P&Z updates procedural rules related to subdivisions

After voting in December to reject the application for a planned housing development in Galloway Village, the Springfield Planning & Zoning Commission has changed its procedural rules related to subdivisions.

At its April 10 meeting, commissioners voted 6-1, with member Bruce Colony abstaining, in favor of the changes requested by the city of Springfield. The rules change clarifies P&Z’s scope of evaluating subdivision applications from legislative to administrative – that is, if a plat under consideration meets the requirements, the commission is obligated to approve it regardless of whether they agree with the plan.

"An administrative action is ministerial and nondiscretionary," the language reads. "In reviewing a preliminary plat, the role of the Planning and Zoning Commission is to determine whether the plat meets the minimum requirements set forth in the subdivision statutes, the subdivision regulations and the zoning district where the subject property is located."

The meeting was livestreamed on the city of Springfield Facebook page.

Under the order of business and agenda section of its rules of procedure, P&Z now has administrative actions for subdivisions as its own area within public hearings. New language also was added to the rules of procedure.

Bob Hosmer, planning manager for the city, explained that this would set up formal rules to allow for administrative approval of subdivision applications "as long as they follow the subdivision regulations, the zoning district and the Missouri state statutes."

Dan Scott, a member of P&Z and its vice chair, noted the changes to the rules of procedure were "based on the confusion we had a couple months ago that carried through to council."

After P&Z declined to recommend JCRS Development LLC's application for the Chimney Rock subdivision in Galloway Village during its Dec. 19 meeting, Springfield City Council was told at its Jan. 27 meeting that members' role was merely administrative and they must approve the plan as it met the minimum requirements set by subdivision statutes.

"The question is whether the plat meets the lot size requirements, not whether the requirement is good or bad, adequate or inadequate at this point,” City Attorney Jordan Paul said at that time. “In other words, you don’t move the goal post at this point."

Council ultimately approved the preliminary plat for the Chimney Rock subdivision at 3040 S. Arcadia Ave. during its Feb. 10 meeting. At that meeting, Councilmember Craig Hosmer warned that litigation could be on its way, no matter which way council voted on the matter.

Opponents of the proposed subdivision submitted a petition to the city in March calling for a repeal of council's approval of the subdivision preliminary plat measure or for voters to decide on the matter.

The city later in March rejected the petition, saying the Chimney Rock preliminary plat was an administrative action and that such actions are not subject to referendum. The petitioners, who have said they are exploring next steps, have not yet announced their plans moving forward.