FAQs: Condemnation and Moratorium

Definitions

Conditional Use Permit - a zoning exception that allows the property owner use of his/her land in a way not otherwise permitted within the particular zoning district.

Easement - a right to use and/or enter onto the real property of another without possessing it.

Eminent Domain (Condemnation) - the right of a government to acquire private property for public use, with payment of compensation.

Moratorium - a six-month period in which the City of Brentwood will not accept, consider, or act upon rezoning applications, variance requests, or conditional use permits that would change the current, actual use of property in the area.

Rezoning - the action or process of assigning land or property to a different category of restrictions on use and development.

Zoning Variance - an authorization granted under law by the Board of Adjustment waiving a requirement of the zoning code. In effect, a Variance is an "exception" to the zoning laws, which can only be granted when specific standards or criteria are met.

Questions & Answers: Moratorium

What is the development moratorium that the City has approved?
It is a six-month period that began on July 16, 2018, during which the City will not accept, consider, or act upon rezoning applications, variance requests, or conditional use permits that would change the current, actual use of property in the area. In January 2019, the Board of Aldermen approved an extension of the moratorium. The moratorium expired on April 1, 2019.
More information: Ordinance 4847

What area of Brentwood is subject to the moratorium? 

More information: Ordinance 4845

Why is there a moratorium?
The City is exploring the redevelopment of the area and studying land uses to determine what land uses should be encouraged in the area in the future. 

Does this mean I’ll have to stop using my property as I use it currently?
No. Even if the City changes future land uses in the moratorium area, as long as you continue to use your property for its current use, without interruption, your current use will be “grandfathered” in to the plan.

Questions & Answers: Chapter 353 Redevelopment Plan

The City of Brentwood adopted an ordinance on June 18, 2018, approving a Chapter 353 Redevelopment Plan for approximately 93 acres in the City. No residential properties are included in this redevelopment area.Map of the redevelopment area found in this document: Ordinance 4845

I am interested in buying property in the redevelopment area. Will the City permit me to buy the property?
Yes. You do not need the City’s permission to buy the property. The property may be subject to a development moratorium.
More information: Ordinance 4847

The property I’m interested in buying appears to be needed by the City for its Deer Creek Flood Mitigation Project or the Deer Creek Greenway Connector. Can I still buy it?
Yes. However, at some point, as the City’s projects progress, the City may contact you and seek to acquire rights in your property (either ownership or easement rights).

I understand some of the properties in the redevelopment area have flooding issues. Do you know if the property I want to buy has flooded? 
The City does not necessarily know which properties have flooded over the years and which have not. You should ask the current owner about historical incidents of flooding. You may also find the following websites helpful. (The St. Louis County site is an interactive map which has layers showing 1% Annual Chance, also known as 100-year, and 0.2% Annual Chance, also known as 500-year, regulatory flood zone locations.) 
Federal Emergency Management Agency (FEMA) Flood Map Service Center (allows regulatory flood map lookup by address)
St. Louis County (“Special Flood Hazard Areas” and “Other Flood Areas”)

Is the property I’m interested in part of the Deer Creek Flood Mitigation Project, the Manchester Road Improvements Project, or the Deer Creek Greenway Connector Project?
Maps showing the preliminary designs of the projects are subject to change.

Questions & Answers: Condemnation          

In connection with the implementation of the Chapter 353 Redevelopment Plan, the City’s Deer Creek Flood Mitigation Project, the Manchester Road Improvements Project, and the Deer Creek Greenway Connector Project, the City will need to acquire property interests from certain property owners. These interests range from acquiring the entire ownership interest in the parcel to needing a permanent easement to needing a temporary construction easement. An easement is a right to use a property for a particular purpose. What the City will need to acquire will vary depending on the project and the design. The City would like to acquire these rights voluntarily. If a voluntary agreement cannot be reached, the City has the right to use the power of eminent domain (or condemnation) to acquire the necessary rights in exchange for paying compensation.

I received a notice in the mail saying the City intends to acquire my property or an easement in my property. What are my rights?
The notice excerpts a Missouri statute describing your rights. See Section 523.250 RSMo. You may also contact the Missouri Office of the Ombudsman for Property Rights for more information.

Can the City or the City’s attorneys give me legal advice?
No, neither the City nor the City’s attorneys can give you legal advice. You should consult a lawyer of your own choosing to help you understand the condemnation process and what rights you have.

I thought the City was working on the Manchester Road Improvement Project, but I’m being contacted by MoDOT representatives. I don’t understand whose project this is.
Manchester Road, or Highway 100, is a state highway controlled by the Missouri Department of Transportation (MoDOT). MoDOT is responsible for much of the upcoming work along Manchester Road, including its resurfacing. The City is improving and beautifying Manchester Road in Brentwood at the same time, so the City has overlapping projects with MoDOT. It is possible that you may be contacted by both representatives of the City and MoDOT at some point.

If you have questions about the Manchester Road Project, please contact Ryan Pearcy at MoDOT, 314.453.5086.

Why is the City condemning my property for the flood mitigation project and not my neighbor’s property? 
The specific location of your parcel is critical to solving the flooding issue that has been problematic for the City for decades. Stormwater flooding has inundated the Manchester Road and Hanley Road intersection and properties in the area 26 times since 1957 creating significant public safety issues and property damage.

The City has been working with its engineering firm, Jacobs (formerly CH2M), to implement the designs to solve the flooding problems along Deer Creek affecting Manchester Road between Hanley Road and South Brentwood Boulevard. The plan is a combination of improvements to the channel, levees, and overflow areas to hold excess water in periods of flooding. All or part of 22 municipalities contribute nearly 37 square miles of watershed into the segment of Deer Creek that flows through Brentwood, which is also a fairly flat section of the creek.

Map of the contributing watershed and location of the Deer Creek Flood Mitigation Project:

Which projects are the City doing?
The City of Brentwood currently has funding to perform portions of the Deer Creek Flood Mitigation Project and the Manchester Road Improvement Project.

What is the timeline for each project?
The project timelines are listed here.