Archive for Thursday, February 5, 2004

Arbor Ridge rezoning denial appealed

February 5, 2004

The developers of the Arbor Ridge subdivision have appealed the De Soto City Council's denial of two rezoning requests to Johnson County District Court.
The Council voted in December to deny rezoning 20 acres of the property to the city's multi-family housing classification of R-2 and another 60 acres to R-1A, a classification that allows the greatest density of single-family housing.
The rezoning would have allowed the developers, Lambie-Geer Homes, to build 181 homes and 58 two-unit townhouses on the 90-acre site southeast of the 83rd Street/Kill Creek Road intersection.
The action came as the 30-day deadline for such an appeal was expiring.
The developers' attorney, Chase Simmons, didn't return phone calls to the Explorer. After the Council's Dec. 17 denial of the rezonings, Simmons said his client would be reluctant to appeal. Such a move would cloud relations with the Council for the Arbor Ridge property and a large tract Jim Lambie owns west of Edgerton Road that he would like the city to annex, the lawyer said.
Still, Simmons said the developers had to find a way to make the Kill Creek Road property work and thought the developers had a good case for appeal.
The appeal cite's the city staff's recommendations the rezoning be approved, calling the Council's denial "arbitrary and capricious."
City Attorney Patrick Reavey said he was confident the city would prevail in an appeal.
"The Council did follow the Golden criteria," he said. "It's not required that you follow the staff's recommendation."
Mayor Dave Anderson was equally confident the City Council's unanimous decision would stand. But he and Reavey said Lambie-Geer said the appeal was a somewhat routine move the developers took to protect their interest.
Anderson said he meet with Lambie since the denial and the developer had met or would meet with Council members to discuss concerns. Anderson said he expected another application that would be more acceptable to the Council.
Zoning appeals do not require juries. The judge will make the decision based on information he received, including minutes of planning commission and city council proceedings.

Commenting has been disabled for this item.