Judge stays Arbor Ridge zoning appeal
Johnson County District Judge Allen Slater issued a 90-day stay in Lambie-Geer Homes' appeal of the De Soto City Council's denial of the developer's request to rezone acres near the 83rd Street/Kill Creek Road intersection.
The order came after De Soto City Attorney Patrick Reavey and attorneys for the developer met with Slater earlier this month. In January, Lambie-Geer appealed the City Council's unanimous decision of a month earlier to deny two rezoning requests for about 76 acres of a 90-acre plot. One request would have rezoned a majority of the property to a single-family home classification that allows denser development than the city's base suburban zoning. Also, 18 acres were to be rezoned to allow the construction of townhomes.
Although the Council acted on Lambie-Geer's rezoning, that request was accompanied by a site plan that would have built 181 homes and 58 duplexes.
Reavey said Tuesday he hadn't yet received a copy of Slater's order. But at the meeting, Slater indicated the city should consider a new plan the developer said it would propose after the rezoning was denied.
Reavey said he received a packet from the developer Tuesday and hadn't had time to review it. In addition to a formal request for the city to reconsider the rezonings, it appeared to contain a new site plan that indicated a subdivision with 207 homes and 37 duplexes.
Without studying the document, Reavey didn't know what context the city was to consider contents of the packet, he said. For example, the packet could be a new application or a starting point for discussion, he said.
Reavey said the judge's order would do nothing to change the Council's decision to reject the previous rezoning nor did it indicate the reasons for that decision were invalid. The De Soto Planning Commission and the City Council were under no constraints in considering a new request, which would be considered on its own merits.