The Festus City Council has approved a developer’s request for a planned unit development (PUD), paving the way for a 129-house subdivision to be built on property along Buck Creek Road on the western side of town that the city recently annexed.
On Monday, in front of 50 or more people who filled the council chambers and spilled out into the City Hall lobby, the council voted unanimously to approve a petition from KAB Construction of Hillsboro for a PUD, which is less restrictive than the current zoning for the property.
Many attendees opposed the development, showing their displeasure by cheering those who spoke against it and scoffing at city officials who said the city followed the proper procedures for annexing the property and approving the development.
Several of those who opposed the development said they were worried the new subdivision would negatively affect traffic safety on Buck Creek Road. Others questioned whether the city followed proper procedures when annexing 84 acres along the north and south sides of Hwy. A just west of Pasta House restaurant that includes part of Buck Creek Road where the subdivision will be built.
That voluntary annexation was approved in July.
City Administrator Greg Camp said the property was zoned R-3 residential, which meant KAB Construction could have started building the subdivision any time after the annexation was approved. The PUD merely gives the company more “flexibility,” he added.
The PUD allows KAB to build the subdivision with 28-foot-wide streets (down from the zoning’s 30-foot requirement) and 5-foot setbacks (down from the zoning’s 7-foot requirement), Camp said.
The proposed subdivision is to be built on about 54 acres of the annexed property, according to city staff.
Despite council members pointing out that only the matter of the PUD was to be decided at the meeting, several speakers brought up the annexation and questioned the process, complaining that they had not received letters informing them of the proposed annexation.
Susan West of the Westhill subdivision outside the city limits and near the proposed subdivision said she and others she knew did not receive letters telling them of annexation hearings, with some only receiving letters about the PUD hearing held prior to a Planning & Zoning meeting.
“Then we found out the parcel had already been annexed and the zoning hearing had already happened,” she said.
Camp said the city paid to have an ad published in the Leader in June informing the public about the proposed annexation. He also said there is no requirement for the city to send out letters to neighbors of proposed annexation areas.
“We are not required to send letters on annexation,” he said. “That’s only required on zoning. So the statement (that certified letters should have been sent about the annexation) is wrong. That’s what we did with the PUD (sent letters to neighbors).”
Grant Winnett, who lives on Buck Creek Road near the proposed subdivision, said he has consulted legal counsel about the annexation.
“I’ve conferred with legal counsel on the validity of the annexation,” he said. “So we’ll see what comes to that.”
Mayor Sam Richards did not take the comment lightly.
“Don’t threaten this council or myself,” Richards said.
Two others spoke against the development, and one person spoke in favor of it during the public comments section of the regular meeting. Three other people spoke against the project during a public hearing on the matter held immediately before the regular council meeting.
During the meeting and after, Camp and several council members maintained that they followed all required legal procedures throughout the annexation process and will continue to do so while KAB proceeds with required municipal permitting for the construction work.
Michael Christopher, the city’s Public Works director, said just that afternoon he had received a preliminary report on a traffic count survey the city paid the TREKK engineering firm $19,900 to complete. The report basically forecast that the subdivision would not overburden traffic on Buck Creek Road and thus would not create safety issues.
Christopher said he would share the survey information with those who want to see it.
“The study did make some recommendation as far as signage or sightlines,” Camp said. “We’d be happy to share that.”
Council members and project opponents noted that Buck Creek Road falls under the jurisdiction of the Festus Special Road District, and Camp said the city is eager to work with the Special Road District on issues pertaining to Buck Creek Road.
He said that even though the road is Special Road District’s responsibility, the city paid for the survey.
On Tuesday morning, Larry Barnes of KAB said plans for the subdivision are not complete, but his company will proceed properly when building the subdivision.