The Springfield Planning and Zoning Commission stood by its previous concerns over proposed code changes to conditional use permits.
Proposed as a means to clarify the City Council’s authority to put conditions on development and establish a “pathway” for conditional use permits, a proposed city code amendment would stop the Planning and Zoning Commission from doing a second review when there are changes to a development's permit application.
Rejecting the code changes came at an 0-7 vote, with Commissioners Britton Jobe and Dan Scott absent, at the commission's Nov. 30 meeting.
The proposed amendments were reconsidered only two weeks after the Commission voted 7-1 to postpone a decision on the matter until December 2024. Springfield Chief Litigator Christopher Hoeman said the commission had up to 30 days after a public hearing held Nov. 9, to make its recommendation.
What is a conditional use permit?
A conditional use permit is a tool for both the Planning and Zoning Commission and the City Council to use in determining if a proposed location and special use for a development could create a “deleterious impact upon the health, safety and welfare of the public.” It essentially provides an exception to the zoning code, allowing components of a development that would normally not be permitted in an area.
It is otherwise defined in the Springfield Land Development Code as a means 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.”
Permit applications must describe the conditional use, illustrate how potential adverse effects will be prevented and undergo public hearings, among a host of other requirements.
Added conditions would not require cases to go back to P&Z
While the code change would spell out the City Council's power of discretion on specific development conditions, its ultimate authority to approve or deny an application — whether in line with the commission’s recommendation or not — would remain the same. The Planning and Zoning Commission would be able to impose its own conditions in its initial recommendation on a permit application.
For example, the amendment could allow the City Council to require an applicant to add a driveway to a development, and the conditional use permit to be granted at a subsequent meeting without further consideration by the Planning and Zoning Commission and the public in the commission’s accompanying public hearing.
A public hearing on an added condition would be held at the next City Council meeting, according to Planning Manager Bob Hosmer.
The planned 7 Brew Coffee at the corner of Jefferson Avenue and Sunshine Street has been used as an example of a development with a conditional use permit that went back and forth between the planning commission and the City Council as conditions were added to the application. The zoning permit was eventually granted after three recommendations of denial from the commission and two denials from the City Council.
Commissioners reiterated concerns in recommendation
Springfield's planning commissioners expressed that they didn’t see a problem with the conditional use permitting process as it stands, and emphasized the need for the additional opportunity for public input it provides.
“If it ain't broke, don't fix it,” Commissioner Bruce Colony said. “I don't think we have a problem, I don't think our current process is broken and I don't think it inconveniences very many people along the way. And then when those inconveniences do happen, that's probably for a reason.”
Being pressed for a decision sooner than anticipated added to commissioners’ concerns around the proposed code changes. The commissioners doubled down on their recommendation of denial.
Discussions around the code change stretch back to 2022, when the City Council Plans and Policies Committee considered conditional use permits. The proposed amendment wasn’t voted on until Nov. 30, due to deliberation by council members and city staff, errors in the drafted code language and additional opportunity given for public input, according to Springfield Senior Planner Michael Sparlin.
“City staff, Council had months and months to review it and formulate something and then it comes before us and we are now forced to make a recommendation in 30 days one way or the other… there's no opportunity for us to actually put together something that is substantially meaningful,” Commissioner Natalie Broekhoven said.
Commissioner Chris Lebeck was also concerned with the need for the commission to make a decision within 30 days of its Nov. 9 meeting, especially in light of the comprehensive code update that is currently taking place.
“Why suddenly have we narrowed down on this knowing what's coming in the near future, which is basically a complete overhaul?” Lebeck asked.
To ensure the Springfield Planning and Zoning Commission’s reasoning behind its decision is incorporated in its recommendation to the City Council, it voted 7-0 to include four points to sum up its concerns, as laid out by Commissioner Lebeck:
- The City has not provided us with a reason why this change to our Land Development Code is necessary.
- The City recently passed a new comprehensive plan that will cause an entirely new Land Development code to be presented to the Planning [and Zoning] Commission and ultimately City Council.
- Allowing for changes and modifications without Planning [and Zoning] Commission input takes away from the public another opportunity to comment and ultimately reduces transparency in development projects that affect our neighborhoods, citizens and city.
- This Commission has placed on hold other text amendments out of respect for a new Land Development Code coming forward.
The text amendment regulating the conditional use permitting process will be considered by the City Council, alongside the commission's comments. Like conditional use permits themselves, the City Council has the ultimate authority to approve or deny the code changes.
