At its next meeting on February 10, Springfield City Council is poised to authorize the preliminary layout for a new subdivision, called Chimney Rock, with 40 houses packed onto 8.69 acres.
The proposed development is located just south of Battlefield Road, west of the Galloway neighborhood’s Lone Pine Avenue corridor.
Scores of nearby residents from the affluent Chimney Hills and Chimney Hills Place subdivisions turned out at Monday night’s Council meeting. They opposed the project, citing fears of excessive car traffic putting kids in harm’s way, problems with stormwater retention and worries their property values might fall.
Resident Pat Scott spoke to Council as nearly two hours of debate wrapped up. She argued the Chimney Rock plan violates the city’s comprehensive plan, Forward SGF, adopted two years ago.
"I don’t know why I get the feeling that city staff works for the developers," Scott said. "It seems like they do. I don’t know if we have a voice as citizens or not.”
All this comes despite a housing shortage that Springfield government officials see as a severe and pressing problem for Missouri's third-largest city — a community where most residents don’t own their homes.
Springfield City Attorney Jordan Paul began Monday night’s debate by instructing the elected council members that their duty regarding Chimney Rock’s preliminary plat ordinance was “administrative” or “ministerial,” as opposed to “legislative.”
In other words, they’re administering the rules, not creating them. Thus, if the developer’s subdivision plan meets the requirements of state and local law, Council must approve it, the city attorney said, regardless of whether members think the plan is a good or bad idea.
If Council dismisses this advice and votes against the rough subdivision plan, known as a preliminary plat in city code jargon, Springfield taxpayers risk being held liable in a civil lawsuit.
Springfield officials cited a Missouri Supreme Court case from 2006 to bolster this argument. Judges found the City of Kansas City liable for more than $170,000 in civil damages due to the KC Council’s decision to delay approval on a developer’s preliminary plat ordinance — much like the one proposed for Chimney Rock.
A scenario where voting yes is the only lawful option didn’t sit well with every council member. Here’s Craig Hosmer, serving on General Seat B since 2013, speaking to the city attorney on Monday night.
"This is the first time since I’ve been on council for 12 years that we’ve ever gotten a memo — and again, I’m not critical of the result that was reached," Hosmer said. "The first time we’ve ever been given a memo that says the only discretion we have is to vote yes. I have a problem with that. If we were going on to vote tonight, I would vote no.”
A vote is expected February 10.
