MINUTES

BOONE COUNTY PLANNING AND ZONING COMMISSION

7:30 P.M. - THURSDAY, NOVEMBER 17, 1994

COUNTY COURTHOUSE

701 E. WALNUT, COLUMBIA, MO

PRESENT: Keith Schnarre, Chairman

Jim Beasley, Vice-Chairman

Keith Kirkpatrick, Secretary

Mike Sloan

Joe Falco

Stan Elmore - County Engineer

ABSENT: Jon Gerardi

Linda Vogt

Andrew Stanton

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 October 20, 1994 were reviewed.

Commissioner Elmore and Commissioner Falco second a motion to approve the minutes of the October 1994 meeting.

The motion was approved by acclamation.

CONDITIONAL USE PERMIT

No requests submitted

REZONING REQUESTS

#1. Request from Gordon and Bonnie Burnam to rezone from A-R (Agriculture Residential) to RS/PRD (Single Family Residential / Planned Residential Development) and approval of a Review Plan on 83 acres, more or less, located on the north side of Alfalfa Dr., and on the north and south side of Northwood Dr.

 

Stan Shawver reported this property is located just north of Columbia. Access is from Alfalfa Drive and Northwood Drive. The property is zoned A-2 (Agriculture), as is property located to the north, east and northwest. Property to the south is zoned A-R (Agriculture Residential) and A-2. There are 83 acres located at this site. The land is currently vacant. The applicant is requesting that the land be rezoned to R-S / PRD (Single Family Residential / Planned Residential Development). A preliminary plat / review plan has been submitted that shows a density of 240 residential lots on this tract. The Comprehensive Plan designates this area as being suitable This site was originally zoned A-2, but was rezoned to A-R in June 1978. Staff notified 45 property owners concerning this request.

Mark Stephens addressed the commission on behalf Gordon and Bonnie Burnam. He advised that in August 1994 he had previously requested for a R-S zoning. At that time, numerous concerns were raised. Trying to address the concerns the zoning was modified to RS/PRD. By rezoning to R-S, a possible 6 units per acre would have the potential of 450-500 lots. With PRD the intent is to put in no more than 240 units.

Original plans were to put in a sewer lagoon on the east side of the property, the previous concern was possible runoff to a creek. The lagoon has been moved to the northwest side.

Mr. Stephens said almost 2 acres will be set aside for a public park. Schools were another concern in the Hallsville School District. The north of the section line would attend Hallsville Schools and south of the line would attend Columbia Schools. Mr. Stephens said he spoke to the principal at Hallsville and the school is already overcrowded. He stated the principal indicated that they were aware that development was moving north towards them and they would have to address the overcrowding.

Mr. Stephens mentioned that concerns from the previous zoning request was the uncertainty as to what was going to be developed and how it would effect the property value. The lots on Alfalfa Drive are larger lots for better development.

Mr. Bill Marshall, engineer addressed the commission. The sewage system on the northwest was not a lagoon, he said it is a mechanical plant. Size approximately 100,000 gallons a day. The development of 240 lots would need to be 88,800 gallons a day and would leave some room for further development. There will be a sewer line along the north side of Alfalfa Dr. but anyone south of Alfalfa could tie on to it. May have to pump to it since the homes are lower but it would provide an opportunity.

Mr. Marshall then addressed the water system. Currently there is a 2" water line along Alfalfa. With the development adequate water flow for fire protection and for water consumption would be addressed. He indicated that the map showed some fire hydrant locations.

Commissioner Beasley asked what type water line would be put in. Mr. Marshall stated the main line would probably be 8" with 6" line feeding off of it. Until a hydraulic analysis is done, Mr. Marshall was not certain what was necessary.

Mr. Marshall said he spoke to the Water District #4 and they recognize that things are moving north of Columbia into their district. The district will be upgrading their system. Instead of putting in a 8" line, a 12" line will be used along Route B. He said this is where the connection would be.

Mr. Stephens addressed the Commission and advised that the cost of construction per housing was estimated to be $70,000 in this area. He feels like it will provide some good lower cost housing that is needed. R-S zoning was consistent with activity in the area.

Mr. Carson Russell spoke out regarding the water lines. He stated that a 2 " water line and 4" water line were currently utilized in the area, it has not provided adequate water.

Mr. David Rogers, attorney, addressed the Commission on behalf of a number of property owners in the area who were opposed to the request. Mr. Rogers wanted to ask the Commission to keep in focus that there were two requests before them; one for the rezoning and one for the approval of the plan.

Mr. Rogers noted the purpose of Planned Zoning as stated in the Zoning Ordinances is to minimize the adverse impact that a new development will have on the surrounding neighborhood. He thought that this plan was the worse of both possible worlds. Higher density, the plan shows no road interconnections with 17 cul de sacs, very poor layout and limited access. Will not be able to loop the water lines, one way in and one way out to 200 of the lots in the subdivision. Not only would it effect the neighborhood but the county as well. This plan would cut off any possibility of road and water line interconnections and it would be a development that stifles the area.

He continued that the zoning does not fit the area. To lock in the number of possible 240 units does not fit into the county’s plan. The neighborhood opposes the plan. It is too dense, contrary to general plan, and not good for county or neighborhood. Mr. Rogers asked for the residents in opposition of the request to stand and be noticed by the Commission. (about 30-35 people stood)

Ms. Terry Gonder, adjoining property owner to the north of the proposed plan addressed the Commission. She presented a petition in opposition with signatures of 13 adjoining property owners and 13 non adjoining property owner. It was estimated about 70% of the adjoining landowners signed in opposition. She affirmed the statements by Mr. Rogers and stated that the plan does not meet the requirements of Section 6A 1, of the Plan Development Code which states the purpose of planned developments are to encourage unified developments. She stated it had an adverse impact on the adjacent land.

Ms. Gonder was concerned for the sewage disposal system. Many of the neighbors have ponds and were concerned of the run off and the way it would be addressed. Ms. Gonder was concerned that the developer would not complete things as had been promised and had not been done in Bon Gore Subdivision. Many of the neighbors were concerned that the developer would again not fulfill the promises.

Ms. Gonder was concerned that the Hallsville School District could not handle the influx anticipated with this development. In the Hallsville School’s newsletter, October 1993, they had 423 students in the school system, 1994 they began with 476. With the increase they placed two trailers outside of the school. If 240 houses are developed, there will be an increase of children. She questioned how Hallsville School District could handle it.

The road usage was questioned on Alfalfa Dr. The last road usage survey done by Public Works was in 1992. They estimated a daily average of 204 cars on Alfalfa Dr. Alfalfa is a gravel road and as it loops around to Oakland Gravel their is a very sharp curve. With 240 houses, 240 cars with two trips daily would be a 235% increase, if two cars per house it would be a 470% increase. She stated Alfalfa can not handle the traffic.

Harold Stearly, resident on the west side of the proposed development addressed the Commission. He was concerned regarding his property value. His property may go down since it is well above the estimated $70,000 stated. He has a 3 acre lake with a water shed of approximately 25 acres which he fears will contaminated. With the high density he will have to address the liability issues of fencing and posting his wooded property. With the property now he has some trespassers wondering on.

Carl Niewoehner a 40 year resident of the area addressed the Commission. He stated he was a retired consulting engineer (civil engineer) licensed in Missouri. When he looked at the plat (knowledge of the area indicated to him) all of the runoff water from the roofs, driveways, new streets would funnel through the property south, through the Horse Fair Farm and virtually all this water will run through Gregory Heights. It floods now and with more water it will continue to flood. Mr. Niewoehner said he was on the original Board of Directors Public Water District #4. He had spoken to the County Commission when the jail was to be relocated. He advised them at that time District # 4 could not handle it. Jail was built, and new line from District #1 had to be build. He said there is low water pressure at District #4 now. Sometimes in the morning it barely runs. He had not heard of any plans to have any new lines and a lot of money would be spent if 10" or 12" lines were installed.

Another problem he saw was trying to turn a fire truck around in the cul de sacs.

Debra Booker, owner of Horse Fair addressed the Commission. She wanted to confirm what Mr. Niewoehner had stated regarding the water district. When the Boone County Fair Grounds was put in, District #4 had to buy water from District #1. It has been a major issue off and on. There also is a terrible traffic problem on Oakland Road as was evidence with the "Balloons". When the balloons are not going, people drive so fast up and down Oakland, that when you try to get in or out of Alfalfa on either end there is a risk. Children are at terribly high risk, dogs running loose also cause problems.

Mark Stevens, addressed the concerns just presented. Regarding water lines, someone from District #4 had come to previous August P & Z meeting stating they were to put in a 12" water line at the Jeffrey Smith property and would extend it over.

Regarding the road problem, Alfalfa Drive is to be resurfaced and some work done on it. Environment concern, use of the mechanical treatment plant and usage of treatment plant all have to be permitted under the Department of Natural Resources and not a problem perceived.

This property is already zoned A-R, Mr. Brunum could build two houses per acre, he asking to build about 3 or 2.9 houses per acre; not much more than what he is entitled to. People need to realize this will not stop development or development of this tract. The question is how it will be developed and what manner. He stated the concerns were being addressed from the last rezoning request. In addressing the concerns they were trying to meld into the community.

Bill Marshall wanted to state all the lines in the subdivision would be looped and will be available to extend to surrounding area. Mr. Marshall said Mr. Stearley has a flush hydrant, on a very small line and could not hook a fire hydrant to it, the line will fill a tanker. Regarding the layout of streets, when they began to develop they had a street across the north, then Mr. Burnam advised him not to have streets to the north. He had addressed the safety of the children in the area and the speed. If there was a through street the motorist has a tendency to go fast. A cul de sac area generally will develop a more cohesive community.

If 120 lots were developed there would be a little less of a storm water problem. Not all of the property drains to Gregory Heights, some goes to the water shed to the east, some to the west. He had heard Northwood would be paved.

Chairman Schnarre asked the number of access of cul de sacs to Alfalfa Dr. Mr. Marshall stated as it was developed, the area will have to have speed control and would funnel traffic.

Commissioner Elmore stated that at the Concept Review there was concern about the cul de sacs and traffic. It needs a more conventional layout. He would suggest another east-west layout to serve the community better. All cul de sacs onto Alfalfa would create a burden, and a traffic problem. He recommended if approved, the plan to be revised to accommodate a east-west street from Oakland to Alfalfa through this subdivision and not all the traffic be on Alfalfa. There needs to be some way for the people to get to Oakland without going back to Alfalfa. If a school bus comes through this it will have to go in and out of every street to pick the children up. Much better if some could be picked up on the street in the subdivision without all this traffic in and out.

Chairman Schnarre asked staff if buildable lots were allowed under power lines. Stan Shawver said yes, the restriction is that no part of a structure can be inside the easement.

Commissioner Beasley asked if two (2) decisions were to be made at this time? Commissioner Kirkpatrick, said maybe one. Chairman Schnarre stated the plan needed to be decided first. If the plan was not approved, then the zoning did not have to change.

Commissioner Kirkpatrick stated the plan can not be approved if zoning was incorrect, so zoning should be first.

Commissioner Falco wanted to agree with the comments proposed by Commissioner Elmore. Commissioner Kirkpatrick agreed with what Commissioner Elmore had proposed but it was such a radical change from what was being presented.

Commissioner Sloan asked if the land needed to be rezoned or not? He felt that the decision would have been made in August. At that time it was decided that the land was to be left A-R. There was not that much support for R-S development on this property.

Commissioner Kirkpatrick agreed with Commissioner Sloan, he stated that three months ago he felt the property was zoned properly and he had not seen or heard anything to change his mind.

Commissioner Sloan made and Commissioner Kirkpatrick second motion to deny request for RS-PRD zoning.

Voting was a follows:

Mike Sloan yes Keith Kirkpatrick yes

Stan Elmore no Keith Schnarre yes

Jim Beasley no Joe Falco no

Motion to recommend denial of the request did not carry. Tied 3-3

Commissioner Falco made and Commissioner Beasley second a motion to approve RS-PRD zoning.

Voting was as follows:

Joe Falco yes Jim Beasley yes

Stan Elmore yes Keith Kirpatrick no

Keith Schnarre yes Mike Sloan no

Motion to recommend approval of RS-PRD zoning carried. 4 yes - 2 no

 

REVIEW PLAN

Commissioner Elmore made comments earlier how he thought the traffic could be better handled and the flow in the neighborhood. He stated the Commission should not dictate this, the developer may have a better plan.

Chairman Schnarre made and Commissioner Kirkpatrick seconded motion to deny review plan and have another one submitted.

Commissioner Kirkpatrick strongly recommended if resubmitted it would have 160 lots. Chairman Schnarre added he did not like the roads as drawn.

Voting was as follows:

Stan Elmore yes Keith Kirkpatrick yes

Mike Sloan yes Mike Falco yes

Jim Beasley yes Keith Schnarre yes

Motion to recommend denial of the review plan carried unanimously.

 

#2. Request from Eastland Hills Development Co. to rezone from R-S (Single- Family Residential) to R-D (Two-Family Residential) of 4.5 acres, located at 5075 E. St. Charles Rd.

#3. Request from Eastland Hills Development Co. to rezone from R-S (Single- Family Residential) to R-M (Moderate-Density Residential) of 7.2 acres, located at 5075 E St.. Charles Rd.

 

Stan Shawver reported this property is located just east of Columbia and is access from St. Charles Rd. and I-70 Drive SE. The property is currently zoned R-S, as is all of the surrounding land located outside the city limits of Columbia. Land located inside the city limits is zoned C-3 (General Commercial). There are two requests for this site. The first request is to rezone 4.53 acres to R-D (Two Family Residential). The rezoning area will encompass 13 lots as shown on the preliminary plat of Eastland Hills Subdivision. The second request is to rezone 7.27 to R-M (Moderate Density Residential). The rezoning area will encompass 18 lots as shown on the preliminary plat. The Comprehensive Plan designated this area as being suitable for low density residential development. There have been no previous requests submitted on behalf of this site. Staff notified 39 property owners concerning this request.

Gene Bassinger, one of the owners, addressed the Commission. He explained that previously they came in with a preliminary plat. He showed on the map the different zoning areas and area requested to be rezoned for duplex lots and four-plex lots.

Nancy Sublett who lives on St. Charles Rd. addressed the Commission. She is in opposition to both of the rezoning requests. The request for the rezoning is contrary to what the county planning is for the area. In Sunrise Estates there are at least 400 residents that use an access road onto St. Charles Rd. When one drives over the bridge it takes a deep bend to the right on St. Charles Dr. around a gas station that is very close to the road. The bar at the station has early morning happy hour for the night shift. There are about 20 private drives onto St. Charles Rd. She asked the residents who came to stand and be recognized

Dale Schlottach, resident on St. Charles Rd. addressed the Commission. Mr. Schlottach wanted to know if the developer will be living in the neighborhood. Profit is the only reason to add more dwellings. Traffic fatalities increase when density increases. If the people in the area had to make the decision it would not be to have duplexes much less four-plexes in this area.

Ms. Terri Langley of St. Charles Rd. addressed the Commission. She said several residents had attended the last presentation and mentioned that several Commissioners had stated then that he had crammed as many houses as he could get on the property. Seems like he is cramming even more. Traffic is already a problem.

Gary Langley of St. Charles Rd came forward to address the Commission. He stated that when I-70 traffic was diverted down on St. Charles, traffic backed up even then and with more development it will make it considerably worse.

Mort Caldwell of Cedar Grove Blvd. addressed the Commission. He owns property adjacent to the tract and it adjoins the city lines and lots 13, 14, and 15 for about 275 feet. He is opposed to the project and the rezoning. It will contribute to the destruction of the rural neighborhood on St. Charles Rd. The road already has too much traffic; the addition of 100 plus units could create an addition of 200 vehicles on the roads. You can not stop development but he hoped they could hold down the density.

Gene Bassinger said the opposition he heard was regarding the traffic. His development has a through street all the way from St. Charles to I-70 Drive which actually may alleviate traffic. As far at the rezoning request the four-plex is to the north side of the property, this traffic would probably move north to I-70. Duplex sits right in the middle and will not increase density that much; traffic could go either north or south. In reality this plan is not a maximum density plan. We could have increased it 20% - 30% additionally.

He stated that they are trying to buffer the single family from the commercial zoning. This is a classic example of step zoning. Sewer is regulated by state and there is adequate water supply. They will have to bring in larger water lines which will improve fire protection in this area.

Chairman Schnarre asked Mr. Bassinger if any of the partners of the development plan to live in the development. Mr. Bassinger said he lived in the country and would not be living there. He did not know if Mr. Hammer had the desire to live there or not.

Commissioner Kirkpatrick asked if the commercial land was owned by his company. Mr. Bassinger said yes, it was just rezoned by the city 2-3 months ago.

Chairman Schnarre asked Commissioner Elmore if he knew what maybe planned for this end of St. Charles Rd. He answered that there are no current plans for St. Charles Rd.

Commissioner Sloan wanted to know what was the maximum allowable density? Mr. Bassinger said 98 right now, the lots were approximately from 9 to 12 thousand sq. ft.. Commissioner Sloan stated the developer could increase the density 20% where platted and allowable by the existing zoning.

Commissioner Beasley asked how many four-plexes? Mr. Bassinger stated there will be 17 and one lot with a duplex. Commissioner Elmore wanted to know the total number.

Commissioner Beasley made and Commissioner Elmore seconded a motion to recommend the approval of the R-D request.

Commissioner Beasley appreciated the intent of buffering the other section of the subdivision, that is the reason he would support it. Commissioner Elmore stated it was reasonable to have a mix of duplexes and single family, however, he did not like the next request for voting on 68 units of multi-family. With both approved there would be more units of multi family in the neighborhood than single family. He still supported the duplex part of this project.

Commissioner Kirkpatrick stated he is not sure if he would prefer the R-M over the R-D.

Chairman Schnarre stated that 13 R-D lots as proposed would be 26 units and eliminate 13 singles, so they are doubling with the proposed R-D section. He stated he would rather have the R-D and the single buffer switched. Schnarre stated maybe the whole thing R-D.

Commissioner Kirkpatrick stated they may not be making traffic better by adding single family driveways. Each drive would be off St. Charles Rd.

Question to recommend approval of the RD request was called.

Voting was as follows:

Jim Beasley yes Stan Elmore yes

Mike Sloan no Joe Falco no

Keith Kirkpatrick no Keith Schnarre no

Motion to recommend approval did not pass. 4 - no 2 - yes

Stan Shawver advised the Commission that the motion had failed, therefore, they needed to frame another motion.

Commissioner Kirkpatrick made and Commissioner Falco seconded a motion to recommend denial of the RD request.

Voting was as follows:

Keith Kirkpatrick yes Joe Falco yes

Stan Elmore no Mike Sloan yes

Jim Beasley no Keith Schnarre yes

Motion to recommend denial of the request to rezone from R-S to R-D carried. 4 - yes 2 - no

Request for Eastland Hills Development Co. to rezone from R-S to R-M

of 7.2 acres.

Commissioner Falco made and Commissioner Sloan seconded a motion to recommend denial of R-M rezoning request.

Voting was as follow:

Joe Falco yes Mike Sloan yes

Jim Beasley no Keith Schnarre yes

Keith Kirkpatrick yes Stan Elmore yes

Motion to recommend denial of the request from R-S to R-M carried.

5 - yes 1 - no

 

#4 Request from George Campbell to rezone from A-1 (Agriculture) to A-2 (Agriculture) of 5.16 acres located at 7915 E Angel Ln.

Stan Shawver gave report that this property is located approximately 2.5 miles northeast of Ashland. Access is from Angel Lane, a county maintained road. The property is zoned A-1 (Agriculture) as is all of the surrounding land. There is an existing house and barn on the property. The applicant is requesting a change in zoning so that he may sell the house and barn with 5 acres, rather than 10 acres. The 1973 Comprehensive plan designated this area as being suitable for rural residential and agricultural land uses. There have been no previous requested submitted on behalf of this property.

Eddie Bearingson said he represented George Campbell in the sale of the home. He is trying to have it rezoned to sell the house and barn with a total of 5 acres and not disturb the crop land that adjoins it.

Chairman Schnarre asked if the person living there now is the potential buyer? Mr. Bearingson responded that was correct.

Commissioner Beasley ask if the only reason to rezone is to sell the house. Mr. Bearingson responded positively.

Commissioner Elmore stated that this was unique being adjacent to the airport. He did not think it would be encouraging a lot of rezoning for subdivision in this area and he made motion to approve.

Commissioner Elmore made and Commissioner Sloan seconded a motion to recommend approval of the zoning request from A-1 to A-2.

Commissioner Beasley agreed with Commissioner Elmore that it is a small area and probably would not cause any other problems. But it is definitely a spot zoning, the surrounding area is all A-1 and he is uncomfortable with the owner’s desire to sell off part of it was sufficient reason to rezone.

Commissioner Kirkpatrick concurred with Mr. Beasley, that it is definitely a spot zone. It does seem as a matter of convenience for the owner. He remembered turning down one similar request in the past year. Mr. Kirkpatrick did not want to put pockets of spot zoning in the middle where they do not belong.

Commissioner Elmore called attention to the purpose and intent in the zoning regulations on page 1, paragraph 2. "Planning goal of Boone County is to reduce urban sprawl through the use of the Point Rating System, County Subdivision Regulations, and this Zoning Ordinance. Paramount among the County’s objectives are (a) to preserve good agricultural land, (b) to insure that new, urban developments will not seriously interfere with accepted farming practices on adjacent land, (c) to make maximum use of existing facilities and to reduce the need for new and/or expanded facilities."

Chairman Schnarre said he understood why the owner wanted to keep the farm land, where the house is located is not too productive land by the aerial photo. He would want to sell the house off and keep the land to farm if it were him.

Chairman Schnarre called for the question to recommend approval of the zoning request.

Voting was as follows:

Stan Elmore yes Mike Sloan no

Joe Falco yes Keith Kirkpatrick no

Jim Beasley no Keith Schnarre yes

Motion to recommend approval of the request to rezone from A-1 to A-2 did not pass Yes - 3 No - 3

Commissioner Beasley made and Commissioner Elmore seconded a motion to recommend denial of the zoning request.

Voting was as follows:

Jim Beasley yes Stan Elmore no

Keith Schnarre no Keith Kirkpatrick yes

Joe Falco no Mike Sloan yes

Motion to recommend denial did not pass Yes -3 No -3

Commissioner Kirkpatrick made and Commissioner Falco seconded a motion to table Campbell’s rezoning request.

Voting was a follows:

Keith Kirkpatrick yes Joe Falco yes

Jim Beasley yes Keith Schnarre yes

Mike Sloan yes Stan Elmore yes

Motion carried to table the zoning request was approved unanimously.

 

PLAT REVIEWS

#1 The Oaks, preliminary plat. S32-T49N-R12W R-S

Gene Smith, Gary Lohse, owners. Ron Shy, surveyor.

 

Gene Poveromo gave a report that this 81 lot subdivision is located along Brown Station Rd at the Highway 63 North overpass. Fifty-six lots are located within the City of Columbia. The developer is requesting that the section in the county (25 lots) be annexed. The City Planning Commission and Council has approved the section within the City limits. Final plats will be submitted to the City after approval of annexation. All services will be provided by the City of Columbia. This plat has 73 points on the rating scale.

Dick Barb from Allstate was present for questions.

Commissioner Elmore made and Commissioner Beasley seconded a motion for approval of the Plat Review.

Voting was as follows:

Stan Elmore yes Jim Beasley yes

Joe Falco yes Keith Schnarre yes

Keith Kirkpatrick yes Mike Sloan yes

Motion to recommend approval of The Oaks preliminary plat passed unanimously.

 

#2. Concord East, Plat 1, final plat. S7-T48N-R11W M-L

Ls Enterprises, owner. Ron Shy, surveyor.

Gene Poveromo reported that the Commission conditionally approved a preliminary plat of this development on February 17, 1994. Conditions concerned sewage treatment specifically extension to the OTSCON sewer system operated by BCRSD. Sewer plans are currently being reviewed by the sewer district. Lot 4 contains an existing structure (Paramount Liquors) and Beaufort Trucking is completing a structure on lot #2. Street is concrete curb and guttered. This plat has 55 points on the rating scale.

Commissioner Sloan made and Commissioner Falco seconded a motion to approve Concord East Plat 1, Review.

Voting was as follows:

Mike Sloan yes Joe Falco yes

Keith Kirkpatrick yes Stan Elmore yes

Jim Beasley yes Keith Schnarre yes

Motion to recommend approval of the Concord East Plat 1, passed unanimously.

 

 

#3 Arrowhead Lake Estates, final plat. S4/9-T47N-R13W A-2

Evergreen Estates Development Corp. owner. Ron Shy, surveyor.

Gene Poveromo gave a report that this 36 lot subdivision, located on 265 acres, received preliminary approval for the Commission on August 19, 1993. The development will be served an on-site sewage treatment plant owned and operated by BCRSD. The installation of concrete streets is approximately 90% complete has been overseen by the Public Works department. Installation of utilities should begin shortly.

Located in the A2 zoning district, lot size range from 2.5 acres to 15.07 acres. A 54 acres lake will be located in the center of the property. Three streets are stubbed out to the property and the right-of-way is dedicated for these streets. Additional right-of-way is dedicated along Sinclair Rd. There is a large common area just north of Rte K. The plat has 56 points on the rating scale

Commissioner Elmore made and Commissioner Kirkpatrick seconded a motion to recommend the approval of Arrowhead Lake Estates Plat Review.

Voting as follows:

Stan Elmore yes Keith Kirkpatrick yes

Jim Beasley yes Keith Schnarre yes

Joe Falco yes Mike Sloan yes

Motion to recommend approval of Arrowhead Lake Estates Plat passed unanimously.

 

#4 The Woodlands, Plat 3A, final plat. S28-T48N-R12W A-R

Rhodes-Paynes Properties, owner. Tim Capehart, surveyor.

Gene Poveromo reported that that plat is the third phase of the Woodlands. Tonight’s plat is a 14 lot development of a 30 tract preliminary plat approved by the Commission on February 20 1992. Property to the north and east is owned by Rhodes-Payne Inc. This plat is phase 3 of a larger development which may ultimately cover 350 plus acres. Phase 1 & 2 involved approximately 60 acres. Phase three is approximately 60 acres.

There are several steep ravines across this tract and due to this topographic feature, Winding Trail Dr. exceeds the 750 feet cul-de-sac length. Off -site sewage treatment is being provided for by the BCRSD. This plat has 61 points on the rating scale.

Ron Lueck was present representing Marshall-Bassinger Surveying. He advised the average lot size was 2 acres plus.

 

Commissioner Elmore made and Commissioner Falco seconded a motion to recommend approve of the Final Review Plat for The Woodlands 3A.

Voting was as follows:

Stan Elmore yes Joe Falco yes

Mike Sloan yes Keith Kirkpatrick yes

Jim Beasley yes Keith Schnarre yes

Motion to recommend approval of the final plat for The Woodlands 3A was approved unanimously.

 

#5 Eastland Hills, Plat IV, final plat. S10-T48-R12W R-S

Eastland Hills Development, LLC, owner. Ron Lueck, surveyor.

Gene Poveromo reported that this 13 lot subdivision is Plat IV of Eastland Hills. This plat is not in compliance with the approved preliminary plat. Lot 93A was approved as a street right-of-way on the preliminary plat. This plat does not dedicate that right-of-way. Staff recommends denial of this plat. This plat has 75 points on the rating scale.

Gene Bassinger addressed the Commission. Regarding Lot 93A he stated the reason for making it a lot instead of a right-of-way was that he did not want to build a street to no where. His surveyor is now advising him that the county would not have him build that street. Mr. Bassinger stated that if the county was willing to provide him with a letter stating that he was not required to build the street, he would have no problems with the right-of-way.

Commissioner Elmore said that was a reasonable position and the county would provide him with a letter if necessary. He stated he would draft a letter and the County Commission would sign prior to the plat being finalized.

Stan Shawver and Gene Poveromo advised that was the only condition for the denial. With those changes, staff recommends approval of the plat.

Commissioner Elmore made and Commissioner Beasley seconded a motion to recommend approval of Eastland Hill, Plat IV with lot 93A being shown as a street right-of-way, and the County will issue the property owner a letter stating that this sub-street does not have to be built.

Voting was as follows:

Stan Elmore yes Jim Beasley yes

Keith Schnarre yes Keith Kirkpatrick yes

Joe Falco yes Mike Sloan yes

Motion to recommend approval of Eastland Hills Plat IV with necessary letter, passed unanimously.

 

#6 Haystack Acres Addition, preliminary plat. S17/18-T49N-R12W

Gordon and Bonnie Burnam owners, Ron Lueck, surveyor.

Mr. Marshall withdraw Haystack Acres plat from consideration.

OLD BUSINESS

Report from Staff: Stan Shawver reported that the Conditional Use Permit for the Rigby for the Day-Care Center was approved by the Commission.

The Conditional Use Permit for the Animal Boarding and Training for the A-R zoning district was not appealed to the County Commission.

NEW BUSINESS

ADJOURN

Commissioner Elmore made and Commissioner Beasley seconded a motion to adjourn. Motion passed by acclamation.

Meeting was adjourned at 9:55 p.m.

Respectfully submitted,

 

 

 

Commissioner Keith Kirkpatrick

Secretary

On this _________ day of December, 1994