Conditional Use Permit 439 Attachment 3, Standards for Conditional Use Permit 439 Attachment 4, Neighborhood Meeting Summary Attachment 5, Site Plan Page 4 of 21 Exhibit A REQUIREMENTS FOR CONDITIONAL USE PERMIT 439 1. The reduction in front yard setback for the proposed structures and associated paved areas is permitted provided all construction complies with the requirements set forth in Section 36-382 (6). 2. The structures shall meet all other standards of the Zoning Ordinance and other applicable ordinances. Page 5 of 21 Exhibit B LEGAL DESCRIPTION CONDITIONAL USE PERMIT NUMBER 439 LOT 1 TERA VERA II, A SUBDIVISION IN THE CITY OF SPRINGFIELD, GREENE COUNTY, MISSOURI. Page 6 of 21 Exhibit C RECORD OF PROCEEDINGS CONDITIONAL USE PERMIT NUMBER 439 Planning and Zoning Commission – September 12, 2019 Conditional Use Permit 439 2675 South Jefferson Avenue Applicant: Miller Commerce Assets, LLC SE Coryell Holdings, LLC Stinnett Properties, LLC Mr. Hosmer stated that this is a request to approve a reduction in the required front yard setback from 25 feet to 15 feet for the proposed structures associated with Tera Vera II located at 2675 South Jefferson Avenue. The Comprehensive Plan identifies this area as appropriate for Low-Density Housing and Medium Intensity Retail, Office or Housing uses. The Major Thoroughfare Plan classifies Jefferson Avenue as a secondary arterial roadway. This property is zoned R-LD, Low-density Multifamily Residential District. Structures within this district that front a street classified as collector or greater, require a minimum of 25-foot setback from the front property line; however, this setback can be reduced with the approval of a Conditional Use Permit. The CUP, if approved, would allow for the construction of a small portion of the clubhouse, associated outdoor paved area, and a duplex under the 25- foot setback or to 15 feet. Staff has reviewed the applicant’s request for a Conditional Use Permit and has determined that it satisfies the standards for Conditional Use Permits outlined in Section 36-363 of the Zoning Ordinance. Staff recommends approval. Mr. Doennig asked about improvements on the ROW on Jefferson Avenue. Mr. Hosmer stated that there would need to be improvements. Mr. Doennig opened the public hearing. Mr. Derek Lee, 1200 E. Woodhurst, representing the owner and here to answer any questions. Mr. Doennig closed the public hearing. COMMISSION ACTION: Ms. Cox motioned to approve Conditional Use Permit 439 (2675 South Jefferson Avenue). Mr. Jobe seconded the motion. Ayes: Doennig, Coltrin, Shuler, Cox, Thomas, Rose, and Jobe. Nays: None. Abstain: None. Absent: Ogilvy and Broekhoven. _________________________________ Bob Hosmer, AICP Planning Manager Page 7 of 21 Development Review Staff Report PLANNING AND ZONING COMMISSION PUBLIC HEARING: SEPTEMBER 12, 2019 CITY COUNCIL PUBLIC HEARING: OCTOBER 7, 2019 CASE NUMBER: Conditional Use Permit 439 LOCATION: 2675 S. Jefferson Avenue ACRES: 5.04 EXISTING LAND USE: Vacant APPLICANT: Miller Commerce Assets, LLC; SE Coryell Holdings, LLC and Coryell Holdings, LLC; and Stinnett Properties, LLC STAFF: Kyle McGinnis, 864-1615 STAFF RECOMMENDATIONS: Approve PROPOSED MOTION: Move to approve Conditional Use Permit 439 as submitted. SUMMARY OF REQUEST: This is a request to approve a reduction in the required front yard setback of 25 feet for the proposed structures associated with Tera Vera II. If approved, the Conditional Use Permit would allow the structures to be built approximately 15 feet from the front property line along S. Jefferson Avenue, a reduction of ten feet. FINDINGS FOR STAFF RECOMMENDATION: 1. Approval of this request will provide for the productive use of the subject property which is already served with public infrastructure and services and is not expected to adversely impact the surrounding properties.