City: Galloway Village subdivision decision not subject to referendum process

The city of Springfield has responded to a petition that seeks to undo City Council's recent approval of a new subdivision in Galloway Village, leading the petition organizers to explore next steps.

A March 19 letter to petitioners from City Clerk Anita Cotter states that the proposed repeal of council's approved preliminary plat measure for the Chimney Rock subdivision is not subject to the referendum process. City spokesperson Cora Scott confirmed the authenticity of the letter posted March 22 to the Springfield/Greene County Start Local Facebook page.

"I have discussed this matter with the city attorney's office. Special Ordinance 28100 is an act that is administrative in nature. Administrative acts are not subject to referendum," Cotter wrote in the letter, pointing to State ex rel. Whittington v. Strahm as relevant case law. "Therefore, the petition is void."

Reached by email this morning, petition organizer Sonja Shaw said the petitioners do not agree with the city's assessment on the matter. Shaw pointed to a portion of city code indicating that qualified petitions should result in an ordinance either being repealed or submitted to a ballot vote.

"We are seeking all options available to put the vote to the people," Shaw said. "Since we are a charter city, we researched our city charter for guidance. City code states the electors shall have the power to approve or reject any ordinance approved by City Council."

At its Feb. 10 meeting, council voted 8-1 in favor of authorizing the preliminary plat for the Chimney Rock subdivision at 3040 S. Arcadia Ave. and accepting the dedication of its public streets and easements. The subdivision proposed by JCRS Development LLC seeks to subdivide 8.7 acres in Galloway Village into 40 lots for single-family homes. The development site is located near the intersection of Battlefield Road and Lone Pine Avenue and is adjacent to the Chimney Hills and Chimney Hill Place subdivisions.

City Attorney Jordan Paul told council members at the Jan. 27 meeting that their role was administrative, and they had no option but to approve the plat if they find that it met the previously approved subdivision regulations, according to past reporting. Councilmember Craig Hosmer, who cast the lone vote against the measure at the Feb. 10 meeting, pointed to a letter from an attorney representing the neighborhood, who said a conditional overlay district prohibits the use of the access roads proposed in the plat.

A previous case in Galloway Village over a mixed-use housing development proposed by Elevation Enterprises LLC resulted in legal action against the city and a citywide vote in which 71% of voters rejected the development.