Planning Commission reapproves Villages at Bush Wildlife preliminary plat despite resident opposition and pending lawsuit

The O'Fallon Planning and Zoning Commission voted on Jan. 8 to recommend approval of the preliminary plat for the Villages at Bush Wildlife, a proposed residential subdivision by Lombardo Homes that would create 239 lots on about 162.2 acres.

The developer’s attorney, Brad Pryor, told the commission the plat had previously been approved in 2024 but expired while litigation over the city’s annexation of the property proceeded. Pryor said the rezoning remains valid and that the current plan complies with R‑3 zoning, and he described the plat’s lot sizes and a traffic analysis revised from the earlier, larger plan.

Why it matters: Neighbors and the city public advocate urged caution. Arnie Deanoff, who identified himself as the city public advocate, urged the commission to delay action and cited Chapter 89 of the Revised Statutes of Missouri in criticizing the city’s handling of minutes and transparency. He also said the annexation litigation (case number 2411‑CC01181 in the Circuit Court of St. Charles County) remains in discovery and asked the commission to wait for court resolution. Nate DeLuca, president of the Foxwood Estates homeowners association, objected to density, said the traffic study assumed a county road project that is now unfunded, and argued the city’s fiscal analysis used an inflated median income figure.

Development and conditions: Lombardo representatives said the previously prepared traffic study covered a larger project and that current counts are lower; they noted lots would be raised out of the flood‑plain fringe where required and that geotechnical and floodplain permitting will be handled prior to construction. Staff reiterated that the application will be subject to the same conditions from the 2024 approval, including requirements for geotechnical studies and corrective actions if unpermitted fill or hazardous materials are found.

Outcome and next steps: After public comment and discussion about floodplain mitigation, traffic and the pending lawsuit, the commission moved to approve staff recommendations and the motion carried. The applicant must submit the required geotechnical study and satisfy the prior conditions before construction permits will be issued. The matter will proceed to city council for final action.

Quotes: "Part of the reason that case is taking that long is inflicted from the plaintiffs themselves," Brad Pryor said, describing discovery delays in the annexation lawsuit. Arnie Deanoff urged the commission to "table this issue for 6 months" until court matters are resolved.

What remains unresolved: Residents asked the commission to revisit the project after the lawsuit concludes and raised questions about traffic improvements on Highway D, funding for road projects and whether the city’s fiscal assumptions were correct. The applicant must provide geotechnical documentation, demonstrate floodplain mitigation for affected lots and satisfy other conditions before construction permits are issued.