MINUTES

BOONE COUNTY PLANNING AND ZONING COMMISSION

7:30 P.M. - THURSDAY, MARCH 16 1995

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

Jon Gerardi

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 February 16, 1995 were reviewed.

Commissioner Kirkpatrick made and Commissioner Gerardi second a motion to approve the minutes of the February 16, 1995 meeting.

The motion was approved by acclamation.

PRESENTATION

Plaque was presented by Chairman Schnarre to past Commissioner Andrew Stanton for his service to Boone County Planning and Zoning Commission from 1982 until 1994. He was 18 years old when he began his service to the Commission. He was the youngest member to ever serve on the Commission.

CONDITIONAL USE PERMIT

No requests submitted

REZONING REQUESTS

Request by Larry R. and Mona L. Shuck to rezone from A-1 (Agriculture) to A-2 (Agriculture) of 17.65 acres, more or less, located at 15411 N Hwy 124.

Don Abell, gave a report that this property was located on the southwest corner of the intersection of State Highway 124 and Schooler Road. The site is located approximately 1 1/2 mile north of Hallsville. The property is zoned A-1. Land to the north, east and south is zoned A-1. Land to the west is zoned A-R. If this request is approved, the owner plans to subdivide the property into lots ranging from 2.5 acres to 4 acres. There have been no previous requests

submitted for the property. The comprehensive plan designates this area as being suitable for agriculture and rural residential land uses. Staff notified 10 property owners concerning this request.

Larry R. Shuck and Mona L. Shuck, owners approached the Commission. Mr. Schuck advised they bought the property to subdivide in mind. They had intended to have 4 lots but now want to make 3 lots from 3.5 acres to 4 acres. They are planning to speculate houses on the property with a 1,500 sq. ft. minimum and have a value of $125,000 and up.

Chairman Schnarre asked when the Shuck’s purchased the property. They advised October of 1994.

Chairman Kirkpatrick asked if the Shuck’s lived on the property. Mr. Shuck advised they did and that the property would be for sale with the intention of being the builder on the lots. Chairman Shnarre asked if their intention was to build 3 more (4 lots total). Mr. Shuck answered yes. Commissioner Beasley asked if Mr. Schuck was in the building business at the present. Mr. Shuck said yes he was.

Angela Hubble and Douglas Hubble addressed the Commission. The Hubble’s are owners to the west of the proposed property. Their concern was the water way through the main property at the present with the 17 acres and then the construction of lagoon’s. The lot that had been indicated on the divisions closest to the western boundary, controlled the waterway on the northern 2/3 of the property that splits @ 100 feet from the western boundary, has a curve in Schooler Road and a culvert that carries the run off. The Hubble’s were concerned that if a lagoon was constructed this drainage would not be adequate.

The Hubble’s did speak to the Shuck’s before the meeting. The Shuck’s addressed their concerns and were willing to have a total of 4 homes if it would help the runoff.

Mr. Shuck approached the Commission. He stated that until the Hubble’s brought to his attention he was not aware of the situation. Mr. Shuck stated that with this drainage he would reduced the lots to a total of four (4). Mr. Shuck said Mr. Bill Marshall was to be his surveyor and engineer. Mr. Shuck advised that he planned to place two homes on Schooler Road when platted out. This would move the rest of homes east and stay out of the waterway.

Commissioner Beasley asked Mr. Shuck to explain the configuration. Mr. Shuck advises that the plans where three home are shown off of Schooler, there will only be two (2). This will make the lots wider and place them more east and out of the water way. Mr. Shuck added that trailers would not be accepted on the property.

Commissioner Kirkpatrick noted that this was a straight zoning request and until a plat is in place that only shows four (4) lots, it could conceivably be a seven (7) lot subdivision. There is nothing to prevent that and the land could be sold before being platted. Who knows what the next buyer might do.

Chairman Schnarre stated that as it is zoned at present, their can only be one home on the land.

Commissioner Beasley stated the only point he did not like was the wastewater system, but there was no way around that.

Commissioner Beasley made and Commissioner Sloan seconded a motion to approve request by Larry R and Mona L. Shuck to rezone from A-1 (Agriculture to A-2 (Agriculture of 17.65 acres, more or less, located at 15411 N Hwy 124.

Voting was as follows:

Jim Beasley yes Mike Sloan yes

Stan Elmore yes Keith Schnarre yes

Jon Gerardi yes Joe Falco yes

Keith Kirkpatrick no

Motion passed with 6 yes and 1 no

County Commission will meet on Tuesday, March 28, for final approval.

PLAT REVIEWS

1. Hutchinson Subdivision, a minor plat. S11-T50N-R13W A-2

Thomas C. Hutchinson, owner. Don Borman, surveyor.

Planner Poveromo reported this two lot subdivision is part of a 12 acre tract located at the northwest corner of Highway 124 West and Hopper Rd, approximately 3/4 of a mile west of Highway 63 North and approximately 6 mile east of Harrisburg. Located in the A2 zoning district, the 2.9 acre tracts are currently vacant and future residential structures will have on site sewage systems. This plat has 40 points on the rating scale.

Motion made by Commissioner Kirkpatrick and seconded by Commissioner Falco to approve the minor plat for Hutchinson Subdivision.

Voting was follows:

Keith Kirkpatrick yes Jon Gerardi yes

Jim Beasley yes Keith Schnarre yes

Joe Falco yes Mike Sloan yes

Stan Elmore yes

Motion passed with 7 in favor.

2. Southern Elegance, a minor plat. S13 & S24-T47N-R13W A-2

Steven Nichols and Sandra Nichols, owners. Ron Shy, surveyor.

Planner Poveromo reported this 13.3 acre tract is being subdivide into four home sites. Tract #2 contains an existing house and tract #4 contains a double wide mobile home. The lagoon on tract #3 is currently being used by the double wide. Located on the west side of State Route N, this tract is approximately 1.5 miles south of Pierpont. This plat has 53 points on the rating scale.

Commissioner Schnarre asked if both homes were using the lagoon. Mr. Poveromo advised that lot No. 2 has a septic tank, mobile home is using the system on lot No. 3.

Ron Shy spoke of the wastewater. He stated that a document is being formulated to go with the final plat for a maintenance if needed in case the lot would be sold.

Motion made by Commissioner Elmore and seconded by Commissioner Sloan to approve minor plat for Southern Elegance.

Voting was as follows:

Stan Elmore yes Mike Sloan yes

Joe Falco yes Keith Kirkpatrick yes

Jon Gerardi yes Jim Beasley yes

Keith Schnarre yes

Motion passed with 7 in favor.

 

3. Lake Capri, Block IV, preliminary plat. S10-T49N-R12W A-2

Darrell K. Seltsam and Frances Seltsam, owners. Jim Brush, surveyor.

Planner Poveromo reported this tract is block IV of Lake Capri located north of the existing subdivision. Originally platted as a preliminary plat 7 years ago, this revision included a lot for a waste water treatment plant. This step system aerated lagoon system currently provides service to the six home sites surrounding the lake. The 10 home sites on this plat will also be served by this treatment plant. This tract has 54 points on the rating scale.

Jim Brush addressed the commission regarding the treatment area and not having a lot number that was a concern to Chairman Schnarre. Mr. Brush stated the Boone County Regional Sewer District would address that issue with a reversionary clause in it. Mr. Bush stated that was the way they took the land at present. If another lot was created, some day there would be a non-buildable lot the would belong to somebody.

Commissioner Elmore asked if it would be shown an easement was for sanitary sewer proposes? Mr. Brush stated the idea was for the property to revert back to lot 15, 51, and 52.

Chairman Schnarre asked what was on it now. Brush answered a ther was a lagoon with portions of it on both sides of the property line.

Chairman Schnarre asked when the sewer district abandons aproperty, what happens to the lagoon. Mr. Brush stated that when any licensed treatment facility in the State of Missouri is taken out of operation, it will be closed down according to the criteria that has been established for that particular type of facility. Another facility does have to be in place to replace the system. Usually the land is restored to a maintainable type of property.

Mr. Brush stated that if a lot need to be created, it would be done creating 51A or what ever was needed.

Mr. Brush stated what Darrell K. Seltsam, owner had worked with the neighbors to get the road upgraded. Mr. Seltsam had spent money to keep the continuity of the neighborhood. What they were asking tonight was to finish up the plat that had been started and agreed to at that point in time.

Chairman Schnarre agreed, but added the Commission was trying to look into the future (10 years from now) as much as possible on possible problems.

Motion made by Commissioner Kirkpatrick and second by Commissioner Falco for approval of preliminary plat of Lake Capri, Block IV provided a separate lot number be shown on the existing wastewater treatment on the final plat.

Voting was as follows:

Keith Kirkpatrick yes Joe Falco yes

Keith Schnarre yes Jim Beasley yes

Jon Gerardi yes Mike Sloan yes

Stan Elmore yes

Motion unanimously passed.

4. Eastland Hills Plat VII & VIII, final plats. S10-T48N-R12W R-S

Eastland Hills Development LLC, owner. 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.

Chairman Schnarre asked if this was the last of Eastland Hills. Mr. Gene Bassinger addressed the Commission. He stated that these were the last two (2) plats in the residential area. North of the area part is commercial and a strip of land is still agriculture. In the future, a possible request to have property rezoned commercial, if not approved maybe some kind of residential area.

Commissioner Elmore asked if the land had a strategy of being annexed. Mr. Bassinger advised the city had contacted him about being annexed. That is an unknown at this time.

Commissioner Falco made and Commissioner Beasley seconded a motion to approve final plats for Eastland Hills Plat VII and VII.

Voting was as follows:

Joe Falco yes Jim Beasley yes

Keith Kirkpatrick yes Stan Elmore yes

Keith Schnarre yes Jon Gerardi yes

Mike Sloan yes

Motion passed unanimously.

5. Wheeler’s Winds, final plat. S27-T50N-R12W A-2

Troy & Jodi Wheeler, owners. Ron Lueck, surveyor.

Planner Poveromo reported this 21 lot subdivision was approved last month as a preliminary. Located on the north side of Academy Rd, approximately 2 miles from Hallsville 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.

Chairman Schnarre asked about the easement to the wastewater.

Commissioner Beasley asked who would maintain the damn. Mr. Wheeler advised the home association would with a yearly fee to take care of the maintenance and take care of the beach area. Then it will be turned over to the association and they will decide on the maintenance.

Commissioner Elmore asked Gene Poveromo if the lake was considered a subdivision improvement, the same as roads. Mr. Poveromo answered no.

Mr. Wheeler advised the lake would be built first before any homes.

Commissioner Elmore made and Commissioner Falco second the motion to approve the final plat for Wheeler’s Winds.

Commissioner Beasley asked if the Home Owners Association would assure the maintenance of the damn. Mr. Poveromo stated no. He added that the Home Owners Association could draft a restricted convenant but the county does not have the authority to enforce the restrictions.

Mr. Wheeler stated he would construct the lake where it would be there for a long time. He stated since he is living there, he probably would maintain it for the first five (5) years and then let the association take it over.

Commissioner Beasley did not disagree with the plat. He was concerned that this lake and damn may end up like another serious problem he was concerned with and did not want it to happen again.

Voting was as follows:

Stan Elmore yes Joe Falco yes

Mike Sloan yes Keith Kirkpatrick yes

Jon Gerardi yes Jim Beasley yes

Keith Schnarre yes

Motion passed unanimously

OLD BUSINESS

1. Vacation of drainage easements located on lots #3 & #4 and #13 & #14 located in

South Woods Subdivisions Plat #2 as recorded in Plat Book 28, Page 47, Records of Boone County.

Planner Poveromo advised the plat was approved last year by the Planning Commission. There were two drainage easements at the end of the cull-de-saxes. This requst is to have the two drainage easements vacated that are shown on the map. There is natural drainage going down between Lots #13 and #14.

Mr. Dick Barb form Allstate addressed the Commission. He stated one person bought lots #13 and #14 and the owner wants to build a house in the middle which is on an easement, at present he can not do. Mr. Barb did not know of the reason for the request for lots #3 and #4.

Commissioner Elmore stated his staff had checked out the drainage of the requests and it was appropriate for the area.

Commissioner Beasley made and Commission Elmore seconded motion to vacate two drainage easements shown in South Woods Subdivision Plat #2 located on lots #3 and #4, lots #13 and #14, and top approve the rededication of drainage easements between lots #12 and 13, and lots #2 and 3.

 

Voting was as follows:

Jim Beasley yes Stan Elmore yes

Mike Sloan yes Joe Falco yes

Keith Kirkpatrick yes Jon Gerardi yes

Keith Schnarre yes

Motion passed unanimously.

 

NEW BUSINESS

Stan Shawver and Commissioner Elmore wanted to address the commission regarding a corridor change on a thoroughfare plan or continue this at the next work session. This would be the north extension of Providence Road. Previous discussion was to Shalamar Subdivision and last approval on discussion was Providence Road extension could veer to the west and around this undeveloped land. A study and surveys could be done and eventually acquire the land for right-of-way to the good of the county. The disadvantage to the property owner involved. This would be the first stage, Mr. Elmore would prepare a quarter study. The aerial photographs delineate the lines.

Further discussion could be done at work sessions. Eventually it would go through this Commission, Road and Bridge Advisory Commission, various CATS Committees, Columbia Air and Transportation Study Group, Technical Committee, Coordinating Committee and back to the City Planning and Zoning Commission, County Planning and Zoning Commission and to the County Commission for adoption.

Commission Gerardi stated it needs to be a road trip. Chairman Schnarre advised you could not get to the area. Some portions are built up.

Commissioner Elmore indicated the Highway Department would approve the interchange on Highway 63. What this process would do would help where that would be located. The mass through-o-fare plan showed just a straight line up before the land division lines.

Every one gathered around and pointed, even some members of the public.

ADJOURN

Adjourned at 8:26 p.m.

Respectfully submitted,

 

 

Keith Kirkpatrick, Secretary

On this 20th day of April, 1995.