PROTECT • Neighborhoods • Parks • VOICE!
Flooding is a problem in Galloway!
They plan to use the neighbors property to exit from the development.
Timeline of Events
In 2014, most of the Lone Pine corridor through Galloway Village was placed under a blight designation, spurring a frenzy of development. Developers eager to take advantage of the 10 year property tax abatement swarmed in quickly, and by 2016 we had 3 multifamily developments and 300 apartment units within a half mile of Sequiota Park. Lacking infrastructure improvements, we struggled to absorb the sudden increase in population and traffic.
Then, in 2018 another developer presented a plan for a larger and higher density 4-5 story multi-use apartment complex directly across from Sequiota Park. Neighbors united and were adamantly opposed to the idea. The developer had not yet purchased the property, and had never developed a project before. Throughout the neighborhood meeting process, we were met with a refusal to reduce the intensity of the development in any significant way. The developer simply stated that he couldn’t make enough money on the project if the number of units were reduced.
The neighborhood uproar was so substantial that the City decided to pass a 270 day moratorium on rezoning in Galloway so that we could work to pass a set of guidelines that would serve to ensure responsible development that preserved the character of the area.
The developer then decided with full knowledge of the neighborhood opposition and after the passage of the moratorium to move forward with the purchase of the property, waiving the zoning contingency originally included in the purchase contract.
Meanwhile, we got organized and became the 20th official neighborhood in Springfield, absorbing both Sequiota and Primrose into one large association.
Upon the expiration of the moratorium, the Galloway Guidelines, which basically turned out to be a handful of loose suggestions, were passed by City Council.
The developer moved forward with his rezoning request, and his plan resumed its path through the planning process.
Preparing for what we expected to be a tremendous battle, GVNA consulted with conservationists, preservationists, commissioned a geologic study by an environmental geologist, and hired an attorney. We submitted protest petitions from 185 ft property owners sufficient to trigger a two-thirds majority vote requirement, and 100 percent of property owners within 500 feet signed a protest petition. We studied City Code, met with council members individually, and organized our opposition into specific categories to be presented to the City in a concise manner by neighbors. These concerns included traffic, pedestrian safety, loss of tree canopy, increased flooding, lack of storm water detention, violation of an adjacent property owner’s easement, multiple inconsistencies with the recently passed Galloway Guidelines, and numerous exceptions to City Code regarding stream buffers and greenspace, just to name a few.
We presented all our legitimate concerns at Planning and Zoning and City Council but they fell on deaf ears and the rezoning was passed.
At this point we asked our attorney if there was any recourse left to fight this and he advised there was none. A few days later, though, a fellow Springfield resident contacted us to discuss the possibility of a referendum. Once we read the referendum provisions in City Charter, we immediately sprang into action, drafted our petition, and 58 volunteers headed out to get signatures. The referendum process in City Charter requires that signatures from registered voters totaling at least ten percent of the total voters from the last April municipal election be submitted within 30 days of passage of any ordinance. We fumbled initially and had to fix some wording on our petition and restart, but were easily able to get nearly twice the required signatures (over 2700) in only 18 days. Throughout this entire process, we found that citizens in general were overwhelmingly opposed to this development.
We submitted our petition to the City with days to spare, and were told that it would go directly to the legal department and we would be notified if there were any issues. There were none. On November 16th, 2020, the City Clerk certified the referendum petition as valid at City Council. City Council then had the option to either repeal the rezoning or send the issue to the ballot for a city-wide election. Council voted to put the rezoning on the August 2021 ballot, allowing ample time for the developer to sue, despite pleas from the GVNA to simply repeal and save taxpayers the expense of an election. Some Council members acknowledged in discussions with City legal staff during that public hearing that they anticipated the election to be challenged through litigation.
As expected, the developer filed a lawsuit against the City of Springfield for allowing the zoning question to be placed on a ballot. GVNA hired an attorney and was allowed to intervene in that lawsuit. The developer won in Circuit Court, and the trial Judge issued a permanent injunction against the election. During trial, the City’s attorneys took the developer’s side, arguing that they could not hold the election they called and refusing to defend the referendum provisions in their City’s Charter. GVNA appealed to the Missouri Court of Appeals, and they ruled in our favor, ordering the City to call the election pursuant to City Charter.
The rezoning will be placed on the November 8th ballot for a city-wide vote, nearly 2 years after it should have been.
This appeals decision is a huge win for neighborhoods. There are times that for whatever reason, developers and the City just do not listen to our concerns. The referendum process was created for exactly these times. I’m not sure what led up to this, but in 1994 there was a ballot measure that asked voters whether they wanted to exclude zoning matters from the referendum process and the vote was 78% opposed. Citizens clearly wanted to retain that right. Many of you might remember a situation similar to ours when Walmart went in at Grand and Grant… Well they probably would have had a different outcome if this ruling had been in place at that time.
This appeals court decision should send a message to developers and the City that they MUST consider neighborhoods legitimate concerns and work harder to ensure that compromise is facilitated.
We are beyond thankful to have been able to be a part of this restoration of a fundamental right for all Springfieldians, and we hope it strengthens our citizens and neighborhoods far into the future. It has certainly been exhausting and we have had to become expert fundraisers to come up with the $60,000 to cover our legal expenses. Now we are focused on our informational campaign to ensure voters in November understand our ballot question and can make an informed decision when they vote.
We still owe our attorneys around $8,000 from the legal battle, and are now beginning to spend money on our informational campaign. If you feel strongly that development should be responsible, that citizens’ voices should be heard, and that fundamental rights MUST be preserved, please consider making a donation through one of the links below to help us win this 4 year battle. Even if you can’t donate financially, PLEASE help us spread the word! Every voter in the City of Springfield will have this question on their ballot in November! If you would like flyers or signs, please email gallowayvillage@gmail.com and we will put you on a list to contact when we get materials in.