A group of disgruntled residents is suing the city of Pacific over Manors at Brush Creek, a planned residential subdivision the city approved in July.
A lawsuit filed by Pacific Zoning Matters, an organization founded by several Pacific residents and represented by attorney Sean Brinker, alleges that the city’s actions were in violation of its own municipal code and state law, and asks the court to declare all the ordinances approving the subdivision null and void. The lawsuit names the city of Pacific and Elite Brush Creek Development, LLC as defendants.
Manors at Brush Creek is an 11.5-acre, 45-home subdivision being built by McBride Homes along Lamar Parkway between the Union Pacific Railroad and Old Gray Summit Road.
This lawsuit is the latest development in a battle that has been ongoing for months. The subdivision first attracted significant controversy over the summer as a group of Pacific residents voiced concerns during a series of contentious public hearings. The residents were angry about the housing density of the subdivision and the new traffic it would bring.
At the end of those public hearings, the city voted unanimously to approve a zoning change that made the subdivision possible.
This lawsuit alleges that was illegal.
It states: “The approval of the Subdivision was both arbitrary and capricious, as Defendant failed to follow state and local law, its own Comprehensive Plan, and failed to adequately appreciate and consider the character of the surrounding area, as well as the impact the Subdivision would have on traffic, safety and property values.”
In a statement to The Missourian, city officials pushed back against this claim:
“The City respects the plaintiff’s right to challenge the Board of Aldermen action. However we firmly believe the board acted within the authority of City ordinance and provisions of Missouri law. We will vigorously defend this lawsuit and fully expect a ruling in our favor.”
Pacific Zoning Matters’ lawsuit argues that building 45 single family homes there will substantially increase traffic and create a risk that first responders will not be able to adequately travel through with the additional traffic.
However, after repeatedly hearing these traffic concerns, the city commissioned a traffic study, the results of which were released in February. The study, which was done by consulting firm Lochmueller Group, estimated the new subdivision would not delay traffic along Lamar Parkway by more than 15 seconds on average.
The lawsuit also argues that the density of the subdivision is too high to abide by local ordinances.
“The obvious purpose for rezoning the Lamar Parkway Tract and granting the PUD (planned use development) was to enable the developer to build more houses on smaller lots,” the suit reads. “However, this is contrary to Defendant’s own ordinance which prohibits this precise conduct.”
It cites the city’s comprehensive plan, which asks that infill development not exceed 125 percent of average surrounding development. The city has previously argued that this plan is not binding, but the lawsuit argues that “Pacific Code 410.020 and Mo. Rev. Statutes 89.040 all suggest, if not outright dictate, that the Comprehensive Plan is binding and must be followed before any rezoning or subdivision of land is granted.”
Chapter 410.20 of Pacific code reads: “All subdivision plans shall be in harmony with the Comprehensive Plan, zoning, minimum design and development standards and other requirements herein and other ordinances and regulations adopted by the City of Pacific. Insofar as the Comprehensive Plan does not indicate size, location, direction or extent of a street, the arrangement of streets in a subdivision shall provide for the continuation of the principal streets existing when adjoining property is subdivided or developed.”
A hearing is scheduled for this case on July 19.
“Defendant knowingly, willfully and blatantly failed to follow governing law,” the suit reads. “Even after being advised of the precise issues, Defendant, acting through its Mayor and Board of Aldermen, flaunted the rules and continued to push for passage of the rezoning, Subdivision and PUD without properly considering the law and important matters such as density, harmony, traffic and safety.”
Karla Stewart, president of Pacific Zoning Matters, told The Missourian she did not have any comments beyond what was written in the lawsuit.
