By Pauline Masson –
Developer Mike Gallagher found himself in the middle of a bureaucratic head scratcher Tuesday Oct 24, when he asked the Planning and Zoning Commission to waive his responsibility to construct curbs, gutters and sidewalks at his new development on Indian Trails Road.
P&Z commissioners said the improvements were set by ordinance when the Board of Aldermen approved the Nottingham Ridge subdivision and street improvements with no waivers in 2016 and the Planning and Zoning Commission could not override the Board of Aldermen or set aside an ordinance.
But City Administrator Steve Roth disagreed. He said Gallagher was entitled to request a waiver to the street improvements on his subdivision and the city attorney had said Gallagher should take his waiver request to the Planning and Zoning Commission.
Gallagher Properties LLC is constructing Nottingham Ridge subdivision, a three-lot development at the junction of Indian Trails Road and Wood Haven Drive. He has converted a former barn into an upscale residence that is listed for $720,000.
Gallagher bought the property in 2015 when the Nottingham Ridge subdivision was already approved but the original developer Ron Grubbs got sick and left the development unfinished.
The Board of Aldermen approved Grubb’s plan for the subdivision, including the requirement that he construct curbs, sidewalks and gutters and pave half of the street from his subdivision to the center line of the street.
When Gallagher bought the property the city notified him that he had to abide by the approved plan and would have to construct the improvements. He was required to put up a $35,000 performance bond to guarantee the improvements before he began construction on the first lot.
Gallagher told P&Z commissioners at the Oct. 25 meeting that he was willing to abide by the original agreement and complete the street project as approved. But he said if built as planned, the concrete improvements would cause water run off problems. He said he had a better plan.
He told planning commissioners that he had met wth City Administrator Steve Roth and Public Works Director Robert Brueggemann and they agreed that his proposal would be better for the city. He proposed a trade off of asphalt for concrete where he would pave the entire street in lieu of curbs, gutters and sidewalks to prevent future water runoff problems.
Roth confirmed, in is staff report to P&Z, that he favored the paved street in lieu of curbs and gutters, as well as Gallagher’s right to request a waiver and the decision to bring the waiver request to P&Z.
Roth said he had been in support of a waiver on the curb, gutter and sidewalk requirement in 2016 when the original subdivision was approved and he continued to support the waiver today.
Roth further said that in 2016 he and the city attorney had come up with a plan to have the entire street built with curbs, gutters and sidewalks on both sides. The developer would pay for the cost of improvements on his side of the street and adjoining property owners would be assessed for the cost of the curbs, gutters and sidewalks on their side the street, which Roth said was allowed under state statutes. The board of aldermen rejected that plan.
Neighbors of the development told planning commissioners last Tuesday that they opposed the waiver.
Palmer Lawson said, “I’m an engineer and I do know something about water flow. I worked in the middle the Amazon jungle where it really rains, so I do know.”
“Anyway, they’re proposing a solution to a problem that does not exist,” Lawson said. “There is no real water problem right now. However, with the new development there could be a water problem and not having a curb in place, the water is going to go down, right to lot number three and run off immediately. And I don’t think the person who lives in driveway three is going to appreciate it.”
Bonnie Post said she was extremely disappointed in the comments in Roths’s report. (The full report can be read on the city web page at www.pacificmissouri.com/government/meetings & agendas)
“I am disappointed that this city staff would make this recommendation of supporting no curbs, gutters and sidewalks and some sort of asphalt overlay, “Post said. ” I thought Pacific was heading toward some sort of progressive outlook and attract more retail and home development.”
“We’re merely asking that Mr. Gallagher improve by ordinance his half of the street, curb, gutter and sidewalks and to not trade with the city for other things.”
James Mueller said Mr. Roth, in his report, had used terms ‘perspective, preference, recommendations, options.’ “Those are his personal opinions at best,” Mueller said. “He did not use words codes, or ordinances.”
Mueller also said that the Meramec Valley R-III School District and Bend Ridge Estates subdivisions had constructed the required curbs, gutters and sidewalks when they built on Indian Trails Road. He said if every builder installed the required improvements the street would eventually be built as needed.
Planning Commissioner Mike Bates said he could not see how P&Z would have the authority to take any action on Gallagher’s request. The subdivision plans, including the street improvements, had been approved by the board of aldermen in an ordinance.
Bates who has served on the board of aldermen, board of adjustment and planing and zoning, said he had never seen a request for a waiver from a project approved by the board of aldermen come to P&Z.
“I will not vote on this,” Bates said.
Roth pushed back, saying that Gallagher was entitled to request a waiver on the improvements and the city had advised him, when he purchased the previously approved subdivision, that he could request a waiver. He said the city attorney had advised that the request, or petition, be presented to P&Z.
P&Z Chair Linda Bruns said she agreed with Commissioner Bates and had not seen a request of this nature come to P&Z. After some discussion the commission voted unanimously to send the request to the board of alderman for their determination on how to proceed.
“They (aldermen) can vote it down, approve it, or send it back to us with a request for us to consider it,” Bruns said.
Another case of the admin staff dictating to the lawyer exactly how they want him to rule, so they can work around due process to grant a ‘favor to a friend’.
There was some back and for before the meeting and P&Z was not prepared for public hearing to be part of the process, and seemed to be unsure of when it started and ended.
Another failure of the lawyer’s advice was the discussion of weight limits on trucks serving the newly state permitted home businesses that the City is trying to regulate to death despite provisions in the state law that says otherwise. Guess they can’t stand not being in complete control.
Either way, the meeting would have gone smoother if the lawyer would have been present to explain his rulings, or may be not.
I think the way to go would be through the Board of Adjustment, and not through sneaky, back door tricks.
Staff needs to realize they are dealing with and educated Board and public, and not the ‘robots’ of the past.