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Bill No. Ordinance No.

Requested by: Michael Hurlbert

Sponsored by: Joe Cronin

AN ORDINANCE AMENDING THE ZONING

DISTRICT MAP OF THE COUNTY OF ST.

CHARLES, MISSOURI, BY REZONING LAND

FROM A, AGRICULTURL DISTRICT, TO R1B,

SINGLE-FAMILY RESIDENTIAL DISTRICT, PER

APPLICATION RZ19-07

WHEREAS, the St. Charles County Charter, Article II, Section

2.529, grants to the County Council legislative power

pertaining to planning and zoning in the part of the

County outside incorporated cities, towns and villages;

and

WHEREAS, a change in zoning of land located at 1652 Peine Road

was requested by Vernon L. Bromley and Joyce A.

Bromley, as Trustees of The Bromley Family Trust

u/t/a dated February 15, 2002, property owners; and

WHEREAS, the tract to be rezoned is a 0.85-acre parcel currently

zoned A, Agricultural District; and

WHEREAS, the zoning sought for the tract to be rezoned is R1B,

Single-Family Residential District; and

WHEREAS, adjacent parcels to the north, south, and west are zoned

A, Agricultural District and are used for farming;

adjacent land to the east is zoned A, Agricultural

District and is used for single family residences; and

WHEREAS, the Planning and Zoning Commission of the County of

St. Charles, Missouri, considered this application and

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on a vote of 7 ayes to 0 nays recommended the matter

for approval to the County Council. A simple majority

of the County Council is required for passage of this

bill.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY

COUNCIL OF ST. CHARLES COUNTY, MISSOURI, AS FOLLOWS:

Section 1. The Zoning District Map of the County of St. Charles,

Missouri, is hereby amended by making the following

change:

A 0.85-acre tract of land located at 1652 Peine Road is

hereby rezoned from A, Agricultural District, to R1B,

Single-Family Residential District. The tract of land is

more particularly described on EXHIBIT A, attached

hereto.

Section 2. The Director of the Planning and Zoning Division is

hereby authorized to acknowledge approval on

Application RZ19-07 as set forth in Section 1., above.

Section 3. The Council hereby receives the following documents

into the record: the St. Charles County Master Plan

Year 2030; the Unified Development Ordinance of St.

Charles County, Missouri; and the documents attached

hereto as EXHIBIT B, containing the plats and plans

and any other documents relied upon in reaching this

determination of the Council.

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Section 4. This ordinance will be in full force and effect from and

after the date of its passage and approval.

DATE PASSED

DATE APPROVED BY COUNTY EXECUTIVE

CHAIR OF THE COUNCIL

COUNTY EXECUTIVE

ATTEST:

COUNTY REGISTRAR

Comm Dev.RZ19-07.Bromley Family Trust.1652 Peine Road.8-19.C

EXHIBIT A APPLICATION RZ19-07

AMENDING THE ZONING DISTRICT MAP

OF SAINT CHARLES COUNTY MISSOURI

CHAIRPERSON P. ROGER ELLIS SECRETARY THOMAS KUHN

ST. CHARLES COUNTY PLANNING AND ZONING COMMISSION

APPLICATION NUMBER: RZ19-07

THE PROPERTY IS PRESENTLY ZONED: A, AGRICULTURAL DISTRICT (5 ACRE MINIMUM LOT SIZE)

IT IS REQUESTED THAT THIS PROPERTY

BE REZONED TO DISTRICT:

R1B, SINGLE-FAMILY RESIDENTIAL DISTRICT (20,000 SQUARE FOOT

MINIMUM LOT SIZE)

OWNER OR OWNERS OF PROPERTY TO

BE REZONED:

VERNON L. BROMLEY AND JOYCE A. BROMLEY, OR THEIR

SUCCESSOR(S) AS TRUSTEES OF THE BROMLEY FAMILY TRUST

U/T/A DATED FEBRUARY 15, 2002

LOCATION OF PROPERTY: THE PROPERTY IS KNOWN AS 1652 PEINE ROAD AND IS LOCATED

ON THE SOUTH SIDE OF PEINE ROAD, APPROXIMATELY 475 FEET

EAST OF SPRING MILL DRIVE.

THE PROPERTY CONSISTS OF 0.85 ACRES AND IS LOCATED IN

COUNCIL DISTRICT 1.

LEGAL DESCRIPTION OF PROPERTY TO BE REZONED:

A TRACT OF LAND BEING PART OF THE NORTHWEST 1/4 AND PART OF THE SOUTHWEST 1/4 OF SECTION

11, TOWNSHIP 47 NORTH, RANGE 1 EAST, ST. CHARLES COUNTY, MISSOURI AND BEING MORE

PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT AN IRON BAR AT THE SOUTHEAST CORNER OF THE SOUTHWESTS 1/4 OF THE

NORTHWEST 1/4 OF SECTION 11; THENCE SOUTH 89 DEGREES 38' 12" WEST, ALONG THE LINE BETWEEN

THE NORTHWEST 1/4 AND THE SOUTHWEST l/4 OF SECTION 11, 173.90 FEET; THENCE SOUTH 01 DEGREES

19' 26" EAST, 93.85 FEET TO A SET IRON ROD; THENCE SOUTH 85 DEGREES 48' 29" WEST, 175.40 FEET TO A

SET IRON ROD MARKING THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED;

THENCE SOUTH 81DEGREES 27' 53' WEST, 172.78 FEET TO A SET IRON ROD; THENCE NORTH 15 DEGREES

10' 00" WEST, 126.96 FEET TO THE CENTERLINE OF PEINE ROAD AND FROM WHICH A SET IRON ROD

BEARS SOUTH 15 DEGREES 10' EAST, 20.17 FEET; THENCE ALONG SAID CENTERLINE, NOTH 82 DEGREES

121 09" EAST, 48.51 FEET AND NORTH 49 DEGREES 22' 00" EAST, 231.65 FEET TO A POINT FROM WHICH A

SET IRON ROD BEARS SOUTH 04 DEGREES 55' 02" EAST, 23.50 FEET; THENCE SOUTH 04 DEGREES 55' 02 11

EAST, LEAVING SAID CENTERLINE, 182.85 FEET TO A SET IRON ROD; THENCE SOUTH 81 DEGREES 04' 49"

WEST, 46.68 FEET TO A SET IRON ROD; THENCE SOUTH 09 DEGREES 19' 44'' EAST, 65.79 FEET TO THE POINT

OF BEGINNING AND CONTAINING 0.850 ACRES, MORE OR LESS, AS SURVEYING BY LANDMARK

SURVEYING CO. DURING MAY, 2019.

EXHIBIT B AMENDING THE ZONING DISTRICT MAP OF SAINT CHARLES COUNTY MISSOURI

APPLICATION RZ19-07

REZONING REQUEST - 1652 PEINE ROAD Application No: RZ19-07 Property Owner: The Bromley Family Trust Applicants: Vernon L. Bromley and Joyce A. Bromley Existing Zoning: A, Agricultural District Requested Zoning: R1B, Single-Family Residential District (20,000 square foot minimum lot size) 2030 Master Plan: Recommends Low Density Residential (1 to 4 dwellings per acre) Area: 0.85-acres of a 1.94-acre parcel Location: On the South side of Peine Road, approximately 475 feet east of Spring Mill Drive; near the City of Wentzville and the City of Flint Hill Council District: 1 Account No.: 295260A000

CONTENTS:

➢ Synopsis

➢ Staff Recommendation

➢ Photo(s) of Site

➢ Aerial Photo

➢ Surrounding Zoning Map

➢ Future Land Use Map

➢ Letters received

None

➢ Planning and Zoning Commission minutes from July 17, 2019 meeting

Page 1 of 2

Planning and Zoning Division 201 North Second St. - Room 420

St. Charles, MO 63301 P 636-949-7335 I 1-800-822-4012

F 636-949-1815 I Planning@sccmo.org www.sccmo.org

July 26, 2019

This communication summarizes the following bill to be introduced at the August 12, 2019 County Council meeting:

REZONING REQUEST - 1652 PEINE ROAD Application No: RZ19-07 Property Owner: The Bromley Family Trust Applicants: Vernon L. Bromley and Joyce A. Bromley Existing Zoning: A, Agricultural District Requested Zoning: R1B, Single-Family Residential District (20,000 square foot minimum lot size) 2030 Master Plan: Recommends Low Density Residential (1 to 4 dwellings per acre) Area: 0.85-acres of a 1.94-acre parcel Location: On the South side of Peine Road, approximately 475 feet east of Spring Mill Drive; near the City of Wentzville and the City of Flint Hill Council District: 1 Account No.: 295260A000

Approval of this bill would rezone this parcel from A, Agricultural District (5-acre minimum lot size) to R1B, Single-Family Residential District (20,000 sq. ft. minimum lot size) to allow for another home to be constructed on the property.

A two-acre tract was recently divided as part of an estate into a 0.85 acre parcel and a 1.15-acre parcel, each to be transferred to an heir. The smaller tract includes a farmhouse which already has sanitary sewer service provided by the City of Wentzville and would be subject to this rezoning application. The larger tract, which would not be subject to this rezoning, would be added to the adjoining tract and continued to be used for hay cropping.

The proposed rezoning would be consistent with the 2030 Master Plan which recommends low density residential use with 1 to 4 dwellings per acre.

The Planning and Zoning Commission held a public hearing on this application at their July 17, 2019 meeting with the following public input.

Speakers: 1 Support 0 Opposed 0 Concerns

Letters on file: 0 Support 0 Opposed 0 Concerns

Having conducted the public hearing, the Planning & Zoning Commission voted as follows:

7 Approval 0 Denial 0 Abstentions

Page 2 of 2

Recommendation:

The Planning & Zoning Commission unanimously recommended approval of this rezoning request. The Planning and Zoning Division concurs with this recommendation, and finds the proposed zoning to be consistent with the 2030 Master Plan.

Sincerely,

Robert Myers, AICP Director of Planning & Zoning

cc: Steve Ehlmann, County Executive Joann Leykam, Director of Administration John Watson, County Counselor

STAFF RECOMMENDATION

To: County Planning & Zoning Commission Prepared by: Ellie Marr, CFM Application No.: RZ19-07 Date: July 8, 2019

GENERAL INFORMATION

Owners: Joyce and Vernon Bromley

Requested Actions: A zoning map amendment to rezone an existing parcel from A,

Agricultural District (5-acre minimum lot size) to R1B, Single-Family Residential District (20,000 sq. ft. minimum lot size)

Location: 1652 Peine Road, located on the south side of Peine Road approximately 475 feet east of Spring Mill Drive, near the City of Wentzville and the City of Flint Hill

Current Zoning: A, Agricultural District (5-acre minimum lot size)

Current Land Use: Single Family Residence and agriculture

Adjacent Land Use and Zoning:

Direction Zoning Land Use North A, Agricultural District Agricultural/Farm South A, Agricultural District Agricultural/Farm East A, Agricultural District Single Family Residences West A, Agricultural District Agricultural/Farm

2030 Master Plan: Recommends Low Density Residential (1-4 units per acre) land use

Public Services: County Council District 1 – Joe Cronin School District – Wentzville School District Fire District – Wentzville Fire Protection District

Utilities: Water – Individual Well - City of Wentzville service area Sewer – City of Wentzville (currently connected)

Zoning History: This property has been zoned A, Agricultural District since 1959 with

the inception of zoning.

REZONING ANALYSIS This property was originally a two (2) acre tract and has recently been divided into a 0.85 acre and a 1.15-acre tract. The owner/applicant for this rezoning request was deeded the 0.85-acre tract from an estate bequest and the remaining 1.15-acre tract was deeded to the applicant’s brother who currently owns an adjacent 5.05-acre tract located to the southeast of this tract and uses the properties for hay cropping. The 2030 Land Use Plan recommends low density residential with 1-4 units per acre. This rezoning request to R1B is consistent with the 2030 Land Use Plan. The property currently has sewer services through the City of Wentzville. Various subdivisions have developed in the incorporated City of Wentzville along Peine Road and while this tract of ground and surrounding agricultural properties have remained unincorporated, sewer service has been made available with the extension of City services to these surrounding, incorporated subdivisions. Because of this access to sewer services, staff finds that rezoning this tract from Agricultural to Residential is consistent with land use development in the area.

RECOMMENDATION: The Planning and Zoning Division recommends that this zoning request from A, Agricultural District, (5-acre minimum lot size) to R1B, Single Family Residential District (20,000 sq. ft. minimum lot size) be approved. In recommending approval to the R1B zoning district, staff finds the proposed zoning to be consistent with the 2030 Land Use Plan.

1652 Peine Road

View to the north from 1652 Peine Road

RZ19-07 - Aerial

Subject Property

Subject Property

PRE19-07 - Zoning

Subject Property

RZ19-07 – Land Use Plan

Page 1 Planning & Zoning Commission Meeting, July 17, 2019

MINUTES OF REGULAR MEETING ST. CHARLES COUNTY PLANNING AND ZONING COMMISSION

DATE: JULY 17, 2019

TIME: 7:00 P.M.

PLACE: COUNTY EXECUTIVE BUILDING 300 N. THIRD ST. THIRD FLOOR COUNCIL CHAMBERS ST. CHARLES, MO 63301

MEMBERS PRESENT: Diane Salle; Kevin Cleary; Tom Kuhn; Roger Ellis; Craig Frahm; Robert

McDonald; and Mike Klinghammer, County Councilman

MEMBERS ABSENT: Jim Leonhard

STAFF PRESENT: Michael Hurlbert, Director of Community Development; Robert Myers, Director of Planning and Zoning; Ellie Marr, Senior Planner; John Watson, County Counselor; Greg Dohrman, Associate County Counselor; and Sheila Weiss, Recording Secretary

SPEAKERS: RZ19-07: Joyce Bromley, property owner CALL TO ORDER Chairman Roger Ellis called the meeting to order at 7:00 PM. Following the Pledge of Allegiance, Chairman Ellis welcomed the audience; explained the procedures for speakers; and explained the functions of the Planning and Zoning Division, the Planning and Zoning Commission and the County Council. Public comment on conditional use permit applications will be taken during tonight's meeting, and at the County Council meeting on Monday, August 12, 2019. He stated that public comment on conditional use permit applications will not be taken at any meeting of the County Council held thereafter. He explained to the audience that the Planning & Zoning Commission will make a recommendation on conditional use applications, rezoning applications, and final development plans heard during the meeting, which will then be submitted to the St. Charles County Council for their final decision. The vote on preliminary plats is final. Only a recommendation for denial on a preliminary plat would be heard by the County Council.

Chairman Ellis introduced the following documents into the record: The Unified Development Ordinance of St. Charles County (UDO), including zoning maps; and the 2030 Master Plan for St. Charles County, which includes the 2030 Future Land Use Plan Map.

Page 2 Planning & Zoning Commission Meeting, July 17, 2019

PUBLIC HEARINGS

REZONING REQUEST - 1652 PEINE ROAD

Application No: RZ19-07 Property Owner: The Bromley Family Trust Applicants: Vernon L. Bromley and Joyce A. Bromley Existing Zoning: A, Agricultural District Requested Zoning: R1B, Single-Family Residential District (20,000 square foot minimum lot size) 2030 Master Plan: Recommends Low Density Residential (1 to 4 dwellings per acre) Area: 0.85-acres of a 1.94-acre parcel Location: On the South side of Peine Road, approximately 475 feet east of Spring Mill Drive; near the City of Wentzville and the City of Flint Hill Council District: 1 Account No.: 295260A000

Ellie Marr, Senior Planner, described the subject property and surrounding land uses. This property was originally a two (2) acre tract and has recently been divided into a 0.85 acre and a 1.15-acre tract. The owner/applicant for this rezoning request was deeded the 0.85-acre tract from an estate bequest and the remaining 1.15-acre tract was deeded to the applicant’s brother who currently owns an adjacent 5.05-acre tract located to the southeast of this tract and uses the properties for hay cropping. The property currently has sewer services through the City of Wentzville. The 2030 Land Use Plan recommends low density residential with 1-4 units per acre. This rezoning request to R1B is consistent with the 2030 Land Use Plan. The Planning and Zoning Division recommends that this rezoning request be approved. In recommending approval to the R1B zoning district, staff finds the proposed zoning to be consistent with the 2030 Land Use Plan. For the record, staff did not receive any written communications regarding this application. Chairman Ellis asked the Commission if they had any questions for County staff. There were no questions.

Chairman Ellis opened the public hearing and asked the applicant or their representative to come forward.

Joyce Bromley, the property owner, was sworn in. Ms. Bromley stated that this was her parents’ home she and her brother inherited this property and would like to split it. She stated that in order for them to be able to split the property, they have been told they will need to rezone the property since there is a home on it.

Chairman Ellis asked if there were any questions for the applicant. There were no questions.

Chairman Ellis asked if anyone from the audience wished to make public comments on this application.

Page 3 Planning & Zoning Commission Meeting, July 17, 2019

There were no audience speakers.

Chairman Ellis closed the public hearing and called for discussion from the Commission.

There being no discussion from the Commission, Chairman Ellis called for a motion to recommend approval of Application No. RZ19-07.

Craig Frahm made a motion to approve, and Kevin Cleary seconded the motion.

The vote on the motion was as follows:

Diane Saale - Yes Kevin Cleary - Yes Craig Frahm - Yes

Roger Ellis - Yes Tom Kuhn - Yes Robert McDonald - Yes

Mike Klinghammer - Yes

Application No. RZ19-07 was recommended for APPROVAL.

The Vote Count was 7 Yeas, 0 Nays, and 0 Abstentions.