A proposal to build a new 121-home subdivision near the intersection of Old Lemay Ferry and Vogel roads just outside Arnold has upset some nearby Imperial residents who say they are the sole owners of one of the proposed access points for the development.
The Jefferson County Planning and Zoning Commission recommended approval of McBride Home’s petition, which included rezoning the 51-acre property where the subdivision would be built, a proposed development plan and a preliminary plat, at the Jan. 8 regular meeting.
The subdivision is called Bella Terra Addition, and, if finally approved, would connect to McBride’s ongoing 99-home Bella Terra development directly north of the property in question.
The commission voted 7-2 to recommend approval that the Jefferson County Council approve the subdivision. Commissioners Jeffrey Spraul, Johnathan Sparks, Mike Huskey, Danny Tuggle, Rodney Wideman, Drew Ishmael and Jessie Scherrer voted in favor, with Commissioners Chris Moenster and Michael Siebert opposed.
The County Council, which has the sole authority over rezoning in unincorporated Jefferson County, will likely consider a resolution to approve the rezoning request and development plans at a future meeting.
The County Council approved McBride’s original proposal for Bella Terra in July 2023. If the addition is approved, it would include 121 lots ranging from 5,200 to 10,000 square feet. Katie Peroutka, associate general counsel with McBride Homes, said the developer will build ranch-style and two-story homes in their “Bayside” series style, which includes six or seven floor plans in the traditional and farmhouse designs, with brick and stone masonry elements.
Bella Terra Addition will have two entrances and exits, one on Villa Vista Court, which McBride already owns and maintains as part of the original Bella Terra subdivision. Villa Vista Court connects to Vogel Road. The other access point would be Dogwood Lane to Black Oak Drive, which connects to Old Lemay Ferry Road.
Melissa Alubaidy said she lives in the private Black Oak Manor subdivision, which has one entrance and exit onto Old Lemay Ferry Road from Black Oak Drive. She said she and the other seven homeowners in her subdivision oppose Bella Terra Addition.
Alubaidy said Black Oak Drive and Dogwood Lane are privately maintained and owned by the homeowners in her subdivision, and McBride should not have the right to access the roads for their subdivision.
“We are opposed to the disruption that the approximately 121-house subdivision called Bella Terra Addition is going to cause to our quiet lifestyles,” she said. “We understand that the project is most likely going to go forward, and we are simply seeking a few minor concessions in an effort to alleviate significant hardships to us and potentially dangerous situations to all of the neighbors.”
Alubaidy proposed that McBride build its own road instead of connecting to Dogwood Lane and Black Oak Drive or find some other way to provide access to residents other than using her subdivision’s roads.
According to a county staff report, Black Oak Manor’s roads were created in 1973, with the original property owners specifically reserving themselves, any heirs or assigns the right to use the roads. The owners also reserved the right to convey rights to the roads to future parties.
“Our understanding of the chain of title is that the owner who reserved that right back in the 1970s is the predecessor and title to the current applicant, so that right would have descended,” said Jason Cordes, deputy county counselor. “We did receive a letter from counsel for the property owners, or some of the property owners, in the Black Oak Manor subdivision, with some arguments about the subdivision restrictions for Black Oak Manor somehow divesting the original owner of that right to access Black Oak, or otherwise conveying the interest to access Black Oak. In looking at the counsel’s letter and in looking at the subdivision restrictions, those arguments are unpersuasive.”
Katie Peroutka said McBride is “confident with our access rights” to Black Oak Drive and Dogwood Lane. The developer has agreed with county staff requirements to make upgrades to the roads to remain in compliance with the county’s unified development order. That means the new subdivision’s connection to the roads must be 28 feet wide with lighting and signage included, and it must comply with the county’s requirements on minimum sight distance and grade.
“We can’t make concessions (on Dogwood Lane and Black Oak Drive) because that is the legal access to the property,” Peroutka said. “We certainly want to be good neighbors. We have agreed and committed to staff to improve Black Oak and the portion of Dogwood that connects to Black Oak that our folks will be driving on.”
Based on a traffic study completed by CBB in September, the county will require McBride to add a northbound left-turn lane on Vogel Road at the main Bella Terra subdivision entrance. The engineer for the development is also required to submit sight distance profiles to the county, “showing that the required sight distance is met,” particularly at the Black Oak Drive intersection with Old Lemay Ferry Road.
Lynette Rasch said her house is on the other side of Old Lemay Ferry, opposite Black Oak Drive, and she is worried about additional vehicle traffic coming from the proposed development.
“Tonight, it took 25 cars for me to make a left out of my driveway (onto Old Lemay Ferry Road),” Rasch said at the Jan. 8 meeting. “Making left-hand turns out of Black Oak is going to be very difficult.”
Charles Hangge, a Black Oak Manor resident, echoed Rasch’s concerns. He said Black Oak Drive is steep, and emergency vehicles would have a difficult time accessing the Bella Terra subdivision.
Mike Faulkner, vice president of Sterling Engineering and a McBride representative, said he is working with local emergency service providers to ensure access at Black Oak Drive. He also said Bella Terra’s other access, off Vogel Road, will most likely be the primary access point for emergency vehicles, not Black Oak Drive.
Commissioner Jeffrey Spraul, who voted in favor of the development, said the proposed subdivision met all the county’s requirements but didn’t necessarily assuage his personal feelings.
“Just because I don’t like it doesn’t mean it’s not right,” he said. “That’s the hard part; that’s what you have to consider. Does it meet the UDO? Does it meet all the requirements and regulations, irregardless of what I think about it?”
Peroutka said the proposed development meets those requirements.
“McBride is the largest homebuilder in the state of Missouri. We are developing in over 40 different communities currently, and we’re celebrating 80 years in business this year,” she said. “I believe that speaks to our stability, which is really one of our greatest strengths.
“We feel this project perfectly aligns with the county’s master plan. This is an area designated as a primary growth area, and this project furthers the goals of the master plan to bring more single-family homes to this area.”