Judge gives Wal-Mart green light

It appears a new Walmart Neighborhood Market might be coming to center city after all.

On July 23, Judge Gerald McBeth, of Nevada, ruled a referendum petition seeking to block the rezoning of center city property at the southwest corner of Grand Street and Campbell Avenue would not head to a public vote, paving the way for a fifth Walmart Neighborhood Market in Springfield.

The petition sought to overturn a February City Council decision to rezone roughly 6 acres at 444 W. Grand St. and 427–515 W. Normal St. to general retail from a residential district.

After groups opposed to the Neighborhood Market store near downtown entered the petition, council in May did not reverse the zoning decision and opted to put the matter on the Aug. 6 ballot.

A lawsuit filed in response by Life 360 Church/Calvary Temple and Robert and Jennifer Buchanan put the vote on hold. The church and property owners have agreed to sell their properties to Bentonville, Ark.-based Wal-Mart Stores Inc. contingent upon the rezoning.

Walt Nelson, a licensed real estate broker who teaches real estate courses at Missouri State University, said the ruling is good for the business community and the downtown area.

“There’s always pilot businesses with Wal-Mart stores – barbers, dry cleaners or even dollar stores. So, I think there is a very good chance you’ll see that. I also think there is going to be a circulation effect that could happen between Bass Pro, Wal-Mart and Park Central Square,” Nelson said. “If you have a circulation of business traffic, it just builds on itself.”

With more commercial development in center city, he said residential developers could be more inclined to convert some older housing in the area into new apartments, increasing property values in the neighborhoods around the store.

“It could easily push property values up by 100 percent in five years,” Nelson said.

Mayor Bob Stephens said he was pleased with the ruling because he feels it is important for both business and residential development that zoning issues should not be subject to the referendum process.

“Zoning in a city needs to be rational, it needs to be consistent, and it should not be subject to the referendum process,” said Stephens, who voted in favor of the zoning change in February. “The whole purpose of zoning is to give some consistency to different areas of the city, so people can know where they could locate their business or build their subdivision.

“Having every decision subjected to the possibility of a referendum vote and petition is awkward at minimum and very anti-business at the other end.”

Stephens said other council members perceived the matter as a zoning issue. But for those opposed to the plans, it was about keeping Wal-Mart at bay.

“With a number of the opponents, they just don’t like Wal-Mart. [Asked] if it’s OK for MaMa Jean’s to build a market there and invariably they’d say, ‘Yes, that’s wonderful.’ Well, it is the identical zoning it would be for a MaMa Jean’s as it is for a Walmart Neighborhood Market,” Stephens said.

Marla Marantz, a representative of Citizens Advocating for Responsible Development, one of the groups that collected signatures for the petition designed to repeal the zoning change, said the referendum was more about safety issues than opposition of Wal-Mart.

“We remain committed to defending the rights of the residents of Springfield to redress their government on zoning issues with the referendum,” Marantz said. “This development is definitely not in the best interest of the neighborhood.”

Marantz doesn’t know if the plaintiffs in the case plan to appeal the decision, but said those involved had to weigh their options.

“I think there was a small, vocal group concerned about Wal-Mart and its business practices, but those of us who collected referendum signatures found the majority of people who signed were concerned about the size and intensity of this development,” Marantz said.

“It is already congested and there is no way this is going to help relieve congestion on that corner.”

In his judgment, McBeth indicated the city of Springfield’s referendum process for use in zoning issues conflicts with state law, specifically chapter 89 of Missouri’s Revised Statutes.

The ruling follows a July 19 decision that referendum petition officials had properly collected the correct number of signatures.

Stephens said he felt validated that the judge found the city acted appropriately with regard to the collection of signatures and on the wording of the proposed ballot language.

Stephens added voters should get a chance to update the language in question in the coming months.

“I would imagine we’ll be referring that section of the charter to the Plans and Policies Committee for a review, and then at some point that will go to a vote of the people so we can conform to state law,” Stephens said, noting charter changes must be approved by Springfield voters. “Occasionally, language written in 1957 doesn’t keep up with 2013.”

According to a Wal-Mart spokeswoman, the company is moving forward with plans to build a Neighborhood Market at the intersection.

Wal-Mart representatives were not able to provide a construction timeline or target opening date for the roughly 41,000-square-foot building.

The retailer only issued a statement from Communications Director Anne Hatfield: “We have not changed our plans to serve our customers.”

Nelson said the project sends a positive message to the business community.

“It helps Springfield show that city government supports business activity. You really need that right now, within reason, and I think this is a reasonable development,” Nelson said. “Otherwise, what would happen down there? Nothing. That church building is just going to sit there and rot. How is that helpful to the business community?

“And nobody else is coming in with a check here,” Nelson said.