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HomeMy WebLinkAboutNotes, Meeting PLANNER 5/21/2007 AGENDA ITEM SUMMARY MeetIDgDate: May21,2007 Meetmg Type Regular Session Department Development ~vlces Staff Contact Mark Metzger ::1'\A.. S P R I N G FIE L D Staff Phone No 726-3775 C I T Y C 0 U N C I L EstImated Time 20 mmutes ITEM TITLE MCKAY INVESTMENT COMPANY BALLOT MEASURE 37 CLAIM REGARDING PROPERTY AT THE INTERSECTION OF MOHAWK AND CENTENNIAL BOULEVARDS (MOHAWK CENTER) Conduct a publIc heanng concemmg a Ballot Measure 37 claim by McKay Investment Company and act on the demand m one of the followmg ways 1) deny the demand, or 2) declare the demand to be a valId demand and pay the amount of compensatIOn due to the owner of the property, or 3) declare the demand to be a valId demand and modify, remove or choose not to apply the land use regulatlOn(s) which are the baSIS for the claim McKay Investment Company has filed a "demand for compensation" claim, assertmg that the rezonmg of ItS property near the mtersectlon of Mohawk and Centenmal Boulevards caused a reductIOn m the value of that property At Issue IS whether the claim IS a valId demand under Spnngfield Mumclpal Code Sections 2 900-2 995 whIch Implements state statutes pertamlng to Ballot Measure 37 Attachment I Staff Report Attachment 2 ResolutIOn m the Matter of McKay Investment Company's Demand for Real Property Compensation Attachment 3 McKay Investment Demand for Compensation ApplIcatIOn (1211/06) Attachment 4 McKay Investment Supplemental ApplIcatIOn Matenals (3/23/07) In November 2005, property owned by McKay Investments was rezoned from Major Retail Commercial to Mixed-Use CommerCIal as part of a formal deSignatIOn of the area for nodal development McKay asserts that the new plan deSignatIOn and zomng Imposes restnctlOns on the use of the property that has caused a loss m value estimated to be $2,523,000 ThiS loss IS attnbuted to standards found m Articles 40 (Mixed Use Zonmg Dlstncts) and 41 (Nodal Development Overlay Dlstnct) of the Development Code that comb me to prohibit large format retat! uses (larger than 50,000 sq ft) and that Impose deSign standards that would be more expensive to bUIld than other development under the prevIous zonmg Letters from RIchard Duncan (Duncan & Brown), and Alan Evans (Evans Elder and Brown), proVIde opInIons ot the estimated financIal Impact of the rezoning These opinIons form the baSIS of the applIcant's claim and are Included In Attachment 3 ACTION REQUESTED ISSUE STATEMENT ATTACHMENTS DISCUSSION/ FINANCIAL IMP ACT: Based on the findings proVided In the staff report, the City Manager recommends that the City Counct! declare the McKay Investment demand to be valId and that the CounCil choose not to apply the standards found m Articles 40 and 41 of the Sprmgfield Development Code that prohibit buildmgs With footpnnts larger than 50,000 square feet and reqUIre other deSign elements that might lImIt a large format retail use on the subject site It IS further recommended that the effective date of thiS action COinCIde With the slgnmg of a development agreement by McKay Investment Company and the City specifying those development standards m Articles 40 and 41 that Will be retained or modified, and those not to be enforced on the subject site This agreement Will be brought back to the counC/:~f< approval Date Received _,nz. 6 Planner MM ( Article 31 (Site Plan ReView) and all other applIcable elements ofthe Development Code shall be applIed to any future development on the site These are not subject to waIvers under Measure 37 Pertammg to traffic Issue" SectIons 31 070 and 32 020 2 (e) of the Code requITes the Improvement of eXisting transportatIOn faCIlIties or the installation of new faCIlItIes to mitIgate the Impact of new development, when a need IS demonstrated by a transportation Impact analYSIS Similar provIsions Will apply to the Impact of development on other Infrastructure .