MINUTES

BOONE COUNTY PLANNING AND ZONING COMMISSION

7:30 P.M. - THURSDAY, OCTOBER 20, 1994

COUNTY COURTHOUSE

701 E. WALNUT, COLUMBIA MO

 

PRESENT: Keith Schnarre, Chairman

Jim Beasley, Vice-Chairman

Keith Kirkpatrick Secretary

Andrew Stanton

Linda Vogt

Mike Sloan

Joe Falco

Stan Elmore-County Engineer arrived 7:35 p.m.

ABSENT: Jon Geradi

ALSO PRESENT: Stan Shawver, Director

Gene Poveromo, Staff

Noel Boyt, Staff

Chairman Keith Schnarre called the meeting to order at 7:30 p.m. Roll call was answered as above. The minutes of September 15, 1994 meeting were reviewed.

Commissioner Beasley and Commissioner Sloan seconded a motion to approve the minutes of the September 15, 1994 meeting.

The motion was approved by acclamation.

CONDITIONAL USE PERMIT

# 1. Request by Brian and Patty Rigby to operate a day care center on .97 acres located at 3400 S. Rangeline Rd.

This item was tabled at the September 15, 1994 meeting. Commissioner Beasley made and Commissioner Falco seconded motion to remove from table. Motion carried by acclamation.

Stan Shawver reported that this property is located 5 miles east of Columbia and is accessed from Rangeline Road, a gravel, county maintained road. The property is zoned A-R (Agriculture Residential). All of the surrounding land is zoned A-1 (Agriculture). This request is for a permit to operate a day care facility licensed by the Missouri Department of Family Services. The property was rezoned from A-1 to A-R in August 1994. The comprehensive plan designates this area as being suitable for agriculture and rural residential land uses. Staff notified 11 property owners concerning this request. Mr. Shawver advised that no letters or calls were received in opposition to this request.

Ms. Patty Rigby addressed the commission regarding the request. She would still like to operate a day care center on the .97 acres that was rezoned A-R. She is in the process of relocating a new mobile home there. Chairman Schnarre ask how many children may attend. Ms. Rigby advised up to 20 children could attend with her being the main caretaker. Ms. Rigby advised she is a R. N. with background in Pediatrics.

Commissioner Kirkpatrick made motion and Commissioner Stanton second the motion to approve the request for Patty Rigby.

Voting was as follows:

Keith Kirkpatrick yes Andrew Stanton yes

Keith Schnarre yes Jim Beasley yes

Linda Vogt yes Joe Falco yes

Mike Sloan yes Stan Elmore yes

The motion to recommend approval passed unanimously.

 

# 2 Request by Betty Lockwood for Cheryl Steffan to operate a horse training and boarding facility on 24.73 acres located at 2095 W. Sycamore hills Rd.

Mr. Shawver reported that this property is located approximately 2 1/2 miles north of Columbia. The property has frontage on Creasy Springs Road, a gravel county maintained road. Proposed access to the site is a 25’ foot wide easement located on the east side of lot 22 of Sycamore Hills Subdivision. The property is zoned A-R (Agriculture Residential), as is all of the surrounding property. There has been a mobile home on the property. The property is for sale. The potential buyer wants to board and train horses on the property. There has been no previous request on the property. The comprehensive plan designates this area as being suitable for agriculture and rural residential land uses. Staff notified 51 property owners concerning this request. One letter in opposition was received. The zoning regulations do not list animal boarding and training facility as a Conditional Use Permit under the A-R zoning regulations.

Ms. Cheryl Steffan addressed the commission regarding the request. She stated Betty Lockwood was in Arkansas and could not attend. Ms. Steffan’s daughter is graduating in December with a degree in Equine Science and would like to start a stable around Columbia. It would be a small facility with a maximum of 10 horses. Main business would be boarding since she does have 3 horses of her own and would be giving lessons to students.

David Rogers, attorney, addressed the commission on behalf of the trustees of the Sycamore Hills Subdivision. He stated they were strongly opposed to the facility. This is not one of the permissible conditional uses in A-R zone. The property itself is a long narrow piece of property which would basically put this facility in the back yards of the surrounding neighborhood and subdivision. The access point that is proposed to use is a private road in Sycamore Hills Subdivision and cut a 25’ foot entrance easement across one of the lots in the subdivision to the facility. The road into the subdivision would not only have more traffic but the vehicles would be larger with trucks and trailers.

Mr. Rogers requested that if a Conditional Use Permit was granted that conditions would be placed for adequate wastewater facility, and not to use the access through the private entrance of the subdivision but provide its own road off Creasy Springs Road. Mr. Rogers asked the members of the subdivision to please stand and be noticed by the Commission in opposition of the request. (About 12 people stood)

Cheryl Steffan addressed the commision regarding the opposition to the request. She stated that since there was hostility on behalf of the residents, she would not continue her bid for the property. As far as the horses, they would not be using the toilets. With about 10 horses maybe a trailer or two per month would drive through the subdivision. Commissioner Schnarre asked if she was withdrawing the request and Ms. Steffan said she could not since it was the request of Betty Lockwood.

Commissioner Kirkpatrick made a motion and Commissioner Sloan seconded to deny the request by Betty Lockwood and Cheryl Steffan .

Voting was as follows:

Keith Kirkpatrick yes Mike Sloan yes

Joe Falco yes Stan Elmore yes

Keith Schnarre yes Jim Beasley yes

Andrew Stanton yes Linda Vogt yes

Motion to deny the request carried unanimously.

 

REZONING REQUEST

None

PLAT REVIEW

 

# 1 Breezewoood Harbor, preliminary plat. S2-T48N-R12W R-S

Columbia Landholding Co. - owner and Bill Crockett, surveyor

Gene Poveromo presented a handout with conditions that were previously placed on this property in 1990. He also presented a letter from Frank Gordon, Soil Conservation consisting of 2 1/5 pages. This tract was originally presented as a preliminary plat in 1990. It was tabled pending additional information on necessary improvements to the existing dam. The developer returned with some immediate and long term corrective measures to be made to the dam. Plat was approved with the conditions as listed in the handout. A final plat was never brought back to Planning.

This 112 acre subdivision is located north of I-70 just east of Lake of the Woods Road. There are 207 single family lots and one existing family cemetery which is indicated by Lot 193. There are two existing lakes on the tract. Lake of the Woods Golf Course is located on the southeast corner of the property and Lakeland Acres is due west. Copies of the plat were sent to Columbia Parks and Recreation, City Planning and Public Works. Central sewer service will be provided by Boone County Regional Sewer District and Public Water District #2 will provide water service. Several of the lots are located within the flood plain, however each of the lots has a building site out of the flood plain.

There is a proposed road to be constructed across the top of the dam. The safety of the dam has been noted by Frank Gordon in his letter. This plat has 60 points on the rating scale.

Staff recommends approval of the plat with two conditions:

1. Prior to submission of any final plat to the Planning Commission the following is to be submitted to staff: Plans approved by Frank Gordon which addresses the concerns as outlined in his letter dated

October 4, 1994.

2. Prior to submission of any final plat to the County Commission the following is to be submitted to staff: Documentation from Frank Gordon approving the "as built" plans which address his concerns as outlined in his letter dated October 4, 1994.

Mr. Bill Crockett, surveyor addressed the commission. Mr. Crockett noted that the dam is in sad shape, and a couple of good floods could remove it. The developer is not in a financial position to repair the dam (estimated $60 to $70 thousand) without conditional approval of the plat. The developer is willing to meet the conditions as recommended by staff. There are approximately 2150 acres upstream that drain into this lake.

The area between the flood plain and what is shown as Penny Lake is already platted into Lakeland Acres plat #6. This plat proposes to replat that property.

Mr. Crockett noted that the southwest corner of this tract (Tract E) does not reflect property that is currently owned by Boone County. The property was originally the site of the lagoon for Lakeland Acres. Mr.Crockett presented a revised copy with noted changes. Majority of that tract is in the flood plain, basically the land is useless for any kind of development and should be some kind of common land. It is not prime for development.

The residential development being proposed is in the $100 thousand dollar range for houses, based on the market today. The tract does not have access except for Lake of the Woods Rd. It is blocked on the south by the Lake of the Woods Golf Course, and private property owners to the east and north. Access is through the existing subdivision and a secondary access is proposed over the dam.

There is a small private cemetery on the site. Access to the street right-of-way has been provided for. The landowner will own it but will not have use for it, he must preserve it by state law as a private cemetery. Ownership belongs to the ones buried there. Chairman Schnarre asked if the ownership of the cemetery will stay with the developer? It will have to since they are the one who bought it, Mr. Crockett advised. There is no one to deed it to, heirs can not own it.

Commissioner Elmore advised that there needs to be a legally identified and binding contract concerning the dam maintenance so that the county is not responsible for the dam. It could be the home owner’s association of all 250 lots but it needs to be someone that exists not some individual because individuals die, corporations dissolve. It needs to be someone responsible 30 years from now when the dam needs maintenance.

Chairman Schnarre asked if the staff approved the concept of a dam and the 2 acre tract of land the county has deed to? Does it need an easement to the property? Commissioner Elmore did not think the county had any need to the old lagoon site and probably should declare it surplus and get rid of it unless it could be used as a park or something.

Mr. Crockett advised that the original bond laws and orders of incorporation establish by the Lakeland Sewer Association prescribed how and to who the tract would be sold. It states a municipality or the local governing body. In this case, when it was dissolved the property was to go to the County of Boone. He stated the county can do what they see fit.

Chairperson Schnarre noted that several people were present on this plat.

Edward Killerman who lives at Lakeland Acres for 20 years, addressed the commission. He stated he was concerned about the water going over the dam and the lake level. When there is a 3" rain, Hominy Creek becomes the Missouri River. Welch Lake itself was at one time approximately 22 acres and is now down to 12 acres. Mr. Killerman was concerned because a neighbor had water almost to his back door for almost a month this last rainy season.

Chairperson Schnarre advised that 2100 acre drain into the lake. Mr. Killerman asked who would be paying for the road across the dam? Would it be the County or the developing company? Chairperson Schnarre advised the developing company pays for the road and the county pays for the maintenance. Mr. Killerman also expressed concern with the increased traffic through Lakeland Acres.

Mr. Bob Salazono who lives on Molly Lane addressed the commission. Mr. Salazono was wanting attention to be paid to the letter from Mr. Gordon.

Mr. Philmore Gregory who lives on Molly Lane addressed the commission. He also expressed concern with access, traffic and the potential danger with small children in the area.

Bob Scott who lives at 2300 Linda Lane addressed the commission. He has lived there 25 years and he stated there had been five (5) ownership’s of the property in that time. The original owner Mr. Welch had built some coffer dams to keep the trash out of the lake. Since his ownership it has really deteriorated. They have complained to the previous owners about problems. Mr. Scott stated he called the previous owner when water was in his yard approximately 6 weeks out of the spring season and threatened to kill some of his trees. No action was taken.

Mr. Don Humphry addressed the commission. He stated the levee is the only access to his house. His concern was not that it needed to be reconstructed but it needs proper spillways to carry the water out. Any rain, other than a normal one the water goes over the road. Mr. Humphry stated he had put several thousand dollars every year in gravel and equipment for the road. Mr. Humphry and the Hamond’s are the only two residents who use this road so he feels it falls on them to maintain. Last year he almost completely reconstructed the road. If the road is built across the levy, who is going to determine the proper spill ways. He said the water has silted in and instead of a lake it is like a river coming down and over the spillway. He said it did not show their property on the plat because they are in Pin Oak Subdivision, but they access through the back of the property.

Commissioner Kirkpatrick asked if Mr. Humphry had an easement across the dam. Mr. Humphry advised yes, an easement which was allowed at the time he built the house. The property was to hook onto the lagoon system of Lakeland Acres rather than to build his own lagoon. Two of the property owners in Pin Oak Subdivision agreed to that and one did not. It was also written in his deed since this is the only access into his property.

Janet Humphry, Don’s wife addressed the commission. Ms. Humphry was concerned if there was access for the road going across the Hammond property. The developer may have to tear down Virginia’s garage to get the road through. Another concern was the land owners association, who would take control of the lake or maintenance of the lake? Mr. Dewey Welch had thought that there was some type of fund to maintain the lake, which never had been done. If the lake is developed, who is going to maintain it in the future? Would it be the landowners of the new 200 houses, or the present land owners who would be responsible to maintain the lake over the years? She stated it had really gone down since the Bank of Holt Summit sold it.

Gary Bear, 2200 Lake Land Drive which is lot #19 on the plat addressed the Commission. He expressed concerns with the increased traffic and the damage to the subdivision roads.

Delane Gastin, 2401 Linda Lane addressed the commission. He expressed concern with the possible traffic increase.

Jean Schovan at 2330 Linda Lane addressed the commission. She expressed concerns with the impact on wildlife and noted she did have a big tree that was killed last year due to high water.

Mr. Crockett concurred with the gentleman that said the lake size had diminished appreciably over the last 30 years. The lake was actually constructed by Dewe Welch who was a local contractor and engineer in late 1950’-60’s. It has diminished from 22 acres to 12 acres. The silt did not come from this development, it came from the 1900 acres up stream from this tract. Most of that property upstream until recently has been row cropped with less than adequate measures for erosion control.

The road on the dam will have contracts and agreements stating the county will have the responsibility for the road surface. The dam and the underlying base for the road will be the responsibility of either the developer or later an association to have responsibility for the lake.

The dam has been topped several times. He stated there were 10’, 12’, 14’, logs that were 8" to 14" in diameter in the lake. He even saw 3 x 6 sheets of plywood that had lodged in the dam and this was after the storm water had gone down.

Mr. Crockett stated that the developer is ready to accept the conditions of improving the dam and addressing these conditions provided we have some assurance that the financial recovery can be made on the area. It is not a $5,000 dollar situation to correct the spillways on the dam, it may be $60 to $75 thousand dollar effort that will have to be expended on the dam alone.

Chairman Schnarre asked Mr. Crockett what type of ridge top was on the dam and the slope. He answered a 25 foot and could be expanded to encompass 30 foot roadway without any problem. On the front side it has eroded in great detail somewhere around 2 to 1, on the back side is starts out about a 4 to 1 and steepens up to about a 2 to 1. There is sufficient mass that the structure in not in jeopardy.

Commissioner Vogt had some concerns about the maintenance to the lake and a road on top of the dam. How the public can deal with that in their inventory. Even if agreements are made, who do we make the agreements with and how long lived are they?

Commissioner Elmore stated that an agreement is needed that would not die. If a home owners associations is created correctly, it will last as long as there are any homes on this some 200 lot subdivision.

It was asked what would happen if the number of homes decrease from 200 down to 20? Do the 20 home owners still pay the full bill? Commissioner Elmore said those 20 and the people who own the lots are responsible.

Mr. Shawver stated that there would be a membership fee, the incorporation of the home owners association would be one of the covenants. Generally there will be an assessment made at the first of the year. If not paid there would be a lien against the property. He stated the Highlands have a $100.00 a year fee. If this is approved, the final plat comes back, we have recorded copies of the covenants that would include those specifications.

Commissioner Elmore wanted to point out that as this property is developed there will be three roads going west, and two going north.

Commissioner Kirkpatrick made a comment regarding the plat itself. Apparently everyone agrees that there is a very dangerous situation with the existing dam.. If the plat were approved it may be a way to alleviate that situation.

Commissioner Beasley stated that the dam needs to be fixed apparently for safety considerations and if we can provide where the responsibility lies in this subdivision, we are obligated to do that.

Commissioner Kirkpatrick asked Mr. Crockett the height of the dam and he responded less than 35 feet.

Mr. Crockett stated that no housing permits will be issued until the dam is completed.

Commissioner Elmore made a motion and Commissioner Sloan seconded a motion to approve the plat with the following conditions:

1. The planning staff will require covenants accompanying the final plat, dealing with the maintenance of the lake and dam;

2. Prior to submission of any final plat to the Planning and Zoning Commission,

the following is to be submitted to staff: Plans approved by Frank Gordon which addresses the concerns as outlined in his letter dated October 4, 1994.

3. Prior to submission of any final plat to the County Commission the following is to be submitted to staff: Documentation from Frank Gordon approving the "as built" plans which address his concerns as outlined in his letter dated October 4, 1994.

Voting was as follows:

Stan Elmore yes Mike Sloan yes

Joe Falco yes Keith Kirkpatrick yes

Linda Vogt yes Andrew Stanton yes

Jim Beasley yes Keith Schnarre yes

The motion to recommend approval of the Breezwood Harbor Plat was approved unanimously.

 

 

PLAT #2

Shalimar Gardens Preliminary Plat. S25-T49N-R13W R-S Larry Benton, owner and Ron Shy surveyor

Gene Poveromo reported that the subdivision is located on the north side of Brown School Rd approximately 1/2 mile west of Highway 763. This tract is the last section of Shalimar Gardens to be preliminary platted.

Part of a 100 foot utility easement is located along the west property line. Additional right-of-way has been provided for along Brown School Rd.

Central sewer service will be provided for by the Boone County Regional Sewer District. At this time there is not adequate water pressure for fire hydrants.

During the last preliminary plat there was concern with the extension of Providence Rd and its location under the existing high power line. Commissioner Elmore addressed the commission. He stated that Mr. Shawver arranged a meeting with the City Planning Department to discuss this situation. The City has acquired some of the right-of-way for Providence Rd, (south of this property) Extending Providence Rd, from the city limits due north following the straight black line on the master plan, it goes under a transmission line. An alternate route would begin to veer to the west at Smiley Ln, parallel Shalimar Gardens come back through an angle (near the south east corner of Clearview Sub) and then go northeast across a section of Mr. Benton’s property (north west corner of Shalimar Gardens).

Commissioner Elmore stated that from Smiley Ln. to the north line of Mr. Benton’s property (approximately 1 mile distance) there are three property owners. The only platted property along this distance is a corner section of a preliminary plat of Shalimar Gardens..

Commissioner Elmore made the motion and Commissioner Falco second the motion to approve Shaliamar Gardens Plat.

Voting was as follows:

Stan Elmore yes Joe Falco yes

Keith Schnarre yes Mike Sloan yes

Jim Beasley yes Keith Kirkpatrick yes

Andrew Stanton yes Linda Vogt yes

The motion to recommend Shaliamar Gardens passed unanimously.

 

PLAT #3

Gilpin Estates, final plat S19-T46N-R11W A-2

Jerry & Vicki Gilpin, owners and Ron Shy, surveyor

Gene Poveromo reported that this tract was recently rezoned from A-1 to A-2. The property is located approximately 2 miles south east of Ashland on Hawkins Rd. This 3.5 acre tract was rezoned because it was separate from the remaining property by Hawkins Rd.

Commissioner Elmore advised he had met with Mr. Gilpin. Several neighbors were concerned with the sharp turn on the northeast corner of this tract. It is more than a 90 degree turn since it doubles back on itself and the companion corner near the northwest corner of this tract. Arrangements have been made to cut a hill for improved site distance. It will require taking some trees down but the trees already have some bumper marks in them. There are about 15 houses south of this which can not see around that corner when driving.

Commissioner Elmore made and Commissioner Stanton seconded motion to approve the final plat for Gilpin Estates.

Voting was as follows:

 

Stan Elmore yes Andrew Stanton yes

Jim Beasley yes Keith Schnarre yes

Linda Vogt yes Keith Kirkpatrick yes

Joe Falco yes Mike Sloan yes

Motion to recommend approval passed unanimously.

 

 

PLAT REVIEW #4

Southbrook Subdivsion, final plat S1-T47N-R13W R-S

Jac & Judith Durk owners. Tim Capehart, surveyor.

Gene Poveromo reported that this plat was recently approved as a preliminary with two conditions (50 foot half width right of way is provided along Rte K, and South Brook Dr is aligned with Brook Side). These conditions have been met.

 

Commissioner Stanton made and Commissioner Kirkpatrick seconded motion to approve Southbrook Subdivision.

Voting was as follows:

Andrew Stanton yes Keith Kirkpatrick yes

Linda Vogt yes Mike Sloan yes

Jim Beasley yes Joe Falco yes

Keith Schnarre yes Stan Elmore yes

The motion to recommend approval passed unanimously.

 

 

 

OLD BUSINESS

Chairman Schnarre ask Mr. Shawver if there were any reports. He advised that the County Commission approved what had been submitted last month.

 

 

 

 

 

 

NEW BUSINESS

 

Meeting adjourned.

 

Respectfully submitted,

 

 

 

 

Keith Kirkpatrick, Secretary

 

 

On this _________ day of November , 1994.