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Bolivar residents press board over school district plat; staff cautions state law limits zoning control
Summary
Neighbors objected to a preliminary plat consolidating multiple nonconforming lots around the Early Childhood Learning Center. City staff said case law gives school districts broad authority under Missouri statutes; the plat returns to Planning & Zoning on April 9 and staff will seek a courtesy buffer with the district.
Members of the public pressed the Bolivar Board of Aldermen on Tuesday over a preliminary plat that would consolidate several nonconforming lots now owned by the school district around the Early Childhood Learning Center (ECLC).
Kyle Lee, community development staff, told the board the plat began as part of an extension project for the ECLC and would, if finalized, bring multiple small lots into conformity by consolidating them. Lee said staff recommended the consolidation to correct historical surveying and platting errors and that the matter will return to the Planning and Zoning Commission on April 9 for further consideration. "In that process, we send out notice and things like that," Lee said, adding that the city will continue conversations with the school about neighborhood concerns.
Several neighbors described the change as a threat to their backyards and character of the block. "We just don't want a development behind our fences, and give us the courtesy of having some communication, giving us a seat at the table for plans for future development," said John Lettman, who lives on North Hartford and provided photos of seven lots behind his house.
Don, the city's legal advisor, told the board that Missouri statutes and case law give school districts broad authority over site selection and condemnation for educational facilities. "There are Missouri statutes in place and the Missouri constitution that essentially allow for school districts the authority to condemn real property and to locate sites of schools ... at such places as they deem fit," Don said, concluding in his opinion that the city cannot fully prevent a school from locating where it chooses under state law.
Lee said staff is continuing to work with the district to seek a possible buffer and additional neighborhood communication. He reminded residents that the next formal decision would come at the Planning & Zoning meeting on April 9. "My recommendation at that time is that the planning and zoning commission move forward with that, though I am working in conversations with the school district on, potentially some sort of buffer," Lee said.
The board did not take a formal action on the plat at Tuesday's meeting; staff will return the consolidated plat to Planning & Zoning and continue outreach to the neighborhood and the school district.
