MINUTES

BOONE COUNTY PLANNING AND ZONING COMMISSION

7:30 P.M. - THURSDAY, APRIL 20, 1995

BOONE COUNTY GOVERNMENT CENTER

801 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 March 16, 1995 were reviewed.

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

The motion was approved by acclamation.

 

REZONING REQUESTS

Request by Godas Development, Inc. to rezone from R-M (moderate density residential) to C-GP (planned commercial) of 4.16 acres, more or less, located at 5641 E. Clark Ln.

Don Abell gave the staff report for this request. This site is located just east of the Columbia City Limits at the intersection of Clark Lane, St. Charles Rd and Lakewood Dr. The site is zoned R-M, moderate density residential. Property to the north and west is zoned R-M, to the south is zoned C-G, general commercial. Property to the east is zoned C-N, neighborhood commercial. The site is now vacant.

In 1973 this site was originally zoned C-N. In July 1974, a .152 acre parcel was rezoned to R-M. In December 1976 an additional 4.29 acre parcel was rezoned to R-M. Both requests indicated the zoning change was to utilize the land in conjunction with the developing Lakewood Estates Condominium Development.

131 property owners where notified concerning this request.

Chairman Schnarre advised that the rezoning request and item #1 under new business (Lakeview Mall planned commercial development) would be heard as one request.

Tom Schneider, attorney for the owner approached the Commission. He stated the principal owner is Georgeís Pizza & Steak House. The intent is to develop Lakeview Mall strip commercial development. The review plan shows a basic 60í x 400í structure. Front (south) side will be devoted to the neighborhood commercial uses; restaurant, pharmacy and businesses of that nature. The back side (lake side) to be used for office uses. Front exterior will be primarily if not entirely brick. In the back it would be a split level structure with one self contained building.

The property is currently R-M, it abuts multi-family zoning to the north and west. It abuts a convenient store to the east, to the south is open, unrestricted C-G zoning which is not developed at this time. The property adjacent to the west side is a home occupation of a taxidermy.

Mr. Schneider believed that a commercial usage would be appropriate at this location. For a safety reason it would be good as a mall as opposed to duplexes, because Clark Lane is designated as an arterial street. It will carry a great deal of traffic in the future. In fact we would dedicate additional right-of-way for that purpose. He stated the development would be a quality upscale development. The market place would require that because Godas does not have a lot to offer at this location. At the east edge of town the owner would like to attract American Family Insurance, real-estate agent or dentist to the offices on the lake side.

Recently a meeting with the neighborhood association had addressed their concerns with several members of the association present.

Mr. Schneider stated some concerns were how surface water run off, lighting, and landscaping will be addressed. At this stage Mr. Schneider stated they were concerned about the rezoning approval, the other concerns would be addressed at a later time. He stated that at this stage incurring the expense for detailed landscaping, water runoff had not been done. The owner will do those things, but it does not make sense to do them at this time.

This Commission and the County Commission in the past requested a submittal in connection with the final development plan. We are also willing to do that. That is not a problem. Again it is obvious that Mr. Godas will landscape the property and maintain the lake. That is his sales pitch for this location. There were a number of detailed inquiries made to both accesses on Clark Lane instead of having an access on Lake View. Our engineer discussed with Commissioner Elmore this afternoon, regarding accesses, we do not care if there are two access on Clark Lane. If we give up the access on Lakeview, that is not a big issue.

Mr. Schneider stated he responded to a member of the association with a FAX, point by point regarding the concerns. Mr. Schneider passed a copy of that letter to the Commissioners.

Mr. Schneider referred to the type of offices to be in the development. He stated a letter was submitted to the Planning and Building Inspection Department. The response was dated April 13, indicating usage allowed in C-G are acceptable, except types like mortuaries, agriculture activity, car lots, etc.

He did not feel the specific usage of business allowed in the area would conflict with the neighbors. Mr. Schneider stated that Mr. Godas does want this to be a neighborhood retail center.

Mr. Schneider stated another concern of the neighbors was unrelated to the issue at this time. He stated Mr. Godas did have another development which is under construction in the general vicinity and some of the association feel that the lumber yard trucks and traffic has been attributing to the deterioration of the streets and roads in the subdivision. That has nothing to the with the application.

Mr. Schneider stated he would be happy to answer any questions the Commission would have.

Mrs. Glenna Kilfoil addressed the Commissioners. Her office is at 1010 N. College, Columbia, MO. She was speaking on behalf of the Board of Directors for Lakewood Estate Homes Assoc. The board represents 86 home owners. She asked for the members present to raise their hands. Speeches were being limited but the members wanted to be noted for their attendance.

Mrs. Kilfoil is the manager for the association and owner of a townhouse at Lakewood. Meeting with Mr. Godas last week issues were discussed as Mr. Schneider stated. She stated the members are concerned about their homes and any negative effect to the neighborhood. Some concerns their board would like addressed would be to down zone the Godas request to Planned Neighborhood Commercial. Certain uses in that zoning should be eliminated, such as private club, vet. office. The one way drive entering Lakewood, we would prefer that it not be there, but if it does that the owner of the mall would maintain the road into Lakewood. At present it is privately maintained.

Exterior lighting is another concern and how it will effect the neighborhood. Board would request that a water run off study be done as to the effect to the adjoining properties and lake. That the Conservation Department be consulted as to any negative effect on the lake from the construction or current change in the land use. These studies need to be made a condition of rezoning.

The location of the dumpsters and the A/C units is also a concern. The association would desire a landscape plan that would soften and buffer the commercial area from the residential areas. The association would like to review and approve landscape plans and make that a condition of rezoning. The neighborhood has existed 20 years as a quiet residential area. The residents and owners desire the neighborhood remain as nearly the same as possible. A great deal concern about additional traffic, noise, odors, and eventual deterioration and devaluation of the land.

The board generally supports rezoning to planned neighborhood commercial with the aforementioned restrictions.

Don Keen, President of Lakeview Villa Association which has a 24 unit association directly attached to Lakewood Estates spoke next.

Their concerns are the same as Lake Wood Association. The Lakeview Villa Association was in full support as that was said by Mrs. Kilfoil of Lakewood Estate Homes Assoc.

One point to add was that Mr. Godas does now own the lake. The lake has been a part of the neighborhood for 20 years and had been maintained and upgraded by the neighborhood by both of the associations.

Chairman Schnarre thanked the associations for having only two members speaking.

Tom Schneider addressed the Commission again. He stated that planned neighborhood commercial excluding mortuary and private club uses would be acceptable. Requiring a landscape plan in connection with the drive would be acceptable. He stated that down grading of the application to neighborhood planned commercial would be acceptable.

With respect to the landscape plan, Mr. Schneider stated the owner would be willing submit that as a condition with one slight disagreement with the association president. He stated as a condition Ms. Kilfoil wanted to have the association to approve the plan. Certainly the commission should not delegate approval to any private citizens. Other than that slight altercation, we are in agreement.

Chairman Schnarre asked staff if changing to planned neighborhood commercial at this point in time would be possible.

Director Shawver stated that zoning regulations do not include a designation for planned neighborhood commercial, only a planned commercial district. The commission could restrict the uses as they saw fit under that designation. If they want to restrict it to those uses considered acceptable under neighborhood commercial or office commercial, they can.

Chairman Schnarre made another clarification at this time. The rezoning needs to be approved first, on a rezoning the commission can not list conditions. When we look at the review plan, conditions can be made.

Commissioner Gerardi asked Commissioner Elmore to enlighten as to the location of the ingress and egress along Lakeview Drive.

Commissioner Elmore stated the neighborhood is concerned about the entrance on Lakeview Drive, one of two driveways on this project. The main drive is in the center on the top of the hill on Clark Lane. We would not want that driveway anywhere else because it does have good sight distance from both directions. We do not want another driveway between that driveway and the intersection of Clark Lane and Lakewood. It would interfere with traffic at the intersection. We believe in our department that the driveway on Lakewood is the safest way to develop this tract. Most of the traffic entering into the center will use Clark Lane with this secondary approach remaining on Lakewood, because all that traffic would channel through where it could best handle it.

The status of the pavement on Lakewood drive was not a consideration. I would not recommend the delaying of this driveway or relocate it between the existing drive shown on the plan and the intersection. We have not investigated an additional 3rd driveway at the west end of the tract. The Public Works Department recommends leaving the driveways and the access the way they are shown on the plan.

Chairman Schnarre asked who owns Lakewood Drive? Mrs. Kilfoil spoke up and stated it was the association. She continued that the area was considered common ground.

Commissioner Elmore stated that he felt that the ownership of the right-of-way of Lakeview Drive probably is in question, but if Mr. Godas has title (ownership) of the right-of-way at Lakeview Drive, that it be dedicated as public right-of-way.

Motion made by Commissioner Kirkpatrick and seconded by Commissioner Gerardi to approve the request by Godas Development, Inc. to rezone from R-M (Moderate Density Residential) to C-GP (Planned Commercial) of 4.16 acres, more or less, located at 5641 E. Clark.

Voting was as follows:

Keith Kirkpatrick Yes Jon Gerardi Yes

Keith Schnarre Yes Jim Beasley Yes

Joe Falco Yes Mike Sloan Yes

Stan Elmore Yes

Unanimously approved 7 - Yes

REVIEW PLAN

Approval of Lakeview Mall, Planned Commercial Development, review plan. Located at S3-T48N-R12W. Godas Development Inc.

Commissioner Kirkpatrick had a question for staff. He stated the review plan shows 62 parking spaces on the south side and additional 50 on the north side of the building. He asked whether a fire lane would be required.

Director Shawver stated that the building code generally requires at least 18í wide for fire lane be provided around a structure, depending on the size and use. It is difficult to state the requirements at this time without doing a complete plan review based on the building construction type and occupancy. However, any parking arrangements would have to be designed to provide for fire lanes, handicapped parking and so forth.

Commissioner Jon Gerardi made and Commissioner Falco second motion to approve Review Plan with the following conditions:

1. Uses on the site are limited to the permitted uses included in the neighborhood commercial (C-N) classification; excluding all conditional uses and the following permitted uses: veterinary offices, mortuaries, agricultural activities, and private clubs.

2. Applicant will submit a landscape plan showing exact location, species, caliber and size of all plant material.

3. Final Development Plan shall include a lighting plan showing type of fixture, location of fixture, direction of fixture; lighting shall be directed inward on the property.

4. The Final Development Plan shall show all signage, type and location.

5. The Final Development Plan shall include an erosion control plan.

6. The applicant shall research ownership of Lakewood Drive prior to the submission of a Final Development Plan; and shall provide dedicated right-of-way to the County should research show that he has any ownership of the roadway, dedication to extend to the north edge of the property.

7. The 60í x 60í freestanding structure shown on preliminary plan at the east end be deleted from the Final Development Plan.

8. Elevation views of the building be submitted with the Final Development Plan.

Voting was as follows:

Jon Gerardi Yes Joe Falco Yes

Mike Sloan Yes Stan Elmore Yes

Keith Kirkpatrick Yes Jim Beasley Yes

Keith Schnarre Yes

Review plan passed unanimously with conditions as listed in motion. 7 - yes

This will go before the County Commission on Tuesday, May 2nd at 7:00 p.m.

PLAT REVIEW

1. Brennenís Ridge, preliminary plat. Located in S2-T48N-R13W Zoned R-S

Rost-Wolz, owners, Rhodes-Payne Properties Inc, developers. Ron Lueck, surveyor.

Gene Poveromo reported that this 325 lot subdivision is located due south of Trails West subdivision, east of Rollingwood Subdivision and north of I-70. With the implementation of zoning in 1973, this 95 acre tract was zoned for residential development with a minimum lot size of 7,000 square feet. The property is currently being used by the owner as a nursery for landscaping stock. The owner also possesses lot 61 and 62 of Trails West Subdivision which is used to access the nursery.

Water District #1 indicated that water lines in the area will have to be upgraded in order to provide appropriate residential service and fire flows. The developer and the district will discuss their installation and payment responsibility.

Sewage treatment will be provided by the Boone County Regional Sewer District. Improvements to the existing Trails West wastewater treatment facility will be required in order to provide this service. These improvements will be paid for by the developer. Any and all such improvements will be approved by the Boone County Regional Sewer District and the Department of Natural Resources (DNR). Eventually this development and those in the surrounding area could be tied into City of Columbia waste water treatment plant.

The staff received a letter from Mr. Bob Alderson who is head of the Sewer District. He indicates that Mr. Payne has not executed an agreement that had been reached regarding service for an area known as Brennenís Woods to the west of this property.

Mr. Poveromo explained to the Commission that the submission for review tonight is a preliminary plat. The question raised by Mr. Alderson is something that will have to be considered at the time the final plat is submitted. His letter will be placed in the file and reviewed when the final plat is submitted.

Before any final plat is approved the sewer will have to be approved by the Sewer District and the (DNR). With the final plat a performance bond will be required before the plat can go to the County Commission. Interior streets will have curb and gutters and will be maintained by the Public Works Department.

The plat has also been reviewed by the Soil Conservation District and the developer is discussing storm water management with the district.

Currently, this development has one public street providing access. This access is Shady Oak Ln. Situated along the south property line, this drive is the old Columbia to Rocheport trail. Beginning at the south end of Boothe Ln, (approximately one mile south of Hwy. 40) this 4,000 foot long unimproved drive is not maintained by the Public Works Department. The east end of this drive (approximately 1,400 feet) is adjacent to this development. Under the current subdivision regulations, the developer may be required to improve some (approximately 600 feet) or all of this of drive. The nineteen lots along Shady Oak Ln. also front McQuitty Ln. The Commission may wish to restrict their access to McQuitty Ln.

A second proposed access point is at the west property line between lot 18 and 102. The developer owns the adjacent property to the west (approximately 100 acres) which is surveyed into five acre tracts (Brennenís Woods). A proposed easement (approximately 500 feet) into Brennenís Woods will provide access onto Booth Ln. Two existing roads within Brennenís Woods are currently being reviewed by the Public Works Department for acceptance into a maintenance program. Staff would suggest that the proposed easement be constructed and maintained as a public road.

Another potential access point is along the north property line between lot 1 and 300 where a street is stubbed. The developer would like to dedicate lot 61 and 62 in Trails West Plat #6 for street right-of-way. This dedication constitutes a replat of those lots. Under the subdivision regulations, replatting requires the consent of property owners in Trails West Plat #6.

Another alternative for these lots is the creation of a fire lane. The Boone County Fire District has expressed concern with limited access into this development. They recommend a fire lane which could be gated or chained with a lock in place to prevent residential use, but available for emergency equipment should Boothe Ln be blocked.

As requested by staff an access point is reflected along the east property line. A street is stubbed out in line with the existing Rollingwood West Dr. The streets are separated by 200 feet of private property. The developer is not required to provide for this connection between the two streets. Such a connection will be the responsibility of the County sometime in the future. Similar street extensions have been provided for with other subdivision, such as Arrowhead Lake Estates.

This plat conforms with the subdivision regulations and zoning regulations and staff recommends approval. This plat has 69 points on the rating scale.

Commissioner Sloan asked if the Fire Department addressed the fire lane. Mr Poveromo stated that the subdivision requirements do not address fire lanes or access points. The developer and Fire Dept. would get together to work out any problem or conflict.

Engineer Bill Marshall addressed the Commission. One of the questions staff brought up regarded the sewer district. The plans were submitted to the Sewer District for both the collection system and the upgrade to the sewer system. Mr. Marshall stated that Mr. Payne paid for the designing of the system upgrade. The existing lagoon is too shallow. It was to be a minimum of 3í deep. One point it is only 1.9í deep and another point it is 2.7í deep. With the floating aerators they need more than a 3í depth. We plan to upgrade and add for the expansion to deepen it to 5í deep. These plans were submitted and approved by the Sewer District. The plans have been sent to DNR and Mr. Marshall received a call from DNR that the application was received and check for sewer lines but no check or application was received for the upgrade to the county sewer districtís lagoon, which was the sewer districtís responsibility to submit. Mr. Marshall requested DNR to call the Sewer District and tell them it had not been submitted.

Mr. Marshall stated that he thought it had been straightened out by the Sewer District. The application has since been submitted by the County Sewer District. It is not up to Mr. Payne to submit that application. Mr. Payne paid for the engineering required, and will pay for part of the construction upgrade which was referred to as an agreement, but that has not been signed yet.

Chairman Schnarre asked how big of a design for the upgrade of Trails West. Mr. Marshall advised a plan had been around to eliminate Trails West lagoon system by an interceptor that has been referred to as putting it into the city treatment chain. That particular line has been laid out in a study completed for the Sewer District.

Chairman Schnarre asked if the system would allow for 115 of the lots and where was the dividing line? The line where the city system was. Mr. Marshall said another 100 to 150 houses could be added without much difficulty right now. The way it had been laid out was to leave the existing 5 aerators in there which are very small one horsepower units. The volume of the lagoon would stand for more aerators. I hope the county will be able to get its money for an interceptor before more aerators have to be added. A lot of things could be done with a single cell lagoon, the sewer district has already done a lot by just adding aerators.

David Rogers, attorney addressed the Commission on behalf of the applicant. He stated that staff indicated that it does meet requirements. He stated the owner would provide the emergency entrance as the Fire District has requested and the county would be responsible for maintaining. Other than that for the preliminary plat should be able to go forward.

B. J. Powers approached the commission. He lives at 7900 Rollingwood West Drive just east of the proposed area and represents 100 or more families. Two meeting have taken place and Mr. Payne was invited but declined. The Homeownerís Association had some objections to the proposed plat.

** density of 325 homes on 95 acres as much too dense;

** extreme taxing present infrastructure and possible future infrastructure, sewers, waste water, schools, roads;

** emergency vehicle access and safety factors in traffic;

** cost of upgrading existing roads and circumventing adjacent owners by asking the Commission to supply a right-of-way by condemnations;

** some of the proposed building sites are in water drainage ravines and

** no thought to existing covenants in 3 different neighboring areas.

Mr Powers presented pictures from the edge of a proposed bridge site, a picture of the creek and result of the water run off on his property. The rain Sunday night fell and the run off had 6í of water in a 4í culvert in his back yard. If a bridge is built in the proposed area it will be a problem.

Mr. Powers introduced Mr. John Myers, resident at 8340 W Shady Oaks Ln.

Mr. Myers addressed the Commission. He has been a resident of Boone County almost 20 years. He owns the land completely surrounding the Trails West sewage lagoon. The news media is reporting that the plat meets all lawful requirements. Mr. Myers wanted to attest to that, he stated it did not.

Mr. Myers was concerned that an easement would have to be negotiated across his property to reach the lagoon. Mr. Alderson contacted him only once about 6 months ago and advised Mr. Marshall would be contacting him. Mr. Marshall had not contacted him yet.

Mr. Myers stated that the Rhodes/Payne plan for an upgraded Trails West sewage lagoon which has not yet been built will serve a maximum of 88 houses according to his figures. Mr. Myers stated no permit/applications to DNR in Jefferson City have been reviewed and he will be seeking suspension or revocation of any permit issued. It is required by law for a period of public comment and all down stream landowners must be notified of this. Mr. Myers has not been notified nor have any other downstream landowners.

Mr. Myers stated that according to DNR regulations an operating permit for discharge of stormwater must be obtained before any land disturbance over 5 acres occurs. DNR had no record of any such permit according for Brennenís Ridge.

No stormwater discharge permit is on file at the DNR for Brennenís Woods.

Mr. Myers had been advised by the Boone County office of the Natural Resource Conservation Service (Soil Conservation) that any addition to stormwater run-off from Brennenís Ridge could potentially overload the drainage structure for the creek under Interstate 70 with possible danger of washing out the Interstate.

Mr. Myers was concerned that the proposed plat has not met current subdivision regulations and has not adequately addressed sewage treatment and stormwater discharge.

Mr. Myer introduced Mr. Jim Young, a committee member who lives at 8430 West Shady Oak Lane.

Mr. Young addressed the Commission. He stated that the one access on Shady Oak Ln can not accommodate the 3 school buses in the morning, one at noon and 3 in the afternoon that will come and go on the road. No maintenance on Shady Oak Ln has been done. Mr. Young was concerned about the traffic from the construction, concrete trucks and school busses meeting. Where the cemetery is located the road is only 18í wide at the crest of the hill. On Shady Oak Ln at the crest of the 1st hill there is a width of 13í and the bus can not drive it now since no there is no access for a turn around.

When the property was sold to Rost-Wolz the seller, Mr Watkins has a concern about the property being developed. A verbal agreement was made that the property would not be developed by Rost-Wolz. If a concrete truck and school buss do meet at the crest of the hill who will be responsible because the road is not capable of handling the traffic?

Mr. Powers addressed the Commission. He asked for the members of the Homeownerís Association to raise their hands to let the Commission be aware of their attendance. Mr. Myer requested the Commission to reject the Brennenís Ridge Preliminary Plat for 3 reasons.

** failing to conserve natural resources of the county;

** failing to sufficiently promote expenditures of public funds and

** failing to promote the health safety, convince, prosperity and general welfare of the inhabitants

Tim Coskie approached the Commission from the Trails West Home Owners Association. He was representing the 150 member organization. The proposed emergency entrance to Brennenís Ridge would come through the lots on the top of Southeast Ct and Trails West Dr. The subdivision is strongly opposed to any entrance through Trails West Dr to the Brennenís Ridge Subdivision either as an emergency entrance or thoroughfare. Presently 150 plus cars travel down Southeast Ct, which is a very narrow road and any addition to that would create serious safety hazards. The roads in Trails West Subdivision were recently upgraded this spring being paid for by bonds over 10 yr. by the homeowners. We have a vested interest of ownership in the roads.

Mr. Marshall stated that by his calculations Mr. Payne had not disturbed 5 acres of ground at Brennanís Wood, and certainly no ground had yet been disturbed at Brennanís Ridge, so a land disturbance permit is not necessary.

Chairman Schnarre stated he had problems with this plat. It does meet zoning regulations but the public safety is a problem. The only real entrance into the subdivision is Shady Oaks Ln. Commissioner Kirkpatrick agreed with Chairmanís comments.

This plat does meet regulations and the access on lot #61 and #62 will turn into a street and if it is paved into this subdivision, it would become an access by default.

Commissioner Gerardi commented that if this subdivision plat meets the minimum standards of the County of Boone, we should immediately raise those standards. If the Planning & Zoning Commission does not take a stand against irresponsible development, no one else will. He believed that faced with a situation like this, the Commission has a responsibility to vote no on the approval. If "we" continue to promote irresponsible development we are actually a part of the problem. Just because the issue in front of us may meet the standards, but we see glaring problems with access on Booth Ln, access to the neighboring subdivision, he could not see voting for it.

Commissioner Beasley stated that steps had been taken to improve the requirements. He added if a developer has met with the standards then it should be approved however, he could not support an unmaintained road being used for emergency purposes.

Commissioner Kirkpatrick added he had been in the area a number of times. The best access is through Trails West.

Chairman Schnarre stated not to allow emergency access there, would have to come down Booth Ln.

Commissioner Kirkpatrick agreed with Commissioner Beasley and was concerned with the legality with turning down the plat when it complies with all county regulations.

Chairman Schnarre asked about lot #299, was that a transfer? Mr. Lueck advised it was basically land-locked and not suitable for building.

Commissioner Kirkpatrick advised abiding by the law, moved for the approval of the plat with contingency that a road be continued across lot 61 and 62, Plat 6 Trails West Subdivision connecting Southeast Trails Drive and that lot 61 and 62 be replated to indicate a dedicated public right-of-way and showing a street constructed to connect OíCarr Dr and Southeast Trails Dr, built to county standards and must be approved on the final plat. Commissioner Beasley seconded motion.

Mr. Rogers advised it would be impossible to meet the condition because the position the county takes is that the replatting of these two lots requires consent of a substantial number of property owners in Trails West Plat 6. Which is certain to know will not be obtained and would in effect put the approval of this plat in the private hands of the landowners. By blocking the replat they would block the plat.

Voting was as follows:

Keith Kirkpatrick Yes Jim Beasley Yes

Keith Schnarre Yes Stan Elmore Yes

Mike Sloan Yes Joe Falco Yes

Jon Gerardi No

The preliminary plat of Brennanís Ridge subdivision was approved by a 6 to 1 vote.

Plat #2 K&S Estates, minor plat Located in S7-T50N-R11W Zoned A-2 Larry and Mona Shuck, owners - Brian Dollar, surveyor

Mr. Poveromo gave staff report. He stated that the property was recently rezoned from A-1 to A-2, 17 acre tract. The property owner was to divide the property into four (4) home sites. That has been done. This is a minor plat with an additional right-of-way has been provided for along Schooler Road. There is a home site on Lot # 4. The plate has 53 points on the rating scale.

Commissioner Falco made and Commissioner Sloan seconded the motion to approve the minor plat for K & S Estates, located in S7-T50N-R11W.

Voting was as follows:

Joe Falco Yes Mike Sloan Yes

Stan Elmore Yes Keith Kirkpatrick Yes

Jon Gerardi Yes Jim Beasley Yes

Keith Schnarre Yes

Motions passed unanimously 7 - Yes

Plat # 3 Haystack Acres Addition, preliminary Located in S17 & 18-T49N- R12W Gordon and Bonnie Burnam, owners - Ron Lueck, surveyor

Staff member Poveromo gave staff report. He stated the 133 lot subdivision located on the north side of Alfalfa Drive and on the west side of Oakland Gravel Road just north of Haystack Acres. Located in the A-R zoning district each lot is approximately Ĺ acre. Originally the property was presented to the Planning Commission as a request to rezone to single family residential, then followed a second request to rezone to Planned Residential. Both requests were denied. This plat has incorporated most of all the comments and suggestions that were directed to it on the prior submission. Total of 240 were submitted to the Commission and now down to 133. The internal street circulation has been approved. Water District #4 has indicated an upgraded water service will have to be extended from Rte B along Oakland Gravel Rd. With the previous submission, sewage treatment will be provided by Boone County Regional Sewer District. A sewage treatment plant is located on lot 50, located within an existing 250í utility easement. This treatment plant may have to be relocated outside of the easement unless approved by Union Electric and Central Electric. Alfalfa Drive is scheduled to be paved under the County Street Improvement Program. The developer plans to have the interior streets being graveled as permitted under our current Subdivision Regulations. Each lot will have to conform to a 3 to 1 width to depth requirement.

This plat has 52 points on the rating scale.

Chairman Schnarre asked if there were any conditions regarding the sewer? Mr. Poveromo stated it would have to be moved, possible to lot 19 or 20.

Harold Stearly addressed the Commission with a comment. Resident at 270 E Northland Drive which is adjacent to the proposed subdivision. He asked with the change of the location of the sewer, where would it be located?

Mr. Stearly was shown on the map the proposed areas. Mr. Stearly wanted to express a thank you to the Commission for listening to the concerns of the area property owners. He also wanted to complement Mr. Burnam. Mr. Burnam had dropped the number of lots to 133; definitely a significant improvement.

A concern of Mr. Stearly were the gravel roads. He asked if the roads would be maintained and by whom? Chairman Schnarre advised the roads would be county maintained. Mr. Stearly stated the residents in the area still were concerned about the run-off.

Mr. Gary Winter addressed the Commission. Mr. Winter is the property owner adjacent to the north. He wanted the more expensive homes built up front and the less expensive homes around the cul-de-sacs. He wanted their property to appreciate and not depreciate.

Mr. Bill Marshall addressed the Commission. He stated it was not necessary for a discharge permit before going through the preliminary plat stage. He stated the permits would not be on file with DNR because it is not required yet.

Chairman Schnarre stated he felt it was pretty close to what was expressed for the changes. Commissioner Kirkpatrick agreed with the Chairman, he added he thought the property owners were grateful for the down sizing. Commissioner Falco was sad to have it pushed to a gravel road.

Motion made by Commissioner Falco and seconded by Commissioner Beasley to approve Haystack Acres Addition, preliminary plat with the condition that if treatment site is not approved by utilities, it would have to be moved outside the easement and that 33í of right-of-way be provided from the center of Alfalfa Dr..

Voting was as follows:

Joe Falco Yes Jim Beasley Yes

Keith Yes Keith Kirkpatrick Yes

Jon Gerardi Yes Mike Sloan Yes

Stan Elmore Yes

Motion passed unanimously 7 - Yes

 

Plat # 4 County Downes Block VI, preliminary plat. Located in S11-T49N- R13W Zoned R-S Gordon and Bonnie Burnam, owners - Ron Lueck, surveyor

Mr. Poveromo gave staff report. He stated this 14 lot subdivision is located within County Downs Subdivision. It is situated in a single family residential district, lot size range from approximately 17,000 sq. ft. to 55,000 sq. ft. All the lots on the south side of the road are greater than 1 acre in size. Several lots on the north side of the road range from 17,000 to 56,000 sq. ft. All of these lots were created prior to Planning & Zoning. The 20í access easement has been provided for by the 5 lots owned by Mrs. Glen. All existing lots of County Downs Lot 1 and 2 have residential development. Water service for this development is available with a 6" line, Sewage treatment will be provided for by the Boone County Regional Sewage District. The district currently serves the County Downs Subdivision area. Trobridge Road is a gravel, county maintained road. The plat has 54 points on the rating scale.

Commissioner Elmore made and Commissioner Falco second the motion to approve County Downes Block VI, preliminary plat, located in S11-T49-R13W.

Voting was as follows:

Stan Elmore Yes Joe Falco Yes

Keith Schnarre Yes Jim Beasley Yes

Jon Gerardi Yes Keith Kirkpatrick Yes

Mike Sloan Yes

Motion passed unanimously 7 - yes

Adjourned

Meeting was adjourned at 9:40 p.m.

 

AGENDA

BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER, 801 E WALNUT ST

(SEE MAP ON BACK)

7:30 P.M., THURSDAY, APRIL 20, 1995

I. Meeting called to order, Keith Schnarre, Chairman.

II. Roll call, Keith Kirkpatrick, Secretary.

III. Review minutes of March 16, 1995.

IV. CONDITIONAL USE PERMITS

None submitted.

V. REZONING REQUESTS

1. Request by Godas Development, Inc. to rezone from R-M (Residential multi-family) to C-GP (Planned General Commercial) of 4.16 acres, more or less, located at 5641 E Clark Ln.

VI. PLAT REVIEWS

1. Brennenís Ridge, preliminary plat. Located in S2-T48N-R13W Zoned R-S

Rost-Wolz, owners, Rhodes-Payne Properties Inc, developers. Ron Lueck, surveyor.

2. K&S Estates, minor plat. Located in S7-T50N-R11W Zoned A-2

Larry and Mona Shuck, owners. Brian Dollar, surveyor.

3. Haystack Acres Addition, preliminary. Located in S17&18-T49N-R12W Zoned A-R

Gordon and Bonnie Burnam, owners. Ron Lueck, surveyor.

4. County Downes Block VI, preliminary plat. Located in S11-T49N-R13W Zoned R-S

Gordon and Bonnie Burnam, owners. Ron Lueck, surveyor.

VII. OLD BUSINESS

None

VIII. NEW BUSINESS

1. Approval of Lakeview Mall, Planned Commercial Development, review plan. Located in S3-T48N-R12W. Godas Development Inc., owner. Brush and Associates, engineers.

IX. ADJOURN