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| O'Fallon Watchdog |
Exposing Corruption, Injustices and the Truth.
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In O'Fallon, this could happen to you...
By: Lisa Markham
I never thought my family and neighbors would have to fight so hard and so long to protect our biggest investment... our
O'Fallon homes. And we would never have expected to get more support and interest from two state and two federal
agencies than from our local officials, one of whom the three registered voters in our home voted into office in Ward 2 in
April.
But if it happened to my family and my Bramblett Hollow neighbors and it could happen to yours too - especially now that
there's a noticeable change at O'Fallon city hall. In the case of my family and neighbors we have seen little interest in our
needs and wants -- even though we are taxpaying O'Fallon residents. If you don't believe me please read this story which is
unfortunately 100% true and I have documents and the recorded city meetings to verify my statements and facts.
It started the fall of 2005 with a non-descript letter from the city O'Fallon sent to my neighbors and my home. Enclosed was
a map and letter stating my neighbors, some of whom were not in O'Fallon city limits, wanted to be annexed into the city and
then rezoned to C2 - Commercial zoning. The letter stated there would be a public hearing on November 3, 2005 to discuss
the annexation and rezoning. My husband called the O'Fallon Planning and Zoning Dept. where he spoke with the director,
David Woods. Mr. Woods informed us that the zoning was due to a developer's plans to build a large commercial
development behind our homes and he had the developer's plans at city hall. There was no mention of any commercial
planned project in the letter about the public hearing. When we asked if we could see the plans we were invited to come to
city hall to view them - just two days before the public hearing.
Ironically that day the developer called our subdivision trustee to meet Bramblett Hollow homeowners the night before the
O'Fallon public hearing. When the rest of my neighbors saw the plans and what was proposed, they were also caught off
guard. We did not realize the plans our neighbors had for annexation and rezoning was part of large big box commercial
development - planned 10 feet from my neighbors and my backyard property line - which by the way is O'Fallon code for
commercial rear buildings abutting residential. What is also ironic is the land right behind our homes had been zoned R1
(single family residential) since 1959 when St. Charles County first adopted zoning codes. However, since it was not yet in
O'Fallon city limits, technically our city's Planning and Zoning Department considered it un-zoned! So if your home or your
neighbor's home is adjacent to a residential home on acreage or vacant land be warned. That land or home could be out of
O'Fallon city limits and be annexed in and rezoned to commercial. By the way, the R1 zoning to C2 zoning was a jump of 7
zoning codes a very large rezoning jump by most people's standards.
November 3, 2005 - At the public hearing of the O'Fallon Planning and Zoning (P&Z) Commission we were allowed to make
comments about the plans we saw the night before. Naturally we did not have a lot of time to prepare adequately for our
public comments having seen the plans just 24 hours ago. My neighbors and my family have since found out a neighboring
subdivision, Copperfield, several miles away from the development in our backyards met with the developer in September.
This was weeks before our night before the public hearing meeting. Copperfield has several homes backing to Belleau
Creek that divides the proposed development and the plans called for the creek to be straightened and piped in. You can
draw your own conclusions but it gave the appearance we were purposely left out until the last possible moment to see what
was planned literally in our backyards. We surmised this is because our subdivision had the most to lose - instead of homes
miles away. Several of my 14 neighbors and my husband and I all voiced our concerns to the P&Z Commissioners
regarding the developer's plans. Mayor Morrow did mention the building was jammed against our subdivision and the
builder did not meet with our subdivision to negotiate a more reasonable distance to abut our residences. This was a big
concern along with the fact the developer was planning to extend the Mexico Loop Road across from Lowes and dead end it
into Bramblett Road exactly where our subdivision street intersects Bramblett Road.
If any of you have traveled Bramblett Road you know its current poor infrastructure and non-code, unsafe conditions -
portions of which are in O'Fallon city limits and the rest in St. Charles County's jurisdiction. Bramblett Road is barely 1-1/2
cars wide where the developer was proposing to tie in his three-lane Mexico Loop Road. Additionally where the two roads
would merge is the exact spot where Fort Zumwalt has designated our children's bus stop for Rock Creek Elementary, North
Middle and West High schools. Yet the developer's plan was recommended by our O'Fallon P&Z department to be passed
onto the Board of Aldermen - even with the two roads which should by apparent and safety issues should never be joined.
Our neighbors and my family spoke about the storm water erosion problem we had and how our neighbor's land, in the
FEMA 100-year floodplain, did catch and hold storm water from the creek going through our subdivision and into our
neighbor's acreage.
Unfortunately an attorney did not represent my neighbors and my family. The developer's lawyer is much more skilled and
basically portrayed my neighbors and my family's comments, as we did not understand the development or the zoning. He
also stated the area was part of O'Fallon's Imagine 2010's Focused Activity Corridors. Imagine 2010 is on the O'Fallon city
website where it lists and has a map of Focused Activity Corridors (FAC). As stated on page 44 of Image 2010 Focused
Activity Corridors (FAC) are defined as: "high visibility destination points that attract both residents from the adjacent
neighborhoods and individuals from outside the community because of their employment, shopping, recreational,
governmental, educational, and service opportunities." Interestingly enough two cemeteries and many residences are
located in these defined Focused Activity Corridors. Your home may even be in one or adjacent to a FAC! It would be
worthwhile to check the maps and defined FACs before you are put in the position my O'Fallon neighbors and my family is in
now.
In addition because the developer was planning on making changes to Belleau Creek, Todd Criswell Director of O'Fallon's
Community Development group asked for a storm water cleansing system before water from the development would be
allowed to flow into the existing Belleau Creek. Since Belleau Creek is a tributary of Dardeene Creek which empties into the
Mississippi River the cleansing system is very important to all three waterways. Mr. Charles Brunges, the P&Z
Commissioner also stated there would be entities beyond O’Fallon, would weigh in on the changes the developer was
proposing to Belleau Creek. Mr. Brunges specifically mentioned Missouri Dept of Conservation, Missouri Dept of Natural
Resources and the US Army Corps at the November 3 meeting as having a final say in the Belleau Creek changes. This
would become very important when the developer went before the Army Corps to request his 404 and 401 permits for his
Belleau Creek proposed modifications.
November 10, 2005 - O'Fallon Board of Aldermen public hearing at city hall (included Mayor Morrow and city staff). We had
a week to prepare for this meeting. My husband had photos of the storm water erosion problem going through our
subdivision and into our neighbor's land right where the big box building was planned. I had photos showing where two cars
cannot pass one another right where the 3 lane Mexico Loop Road was shown on the plans to merge into Bramblett Road.
My road photos also showed the poor infrastructure and non-code conditions of Bramblett Road and the bus stop where the
eight elementary school aged students wait for their Fort Zumwalt bus to pick them up on school days.
My neighbor Russ Walker, an engineer by trade, gave professional insights as to the fact the storm water coming from the
north (through our subdivision) was not factored into the developer's plans, how the piping of Belleau Creek was not
adequate, etc. Other neighbor's spoke about how O'Fallon's Imagine 2010 stated anytime there would be a controversial
zoning change, there should be a Development Impact Analysis and the Alternative Development Impact Analysis
preformed. Since the developer was asking for my neighbors 13.5 acres of R1 land (zoned this way for 46 years) to be
zoned as C2 - up seven steps of zoning - the two sets of analysis are both justified and warranted according to Image
2010's Planning and Zoning Goals.
I was later told by O'Fallon's P&Z director David Woods, the two sets of analyses (Development Impact and the Alternative
Development Impact) were only deemed as goals and something the city was working towards. The city as of December
2005 did not have the software to do both the Development Impact Analysis and the Alternative Development Impact
Analysis. Nor was there money in the budget to make that software purchase to do either or both sets of Analysis. When
Winghaven residents asked for the Development Impact Analysis from the city regarding St. Louis Life they were also
denied this analysis because our P&Z Dept did not have the software.
After my neighbors and my family made our statements the developer's attorney was allowed rebuttal time. Yes the way
O'Fallon's public hearings work is the representative for the development (or the developer) present the project. The
impacted residents or any concerned citizens are then allowed their unlimited time to speak. This is followed by the
representative or developer additional time to counter or rebut our statements. The residents are not allowed any time to
rebut or comment again. So the developer has two opportunities to put his project and slant on it, while the residents get
one time. Also the O'Fallon public hearings are not set up for comments or evidence to be sworn testimony. Consequently,
this allows for someone to present information that could be contradictory to the truth or their way of seeing the situation.
During the rebuttal time Mr. Keith Hazelwood, the lawyer representing the developer, stated it would take a large commercial
development of this size to address the storm water and road issues my neighbors and my family brought to the city's
attention. Basically this was a vague promise if this commercial project was a go they could address our concerns while a
residential development on the same site would not be able to do so.
The Board of Aldermen (BOA) listened to my neighbors and my family's statements, looked at our photos and asked a lot of
questions of all of us and Mr. Hazelwood. Many of the Aldermen were surprised to see the unsafe and poor infrastructure of
Bramblett Road. They also realized my neighbors and my family did not get a lot of advance "face time" meeting with the
developer like the Copperfield residents had received. Board President Lyn Schipper (also one of our Ward 2 Aldermen)
requested the issue be tabled until the developer revisit his plans with city staff and meet with our subdivision like he had on
numerous times with Copperfield residents. In addition, the BOA was not in agreement with the P&Z recommended plan to
merge the Loop Road and Bramblett Road and found it unacceptable. They also requested the developer meet with our
subdivision to address some of the concerns we brought to their attention during our public comments. We got a lot better
response from the BOA than the week before from the P&Z Commissioner who passed this project onto the BOA when it we
voice our facts and concerns.
Basically for the last two weeks the developer had wasted the time of city staff, P&Z Commissioners and the BOA by bringing
a project to the city which was not properly planned or thought through. Anyone who visits Bramblett Road can easily see
the Loop road and Bramblett in its current shape should never be considered as roads that should merge. He additionally
had not considered the storm water erosion problem we brought to the city's attention.
The developer met with Community Development staff and came up with a new loop road which could and should connect to
the light at O'Fallon Center, where the Bread Company is located. The new plan was presented to my neighbors and my
family about a week after the BOA hearing by the developer along with his two commercial real estate partners/owners
Reisch Haley. At that meeting held in my neighbor's home we were told by the developer we would finally have a stoplight to
be able to safely turn south onto Highway K from Bramblett Road with the new Loop Road and its connection at O'Fallon
Center and Wal-Mart. My neighbors and my family also negotiated a 20-foot no disturbance buffer allowing for some of the
large 80 to 90 foot hickory and oak trees on the residential land abutting our subdivision are spared. The developer would
begin an adjacent 20-foot landscape buffer where he would plat three rows of trees including fast growing trees.
When we asked for a larger buffer the developer told us he could not afford any additional land be used for buffering. But
then a minute later he told my neighbors and I we could "buy buffer" from him. We did not even approach him on a price as
he had previously stated our neighbor's were asking a "healthy price" for their land. We knew if this land was too expensive
for anything other than commercial development, how could the 15 families of Bramblett Hollow afford to purchase any of
the land? We also heard Mr. Resich laugh about the right-of-way at Mexico Road and Highway K the Mayor thought, "she
owned". At the November 10th meeting Mayor Morrow told the developer the city no longer gives away its right-of-way
land. The developer would pay for an appraisal and pay the city for the land. Mr. Resich said the Mayor just thought she
owned the land and they were working on finding the true owners of the land. We left the meeting with the knowledge of an
increase of 10 feet of no disturbance buffer (up from 10 feet), the promise of a light to allow our families to safely travel
south onto Highway K and the hopes the developer would spare as many of the 80 to 90 foot oak and hickory trees
adjacent to the no disturb area. I also left with a sick feeling in my stomach as I did not like the disrespectful way the
commercial realty owner referred to "city owned" land - land me and all the other O'Fallon residents owned and the impolite
way he referred to our elected officials.
Five days later, our Ward 2 Alderman Terry Busken came by on a very cold November early evening to view the site with my
neighbor Russ Walker, my husband and me. Mr. Lyn Schipper our other Ward 2 Alderman was out of the country and could
not make the visit. However, Mr. Busken physically toured the land behind our homes and walked our whole street. He
noticed the storm water erosion problem, which threatens my home and continues to worse through Bramblett Hollow. He
asked our opinions about the situation, what we wanted to see happen, etc. Even though it was a very cold evening, with
strong winds, and the temperature was dropping as the sun was setting Mr. Busken stayed, walked and talked with us until
he had to leave for an O'Fallon Public Works meeting he needed to attend. We even talked about the disrespectful and
disparaging way he and his fellow elected officials were referred to by the agents involved in the proposed project behind
our homes. We ended the meeting with a hardy thank you and feeling the city would listen to our concerns and be there for
our neighborhood.
Unfortunately we had no idea how many twists and turns this project would take over the next year. I decided at this point I
would start contacting any and every one I could reach via the Internet to garner any ideas, support, and suggestions to try
to protect the beautiful land adjacent to our homes. I spent every lunch hour e-mailing organizations from large
organizations such as Bat Conservation International, National Wild Turkey Federation and more local groups and agencies
like Missouri Dept of Conservation, The Nature Conservatory and Missouri Coalition for the Environment. I did not realize at
the time, but Missouri Dept of Natural Resources, Missouri Conservation Dept, US Fish & Wildlife and US EPA had already
been contacted by the US Army Corp of Engineers as part of the 404 permit process the developer needed to move and re-
channel Belleau Creek.
It is now more than one year later, and the developer has now changed his preliminary plans for the third time. However he
as still not gotten any final approvals from the Army Corps or Mo Dept of Natural Resources for this 404 and 410 permits.
The developer also has had the rezoned C2 land behind our homes rezoned again to R4. Additionally, the O'Fallon P&Z
dept has give approvals for the latest plans and rezoning, even though they recommended a year ago it should be rezoned
C2 for a big box development. They now are recommending 240 condo units and a smaller portion of retail. But there have
been more twists and turns with this development. We have had changes both in our local O'Fallon government and city
staff. But three of the current City Council: Mr. Cantwell, Mr. Lucas, and Mr. Hennessey approved the two rezonings and
two preliminary plats from this developer. Mr. Lyn Schipper, Mr. Terry Busken, and Mr. Randy Hudson had resigned before
any crucial votes were make on this project.
December 2005 - We had another meeting with P&Z where the commissioners would get many more details, photos and
information about the project from my better-prepared neighbors and my family. Unfortunately the preliminary plan was
again passed onto the BOA with approvals from all but Mayor Morrow on the commission. We did get another BOA meeting
and chance with Public Comments on the preliminary plan and zoning request. We again raised the issues we felt were not
being addressed like the storm water erosion problem, poor infrastructure and unsafe Bramblett Road, etc. This time the
developer asked to table his preliminary plan until he could address some of the issues my neighbor Russ Walker, an
engineer by trade, had brought to the city's and his attention. I also used this down time to contact my elected officials
about some persisting thoughts about the complexity of the project and the lack of experience of the developer. I asked if
the HEC Study, which the developer promised to perform after approvals to the rezoning and preliminary plan, be done now
and not later. The developer had remarked at one of our subdivision meetings that the other developers in town were mad
at him. He said he was told "You can't develop that big hole" referring to the site behind our homes. I was worried if other
more experienced developers found this site unsuitable, the city rezoned it commercial, if the developer later did the HEC
study and found it unsuitable we would be stuck with commercial land behind our homes. Luckily Mr. Schipper the BOA
president and Ward 2 Alderman felt the HEC study should be done prior to any city approvals. The BOA stuck to its guns
and the developer agreed to pay the $30,000 + price to have the HEC study done.
January 2006 - The HEC study was completed. Intuition and Logic, a company the city recommended but paid for by the
developer confirmed the site was suitable for development.
February 2006 - The Army Corps of Engineers mailed to my neighbors and my family a Public Notice (P-2522) was
requesting comments and additional information on the site behind our homes. In the public notice the site behind our
homes was described as:
"Belleau Creek bisects the site for approximately 2200 feet in a southwest to northeast direction. This section of Belleau
Creek, and its riparian corridor, is a high quality area, which supports a variety of birds, fish, amphibians, reptiles and macro
invertebrate species. Largemouth bass, stone rollers, green sunfish, madtom, orange throat darter, creek chub mosquito
fish, bluegill, red-bellied dace, caddis fly larvae, crayfish and water fowl have been documented to utilize this portion of
Belleau Creek. The applicant seeks to denude, grade and fill in the existing Belleau Creek channel. The proposed project
is within the range of the endangered Indiana bat, Gray bat and the threatened Bald eagle."
After reading this public notice, my husband and I drafted our comments in letter form, as did my neighbor Russ Walker and
his spouse. I also used this P-2522 Public Notice to contact other agencies and resources that could and should be aware
of this "high quality area" and comment on the project. I did this by letters e-mailed or sent by mail to the US Fish and
Wildlife Services, Missouri Dept of Conservation, Missouri Coalition for the Environment, etc to gather their suggestions,
comments, insights or whatever about the proposed project. Little did I know that Missouri's Dept of Natural Resources and
Dept of Conservation, as well as the USFWS and USEPA had already toured the site three months ago and had already
submitted their expert comments and field reports.
March 2006 - The rezoning and new preliminary plat are again before the BOA. Due to health concerns, Lyn Schipper has
resigned as Ward 2 Alderman and was not replaced (his seat was up for election April 2006). Prior to the start of the
meeting, Peter Cantwell Ward 3 Alderman came up to my husband and me, shook our hands and told us there were enough
votes to get the commercial zoning of the land behind our homes. With the grin on his face and his comments my husband
and I were certain he was right, but we still intended to speak at the meeting. Minutes later when the BOA started,
unbeknownst to us O'Fallon's city attorney Mary Creamer had been placed on leave and a previous Renaud administration
attorney was being proposed to fill in. This attorney was being pushed as the new city attorney only moments before the
actual meeting began. When it was announced he would be the city attorney for this meeting, three Aldermen left their
seats as protest. With the vacant seat of Mr. Schipper, along with the additional vacant seats of Mr. Busken, Mr. Hudson
and Mr. Mitchell this left only four aldermen and not enough for a quorum. The meeting was cancelled and the vote for
rezoning and preliminary plans was tabled. By the next BOA meeting, two more aldermen had resigned - Mr. Busken Ward
2 and Mr. Hudson Ward 1. However, Mayor Morrow appointed a Copperfield resident, Mr. Rick Lucas to fill Mr. Schipper's
vacant seat.
Guess how Mr. Lucas voted on a project, which was promised to help protect his subdivision? Yes, two week's later the
BOA with Mr. Lucas, Mr. Cantwell, Mr. Hennessey, Mr. Patek, Mr. Mitchell and Mr. Kuehn all voted to allow the C2 zoning
and the preliminary plan. They did this even though I had provided four reports I obtained through the Freedom of
Information Act from the USEPA, US Fish and Wildlife Services, Missouri Conservation Dept and Missouri Dept of Natural
Resources all agreeing the plan was too much and would be too harmful to Belleau Creek - which the USEPA reported was
"an aquatic resource of national importance." Now when was the last time you ever remembered four governmental
agencies ever agreeing on anything? Yet the O'Fallon Board of Aldermen: Mr. Lucas, Mr. Cantwell, Mr. Hennessey, Mr.
Patek, Mr. Mitchell and Mr. Kuehn all ignored these reports and letters and voted to allow this project. Mr. Cantwell likes to
say this project was brought in under the previous BOA but he must have a poor memory as Mr. Cantwell and Mr.
Hennessey are the only City Council members who have been with this project for last 12+ months!
July 2006 - The developer changed his plans a second time to now work with more of Belleau Creek - renaming the new
development The Promenade at Belleau Crossing. He is vowing to build a Lifestyle Center - with walking paths and
commercial buildings fitting around Belleau Creek - likening it to the San Antonio River Walk. He is also promising to give
nine+ acres of land containing Belleau Creek, a wet retention basin (which would hold water continually) and a dry detention
basin to O'Fallon as parkland. If you subtract Belleau Creek, the retention basin and the detention basin (as they are not
really park "land") the total gift would be about four acres! By the way the Parks Board vice president found out about this
proposed parkland gift from me - as it was being sold to city staff before it was ever presented to the O'Fallon Parks Board,
as it should be.
November 2007 - The rezoning of the land to C2 was now back before the P&Z Commissioners and City Council for
rezoning to R4. Yes this land the developer said was too expensive to be anything other than commercial is now being
proposed as 240 Condo units behind and commercial buildings fronting Mexico Road and Highway K. Also a third site plan
was presented for approval with the new project being called Belleau Crossing and the Condos at Belleau. The
Commissioners and City Council again approved both the rezoning and the third preliminary plan. The developer still does
not have his permits from the US Army Corps or the Missouri Dept of Natural Resources. Without these permits he can not
make any changes or move any land. So the hopes for protection of the FEMA 100-year floodplain land and Belleau Creek
still ultimately rests in the hands of the US federal and Missouri state agencies who are looking out for the best interests of
the creek and its banks which is protected by the 1974 Clean Water Act. My neighbors, my husband and I feel really let
down by our local O'Fallon officials who voted three times for this project. We have caused this project to move through all
the correct channels which includes review from the state and federal agencies best suited to view this project objectively
and not for political or financial motives. I only wish O'Fallon's current elected officials would look to see something other
than more vacant retail space. As of this morning there are more than fifteen commercial buildings and/or strip centers with
vacancies - do we need to re-channel a creek, fill in a floodplain, clear 80-90 oak and hickory trees for another vacant strip
center
By: Lisa Markham
I never thought my family and neighbors would have to fight so hard and so long to protect our biggest investment... our
O'Fallon homes. And we would never have expected to get more support and interest from two state and two federal
agencies than from our local officials, one of whom the three registered voters in our home voted into office in Ward 2 in
April.
But if it happened to my family and my Bramblett Hollow neighbors and it could happen to yours too - especially now that
there's a noticeable change at O'Fallon city hall. In the case of my family and neighbors we have seen little interest in our
needs and wants -- even though we are taxpaying O'Fallon residents. If you don't believe me please read this story which is
unfortunately 100% true and I have documents and the recorded city meetings to verify my statements and facts.
It started the fall of 2005 with a non-descript letter from the city O'Fallon sent to my neighbors and my home. Enclosed was
a map and letter stating my neighbors, some of whom were not in O'Fallon city limits, wanted to be annexed into the city and
then rezoned to C2 - Commercial zoning. The letter stated there would be a public hearing on November 3, 2005 to discuss
the annexation and rezoning. My husband called the O'Fallon Planning and Zoning Dept. where he spoke with the director,
David Woods. Mr. Woods informed us that the zoning was due to a developer's plans to build a large commercial
development behind our homes and he had the developer's plans at city hall. There was no mention of any commercial
planned project in the letter about the public hearing. When we asked if we could see the plans we were invited to come to
city hall to view them - just two days before the public hearing.
Ironically that day the developer called our subdivision trustee to meet Bramblett Hollow homeowners the night before the
O'Fallon public hearing. When the rest of my neighbors saw the plans and what was proposed, they were also caught off
guard. We did not realize the plans our neighbors had for annexation and rezoning was part of large big box commercial
development - planned 10 feet from my neighbors and my backyard property line - which by the way is O'Fallon code for
commercial rear buildings abutting residential. What is also ironic is the land right behind our homes had been zoned R1
(single family residential) since 1959 when St. Charles County first adopted zoning codes. However, since it was not yet in
O'Fallon city limits, technically our city's Planning and Zoning Department considered it un-zoned! So if your home or your
neighbor's home is adjacent to a residential home on acreage or vacant land be warned. That land or home could be out of
O'Fallon city limits and be annexed in and rezoned to commercial. By the way, the R1 zoning to C2 zoning was a jump of 7
zoning codes a very large rezoning jump by most people's standards.
November 3, 2005 - At the public hearing of the O'Fallon Planning and Zoning (P&Z) Commission we were allowed to make
comments about the plans we saw the night before. Naturally we did not have a lot of time to prepare adequately for our
public comments having seen the plans just 24 hours ago. My neighbors and my family have since found out a neighboring
subdivision, Copperfield, several miles away from the development in our backyards met with the developer in September.
This was weeks before our night before the public hearing meeting. Copperfield has several homes backing to Belleau
Creek that divides the proposed development and the plans called for the creek to be straightened and piped in. You can
draw your own conclusions but it gave the appearance we were purposely left out until the last possible moment to see what
was planned literally in our backyards. We surmised this is because our subdivision had the most to lose - instead of homes
miles away. Several of my 14 neighbors and my husband and I all voiced our concerns to the P&Z Commissioners
regarding the developer's plans. Mayor Morrow did mention the building was jammed against our subdivision and the
builder did not meet with our subdivision to negotiate a more reasonable distance to abut our residences. This was a big
concern along with the fact the developer was planning to extend the Mexico Loop Road across from Lowes and dead end it
into Bramblett Road exactly where our subdivision street intersects Bramblett Road.
If any of you have traveled Bramblett Road you know its current poor infrastructure and non-code, unsafe conditions -
portions of which are in O'Fallon city limits and the rest in St. Charles County's jurisdiction. Bramblett Road is barely 1-1/2
cars wide where the developer was proposing to tie in his three-lane Mexico Loop Road. Additionally where the two roads
would merge is the exact spot where Fort Zumwalt has designated our children's bus stop for Rock Creek Elementary, North
Middle and West High schools. Yet the developer's plan was recommended by our O'Fallon P&Z department to be passed
onto the Board of Aldermen - even with the two roads which should by apparent and safety issues should never be joined.
Our neighbors and my family spoke about the storm water erosion problem we had and how our neighbor's land, in the
FEMA 100-year floodplain, did catch and hold storm water from the creek going through our subdivision and into our
neighbor's acreage.
Unfortunately an attorney did not represent my neighbors and my family. The developer's lawyer is much more skilled and
basically portrayed my neighbors and my family's comments, as we did not understand the development or the zoning. He
also stated the area was part of O'Fallon's Imagine 2010's Focused Activity Corridors. Imagine 2010 is on the O'Fallon city
website where it lists and has a map of Focused Activity Corridors (FAC). As stated on page 44 of Image 2010 Focused
Activity Corridors (FAC) are defined as: "high visibility destination points that attract both residents from the adjacent
neighborhoods and individuals from outside the community because of their employment, shopping, recreational,
governmental, educational, and service opportunities." Interestingly enough two cemeteries and many residences are
located in these defined Focused Activity Corridors. Your home may even be in one or adjacent to a FAC! It would be
worthwhile to check the maps and defined FACs before you are put in the position my O'Fallon neighbors and my family is in
now.
In addition because the developer was planning on making changes to Belleau Creek, Todd Criswell Director of O'Fallon's
Community Development group asked for a storm water cleansing system before water from the development would be
allowed to flow into the existing Belleau Creek. Since Belleau Creek is a tributary of Dardeene Creek which empties into the
Mississippi River the cleansing system is very important to all three waterways. Mr. Charles Brunges, the P&Z
Commissioner also stated there would be entities beyond O’Fallon, would weigh in on the changes the developer was
proposing to Belleau Creek. Mr. Brunges specifically mentioned Missouri Dept of Conservation, Missouri Dept of Natural
Resources and the US Army Corps at the November 3 meeting as having a final say in the Belleau Creek changes. This
would become very important when the developer went before the Army Corps to request his 404 and 401 permits for his
Belleau Creek proposed modifications.
November 10, 2005 - O'Fallon Board of Aldermen public hearing at city hall (included Mayor Morrow and city staff). We had
a week to prepare for this meeting. My husband had photos of the storm water erosion problem going through our
subdivision and into our neighbor's land right where the big box building was planned. I had photos showing where two cars
cannot pass one another right where the 3 lane Mexico Loop Road was shown on the plans to merge into Bramblett Road.
My road photos also showed the poor infrastructure and non-code conditions of Bramblett Road and the bus stop where the
eight elementary school aged students wait for their Fort Zumwalt bus to pick them up on school days.
My neighbor Russ Walker, an engineer by trade, gave professional insights as to the fact the storm water coming from the
north (through our subdivision) was not factored into the developer's plans, how the piping of Belleau Creek was not
adequate, etc. Other neighbor's spoke about how O'Fallon's Imagine 2010 stated anytime there would be a controversial
zoning change, there should be a Development Impact Analysis and the Alternative Development Impact Analysis
preformed. Since the developer was asking for my neighbors 13.5 acres of R1 land (zoned this way for 46 years) to be
zoned as C2 - up seven steps of zoning - the two sets of analysis are both justified and warranted according to Image
2010's Planning and Zoning Goals.
I was later told by O'Fallon's P&Z director David Woods, the two sets of analyses (Development Impact and the Alternative
Development Impact) were only deemed as goals and something the city was working towards. The city as of December
2005 did not have the software to do both the Development Impact Analysis and the Alternative Development Impact
Analysis. Nor was there money in the budget to make that software purchase to do either or both sets of Analysis. When
Winghaven residents asked for the Development Impact Analysis from the city regarding St. Louis Life they were also
denied this analysis because our P&Z Dept did not have the software.
After my neighbors and my family made our statements the developer's attorney was allowed rebuttal time. Yes the way
O'Fallon's public hearings work is the representative for the development (or the developer) present the project. The
impacted residents or any concerned citizens are then allowed their unlimited time to speak. This is followed by the
representative or developer additional time to counter or rebut our statements. The residents are not allowed any time to
rebut or comment again. So the developer has two opportunities to put his project and slant on it, while the residents get
one time. Also the O'Fallon public hearings are not set up for comments or evidence to be sworn testimony. Consequently,
this allows for someone to present information that could be contradictory to the truth or their way of seeing the situation.
During the rebuttal time Mr. Keith Hazelwood, the lawyer representing the developer, stated it would take a large commercial
development of this size to address the storm water and road issues my neighbors and my family brought to the city's
attention. Basically this was a vague promise if this commercial project was a go they could address our concerns while a
residential development on the same site would not be able to do so.
The Board of Aldermen (BOA) listened to my neighbors and my family's statements, looked at our photos and asked a lot of
questions of all of us and Mr. Hazelwood. Many of the Aldermen were surprised to see the unsafe and poor infrastructure of
Bramblett Road. They also realized my neighbors and my family did not get a lot of advance "face time" meeting with the
developer like the Copperfield residents had received. Board President Lyn Schipper (also one of our Ward 2 Aldermen)
requested the issue be tabled until the developer revisit his plans with city staff and meet with our subdivision like he had on
numerous times with Copperfield residents. In addition, the BOA was not in agreement with the P&Z recommended plan to
merge the Loop Road and Bramblett Road and found it unacceptable. They also requested the developer meet with our
subdivision to address some of the concerns we brought to their attention during our public comments. We got a lot better
response from the BOA than the week before from the P&Z Commissioner who passed this project onto the BOA when it we
voice our facts and concerns.
Basically for the last two weeks the developer had wasted the time of city staff, P&Z Commissioners and the BOA by bringing
a project to the city which was not properly planned or thought through. Anyone who visits Bramblett Road can easily see
the Loop road and Bramblett in its current shape should never be considered as roads that should merge. He additionally
had not considered the storm water erosion problem we brought to the city's attention.
The developer met with Community Development staff and came up with a new loop road which could and should connect to
the light at O'Fallon Center, where the Bread Company is located. The new plan was presented to my neighbors and my
family about a week after the BOA hearing by the developer along with his two commercial real estate partners/owners
Reisch Haley. At that meeting held in my neighbor's home we were told by the developer we would finally have a stoplight to
be able to safely turn south onto Highway K from Bramblett Road with the new Loop Road and its connection at O'Fallon
Center and Wal-Mart. My neighbors and my family also negotiated a 20-foot no disturbance buffer allowing for some of the
large 80 to 90 foot hickory and oak trees on the residential land abutting our subdivision are spared. The developer would
begin an adjacent 20-foot landscape buffer where he would plat three rows of trees including fast growing trees.
When we asked for a larger buffer the developer told us he could not afford any additional land be used for buffering. But
then a minute later he told my neighbors and I we could "buy buffer" from him. We did not even approach him on a price as
he had previously stated our neighbor's were asking a "healthy price" for their land. We knew if this land was too expensive
for anything other than commercial development, how could the 15 families of Bramblett Hollow afford to purchase any of
the land? We also heard Mr. Resich laugh about the right-of-way at Mexico Road and Highway K the Mayor thought, "she
owned". At the November 10th meeting Mayor Morrow told the developer the city no longer gives away its right-of-way
land. The developer would pay for an appraisal and pay the city for the land. Mr. Resich said the Mayor just thought she
owned the land and they were working on finding the true owners of the land. We left the meeting with the knowledge of an
increase of 10 feet of no disturbance buffer (up from 10 feet), the promise of a light to allow our families to safely travel
south onto Highway K and the hopes the developer would spare as many of the 80 to 90 foot oak and hickory trees
adjacent to the no disturb area. I also left with a sick feeling in my stomach as I did not like the disrespectful way the
commercial realty owner referred to "city owned" land - land me and all the other O'Fallon residents owned and the impolite
way he referred to our elected officials.
Five days later, our Ward 2 Alderman Terry Busken came by on a very cold November early evening to view the site with my
neighbor Russ Walker, my husband and me. Mr. Lyn Schipper our other Ward 2 Alderman was out of the country and could
not make the visit. However, Mr. Busken physically toured the land behind our homes and walked our whole street. He
noticed the storm water erosion problem, which threatens my home and continues to worse through Bramblett Hollow. He
asked our opinions about the situation, what we wanted to see happen, etc. Even though it was a very cold evening, with
strong winds, and the temperature was dropping as the sun was setting Mr. Busken stayed, walked and talked with us until
he had to leave for an O'Fallon Public Works meeting he needed to attend. We even talked about the disrespectful and
disparaging way he and his fellow elected officials were referred to by the agents involved in the proposed project behind
our homes. We ended the meeting with a hardy thank you and feeling the city would listen to our concerns and be there for
our neighborhood.
Unfortunately we had no idea how many twists and turns this project would take over the next year. I decided at this point I
would start contacting any and every one I could reach via the Internet to garner any ideas, support, and suggestions to try
to protect the beautiful land adjacent to our homes. I spent every lunch hour e-mailing organizations from large
organizations such as Bat Conservation International, National Wild Turkey Federation and more local groups and agencies
like Missouri Dept of Conservation, The Nature Conservatory and Missouri Coalition for the Environment. I did not realize at
the time, but Missouri Dept of Natural Resources, Missouri Conservation Dept, US Fish & Wildlife and US EPA had already
been contacted by the US Army Corp of Engineers as part of the 404 permit process the developer needed to move and re-
channel Belleau Creek.
It is now more than one year later, and the developer has now changed his preliminary plans for the third time. However he
as still not gotten any final approvals from the Army Corps or Mo Dept of Natural Resources for this 404 and 410 permits.
The developer also has had the rezoned C2 land behind our homes rezoned again to R4. Additionally, the O'Fallon P&Z
dept has give approvals for the latest plans and rezoning, even though they recommended a year ago it should be rezoned
C2 for a big box development. They now are recommending 240 condo units and a smaller portion of retail. But there have
been more twists and turns with this development. We have had changes both in our local O'Fallon government and city
staff. But three of the current City Council: Mr. Cantwell, Mr. Lucas, and Mr. Hennessey approved the two rezonings and
two preliminary plats from this developer. Mr. Lyn Schipper, Mr. Terry Busken, and Mr. Randy Hudson had resigned before
any crucial votes were make on this project.
December 2005 - We had another meeting with P&Z where the commissioners would get many more details, photos and
information about the project from my better-prepared neighbors and my family. Unfortunately the preliminary plan was
again passed onto the BOA with approvals from all but Mayor Morrow on the commission. We did get another BOA meeting
and chance with Public Comments on the preliminary plan and zoning request. We again raised the issues we felt were not
being addressed like the storm water erosion problem, poor infrastructure and unsafe Bramblett Road, etc. This time the
developer asked to table his preliminary plan until he could address some of the issues my neighbor Russ Walker, an
engineer by trade, had brought to the city's and his attention. I also used this down time to contact my elected officials
about some persisting thoughts about the complexity of the project and the lack of experience of the developer. I asked if
the HEC Study, which the developer promised to perform after approvals to the rezoning and preliminary plan, be done now
and not later. The developer had remarked at one of our subdivision meetings that the other developers in town were mad
at him. He said he was told "You can't develop that big hole" referring to the site behind our homes. I was worried if other
more experienced developers found this site unsuitable, the city rezoned it commercial, if the developer later did the HEC
study and found it unsuitable we would be stuck with commercial land behind our homes. Luckily Mr. Schipper the BOA
president and Ward 2 Alderman felt the HEC study should be done prior to any city approvals. The BOA stuck to its guns
and the developer agreed to pay the $30,000 + price to have the HEC study done.
January 2006 - The HEC study was completed. Intuition and Logic, a company the city recommended but paid for by the
developer confirmed the site was suitable for development.
February 2006 - The Army Corps of Engineers mailed to my neighbors and my family a Public Notice (P-2522) was
requesting comments and additional information on the site behind our homes. In the public notice the site behind our
homes was described as:
"Belleau Creek bisects the site for approximately 2200 feet in a southwest to northeast direction. This section of Belleau
Creek, and its riparian corridor, is a high quality area, which supports a variety of birds, fish, amphibians, reptiles and macro
invertebrate species. Largemouth bass, stone rollers, green sunfish, madtom, orange throat darter, creek chub mosquito
fish, bluegill, red-bellied dace, caddis fly larvae, crayfish and water fowl have been documented to utilize this portion of
Belleau Creek. The applicant seeks to denude, grade and fill in the existing Belleau Creek channel. The proposed project
is within the range of the endangered Indiana bat, Gray bat and the threatened Bald eagle."
After reading this public notice, my husband and I drafted our comments in letter form, as did my neighbor Russ Walker and
his spouse. I also used this P-2522 Public Notice to contact other agencies and resources that could and should be aware
of this "high quality area" and comment on the project. I did this by letters e-mailed or sent by mail to the US Fish and
Wildlife Services, Missouri Dept of Conservation, Missouri Coalition for the Environment, etc to gather their suggestions,
comments, insights or whatever about the proposed project. Little did I know that Missouri's Dept of Natural Resources and
Dept of Conservation, as well as the USFWS and USEPA had already toured the site three months ago and had already
submitted their expert comments and field reports.
March 2006 - The rezoning and new preliminary plat are again before the BOA. Due to health concerns, Lyn Schipper has
resigned as Ward 2 Alderman and was not replaced (his seat was up for election April 2006). Prior to the start of the
meeting, Peter Cantwell Ward 3 Alderman came up to my husband and me, shook our hands and told us there were enough
votes to get the commercial zoning of the land behind our homes. With the grin on his face and his comments my husband
and I were certain he was right, but we still intended to speak at the meeting. Minutes later when the BOA started,
unbeknownst to us O'Fallon's city attorney Mary Creamer had been placed on leave and a previous Renaud administration
attorney was being proposed to fill in. This attorney was being pushed as the new city attorney only moments before the
actual meeting began. When it was announced he would be the city attorney for this meeting, three Aldermen left their
seats as protest. With the vacant seat of Mr. Schipper, along with the additional vacant seats of Mr. Busken, Mr. Hudson
and Mr. Mitchell this left only four aldermen and not enough for a quorum. The meeting was cancelled and the vote for
rezoning and preliminary plans was tabled. By the next BOA meeting, two more aldermen had resigned - Mr. Busken Ward
2 and Mr. Hudson Ward 1. However, Mayor Morrow appointed a Copperfield resident, Mr. Rick Lucas to fill Mr. Schipper's
vacant seat.
Guess how Mr. Lucas voted on a project, which was promised to help protect his subdivision? Yes, two week's later the
BOA with Mr. Lucas, Mr. Cantwell, Mr. Hennessey, Mr. Patek, Mr. Mitchell and Mr. Kuehn all voted to allow the C2 zoning
and the preliminary plan. They did this even though I had provided four reports I obtained through the Freedom of
Information Act from the USEPA, US Fish and Wildlife Services, Missouri Conservation Dept and Missouri Dept of Natural
Resources all agreeing the plan was too much and would be too harmful to Belleau Creek - which the USEPA reported was
"an aquatic resource of national importance." Now when was the last time you ever remembered four governmental
agencies ever agreeing on anything? Yet the O'Fallon Board of Aldermen: Mr. Lucas, Mr. Cantwell, Mr. Hennessey, Mr.
Patek, Mr. Mitchell and Mr. Kuehn all ignored these reports and letters and voted to allow this project. Mr. Cantwell likes to
say this project was brought in under the previous BOA but he must have a poor memory as Mr. Cantwell and Mr.
Hennessey are the only City Council members who have been with this project for last 12+ months!
July 2006 - The developer changed his plans a second time to now work with more of Belleau Creek - renaming the new
development The Promenade at Belleau Crossing. He is vowing to build a Lifestyle Center - with walking paths and
commercial buildings fitting around Belleau Creek - likening it to the San Antonio River Walk. He is also promising to give
nine+ acres of land containing Belleau Creek, a wet retention basin (which would hold water continually) and a dry detention
basin to O'Fallon as parkland. If you subtract Belleau Creek, the retention basin and the detention basin (as they are not
really park "land") the total gift would be about four acres! By the way the Parks Board vice president found out about this
proposed parkland gift from me - as it was being sold to city staff before it was ever presented to the O'Fallon Parks Board,
as it should be.
November 2007 - The rezoning of the land to C2 was now back before the P&Z Commissioners and City Council for
rezoning to R4. Yes this land the developer said was too expensive to be anything other than commercial is now being
proposed as 240 Condo units behind and commercial buildings fronting Mexico Road and Highway K. Also a third site plan
was presented for approval with the new project being called Belleau Crossing and the Condos at Belleau. The
Commissioners and City Council again approved both the rezoning and the third preliminary plan. The developer still does
not have his permits from the US Army Corps or the Missouri Dept of Natural Resources. Without these permits he can not
make any changes or move any land. So the hopes for protection of the FEMA 100-year floodplain land and Belleau Creek
still ultimately rests in the hands of the US federal and Missouri state agencies who are looking out for the best interests of
the creek and its banks which is protected by the 1974 Clean Water Act. My neighbors, my husband and I feel really let
down by our local O'Fallon officials who voted three times for this project. We have caused this project to move through all
the correct channels which includes review from the state and federal agencies best suited to view this project objectively
and not for political or financial motives. I only wish O'Fallon's current elected officials would look to see something other
than more vacant retail space. As of this morning there are more than fifteen commercial buildings and/or strip centers with
vacancies - do we need to re-channel a creek, fill in a floodplain, clear 80-90 oak and hickory trees for another vacant strip
center
