YOUR BUSINESS AUTHORITY
Springfield, MO
Opponents of a proposed subdivision in Galloway Village are seeking a reversal of a recent Springfield City Council decision related to the development.
Petitioners yesterday turned in 1,996 signatures to the city, said Wendy Huscher, who helped lead the petition drive. She provided a copy of the petition, which calls for the repeal of council's approved preliminary plat measure for the proposed Chimney Rock subdivision.
City spokesperson Cora Scott provided a statement this morning that indicates the referendum process may not apply to the council decision.
"Council Bill No. 2025-017 is an act that is administrative in nature. It is well-established law that administrative acts are not subject to referendum," the statement reads, pointing to State ex rel. Whittington v. Strahm as relevant case law. "This said, the city will do a full legal review of the petition received."
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.
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.
“If the neighbors are right, we’re going to get sued. And if the developers are right, there’s probably going to be litigation anyway,” Hosmer said last month.
Hosmer also reminded council members of a previous case in Galloway Village over a mixed-use housing development proposed by Elevation Enterprises LLC. That issue resulted in legal action against the city and a citywide vote in which 71% of voters rejected the development.
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