Springfield Business Journal_2019-07-29

FEATURING SCOTT SHOTTS FEATURING ANGELA FRANTZ Know, Recognize Business Cycles Negotiating Boundaries in Everyones’ Best Interest You’ve Been Fired, Now What? FEATURING CLAIR SAKAOKA SPRINGFIELD BUSINESS JOURNAL · 41 JULY 29-AUG. 4, 2019 NEWS BRIEFS Gathering Tree sues the city over Eden Village by Geoff Pickle · gpickle@sbj.net The Gathering Tree nonprofit filed suit against the city of Springfield alleging dis- crimination over City Council’s recent de- nial of a rezoning request that would have allowed for a second Eden Village tiny homes development for the homeless. The July 19 filing in the U.S. District Court for the Western District of Missouri’s Southern Division alleges violations of the American With Disabilities Act and the Fair Housing Act, according to a news release and the court filing. A rezoning request for 5 acres at 3303 W. Division St. for the second location of Eden Village failed to gain a supermajor- ity vote needed under a protest petition in June. Council voted 5-3 in favor of the re- zoning, short of the six votes needed for the supermajority. Council members Phyllis Ferguson, Abe McGull and Mayor Ken Mc- Clure voted in opposition. The suit specifically takes issue with comments McClure made to the Spring- field News-Leader in June. “I had been inclined all along to support this. What made me change my mind was a filing they made with the city in early June requesting reasonable accommodation un- der the Americans with Disabilities Act,” McClure told the News-Leader. “I viewed that as basically being threatening. We still had this zoning request pending and they filed this request under the ADA.” In the petition filed by Hall Ansley PC, officials with The Gathering Tree and Eden Village allege unfair retaliation under the ADA and FHA. “Springfield’s decision to deny the rezon- ing application was retaliatory in response to Eden Village’s request for reasonable ac- commodations,” the lawsuit reads. “Eden Village is entitled to injunctive relief, com- pensatory damages, the costs of bringing this action and its reasonable attorney fees.” The amount of damages sought is not stated in the filing. The city responded in a July 19 state- ment. “City officials met with Eden Village partners recently to discuss other paths forward. Alternate approaches offered to them included applying for a planned de- velopment or waiting until the city had time to review and possibly update our zoning regulations,” the statement reads. “We were disappointed to learn through media reports that they have instead de- cided to file a lawsuit.” The Gathering Tree held a grand open- ing for its first Eden Village in August 2018. The 2801 E. Division St. development comprises 31 tiny residences to house the homeless. Eden Village Chief Operating Of- ficer Nate Schlueter said the development is fully occupied with more than 80 people on its waiting list. Planning staff present Galloway recommendations to council by SBJ Staff · sbj@sbj.net As a development moratorium comes to a close for Galloway Village, Springfield City Council on July 24 heard recommendations on the future of the eclectic neighborhood. Among the recommendations – present- ed by Springfield’s Planning & Develop- ment staff at a council luncheon – is a clause calling for architectural design guidelines and land-use restrictions to keep the style of Galloway Village consistent. The recom- mendations followed six stakeholder com- mittee and three public input meetings, as well as the launch of two surveys. More than 500 people participated in the pro- cess, according to a news release. “Although there’s been controversy over the level of development that should occur, we have had an overall positive response to this engagement effort, and many common goals for the area have been established,” Senior Planner Olivia Hough said in the re- lease. Staff recommendations include: • the implementation of conditional overlay districts in rezoning cases to limit uses that are incompatible with the character of Galloway Village; • a call to developers to implement ele- ments that are compatible with historic developments and existing structures; • the encouragement of a mix of develop- ment types, including retail, food and beverage, offices, services and housing; • limitations on excessive grading and rock blasting; • improvements to Galloway Street; • a flood study to determine stormwater improvement needs; and • development of pocket parks along the Ozarks Greenway trail. The 270-day development morato- rium in Galloway is scheduled to expire Aug. 2. The moratorium followed a 2014 blight study and redevelopment plan for the area that shed a light on development issues brought on by the area’s topography. In the neighborhood, at least $21 mil- lion in projects were completed or started during 2018, according to past Springfield Business Journal reporting. Council is scheduled to vote to adopt a policy document this fall after a final ver- sion of the recommendation report is com- pleted, according to the release.