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Category Archives: hillbilly

If the plat complies with the regulations, approval is mandatory


Real estate developers (remember them?) sometimes feel as though they’ve been pulled through a knothole backwards by the time they get a proposed subdivision plat to the stage at which it can be submitted to the local government for approval. According to several Missouri appellate opinions, if a proposed plat complies with the subdivision regulations, the local government has no choice but to approve it.

But reality is different, as shown by Alexander & Lindsey v. Platte County, an opinion issued last week by the Court of Appeals for the Western District of Missouri. The court reversed the trial court’s refusal to order that the Platte County Commission approve Alexander & Lindsey’s preliminary subdivision plat. But the appellate court noted that the county government would have additional opportunities to coerce Alexander & Lindsey into making more concessions if it attempted to go beyond the preliminary plat to the submittal of a final plat.

“Preliminary plats” are not mentioned in Missouri’s statutes that authorize counties to adopt and administer subdivision regulations. But the two-stage plat approval process is valuable for developers and planning and zoning boards. The preliminary plat approval process is often the means of obtaining approval for an entire project to be constructed in phases. Once the preliminary plat is approved, the developer can proceed with some confidence that final plats of each phase of the project will be approved when submitted. The preliminary plat approval process, sometimes done in conjunction with a rezoning application, introduces the proposed project to the public and the scrutiny of neighbors and a variety of government agencies.

During the preliminary plat approval process, the developer learns that the subdivision regulations, as written, do not represent the full scope of requirements. Often the government’s preferences for stormwater control, traffic signals, intersection improvements and other expensive issues are not expressed in the regulations. The preliminary plat application doesn’t seem to move forward, until the developer has agreed to install infrastructure that is beyond the requirements of the regulations.

When Alexander & Lindsey submitted a preliminary plat for a commercial subdivision with five lots ranging in size from 2 to 4.6 acres. Alexander & Lindsey completed a traffic study and a drainage study, which were approved by the county’s engineer and the Missouri Department of Transportation (MODOT).  The Platte County planning and zoning director found that it complied with the county regulations and recommended that the P&Z board approve it.

When the preliminary plat hearing took place before the P&Z board, several persons expressed concerns. Expressing “concerns” are a common manner of objecting to a project for reasons that are not based on regulations. A public water supply district represented that it could supply drinking water, but not in adequate volume or pressure for fire-suppression. An alderman from the nearby town of Weston was concerned that the project’s building setback line was only 75 feet, rather than 100 feet, as required by Weston’s ordinance; Weston had previously rejected the developer’s annexation petition. MODOT’s engineer stated that MODOT regulations did not require the elimination of a driveway, as suggested by a P&Z board member.

Even though the proposed preliminary plat fully complied with all regulations, the P&Z board voted it down. The developer appealed to the Platte County Commission, which was not bound to follow the P&Z board’s recommendation. The Commission upheld the P&Z board’s denial, citing four reasons:

  • lack of specification of proposed uses
  • lack of water for fire suppression and lack of sewer facilities
  • potential impact of possible sewer lagoons on neighboring properties and the public
  • potential for traffic hazards from the existence two driveways

The appellate court noted that these four objections were outside the scope of the county’s subdivision regulations. Therefore, the county’s refusal to deny the preliminary plat was arbitrary, and the trial court was instructed to order the Commission to approve the preliminary plat.

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Goats have it made, but for the fence

Goats have it made, but for the fence

A beautiful spring day in southern Christian County, Missouri, with dogwoods in bloom. I hope you weren’t working on your taxes.

Ozarks economy in poetry, or what was Frederick Seidel thinking?


They bring the Dow Jones into the Ozarks and the Ozarks into the E.U.
A raving flash flood vomits out of a raindrop. The Western World is in the I.C.U.

What?

My eye caught the unexpected words “canoe” and “Ozarks” words as I was reading an article in the Jan. 10 issue of The New Yorker. The words appeared in a poem called “Rain” on the same page as the article I was reading.

The poet is Frederick Seidel, born in St. Louis in 1936. The poem begins by referring to events of the spring of 2010, “The coldest spring in living memory everywhere,” the recession, “teen vampires are the teen obsession,” Germany’s reluctant economic aid to Greece, a heat wave in Texas, and floods in Tennessee.

Suddenly the poem shifts to the Ozarks: Read the rest of this entry

“Winter’s Bone” and the image of the Ozarks


This summer, people around the country will be seeing the movie version of Daniel Woodrell’s 2006 novel, “Winter’s Bone.” They’ll wonder if the movie shows life in the Ozarks as it really is. The movie was filmed in Taney and Christian counties in Southwest Missouri, during the winter of 2009. You can see the trailer and read a synopsis of the plot.

This movie, with its glowing reviews and big success at the Sundance Film Festival, raises a couple of interesting questions: Read the rest of this entry

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