BK&M plans change to rezoning request

BK&M LLC has withdrawn its rezoning request for the corner of Sunshine Street and National Avenue and signaled plans to apply for another.

The company intends to apply for a rezoning to a planned development in the future, according to a city news release issued this morning. BK&M had sought a rezoning to general retail from a single-family residential district and to establish a new conditional overlay district.

"A planned development differs from rezoning to a conventional zoning district because a site plan, and accompanying set of development standards, are used to direct development of the property," city officials said in the release.

Following a new rezoning request, the city’s evaluation would be shared in a report and recommendation to the Planning and Zoning Commission.

The news release comes a day after Greene County Circuit Court Judge Derek Ankrom issued a partial dismissal of a case brought by a group of University Heights neighborhood residents against BK&M.

Ankrom dismissed the portion of the plaintiffs’ claim that sought to prevent BK&M from applying with the city of Springfield to change the zoning of lots in the neighborhood. Other issues remain, including the validity and enforceability of claimed deed restrictions; a trial remains set for Jan. 18-19, the judge ordered.

Expanded coverage will be included in the Jan. 15 Springfield Business Journal print edition.