Court Sides with Ballwin, Schnucks
A recent circuit court decision green lights the development of a Schnucks grocery store near the border of Chesterfield and Ballwin, against the wishes of some residents.
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The St. Louis County Circuit Court sided with Ballwin city representatives this month over a zoning decision to allow a Schnucks grocery store in northwest Ballwin, despite concerns from landowners who fear their property values will be diminished.
The store's proposed location falls on the northwest corner of Ballwin near the Chesterfield border, at the southeast corner of Clarkson and Kehrs Mill roads. The site also would be south of a multi-family residential development in Chesterfield owned by the Picardy Development Company, and is adjacent to the Clarkson Mill and Stonebriar single-family subdivisions and Marquette High School.
In June 2009, the Ballwin Board of Aldermen voted against the wishes of the city's planning and zoning commission and approved Schnucks' request made earlier that year for a zoning change at the proposed site.
Representatives of Schnucks described the proposed building as a "boutique-style neighborhood grocery store that is approximately 41,000 square feet," according to court records.
The Ballwin board's decision prompted the lawsuit against Schnuck Markets and the city. Residents of Ballwin and Chesterfield argued against the proposed store by citing property value concerns and traffic-safety issues.
John Neff, a professional appraiser for Schnucks, testified that properties immediately adjacent to the proposed site may decrease in value, but other homes within a quarter-mile of the commercial development actually may increase.
Circuit Court Judge John Ross wrote in his ruling that the circuit court can't overrule a zoning change unless it was "clearly arbitrary and unreasonable." This is true even if the court finds that the zoning change is "reasonably doubtful or fairly debatable," Ross wrote.
Attorneys on behalf of the case's plaintiffs struggled to disprove the zoning change's validity, particularly in light of enhanced resale values elsewhere.
"Plaintiffs testified to their belief that property values will decrease, and that noise and traffic will increase," Ross wrote. "With the exception of Plaintiff [Christine] Cybulski, the evidence indicates that property values will increase in surrounding areas."
Ross wrote that concerns about traffic congestion and pedestrian safety will be addressed through additional turn lanes and electric crosswalk signs, respectively.
Jane Suozzi
2:22 pm on Wednesday, December 29, 2010
I personally validated the evidence presented by Schnuck Markets in regard to property values not being negatively impacted by a grocery store - the Wildwood Schnucks - built many years ago. I looked at the St. Louis County real estate records and confirmed that homes directly behind what I would consider a strip mall (unlike the Schnucks proposed in Ballwin which is ONE store, much smaller, and built away from the residences) were not negatively impacted by the development of the store. Values had consistently increased whether you were directly behind the store or 1/2 mile away. Of course you don't print that in 29 years, no residential development has been proposed for this property. Fair reporting? I think not.
Rachel Heaton
2:33 pm on Wednesday, December 29, 2010
Hi Jane,
Thanks for commenting! Since I'm still pretty new in town, I'll admit that I don't have the institutional knowledge many residents have, so I'm glad you pointed that out. If we do a follow-up on this story, would you be willing to be interviewed for it?
Thanks,
Rachel Heaton
Editor, Chesterfield Patch
Jane Suozzi
2:34 pm on Wednesday, December 29, 2010
Further, you show the picture of a 24 hour Schnucks super center. This store will not be open 24 hours and will not be a super center. I'm also confused with the "particularly in light of enhanced resale values elsewhere". What resale values are you referencing? The property across the street where the bank sits today sold for $1 million dollars 20 years ago. I am not privvy to the sale price of this four acres but the evidence is overwhelming that residential development of this property at a break even much less a profit was impossible. How many homes in the Meadowbrook Villas have still not sold for $600, $700,000 on a GOLF COURSE much less a five lane Clarkson Road?
Jane Suozzi
3:58 pm on Wednesday, December 29, 2010
Rachel - Thanks for reading and responding to my comments. The ruling on the Schnucks rezoning has been a long time coming. The trial occurred back in April of this year with the vote in June the year prior. I have been very familiar with this corner for 16+ years...first, as a resident member on Ballwin's Planning & Zoning Commission and then a 7-term (14 years) alderman losing my seat to a resident in Williamsburg Green, one of the subdivisions immediately adjacent to the parcel in question. I was very committed to my duties as an Alderman and researched the Schnucks proposal intensively before casting my vote in favor of the rezoning. I'd be more than happy to answer any questions about this issue or any other issue I acted upon as an alderman. All too often we only hear from those angry about an issue without giving the other side an opportunity to outline their point of view. I welcome any opportunity to set the record straight. Thanks, again, for any opportunity to give a different point of view. Jane
Rachel Heaton
4:24 pm on Wednesday, December 29, 2010
Jane,
I'd actually like to put you in touch with the editor of the Ballwin-Ellisville Patch, who wrote this story. I ran it because it's so close to our borders and I knew it had been a hot button issue for residents for awhile.
Pending what happens with the case, if anything, I'm sure he'd appreciate your long-range insight on this issue.
Thanks, again, for commenting and interacting with the site!