A new 121-home subdivision development near the intersection of Old Lemay Ferry and Vogel roads, just outside Arnold, is being delayed due to concerns that first responders could not access some of the homes quickly enough in an emergency.
Chief Kevin Wingbermuehle with the Rock Community Fire Protection District said one of the secondary access roads to the proposed Bella Terra Addition subdivision has a 17 percent grade. Under the fire code, he said roads cannot exceed a 10 percent grade; any grade over 10 percent would make it difficult for emergency vehicles to access homes. According to the fire code, roads must also meet requirements for width, angle of approach and departure, and maintenance.
The secondary access roads for Bella Terra Addition are Black Oak Drive and Dogwood Lane. It’s the steep grade on Black Oak Drive that is causing concerns for first responders.
Rock Fire has denied a request from McBride Homes, the developer, to build homes in the subdivision until McBride can find a solution for the steep grade on Black Oak Drive, Wingbermuehle said.
“The district supports continued development,” he said. “However, our priority is life safety. Fire codes exist because fires have tragically claimed many lives, including those of residents in our own community. Our responsibility is to reduce that risk to the highest level possible.”
According to county staff reports, McBride will also be required to bring the roads up to the county’s codes. According to the county’s unified development order, streets used for local access can have a maximum grade of 14 percent. Streets used for major local access can have a maximum grade of 12 percent.
“The (Rock Fire) Board of Directors may consider grades steeper than 10 percent, but only if the developer agrees to adequately mitigate the associated life safety risks through district-approved alternatives,” Wingbermuehle said. “In this instance, the submitted proposal did not provide an adequate mitigation plan.”
Bella Terra Addition is planned to connect to another McBride project that is currently under construction, called Bella Terra. That subdivision will have 99 homes, with the primary access road connecting to Vogel Road.
Wingbermuehle said McBride could potentially relocate the secondary access road, redesign the existing road to meet code requirements, or install residential fire sprinkler systems in the new homes to ensure the new subdivision meets the fire code.
He said, as of Feb. 26, there are no next steps scheduled with McBride regarding Bella Terra Addition.
“The district remains willing to consider acceptable solutions that protect future residents while allowing the project to move forward,” Wingbermuehle said.
McBride did not respond to requests for comment.
Ownership
The Jefferson County Planning and Zoning Commission recommended approval of McBride Homes’ petition for Bella Terra Addition to the County Council on Jan. 8.
The petition included a request to rezone the 51-acre property from single family residential zone district to a planned residential zone district and a development plan for the subdivision.
The County Council approved McBride’s petition 5-0 on Feb. 23. Councilman Brian Haskins (District 1, High Ridge) was absent from the meeting.
Before it was approved, Councilman Charles Groeteke (District 4, Barnhart) added an amendment stipulating that McBride must prove to the county it has access rights to Dogwood Lane and Black Oak Drive before development can begin.
McBride representative Katie Peroutka said the home building company would comply with the amendment.
The amendment follows concerns raised by homeowners living in the Black Oak Manor subdivision, who said at the Jan. 8 P and Z meeting that they are the sole owners of those two streets, and McBride should not have access to them for Bella Terra Addition.
According to county documents, McBride will be responsible for the ongoing maintenance of the portions of Black Oak Drive and Dogwood Lane it plans to use.
Peroutka said at the meeting that the home building company is “confident with our access rights” to Black Oak Drive and Dogwood Lane.
According to a county staff report, Black Oak Manor’s roads were created in 1973, with the original property owners specifically reserving for 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.
Deputy county counselor Jason Cordes added that some Black Oak Manor property owners sent a letter to the council, which argued that subdivision restrictions stripped the original property owner of access rights to Black Oak Drive. He said that their argument was “unpersuasive.”