Shiloh board approves controversial Heitman Tract rezoning

The Shiloh Board of Trustees on Monday passed rezoning the controversial 169-acre Heitman Farm Tract.

By a 5-1 vote the Board of Trustees approved the rezoning which has been hotly debated in recent months.

“It’s finally come before the board again, after being tabled for two months,” Trustee Kurt Burrelsman said.

The property, currently owned by JMB123 Properties LLC, proposes to have 291 houses built valued between $400,000 and $500,000. Fifty of the houses are proposed to be built on one acre lots. the remaining 241 houses are proposed to be constructed on  1/2 acre lots.

According to village ordinance, construction traffic will only be allowed on Valleyview Farm Lane.

Kim Littlefield, owner of both the property and LLC, was not in attendance.

But his lawyer, Lisa Johnson, of SmithAmundsen in St. Louis was present. She earlier presented a power point presentation for the board and attendees previously to understand the intentions and reasoning for the rezoning application, as well as additional details of the development.

“The developer is very aware of the issues you have all spoke of, and plans to address them accordingly when the time comes, but as of now, our request is simply to approve rezoning the area, and next we will submit our development plan,” Johnson said Monday.

During the June 27 Committee at Large meeting, trustees voted 4-2 against approving the rezoning, after many residents pleaded with the board to deny approval — and it worked then, but not now.

After several motions, the trustees approved the rezoning request with two stipulations: there will be no through traffic will be allowed to use Archview Drive until the road goes from Lebanon Avenue to Green Mount Road is connected and 30 percent of the homes are constructed, Archview Drive will be opened to the new subdivision,” Mayor Jim Vernier said.

The Planning Commission on June 13 voted unanimously for the rezoning before forwarding to the trustees for approval.

About 50 people, including Marilyn Almind attended Monday’s meeting held at the Shiloh Senior Center.

“They didn’t listen to anything we said,” said Almind, homeowner’s association president of Meadowbrück Lake Estates subdivision, after the zoning request was approved.

The property being rezoned sits at 4095 Lebanon Avenue, which was zoned as Non-Urban (NU), and planned to be divided into two separate zoning sections. The first section is to be changed to a requested 55.11 acres of R-1 Single Family Zoning with a minimum lot size of 22,500 square feet. The second section is to be changed to a requested 114.67 acres of R-3 Single Family Zoning with a minimum lot size of 12,500 square feet.

Almind presented two, six-page petitions to the board.

The first, with 81 signatures, states residents in Meadowbrück are opposed to the development because of the negative impact and additional damage to properties in the subdivision from construction activity and installation of new roads and utilities over an active mine that is already causing damage to existing properties, as well as the sale of homes to buyers with knowledge and unsuspecting over an active mine.

The second, with 89 signatures states, residents in Meadowbrück are also opposed to a connection between the proposed development and Meadowbrück because of issues including: safety and security, additional traffic, and existing infrastructure impact.

“There is an overwhelming amount of residents just in our subdivision alone, not including others, who are very concerned with the proposed development, and we urge the trustees to reject any plans to connect our subdivision with the new one,” Almind said.

Representing others sitting around her during the meeting who didn’t stand and speak, Almind summarized the main concerns for trustees.

“Many are worried about the active mine and what the developer will do to mitigate that issue, as well as not worsen it for property owners already impacted by it, plus it’s not fair to new homeowners who may buy a home there. The other problems are increased traffic posing a safety concern; the wear and tear of our neighborhood streets, drainage and water runoff issues,” she said.

Lacey Horn, of 3759 Boatmans Point, signed both petitions, and asked the board about her active mine subsidence and the problems she may incur with construction in the foreseeable future.

“I’m living in a home with active mine subsidence right now, so my concern is if this is going to be developed and the further movement of the land, and how that may affect my property?...We have the best of both worlds with the mine subsidence and the drainage issues,” Horn said.

Trustee Bob Weilmuenster was the sole opposing vote, saying he didn’t want Archview Drive of Meadowbrück Lake Estates subdivision to be a connector street with the proposed residential development.

“I’ve lived here for 24 years, and there’s been three major accidents,” he said. “The first involved two vehicles in a driveway, a car comes down takes a mailbox out, pushes the first car through the garage door, takes the second car throws it up underneath the porch up against the front door, and winds up in the street upside down.”

“We have no sidewalks, it’s not well lit at night, people walk and have seen people and almost hit people myself coming home at night. I’m not against the rezoning or the neighborhood, but opening up Archview is going to cause huge amounts of traffic and safety issues. That’s all I have to say,” he said.

Weilmuenster earlier proposed to approve rezoning with the stipulation that Archview Drive never become a connector street between the current Meadowbrück and proposed The Summit of Shiloh subdivisions. But his motion never reached a vote.

Trustee Tina Warchol proposed to approve the rezoning, with the stipulation of no construction traffic to go through Archview Drive, and not to allow the drive to be a connector street until homes are being “lived in and developed.”

Trustee Mark Kurtz pointed out the difficulty that arises for the village officials and project engineers to designate at what point should Archview Drive be connected to the new subdivision.

“Do a percentage, then you got your answer,” one resident called out to the board.

Kurtz reminded Vernier that he had earlier made a suggestion to village attorney Terry Bruckert that connection not be made until after the east-west connector main thoroughfares connected completely and 30 percent of the homes are built out.

The 105-page traffic study report completed in May by Horner and Shifrin and the 30-page 4095 Lebanon Avenue rezoning presentation from the June 27 meeting are both available on the village website under the agendas tab.

This story was originally published August 3, 2016 at 3:02 PM with the headline "Shiloh board approves controversial Heitman Tract rezoning."