Cooper Estates homeowners sue city over East Division development

The city of Springfield is being sued by the Cooper Estates Property Owners Association, which is challenging a development planned on 48 acres of property at the city’s eastern limit.

Springfield City Council last year approved a 510-unit planned development at 3830 E. Division St. by East Division Development LLC with funding by the California-based private equity firm Canyon View Capital Inc., according to past Springfield Business Journal reporting.

In their petition filed April 13, residents of Cooper Estates, which is a neighborhood adjoining the approved development, say the city’s approval is not in keeping with the city’s Forward SGF comprehensive plan, a requirement under state law, according to the plaintiffs’ petition. Thus, they are seeking an injunction and declaratory judgment.

The petition states that Forward SGF designates the development site as a residential neighborhood traditional place type, defined in a quoted section of the plan as “post-war residential neighborhoods that contain predominantly single-family detached dwellings with uniform setbacks, building designs and parcel sizes.”

The city’s comprehensive plan does not permit large multistory apartment buildings in the residential traditional place type, the petition states. It argues that Forward SGF would allow limited, “low-intensity multifamily” uses in such a place type, for example, multifamily structures like duplexes, triplexes and similar structures.

Past SBJ reporting shows a layout that includes single-family housing and villas along the east and south perimeters of the property with townhomes and duplexes inside the single-family houses and an interior that includes 10 three-story apartment buildings surrounded by amenities, including walking trails.

Cora Scott, city director of public information and civic engagement, told SBJ this morning, “We became aware of this lawsuit through media accounts. Since it is now pending litigation, we choose not to comment at this time.”

At the public hearing for the development, attorney Bryan Fisher of Neale & Newman LLC said he represented the approximately 400 residents of Cooper Estates.

“The issue here is that the planned development simply does not comply with the Forward SGF program that this city spent four years developing and adopting as its comprehensive plan,” Fisher told council, according to past SBJ reporting.

The petition states that the proposed development has a density of 15.5 dwelling units per acre, which is more than five times the density of Cooper Estates. Additionally, the apartment buildings included in the plan are greater in height, mass and density than any residential structure in Cooper Estates or other adjacent neighborhoods.

The suit seeks a declaratory judgment stating the council ordinance approving the development violates state law because it is not made in accordance with the city’s comprehensive plan and is thus unlawful, invalid and without force or effect.

It also seeks a declaratory judgment stating that the proposed development violates the city’s land development code.

A third count of the petition seeks injunctive relief to prevent the city from taking action to implement its ordinance approving the development.

This is a developing story.