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Mid Rivers Newsmagazine 4-5-17

Local news, local politics and community events for St. Charles County Missouri.

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TM<br />

12 I NEWS I<br />

April 5, 20<strong>17</strong><br />

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By BRIAN FLINCHPAUGH<br />

A legal hurdle that slowed the development<br />

of new homes near Peruque Creek in<br />

Lake Saint Louis may be going away.<br />

But a new complicating factor – although<br />

city officials doubt it is a real concern –<br />

may literally fly in the face of getting work<br />

started quickly: bats.<br />

Lake Saint Louis officials said that settling<br />

the lawsuit could be the first step<br />

toward starting work on 20 single-family<br />

homes in a subdivision called Oak Bluff<br />

Estates. Aldermen had approved a controversial<br />

rezoning of 19 acres to allow home<br />

construction in 2015.<br />

Nearby residents opposed the rezoning,<br />

saying that the new homes might increase<br />

runoff, flooding and siltation along Peruque<br />

Creek, which flows into the community’s<br />

more than 600-acre main lake. Some residents<br />

said the property also may be encumbered<br />

by a former licensing agreement with<br />

the nearby Oak Bluff Preserve subdivision<br />

and subject to restrictions.<br />

The board’s regular meeting agenda<br />

included a bill approving preliminary and<br />

final plats subdividing the 19 acres into 20<br />

residential lots, which was the final approval<br />

needed to start work on the development. The<br />

property is located at the end of Silver Fern<br />

Court, east of Duello Road, west of Interstate<br />

64 and south of Prospect Road, near the Oak<br />

Bluff Preserve subdivision.<br />

City Administrator Paul Markworth<br />

said Anne Kelly, an attorney for Oak Bluff<br />

Investment Group LLC, notified the city<br />

about a separate issue that came up as the<br />

settlement agreement was reached. “Don’t<br />

laugh,” Markworth advised the board<br />

@MIDRIVERSNEWS<br />

MIDRIVERSNEWSMAGAZINE.COM<br />

Legal settlement may open door to<br />

development near Peruque Creek<br />

during the work session. Indiana bats, an<br />

endangered species, migrate to Missouri<br />

at the end of March and provisions in<br />

federal law in some cases prohibit trees<br />

where the bats can roost from being cut<br />

down between March 31 and the middle<br />

of October.<br />

Derek Koestel, the city’s public works<br />

director, said his research suggests the<br />

regulations may only apply to the removal<br />

of trees on public land. The city government<br />

is not involved in regulating issues of<br />

endangered species.<br />

City officials were not sure if the provision<br />

involves public land or applies to<br />

areas that use federal funds.<br />

“I don’t think this is going to be a problem,<br />

but I don’t know enough to say that it<br />

isn’t,” Koestel said.<br />

In an interview on March 22, Markworth<br />

said the investment group cannot remove<br />

trees without showing the city that federal<br />

requirements involving the bats would<br />

not apply. Kelly, who was at the regular<br />

meeting on March 21, agreed that some<br />

research may be needed.<br />

Another issue involves getting substantial<br />

work done before the zoning, which<br />

the board approved in 2015, lapses in April.<br />

The zoning may lapse because no major<br />

construction has taken place on the property.<br />

City officials say they are looking into<br />

extending the zoning.<br />

Bat issues or not, the board was not<br />

swayed to delay action, approving the bill<br />

by a 5-0 vote involving the preliminary and<br />

final plats. Alderman Gary Turner [Ward 1]<br />

was absent. No one spoke at a public hearing<br />

on the preliminary and final subdivision<br />

plat bill before the aldermen voted.<br />

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