BOONE COUNTY PLANNING AND ZONING COMMISSION
7:30 P.M. - THURSDAY, FEBRUARY 16, 1995
701 E. WALNUT, COLUMBIA, MO
PRESENT: Keith Schnarre, Chairman
Keith Kirkpatrick, Secretary
Stan Elmore - County Engineer
ABSENT: Jim Beasley, Vice Chairman
ALSO PRESENT: Stan Shawver, Director
Gene Poveromo, Staff
Don Abell, 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 December 15, 1994 were reviewed.
Commissioner Kirkpatrick and Commissioner Gerardi second a motion to approve the minutes of the December 1994 meeting.
The motion was approved by acclamation.
CONDITIONAL USE PERMIT
No requests submitted
1. Gary and Helen Fisher for Jack and Evelyn Eads to rezone from REC (Recreation) to A-1 (Agriculture) of 36 acres, more or less, located at 175 N Roby Farm Rd.
Staff member Abell reported that this site is located on Roby Farm Road approximately 1/4 mile south of the intersection of I-70 and Highway BB; and is located approximately 1.5 miles south of Rocheport. The 36 acre tract is zoned REC (RECREATION). Land to the south , west and north is zoned A-1. Land to the east across Roby Farm Road is zoned R-M. If approved, the buyer proposes splitting the tract into residential development sites. The applicant has requested that land be rezoned on two previous occasions. A 10 acre tract was rezoned to A-1 in 1984. In 1990 a 60 acre parcel was rezoned from REC to A-1. The comprehensive plan designates this area as being suitable for rural residential land use. Staff notified 15 property owners concerning this request.
Mr. Bill Marshall of Marshall Engineering addressed the commission on behalf of Mr. and Mrs. Jack Eads who was out of state and unable to attend. The area they are proposing to buy includes some zoned A-1, this Recreational area and A-2. Their intent is to have building lots larger than 10 acres to each lot. Mr. Marshall stated Mr. Fisher, owner of the land was present.
Chairman Schnarre asked if there was any recreational activity of any kind presently on the site. Mr. Marshall stated no.
Commissioner Kirkpatrick asked what the drainage was like? Mr. Marshall indicated that in the recreational area it was more gradual and less sloped than the A-1 area. The old Roby Farm behind the Bed and Breakfast has a gradual slope with an open field. That is part of the area that is zoned recreation. Because of the terrain there is a deep raven and the land can not be used for very much.
No one spoke in favor or opposition when opened to public comment.
Chairman Schnarre stated he felt it was a good use and should be A-1.
Commissioner Kirkpatrick agreed with Commissioner Schnarre.
Commissioner Gerardi made a motion and Commissioner Falco seconded to approve the rezoning request of Gary and Helen Fisher for Jack and Evelyn Eads to rezone from REC to A-1 of 36 acres, more or less.
Voting was as follows:
Jon Gerardi yes Joe Falco yes
Mike Sloan yes Stan Elmore yes
Keith Schnarre yes Keith Kirkpatrick yes
Motion passed with 6 in favor.
1. Eastland Hills Plat VI, final plat. S10-T48N-R12W. RS. Eastland Hills Development LLC, owners. Ron Lueck, surveyor.
Planner Poveromo reported that this is a continuation of Eastland Hills subdivision located just east of the Columbia city limits. The commission has approved the preliminary plat and five other sections of this development. Wastewater will be provided by connecting to a central wastewater treatment plant.
Mr. Poveromo advised that Mr. Bassinger was present if there were any questions.
No questions from the Commissioners.
Commissioner Falco made and Commissioner Elmore second the motion to approve the final plat for Eastland Hills Plat VI.
Voting was as follows:
Joe Falco yes Stan Elmore yes
Mike Sloan yes Keith Kirkpatrick yes
Jon Gerardi yes Keith Schnarre yes
Motion passes unanimously:
2. Paradise Hills Estates, Block 3, final. S33-T48N-R13W R-S. Russel DeVenney, owner. Tim Capehart, surveyor.
Mr. Poveromo advised the Commission had approved a 16 lot preliminary plat last December. This is the west 6 tracts of that preliminary. The entire development will be served by city sewers. Mr. Elmore may have some additional comments on Hunter Ct and Applewood Creek Rd.
Commissioner Elmore stated he had received certification by a registered engineer that the roads were built to county standards but he had not reviewed it by the meeting.
Commissioner Elmore moved to approve plat of Paradise Hills Estates, Block 3 with final street approval pending and not be signed until the county had a chance to inspect the road and verify it was up to county standards, Commissioner Gerardi seconded the motion.
Voting was as follows:
Stan Elmore yes Jon Gerardi yes
Keith Schnarre yes Keith Kirkpatrick yes
Joe Falco yes Mike Sloan yes
Motion passed unanimously
3. THE WOODLANDS, PLAT 3B, FINAL PLAT. LOCATED IN S28-T48N-R12W; ZONED A-R OWNED BY RHODES-PAYNE PROPERTIES; TIM CAPEHART, SURVEYOR.
Planner Poveromo reported this plat is a continuation of the third phase of the Woodlands. Tonightís plat is a 17 lot development of a 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 3B of a larger development which may ultimately cover 350 plus acres. Paraphrase 1 & 2 involved approximately 60 acres. Total area of phase three is approximately 60 acres. Off -site sewage treatment is being provided for by the BCRSD. This development will eventually be tied into the El Chaparral treatment plant. This plat has 61 points on the rating scale.
Commissioner Falco made and Commissioner Sloan seconded motion to approve final plat for the Woodlands, Plat 3B.
Voting was as follows:
Joe Falco yes Mike Sloan yes
Stan Elmore yes Keith Kirkpatrick yes
Jon Gerardi yes Keith Schnarre yes
Motion passed unanimously.
4. Wheelerís Winds, preliminary plat. S27-T50N-R12W A-@
Troy A. Wheeler, owner. Ron Lueck, surveyor.
Planner Poveromo reported this 21 lot subdivision is located on the north side of Academy Rd, approximately 2 miles from Hallsville. Located in the A2 district, tracts all tract are approximately 2.5 acres, except for lot #17. There is a proposed lake with common access provided by tract #1. This development will be served by a two cell aerated wastewater lagoon located on lot #2. Interior streets have been stubbed out to the west and east property lines. Additional right-of-way is dedicated along Academy Rd. A six inch water line will be extended from Route B. This tract has 41 points on the rating scale.
Ron Lueck, was present for questions. Mr. Lueck advised the proposed lagoon size was for the design. It will be changed to accommodate usage. Commissioner Kirkpatrick asked if this is out of the way of the new highway extension? Ron Luke said yes, just east of it
Commissioner Gerardi had a question regarding the point system. If this place had 20 points, would they approve it. It has 41, Burnam has 60, you might get another one with 100 points. He wanted to know what the points would accomplish, other than reference some kind of desirability. Example, if the applicant may have 40 points but there is an area where he could improve, then the points could increase.
Chairman Schnarre advised that the point system did have some age on it. Commissioner Kirkpatrick advised the point system had been in place forever.
Director Shawver addressed the Commission and advised it was previously discussed that there should be criteria for turning down or approving a plat. The Commission at that time felt that 50 points or more should be approved. The range from 35 points to 50 points was discretionary, there is a possibility that areas could be improved to increase that number as Commissioner Gerardi had stated. Director Shawver stated below 35 points they felt it should be denied. However, no change to the rating system was made to reflect that. The point rating system has only been advisory.
He continued that staff tries to keep the Commissioners abreast of point values for subdivisions and potential development sites in relation to rezoning requests. The proposed subdivision regulations had a section that would require at least 50 points for approval. The County Commission reviewed that requirement and removed it pending further study. They will direct that there will be further discussion on the point rating system. Planner Poveromo is presently making an extensive review of the point rating system in relationship to every section of the county.
Motion made by Commissioner Elmore and seconded by Commissioner Sloan to approve the preliminary plat for Wheelerís Winds.
Voting was as follows:
Stan Elmore yes Mike Sloan yes
Keith Schnarre yes Jon Gerardi no
Keith Kirkpatrick yes Joe Falco yes
Motion passed with 5 yes and 1 no.
Haystack Acres Additions, planned development review plan, preliminary plat. S17,18-T49N-R12W. Gordon and Bonnie Burnam, owners. Ron Lueck, surveyor.
Staff member Don Abell reported this site is located approximately one mile north of Columbia. The 83 acres are zoned A-R (Agriculture Residential) and were included in a rezoning request submitted in November 1994. That request was to rezone the tract to R-S/PRD. The Planning & Zoning Commission approved the request but did not approve the review plan that was submitted at the time. The applicant has redesigned the review plan and preliminary plat and has submitted it for consideration. This site has 60 points on the point rating scale. Staff notified 47 property owners concerning this request.
Attorney Mark Stephens, with Craig Van Matre Law Firm was there to represent Gordon and Bonnie Burnam, owners.
Bill Marshall addressed the Commission. He advised since Novemberís Planning & Zoning meeting where Plan #1 was presented changes and modifications were made represented by review Plan #2 and Plan #3. The new plan has fewer cul-de-sacs, more scenic, Mr. Marshall stated Mr. Elmore had mentioned he wanted to see a 4-way stop. Mr. Marshall said the 4-way stop was moved over to Clover Court. Now there are 3 access points cut down from 5. Two on Alfalfa Drive and one on Oakland Gravel Rd. Sewage treatment is still in the northwest corner and would flow to the northwest and not down to the south. There are still 240 lots, one being a lot for sewage treatment. The lots on Alfalfa have been made larger than lots to the north.
Mr. Marshall stated their recommendation was for Plan #3, he had discussed this with Mr. Burnam, he also liked Plan #3. All the appropriate easements will be on it as needed.
No one spoke in favor of the request.
Mr. David Rogers, attorney addressed the Commission. He stated that Mr. Burnam, Mr. Marshall and Mr. Stephens had a hearing problem. Last August they had asked for a R-S zoning for the purpose of establishing a 240 lot subdivision. This request was defeated 6 to 1 primarily because it would be too dense. The application was altered by writing the word "planned" hand written on a photo copy of the previous application and resubmitted for November.
There were two major concerns raised at that meeting; one was the road situation and the pressure of all the cul-de-sacs on Alfalfa Drive, the other was the density. The plan was turned down unanimously and the zoning had failed on a 3 to 3 vote. The last thing he heard when he left the room was that at least one or two of the commissioners saying they would like to see a plan that had 150 or 160 lots. This is a density that is wholly inappropriate for this area. It is virtually surrounded by zoning with A-R which would require a minimum of 1/2 acre lot. This tract would yield 110 to 120 lots under that zoning . The A-2 zoning to the north would require a 2 1/2 acre lot.
It is totally inappropriate to put this type of zoning in the middle of an established area. An area that is substantially built up that requires a larger lot. If in fact the Burnumís had done what Planned Zoning anticipates, that is show a little bit of flexibility and a little bit of interest in developing an interesting subdivision, smaller lots in the extreme east end and had some extensive common areas developed between the two. It is obvious that they are not asking for this zoning for flexibility, or for imagination, or to develop an interesting subdivision. They are hoping to use the planned aspect of this as basically as a subterfuge to cram as many lots as they possibly can into this area. Impose a subdivision that is inappropriate for the area that it is to be developed.
Mr. Rogers stated his clients would not necessarily oppose the smaller lots if there were 120 or 130 of them because of the density of the number of families that will be proposed. If this was done, it might have a very interesting subdivision. It might have some substantial common areas. These plans are much too dense, not good for the county, the surrounding area is certainly violently opposed to it, it contrary to the general plan. Mr. Rogers stated there were several residents present who were opposed to the plan and asked them to stand. Approximately 30 people stood.
Mr. Harold Stearly, 2070 East Northwood Drive addressed the Commission. He stated his property immediately adjoined Mr. Burnamís property. He stated Mr. Rogers hit on the issue which concerned them all regarding the density of the proposed subdivision.
Mr. Stearly stated he thought the Commission was aware over the last three meetings that the immediate neighbors were opposed to any development. However, they knew that it would eventually be developed and would like to see it developed in a responsible matter.
In looking at the plan as laid out, the property values as proposed by Mr. Burnum ranged from $70,000. Structures will be prefabricated modular housing of approximately 1300 sq. ft. which is totally inconsistent with the structures in the area. This plan will definitely lower the property values. In fact, looking at the plan, if someone had not told Mr. Stearly they were houses, he would have said it looked like a trailer park. The property owners all are fearful that we will experience a great increase in liability. They will need to increase liability insurance. The owners will need to install more fences and will need to post the land. According to his attorney, there is a legal concept called the "attractive nuisance" which even means you have a tree in your yard, no matter how many signs you have in your yard a child climbs up and falls out the owner is liable. He stated they have a legitimate fear that they will be subject to this. Again the density plays back on this. If more people are crowded into the area, the temptation to wander off onto wooded lands, fall into lakes or lagoons is going to increase.
Some comments were made at the last meeting about the added benefits of fire protection. Mr. Stearly contacted the Boone County Fire Protection District and they were extremely upset that comment was ever made. BCFPD dispatched a tanker truck to his home after the conversation just to prove to him that they knew where I lived and that they already had full capabilities of handling any fires at this time. It would not be the development that would insure fire protection.
He stated their were a great number of residents who had water sheds, ponds and lakes on their properties. The terrain is such that when he consulted with the Soil Conservation Service they assured him he would have significant problems with sedimentation and run off as soon as ground was broken. Especially with the type of density that is proposed for the area. Soil Conservationís recommendation was that a silt fence be constructed all along the adjacent property to protect the neighborís property from this run off. The run off could choke up water sheds, can fill in ponds and cause substantial damage.
Regarding the lagoon that is proposed, or treatment facility, Mr. Stearly said he had contacted the Boone County Health Dept. and the Mo. State Dept. of Natural Resources. The Boone County Health Dept. has very, very strict guide lines on the placement of lagoons. When he placed his lagoon, the inspector came on a number of occasions, he had to meet certain property boundary specifications, clear trees, place fences with signs, and make sure he could mow the property for adequate sun exposure. Both of these departments told him that by placing the pre-designed treatment units was that they successfully avoid any of the county regulations and it then falls under the State Dept. of Natural Resources.
Mr. Stearly asked the MO Dept. of Natural Resources about these treatment units and they advised him it was no more than a glorified lagoon. There were essentially no regulations other than to place it in the newspaper on the location and allow the neighborhood 3 weeks to protest whether or not they liked it. He was also advised the soils north of I-70 is essentially MO clay which means any run off from any lagoon or treatment facility remains on the surface of the land to be distributed in whatever water sheds, creeks, streams, or ponds that are there. The water may have been essentially purified in respects to harmful bacteria, but proposes the risk of nutrient run off. Nutrient run off is one of the worse forms of run off as it gets into lakes, ponds and streams and causes massive growth of plants and algae, depletes the oxygen supply and kills off the existing wildlife. He said he had a concern where this is going to go and again if 160 vs. 240 homes would minimize the risk of some of the run off problems. Despite any of the internal road designs on the variations of plan, he still had a problem with the roads. All roads dump into Alfalfa Drive. Alfalfa Drive only has two outlets which do not have good visible outlets. He said visibility is poor at those intersections for the traffic to spill out into Oakland Gravel Rd.
None of the existing roads have shoulders, they are narrow roads. He drives the road every day and for the increase in traffic of another 2 vehicles at least per household for 240 homes the road will not be able to handle the 500 plus vehicles. In considering the need, he understood that Columbia needs more low cost housing, but he could not understand why it all had to be in the 83 acre tract. Within 3 miles of this location there is a piece of property that is owned by Josephine Ruther, 221 acres which she has offered for annexation to the City of Columbia. Potential there for 1,000 homes. Jeff Smith has a 170 acre tract within 4 miles of this location which he is proposing to develop for single and multi-dwelling homes. Why there is a need to cram all these homes into one small tract? There is plenty of land for development to provide Columbiaís low cost housing.
Mr. Stearly stated that the lifestyle in this area is rural. Mr. Burnamís plans remain totally inconsistent with the surrounding neighborhoods. Larger lot sizes, and a smaller number of homes, would help to maintain present real estate values and preserve a quality lifestyle.
Mr. Gary Winter addressed the Commission. He has 30 acres adjoining the proposed property. He stated Mr. Burnam bought this property 20 years ago and other owners purchased their property over 20 years ago, Mr. Burnam should understand how they feel.
Mr. Marshall addressed some of the questions. The density of this 240 lots is not what it could be with the type of zoning. Mr. Burnam told him only to develop 240 lots maximum.
Gregory Heights to the south of there, the lots are as small if not smaller. The mechanical treatment plant is not a glorified lagoon. It is a treatment system similar to what the City of Columbia has and produces a high quality of affluent. The Dept. of Natural Resources does have review process. It then goes through the county sewer review board then is sent to Dept. of Natural Resources. Both places get a full review of the facility to make sure it meets all the requirements. And to ensure it will operate properly and meets the effluent requirements as set by the state law and the EPA.
Commissioner Sloan asked if in the August meeting the lack of water flow in the area was addressed regarding the water line, he wanted to have an up date. Mr. Marshall stated that Water District #4 at Hallsville is planning to install a 12" line down Rte B and to extend the line into this area. The exact size, he was not sure. That will depend on the hydraulic analysis. Mr. Burnam plans on putting adequate lines in to provide 250 gallons per minute which will provide additional fire protection. A tanker truck will give "X" many gallons. If a 6 or 8 inch line were installed, 500 to 600 gallons a minute would be better than a tanker truck would be able to do as far as fire protection. This should lower the fire ratings in the area. Fire hydrants would be within a few hundred feet of their homes and with the fire protection district providing the fire equipment it will improve the fire rating to maybe a 5 or 6. It will improve the ability of the Fire Department to put out a fire quickly should one happen.
Commissioner Gerardi asked if Mr. Marshall had worked with this developer in other subdivisions before. Mr. Marshall said no. Commissioner Gerardi asked if he knew of any successfully developed subdivision by the developer. Mr. Marshall stated County Downs, Bon Gor Lake Estates and Haystack Acres.
Commissioner Falco stated that the developer had completed 3 new houses on Wade School Road in County Downs. One in the past 6 months, two in the past year all homes were in the $90,000 range.
Commissioner Kirkpatrick advised that he did not favor either plan, but if any plans were kept, he favored Plan #3. Chairman Schnarre agreed and also favored Plan #3.
Chairman Schnarre stated that it did have another exit onto Oakland Gravel Road . So it does have another exit besides Alfalfa Drive. Commissioner Kirkpatrick stated there were several more lots with direct access on Alfalfa Drive on Plan #3 than Plan #2. Possible 23 on Plan #2 and 28 on Plan #3. That is a lot of lots with direct access on Alfalfa Drive.
Commissioner Falco asked if Alfalfa was scheduled to be paved. Commissioner Elmore advised Alfalfa was to be paved in the future, factor was to gain right-of-way.
Commissioner Falco advised he also liked Plan #3 more than Plan #2. Commissioner Falco stated he had seen some of the homes the developer had built over the past couple of years and it was 200% improvement over Bon Gor which was brought up. This is a big improvement over what we saw over the first plan.
Chairman Schnarre said there still was a question of the number of lots. Commissioner Kirkpatrick stated the plans had changed a lot. Number 3 was the best one of the three so far. Still some where in the neighborhood of 25 to 29 lots with access on Alfalfa, and that is a lot of lots. Mr. Burnam has made it very clear that from the beginning he would like to have 240 lots.
Commissioner Kirkpatrick stated it was still out of character with the surroundings, the plan still has too many lots. The owner had not changed his position at all and Commission Kirkpatrick had not changed his opinion either.
Commissioner Gerardi concurred with the density concerns, he stated that putting 240 houses there is almost incredible.
Chairman Schnarre stated that in November he had changed his vote to allow it to be a Planned Residential Development, but he indicated 240 were too many lots. If it was zoned A-R with 83 acres they could not get 160 lots. The application started out R-S, which was denied in August, then R-S/PRD.
Commissioner Sloan read part of the Zoning Regulations: (Page 24, Sec. 6. A, 1)
"Purpose. The purposes of Planned Developments are to encourage unified developments, to minimize adverse impacts or adjacent lands and to allow greater flexibility in the design of buildings and building complexes than would otherwise be possible through the strict application of district regulations."
Commissioner Sloan said he could not see how this planned development has minimized the impact on the adjacent land with this number of lots.
Commissioner Kirkpatrick made a motion for denial of Haystack Acres Addition, planned development review plan, and Commissioner Gerardi seconded.
Chairman Schnarre asked staff for clarification of which plan was necessary for denial. Director Shawver advised two plans had been submitted, two motions would be needed or one motion stating Plan #2 and Plan #3.
Commissioner Kirkpatrick amended motion to deny of both plans, Plan #2 and Plan #3, of Haystack Acres Addition, planned development review plan, Commissioner Gerardi seconded.
Voting was as follows:
Keith Kirkpatrick yes Jon Gerardi Yes
Keith Schnarre yes Mike Sloan yes
Joe Falco no Stan Elmore Declined to vote for reasons already in record - Abstained
Motion to deny Plan #2 and Plan #3 of Haystack Acres Addition passed with 4 yes, 1 abstention, 1 no
Chairman Schnarre advised if they want to appeal the decision, they had 3 working days to submit.
Director Shawver reported that the County Commission had upheld the recommendations of the Planning and Zoning Commission last month.
Meeting adjourned by acclimation at 8:48 p.m.