the zoning sought for the tract to be rezoned is I1/FF/FW, Light Industrial District with Floodway Fringe and Floodway Overlay Districts; and

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1 Bill No. Requested by: Wayne Anthony Sponsored by: John White Ordinance No. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE COUNTY OF ST. CHARLES, MISSOURI, BY REZONING LAND FROM A/FF/FW, AGRICULTURAL DISTRICT WITH FLOODWAY FRINGE AND FLOODWAY OVERLAY DISTRICTS TO I1/FF/FW, LIGHT INDUSTRIAL DISTRICT WITH FLOODWAY FRINGE AND FLOODWAY OVERLAY DISTRICTS, AS PER APPLICATION RZ WHEREAS, the St. Charles County Charter, Article II, Section (2014), 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, WHEREAS, WHEREAS, WHEREAS, a change in zoning of land located at 1049 Main Street was requested by Thomas J. and Marcia L. Conoyer, owners, through Application RZ ; and the tract to be rezoned is a acre parcel currently zoned A/FF/FW, Agricultural District with Floodway Fringe and Floodway Overlay Districts; and the zoning sought for the tract to be rezoned is I1/FF/FW, Light Industrial District with Floodway Fringe and Floodway Overlay Districts; and adjacent land to the north is zoned I1/FF/FW, Light Industrial District with Floodway Fringe and Floodway Overlay Districts, and is the site of vacant agricultural 1

2 property and a landscaping business; adjacent land to the south is zoned A/FF/FW, Agricultural District with Floodway Fringe and Floodway Overlay Districts and is the site of a single-family residence; adjacent land to the east is incorporated within the City of St. Peters and is the site of Dardenne Creek and an industrial park; and adjacent land to the west is zoned I1/FF, Light Industrial District with Floodway Fringe Overlay District and A/FF, Agricultural District with Floodway Fringe Overlay District and is the site of a single-family residence, vacant agricultural property, and a trucking business; and WHEREAS, the Planning and Zoning Commission of the County of St. Charles, Missouri, considered this petition and on a vote of 9 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 pursuant to Section A, OSCCMo. 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 acre tract of land located at 1049 Main Street is hereby rezoned from A/FF/FW, Agricultural District with Floodway Fringe and Floodway Overlay Districts to I1/FF/FW, Light Industrial District with Floodway Fringe and Floodway Overlay Districts. The tract of land is more particularly described on Exhibit A, attached hereto. 2

3 Section 2. Section 3. Section 4. The Director of the Planning and Zoning Division is hereby authorized to acknowledge approval on Application RZ The Council hereby receives the following documents into the record: the St. Charles County Master Plan Year 2025, the Unified Development Ordinance of St. Charles County, Missouri and the documents attached hereto as Exhibit B, which Exhibit contains the plats and plans and any other documents relied on in reaching this determination of the Council. This ordinance shall 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 ATTEST: COUNTY EXECUTIVE COUNTY REGISTRAR CommDev.RZ Conoyer.1049 Main Street St. Peters M 3

4 EXHIBIT A APPLICATION RZ AMENDING THE ZONING DISTRICT MAP OF SAINT CHARLES COUNTY MISSOURI APPLICATION NUMBER: THE PROPERTY IS PRESENTLY ZONED: IT IS REQUESTED THAT THIS PROPERTY BE REZONED TO DISTRICT: OWNER OR OWNERS OF PROPERTY TO BE REZONED: LOCATION OF PROPERTY: RZ A/FF/FW, AGRICULTURAL DISTRICT WITH FLOODWAY FRINGE AND FLOODWAY OVERLAY DISTRICTS I1/FF/FW, LIGHT INDUSTRIAL DISTRICT WITH FLOODWAY FRINGE AND FLOODWAY OVERLAY DISTRICTS THOMAS J. AND MARCIA L. CONOYER THE PROPERTY IS KNOWN AS 1049 MAIN STREET, AND IS LOCATED ON THE SOUTHEAST CORNER OF MAIN STREET AND SALT RIVER ROAD. THE PROPERTY CONSISTS OF ACRES, AND IS LOCATED IN COUNCIL DISTRICT 6. LEGAL DESCRIPTION OF PROPERTY TO BE REZONED: CHAIRPERSON CRAIG FRAHM SECRETARY P. ROGER ELLIS ST. CHARLES COUNTY PLANNING AND ZONING COMMISSION

5 DATE: November 24, 2015 TO: CC: Steve Ehlmann, County Executive Joann Leykam, Director of Administration Greg Dohrman, Acting County Counselor Donna Vogt, County Council FROM: Wayne Anthony, Director of Community Development RE: Item for December 7, 2015 County Council Meeting The Community Development Department is submitting the following item for the December 7, 2015 County Council Agenda. BILL FOR INTRODUCTION: 1) Planning and Zoning Commission recommends Approval: REZONING REQUEST MAIN STREET, SAINT PETERS Application: RZ Current Zoning: A/FF/FW, Agricultural District with Floodway and Floodway Fringe Overlay Districts Requested Zoning: I1/FF/FW, Light Industrial District with Floodway and Floodway Fringe Overlay Districts Owner/Applicant: Thomas J. and Marcia L. Conoyer Area: acres Location: On the southeast corner of Main Street and Salt River Road Council District: 6 Account No.: B N. Second St. I St. Charles, MO I P I I F I ctypnz@sccmo.org I

6 Application RZ REZONING REQUEST MAIN STREET, SAINT PETERS Application: RZ Current Zoning: A/FF/FW, Agricultural District with Floodway and Floodway Fringe Overlay Districts Requested Zoning: I1/FF/FW, Light Industrial District with Floodway and Floodway Fringe Overlay Districts Owner/Applicant: Thomas J. and Marcia L. Conoyer Area: acres Location: On the southeast corner of Main Street and Salt River Road Council District: 6 Account No.: B000 CONTENTS: Synopsis Staff Recommendation Photo(s) Aerial Photo Surrounding Zoning Map Land Use Map Letters received: Approval Letter - Alberta Doherty Planning and Zoning Commission minutes from November 18, 2015 meeting

7 November 24, 2015 This communication summarizes the following application and bill to be introduced at the December 7, 2015 County Council meeting: REZONING REQUEST MAIN STREET, ST. PETERS Application: Current Zoning: Requested Zoning: Owner/Applicant: Area: Location: RZ A/FF/FW, Agricultural District with Floodway and Floodway Fringe Overlay Districts I1/FF/FW, Light Industrial District with Floodway and Floodway Fringe Overlay Districts Thomas J. and Marcia L. Conoyer acres On the southeast corner of Main Street and Salt River Road. West of Mid Rivers Trade Center in St. Peters Master Plan: Agricultural land uses recommended Council District: 6 Account No.: B000 Approval of this bill would rezone the property from A/FF/FW, Agricultural District, with Floodway and Floodway Fringe Overlay Districts, to I1/FF/FW, Light Industrial District with Floodway and Floodway Fringe Overlay Districts. Although the 2025 Master Plan recommends agricultural uses for the property, industrial zoning already applies to adjacent properties to the west and north in unincorporated St. Charles County, and to the east across Dardenne Creek in Mid Rivers Trade Center within the City of St. Peters. Should this be approved, the existing flood zone overlay districts would remain the same. The rear half of the property, adjoining Dardenne Creek, would remain designated as floodway, per newly-enacted flood insurance rate maps (FIRMs). The front half of the property, including where an existing home is located, would remain designated as floodway fringe. With County permits, the area in the floodway fringe could be raised above the base flood elevation with clean fill. The floodway portion of the property could potentially be used for outdoor storage with a No Rise Certificate, prepared by an engineer, and certifying that development will cause no rise in the base flood elevation. The industrial park on the east side of the levee, in the City of St. Peters, is protected by a 500-year levee system. This property, located on the west side of the Dardenne Creek, is protected by a private, uncertified levee, maintained by the applicant, and which is believed to provide less than a 100 year levee protection. Concerning the existing residence on the property, County staff notes that residences are permitted in I1 Districts to house watchpersons, attendants or guards. If the residence is not to be occupied by such persons, rezoning would make it a legal, nonconforming use which could not be replaced if destroyed or substantially damaged. The Planning and Zoning Commission held a public hearing on the application at their November 18, 2015 meeting and received the following public input. Speakers: 1 Support 0 Opposed 0 Concerns Letters on file: 1 Support 0 Opposed 0 Concerns Agency letters: None Having conducted the public hearing, the Planning & Zoning Commission voted as follows: 9 Approval 0 Denial 0 Abstentions 201 N. Second St. I St. Charles, MO I P I I F I ctypnz@sccmo.org I

8 Recommendation: The Planning & Zoning Commission recommends approval. The Planning and Zoning Division likewise recommends approval. Sincerely, Robert Myers, AICP Director of Planning & Zoning cc: Steve Ehlmann, County Executive Joann Leykam, Director of Administration Greg Dohrman, Acting County Counselor 201 N. Second St. I St. Charles, MO I P I I F I ctypnz@sccmo.org I

9 STAFF RECOMMENDATION To: County Planning and Zoning Commission Prepared by: Ellie Marr Application No.: RZ Date: November 18, 2015 GENERAL INFORMATION Owner/Applicants: Requested Action: Location: Size: Current Land Use: Adjacent Land Use and Zoning: Year 2025 Plan: Thomas J. and Marcia L. Conoyer To rezone a property from A/FF/FW, Agricultural District with Floodway Fringe and Floodway Overlay Districts to I1/FF/FW, Light Industrial District with Floodway Fringe and Floodway Overlay Districts Located on the southeast corner of Main Street and Salt River Road at 1049 Main Street Acres Agricultural and residential Direction Zoning Land Use North South East West Agricultural I1/FF/FW, Light Industrial District with Floodway Fringe and Floodway Overlay Districts A/FF/FW, Agricultural District with Floodway Fringe and Floodway Overlay Districts Dardenne Creek with City of St. Peters to the east of the creek I1/FF, Light Industrial District with Floodway Fringe Overlay District and A/FF, Agricultural District with Floodway Fringe Overlay District Agricultural and Landscaping Business Residences Industrial Park Residence, Agricultural, and Trucking Business Zoning History: This property was originally zoned A, Agricultural in In 1973, the property zoning was changed to F-P, Floodplain. 1999, the property was zoned back to A, Agricultural with Floodway Fringe Overlay District with the adoption of the Unified Development Ordinance. On November 2, 2015 Floodway Overlay District was added with the adoption of the DFIRM. SPECIAL INFORMATION Public Services: Utilities: County Council District 6 Mike Klinghammer School District R2, Fort Zumwalt School District Fire District Central County Fire and Rescue Fire District Water City of St. Peters Service Area Sewer Private Sewage Disposal System

10 ANALYSIS In reviewing this application, staff researched the proposal to rezone the subject property from the current A/FF/FW, Agricultural District with Floodway Fringe and Floodway Overlay Districts to I1/FF/FW, Light Industrial District with Floodway Fringe and Floodway Overlay Districts. The 2025 Master Plan recommends agricultural uses for the property with industrial uses recommended for the eastern side of Dardenne Creek where the industrial park area is protected by a 500 year levee system. While agricultural use is recommended for the parcel, it is bounded by light industrial zoning to the north and to the west of the property along with industrial use located within the City of St. Peters to the east of the property. On November 5, 2015, the revised Flood Insurance Rate Map for St. Charles County was adopted and added the floodway area from the Dardenne Creek to the map. This change may affect development of the property in the floodway area due to engineering requirements prior to development. Any development in the floodway must have an engineering study to show that the development will not cause a rise in the base flood elevations due to development in the floodway. The applicants have been advised of this recent development and their requirements in the floodway. Staff would note that approximately one half of the property remains in the floodway fringe area and will be available for development with clean fill added to elevate the property above the base flood elevation. The property, while inhibited by floodplain due to its location adjacent to Dardenne Creek does have some levee protection albeit not 100 year protection. This protection along with projected fill development in the floodway fringe area adjacent to Salt River Road and Main Street will allow for partial development of the area for light industrial use. In order to develop the eastern portion of the site that is in the floodway, the developer will be required to supply an engineering study with a No-Rise Certificate to show no increase in flood elevations as a result of the development. There is currently a residence on the property and staff notes that residences are permitted in the I1 District for the use of watchpersons, attendants or guards. If the residence is not to be occupied by such persons, it will become a legal nonconforming use and will not be allowed to be replaced if destroyed or substantially damaged. RECOMMENDATION The Planning and Zoning Division Staff recommends approval of the zoning change from A/FF/FW to I1/FF/FW due to the location of the property adjacent other industrially zoned properties and near a major transportation crossroad.

11 RZ

12 Application RZ Aerial Subject Property

13 Application RZ Zoning Subject Property

14 Subject Property Application RZ Future Land Use Plan

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16 MINUTES OF REGULAR MEETING ST. CHARLES COUNTY PLANNING AND ZONING COMMISSION DATE: NOVEMBER 18, 2015 TIME: PLACE: 7:00 P.M. COUNTY EXECUTIVE BUILDING 300 N. THIRD ST. THIRD FLOOR COUNCIL CHAMBERS ST. CHARLES, MO MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Ron Saettele; Gary Griffin; Kevin McBride; Roger Ellis; Craig Frahm; James Leonhard; Tom Kuhn; and Robert McDonald; and David Hammond, County Council Member None Jan Whipple, Land Use Manager; Robert Myers, Director of Planning and Zoning; Bob Hoeynck, Associate County Counselor; and Sheila Weiss, Recording Secretary SPEAKERS: Application RZ : Thomas Conoyer, Applicant/Owner CALL TO ORDER Chairman Craig Frahm called the meeting to order at 7:00 PM. Following the Pledge of Allegiance, Chairman Frahm 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. He explained to the audience that applications for Rezoning and Conditional Use Permit requests heard during the meeting would be voted on by the Planning and Zoning Commission, and the Commission s recommendation on the applications would then be introduced to the St. Charles County Council on Monday, December 07, 2015 for their final decision on the items. Chairman Frahm then asked for a motion to open the public hearing. Roger Ellis made the motion, and Gary Griffin seconded the motion. The motion to open the public meeting was affirmed by unanimous voice acclamation. Chairman Frahm introduced the following documents into the record: The Unified Development Ordinance of St. Charles County (UDO), including zoning maps; and the Year 2025 Master Plan for St. Charles County, which includes the Year 2025 Future Land Use Plan Map. Page 1 Planning & Zoning Commission Meeting, November18, 2015

17 PUBLIC HEARINGS I. REZONING REQUEST MAIN STREET, SAINT PETERS Application: Current Zoning: Requested Zoning: Owner/Applicant: Area: Location: Council District: 6 Account No.: RZ A/FF/FW, Agricultural District with Floodway and Floodway Fringe Overlay Districts I1/FF/FW, Light Industrial District with Floodway and Floodway Fringe Overlay Districts Thomas J. and Marcia L. Conoyer acres On the southeast corner of Main Street and Salt River Road B000 Jan Whipple, Land Use Manager, described the zoning of the property, the surrounding zoning area and the future land use plan. She stated that staff researched the proposal to rezone the subject property from the current A/FF/FW, Agricultural District with Floodway Fringe and Floodway Overlay Districts to I1/FF/FW, Light Industrial District with Floodway Fringe and Floodway Overlay Districts. The 2025 Master Plan recommends agricultural uses for the property with industrial uses recommended for the eastern side of Dardenne Creek where the industrial park area is protected by a 500 year levee system. While agricultural use is recommended for the parcel, it is bounded by light industrial zoning to the north and to the west of the property along with industrial use located within the City of St. Peters to the east of the property. On November 5, 2015, the revised Flood Insurance Rate Map for St. Charles County was adopted and added the floodway area from the Dardenne Creek to the map. This change may affect development of the property in the floodway area due to engineering requirements prior to development. Staff notes that approximately one half of the property remains in the floodway fringe area and will be available for development with clean fill added to elevate the property above the base flood elevation. There is currently a residence on the property and staff notes that residences are permitted in the I1 District for the use of watchpersons, attendants or guards. If the residence is not to be occupied by such persons, it will become a legal nonconforming use and will not be allowed to be replaced if destroyed or substantially damaged. Mrs. Whipple stated that the Planning and Zoning Division staff recommends approval of the zoning change due to the location of the property adjacent other industrially zoned properties and near a major transportation crossroad. For the record, Mrs. Whipple stated the staff received one letter in favor of this rezoning request. Jan Whipple asked the Commission if they had any questions for the Planning and Zoning staff. There were no questions. Chairman Frahm then opened the public hearing and asked the owner or owner s representative to approach the podium. The property owner, Tom Conoyer, was sworn in. Mr. Conoyer stated there is a 6-acre parcel to the north of his property that is zoned I1. He stated he is requesting to have this acre parcel rezoned I1 as well. Mr. Conoyer stated that he has spoken with some of the surrounding neighbors, and they do not have any objections to this rezoning request. Page 2 Planning & Zoning Commission Meeting, November18, 2015

18 Chairman Frahm asked the Commission if they had any questions for the applicant. Gary Griffin asked the applicant if he currently resides on the property and if he has any plans to develop the property. Mr. Conoyer responded that he does live on the property, and he does not have any plans to develop the property at this time. There being no further questions for the applicant, Chairman Frahm asked if there was anyone in the audience who would like to speak on this application. There were no speakers. Chairman Frahm closed the public hearing and called for discussion from the Commission. There being no discussion from the Commission, Chairman Frahm asked for a motion to recommend approval of Application No. RZ Gary Griffin made the motion, and the motion was seconded by Roger Ellis. The vote on the motion was as follows: Ron Saettele - Yes Roger Ellis - Yes Tom Kuhn - Yes Gary Griffin - Yes Craig Frahm - Yes Robert McDonald - Yes Kevin McBride - Yes Jim Leonhard - Yes Dave Hammond - Yes Application No. RZ was recommended for APPROVAL. The vote count was 9 Yeas, 0 Nays, and 0 Abstentions. Page 3 Planning & Zoning Commission Meeting, November18, 2015