Newest University Heights proposal brings traffic concerns, uncertainty

The northwest corner of National Avenue and Sunshine Street has been in the spotlight for years. Throughout those years, the ideas and plans for what the corner could hold have changed multiple times, though all seek to rezone currently 2.6 acres of residential lots for commercial use. With a lawsuit between the developer and nearby neighbors more or less settled for now, the developers at Be Kind & Merciful LLC are moving forward with another rezoning proposal.

The proposal has changed from what was most recently presented as a food hall and pickleball project . Developers instead presented a strict rezoning to general retail, with multiple use restrictions including prohibiting outdoor athletic courts, at a neighborhood meeting at the Springfield Art Museum on Thursday ahead of the case going to the Springfield Planning & Zoning Commission. Previously, BK&M applied for a Planned Development rezoning, a more uniquely crafted rezoning that requires a site plan that the applicant must stand by, though did not pursue it further with the lawsuit still pending. The proposal revealed Thursday was a rezoning to General Retail with a conditional overlay district but with no certain or specific use in mind, though Ralph Duda, developer with BK&M leading the effort, noted that medical offices and senior living facilities are at the top of the list.

Chris Wynn, civil engineer with CJW Engineering, led the meeting and noted that Planned Development could only be pursued if they were certain who would be the user of the property and what their operations would entail which currently is still unknown. He noted that finding users who would be interested in the development is dependent on the rezoning.

"None of these people are going to touch the property until the zoning is taken care of, because they don't want to take on that burden," he said. "That burden is on Be Kind & Merciful ... The best thing we can do is to try find language that controls as many aspects of the site plan as possible, and that's what we're doing with the conditional overlay district."

What does the rezoning proposal restrict?

Wynn emphasized that the conditional overlay district is a way to protect the neighborhood and restrict the uses of the property if the rezoning passes. The proposed COD permits restaurants, medical offices, museums, retail sales and others.

The COD prohibits bed and breakfasts, convenience stores with gas pumps, drive-thrus, marijuana dispensaries, nightclubs, vape shops, laundromats, public and private parks among other uses. Amid conversations at Thursday's meeting, food trucks were added to the prohibited list.

While multi-family housing is allowed under the COD, units would have to be above the first floor and would allow a maximum density of 29 dwelling units per acre. The buildings would be restricted to three stories high and would aesthetically complement the neighborhood through various restrictions on the facade and materials. Business hours would be restricted to 6 a.m.- 11 p.m. Sunday through Wednesday and 6 a.m.- 12 a.m. Thursday through Saturday excluding hotels.

Restrictions also include a minimum 20% requirement of open space and a six-foot-tall privacy fence and evergreen tree buffer along the property line abutting single-family homes. The buffer is expected to be 60-70 "green giant" trees that are 12-14 feet tall when planted and grow to 25-30 feet within three to five years. There are also limits on lighting height and requirements to orient noise production, such as patios and speakers, toward the intersection instead of the neighborhood.

Traffic on University Street a 'key point'

Throughout the two-hour-long meeting residents asked questions and raised concerns about various topics though conversation often lingered and focused on safety and traffic in what the residents described as a "walking community."

Under the proposed rezoning, the development would be accessed by a full access point on University Street and restricted access on Sunshine to allow for right in and out but left-in only traffic. Access from National would not be allowed and mediums to control traffic would be constructed on National and Sunshine.

Many expressed concerns about the use of University Street by patrons of the development and the traffic it will generate through the rest of the neighborhood, particularly with how congested National and Sunshine can already be during peak hours. Traffic calming measures would be required on University Street and Hampton Avenue if the rezoning was approved, though specifics about what those would look like would only be determined by the city at the time of development.

While the developers would like to add a gate unto University Street roughly two houses west of where it meets National to deter traffic from going through the neighborhood, Wynn said the city is against the measure as the city is liable for the street. Two access points on Sunshine would not be allowed due to spacing and an access point on National would be too close to the intersection by the city's standards.

But traffic, both existing and additionally generated, is a Catch-22.

"One of the biggest challenges with development is traffic generates development. The developers, the users, the end users, the shopping centers, they want to be on the busiest corner, and that's just the truth of the matter," Wynn said, highlighting that the already-busy traffic will continue to attract developers but development will also bring more traffic.

Uncertainty of future remains top of mind

Tensions rose and fell as neighbors remained wary of the uncertainty that the rezoning would open up to the neighborhood. Duda said it is too early to tell whether BK&M will be the ones to realize the plans or whether it may be someone else.

Some called for more compromises such as ridding of multi-family housing as an allowable use and the access point on University Street. Wynn noted that the developer has already made plenty of concessions, both with the restrictions in the COD and by conceding a piece of right of way to allow for a right turn lane to be constructed on south-bound National Avenue, and by investing time and money in the process throughout the years. Neighbors countered that they too had invested in their homes.

"I know that everyone in this room is probably against this development. I know that a lot of things or most things we are going to do aren't going to make you guys happy," Wynn said. "But ultimately, I'm not saying it will be, but if this property is developed, we want to put as many things in the COD to protect you guys."

Duda invited residents to form a collaborative committee to discuss the plans further as a touch-point between the developers and the neighborhood. While many residents seemed open to this effort, some were fearful that any agreed-upon understanding with BK&M would be in vain if another developer pursues plans after a rezoning is already passed. Some nearby homeowners expressed support of an assisted or senior living facility that could dovetail with the nearby medical facilities on the intersection, but remained wary due to the broad range of other options the rezone would leave open.

Wynn said in the city staff's view the proposal conforms to the comprehensive plan as a transitional development. University Heights resident Stephanie Shadwick felt it was not transitional enough, straying too far from the residential character of the neighborhood, and wanted to see a plan in place through the development process that contributes to the neighborhood's quality of place and walkability.

The rezoning case is expected to go before P&Z Aug. 8 with council's public hearing slated for Sept. 9 and final vote on Sept. 23.

More: Will University Heights dispute ever end? Parties exchange threats of future litigation

History of the corner, development plans

The project was first submitted in mid-2022 with vague considerations of general retail storefronts with executive lofts above. That then developed into a proposal for "The Heights" — a five- to six-story complex with two restaurants, a series of retail or office spaces and at least two floors of "executive lofts," according to previous News-Leader reporting. P&Z rejected this commercial rezoning, but Springfield City Council remanded the case back to P&Z upon the developer's request in mid-2023 to adjust The Heights proposal prohibiting certain commercial uses, restricting the architectural style and limiting business hours.

In December, The Heights proposal was changed to a three-story food hall development with an indoor children's playground and four pickleball courts. Still, the rezoning failed to get the support of P&Z with calls to pursue the project as a planned development, that would bring more guarantees, instead. Before the case could go before council, the developer withdrew the application and instead submitted one for planned development. As the judgement in the lawsuit was still pending, BK&M hit pause on that route until now.

Throughout all of this, BK&M and a group of University Heights residents have faced off in court regarding almost 100-year-old deed restrictions. The neighbors had filed the suit in an attempt to enforce the deed restrictions that restrict any construction on the lots to a single residential dwelling. Last month, Greene County Circuit Judge Derek Ankrom sided with the developers claiming that most of the restrictions have been waived by the residents themselves and therefore cannot be enforced on BK&M's properties.

The group of neighbors filed a motion Monday asking the judge to amend and modify his ruling and instead side with them. In the motion, the neighbors argue the court misinterpreted the law by tying the single residence restriction to the other restrictions, finding that violations constitute a waiver and that the single residence restriction was violated at all.

But BK&M are not the first to try to rezone the corner. In 2016, neighborhood opposition resulted in the failed attempt to transform the property into a hospitality house for people with a loved one in the hospital.

Marta Mieze covers local government at the News-Leader. Have feedback, tips or story ideas? Contact her at mmieze@news-leader.com.

This article originally appeared on Springfield News-Leader: Newest University Heights proposal brings traffic concerns, uncertainty