MINUTES

BOONE COUNTY PLANNING AND ZONING COMMISSION

7:30 P.M. - THURSDAY, MAY 18, 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

Jon Gerardi

Stan Elmore - County Engineer

Bill Grace

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 April 20, 1995 were reviewed.

Commissioner Elmore made and Commissioner Falco second a motion to approve the minutes of the April 20 , 1995 meeting.

The motion was approved by acclamation.

Chairman Schnarre welcomed and introduced new Planning and Zoning Commissioner Bill Grace from the Centralia Township.

REZONING REQUESTS

1. Request by David and Jacqueline Carter to rezone from A-2 (Agriculture) to

A-R (Agriculture-Residential) of .46 acres located at 6801 E Mt. Zion Church Rd.

Don Abell, staff reported this tract is located approximately 2.5 miles south of Hallsville on Mt. Zion Church Road, a gravel, county maintained Road. The property is zoned A-2 (Agriculture) as is all of the surrounding property. The property is vacant, however a building permit for a 3,000 sq. ft. home was taken out in October 1994. To date, there has only been a footing inspection on the structure (March 1995). The applicant owns 10.33 acres of ground and is requesting that a portion measuring 200’ x 100’ be rezoned to A-R (Agricular Residential). If the zoning is approved, the applicant will submit an application for a Conditional Use Permit for a nursery for day care. There have been no previous requests concerning this property. The 1973 Comprehensive plan designates this area as being suitable for agriculture and rural residential land uses. Staff notified 7 property owners concerning this request.

David & Jacquelin Carter from 6700 Low Crossing Road, Hallsville addressed the Commission. Mrs. Carter stated they were building a home on Mt. Zion Church Road. She stated she has been a licensed day care provider for the past 6 years. A total enrollment of 10 children (with an overlap for 3 children). Mrs. Carter stated the request for the rezoning was to update and upgrade the enrollment capacity from 10 to 20 children. She said the day care is servicing a rural community in Hallsville, Sturgeon and Centralia. With the desperate need to increase the child care in the area.

Chairman Schnarre confirmed that the rezoning was for .46 acres to be rezoned. He stated the normal minimum size to rezone was .5 acre.

Mrs. Carter stated the reason for their size was she did not want the area land owners to think it would be subdivided. This was just for the yard, the drive and the play area.

Open to public hearing.

Commissioner Beasley asked Commissioner Kirkpatrick if there would be an option if it went before the Board of Adjustment?

Commissioner Kirkpatrick did not believe there would be. He said the only types of application before the Board of Adjustment are appeals, temporary or permanent variance from set backs regulations or hardships.

Chairman Schnarre asked staff if this would be a small lot size for rebuilding or expanding in the future if there was some distruction.

Director Shawver advised the zoning regulations specify a minimum lot size in the A-R district for residential purposes of .5 acre (half acre). The Carters’ are not subdividing the land, they have a building permit on the house. There is a gray question if a building could be built on a lot that is not the minimum lot size, however this is not a lot. This is part of 10 acres. If that question would come up, he would refer to the Board of Adjustment for a ruling.

Chairman Schnarre asked if the Carters’ want to expand, or for some reason fire damage, what would happen?

Director Shawver advised for those reasons it would go to the Board Of Adjustment. Their desire to put on an addition in the future, the regulations do not really say. He stated he would refer them to the Board Of Adjustment.

Chairman Schnarre advised the Carters’ that since the area did not conform to a lot there were some gray areas they did not know the answer to.

Mr. Carter stated their intention was not to confuse the neighbors. They did not want the neighbors to think it would be subdivided.

Commissioner Kirkpatrick asked if the Carters’ understood that if the house was destroyed or partially destroyed, or if they wanted to expand the house, they might not be able to do anything to the structure.

Mrs. Carter asked if that ment the total square footage could not increase or would they even would be able to remodel if necessary.

Commissioner Kirkpatrick stated that would be a matter for the Board of Adjustment to decide. It would not be something she could do on her own. It would have to go in front of the Board of Adjustment. Reason being this application is below the minimum lot size for residential use.

Chairman Schnarre stated the Planning and Zonning Commission were looking at this right now as a rezoning. This .46 acres from A-2 to A-R.

Chairman Schnarre asked what was the closest zoning?

Director Shawver advised the closest A-R zoning is outside Hallsville (about 1.5 miles away).

Chairman Schnarre stated this would be a spot zoning. He added it was too bad this type of use was not allowed in A-1 or A-2 zoning.

Commissioner Kirkpatrick asked if there was a way to accomplish what they were after in A-2?

Director Shawver advised that the current zoning regulations do not provide for a Conditional Use Permit in A-1 or A-2 districts for the use of a Day Care Nursery. The lowest density would be in the A-R, R-S, R-M and so forth.

Commissioner Kirkpatrick stated a Day Care seemed to be a reasonable use in the A-1 or A-2 district. He stated he thought it may need to be corrected in the regulations.

Director Shawver stated the Commission had discussed making an amendment of that sort to make it a Conditional Use recognizing that a day care center does create additional traffic, may bring congestion to an area and so forth. It still would warrant a Condition Use Permit, but you did place that on your list of things for a review. The last action was when the comprehensive Plan process started, Commission decided it would be best to wait until that process was near completion before undergoing any amendment process, it might cause duplication of effort.

Commission Kirkpatrick stated he was troubled by the spot zoning nature of the application. From their earlier statement you expect to draw children from a large area, is that true?

Mrs. Carter stated that currently they had 10 children from the Hallsville area. In the past, they had children from the Centralia and Sturgeon area.

Commissioner Kirkpatrick stated that point being it would not be children from that particular neighborhood or within 1 or 2 miles of your house. The road would generate more traffic. Again he stated he was troubled with the spot zoning.

Commissioner Elmore stated that when faced with the need in the applicants mind to change their capacity from 10 to 20 children, they have chosen from our rules a way that only lets them do that and probably gives them no other rights than to go from 10 to 20 children. He could not see how anything bad or obnoxious could come out of that. Unless one is against day cares in these kinds of areas, this is certainly an open enough area the would not cause any problems to the neighbors.

Commissioner Elmore made and Commissioner Gerardi second motion to approve the request by David and Jacquelin Carter to rezone from A-2 (Agriculture to A-R (Agriculture-Residential) of .46 acres located at 6801 E. Mt. Zion Church Road.

Voting was as follows:

Stan Elmore yes Jon Garardi yes

Keith Schnarre yes Jim Beasley no

Keith Kirkpatrick no Bill Grace yes

Joe Falco yes Mike Sloan yes

Motion passed with 6 yes and 2 no

Chairman Schnarre stated this rezoning would go before the County Commission on Tuesday, May 30, at 7:00 p.m.

2. Request by Zumalt Properties, LLC. to rezone from R-S (Single Family Residential) to R-D (Two Family Residential) of 3.0 acres, more or less, and from A-2 (Agriculture) to R-D (Two Family Residential) of 5 acres, more or less, located at 1520 S Rte K.

Don Abell gave staff report. He stated the property is located on State Route K approximately .5 mile south of the Columbia City Limits. The property has two distinct zoning classifications at the present time. The front part, about 3 acres is zoned R-S (Single Family Residential). The southern 5 acres is zoned A-2 (Agriculture). Property to the east of this site is zoned A-2, as is the land to the south. Land to the north, across Route K is zoned R-S. Land to the west is zoned R-M and is platted as Cedarbrook Subdivision. The site is presently vacant; there is designated floodplain area on the south end and in the west part of the property. The applicant is requesting that the entire site be rezoned from the present zoning to R-D (Two Family Residential). In 1990 the Commission considered a request to rezone this land to C-O (Office-Commercial). That request was denied. The 1973 Comprehensive Plan designates this area as being suitable for agriculture and rural residential land uses. Staff notified 143 property owners concerning this request.

Mr. Aca B. Zumalt, Jr., 9400 S. Rangeline Road and his two sons Byron Zumalt, 1310 State Route, Ashland and Asa Zumalt 1572 El Chaparral, Columbia addressed the Commissioners.

Mr. Aca Zumalt, Jr. stated he had retired 3 years ago and had been in the rental business for 35 years on a small scale in and around Columbia. Mr. Zumalt stated his boys would like to have something for retirement when they get his age. He stated they would like to have the request approved to build some duplexes and have a retirement income when they get older.

Mr. Zumalt, Jr. added that since his retirement he has donated many hours to senior citizens in and around Columbia free of charge. If they need help with plumbing, electrical, mowed yards, hung doors, roofed houses he as helped. He has donated several days to Shepherd School and Cedar Ridge School to help teachers train for certain projects. He stated me might have received some money for gas. Mr. Zumalt stated he thought he was an asset to the community and he thought the duplexes would be an asset to the community.

Byron Zumalt, son addressed the Commission. He stated they wanted to develop a professional type community, "This would be a retirement type base for them".

Chairman Schnarre asked if they knew the number of duplexes that were planned?

Byron Zumalt stated there would be 18 duplexes, total of 36 units. Byron Zumalt advised they were not going to meet density requirements. Asa Zumalt stated they wanted the area to be a nice community, a park would be added if necessary. This would not be a slum lord out there.

Open to public hearing

Ms. Jan Witherwax, 1825 W. Amos Drive in Cedar Brook Subdivision addressed the Commission. She was concerned of the number of duplexes in the area particularly due to the location. It is at the entrance and side of the subdivision. She had gone to other home owners for signatures and submitted the petition with 40 plus signatures who had concerns.

One concern of the residents expressed to her was the traffic on Rte. K, and what the road would support. The Bonne Femme Estates with Wetherbee Hills will have so much traffic. Old Plank Road coming out and the entrance to Gateway South the residents were concerned about the traffic situation and what Rte. K would hold up to. Ms. Witherwax stated she understood the duplexes would be rental property. Rental property in that area of home owners (already some rental property in Cedar Brook) was another consern.

Ms. Witherwax stated they was concern of the wooded area, beside the rental property and what would happen. Some of the other rental areas in the area have problems with crime and peace disturbances. The families with small children in the area, what that would do to the atmospher? Being a residential area, they were concerned why the owner would want to place duplexes.

Randy Flow, attorney with Walther Antell and Stamper was present to represent the developers of Bonne Femme in opposition to this rezoning. Mr. Flow stated the developers of Bonne Femme were not opposed to the development in the county or the city, however, was important to them to be able to develop and invest and know where they stond when starting out. He said this was an upper scale neighborhood. Before purchasing, platting and investing the owners researched the area and the existing development and vacant land on zoning and developed intending that it would remain the same. The vast majority of the abutting property is (if not all) single family. They are not opposed to development on the land as single family but are opposed to the duplexes being built. Currently the property to the north, south and to the west is all single family. He stated the proposed development will not have its own entrance to Rte. K which would congest the neighborhood to the south.

Sue McKeey with REMAX Boone Realty approached the Commission on behalf of the Bonne Femme Estate Partnership. She shared many of the concerns that already been presented by Jan Witherwax of the Cedar Brook Subdivision and Randy Flow for

Development. Ms. McKee stated they tried to develop the area in a way to be low density with the smallest lot being 5 acres and up to much larger tracts. With 18 duplexes (36 units) adjacent to the property it would not be compatible to the area.

David Silvey, 6878 Brookhaven Court, property owner was also opposed to the duplexes being placed on the property. He stated the current zoning is appropriate. He was worried about the traffic and the congestion of the traffic on Rte. K and the loss of the greenbelt around the neighborhood.

Mark Hopperwood, approached the Commission on behalf of his parents who own property in the Bonne Femme Estates and could not be present. He stated his parents were pleased with the property before they purchased 7 acres because of the zoning.

Dale Jones, 6890 Brookhaven Court approached the Commission. He felt that the current zoning was appropriate and was opposed to the change. The creek to the proposed site may a problem of the drainage. He stated some streets in the subdivision have water that backs up and he not want to loose the greenbelt.

Mr. Zumalt, Jr. redressed the Commission on the previous presentations. He stated that the growth of Columbia needed to be cultivated. Without adequate housing the culture rating of Columbia could not exist. The type of duplex was not etched in concrete, it could be changed. It would be upper rental people. Mr. Zumalt stated he had been in the rental property 35 years and was very opposed to any drug related problems, or loud noises or parties. He stated he did not approve of any such behavior. He had a trailer court in the past and many, many nights would be up at 2:00 in the morning taking care of noise or drug related problems with the Sheriff’s Dept. or Police Dept. He stated he would make every effort to maintain and enforce that regulations.

Byron Zumalt wanted to clarify it would not be rental property of $300 - $400. per month, the property would rent for $600 to $800. per month. It would be a professional type community. The property would have a privacy fence, place sidewalks around were everyone would state it was a nice area. The residents would plant flowers, mow regularly and be proud of the property.

Commissioner Beasley asked how they proposed for the sewage?

Mr. Zumalt stated their were two possibilities. The county had approved to hook in so many units (not all 18) and there had been talk about the sewer coming through. Mr. Bill Marshall, engineer advised that they could install at their expense aerators into the existing lagoon. He advised that could be done without any problems. If all that fails, Mr. Zumalt stated they would install a private lagoon.

Commissioner Beasley stated the drawing showed entering Rte. K from Vermillion Drive.

Mr. Zumalt, Jr. confirmed entering was from Vermillian Drive.

Commissioner Kirkpatrick asked staff how many or what could be the maximum number of units if application was approved?

Director Shawver advised the maximum number of density based on the acreage involved would be about 58 residential units which would comprise 29 duplex structures.

Commissioner Kirkpatrick asked if Cedar Brook was a platted subdivision? Director Shawver stated that Cedar Brook was platted just prior to the adoption of County Zoning Regulations.

Commissioner Kirkpatrick asked if Bonne Femme was also platted. Director Shawver advised that Bonne Femme was a surveyed development, no plat.

Chairman Schnarre asked if the roads were private or county maintained. Director Shawver advised that Cedarbrook was county maintained. Commissioner Elmore confirmed that they were county maintained.

Mr. Zumalt, Jr. advised he had spoken to Commissioner Elmore. He continued that he would definitely put in the roads the county would accept.

Commissioner Sloan asked staff if 20 single family residents could be placed on the property. Director Shawver stated no, part of the property (about 5) is zoned A-2 which requires 2.5 acres, so 2 resident on that property. The front is zoned R-S which could allow about 5 per acre. Total would be 17-18 theoretically.

Commissioner Beasley stated he was concerned about the low area on the southeast/south side. Mr. Zumalt stated that due to the low area it would be made into a little park.

Director Shawver handed out a flood pain map (Flood Plan Development Map - Flood Insurance Rate Map). Outlined the lot on the map, the gray area was the area noted in the 100 year flood plan which has restricted development requirements. Structures would have to be elevated at or above the base flood elevation.

Commissioner Elmore had a question to the Bonne Femme Development Area as to the number of the sites and on how many acres?

Sue McKeey stated on the 333 acres with 5 acres being the smallest lot, 37 tracts had been made.

Commissioner Beasley state there had been very little improvement since it had been turned down a few years ago on the identical property for the same reasons. Concerned about the traffic, development in a flood plane. The times Commissioner Beasley had been out there, the lagoon is not entirely odor free at this point and moved for a denial.

Commissioner Beasley made and Commissioner Falco seconded motion for denial of request by Zumalt Properties, LLC to Rezone from R-S (Single Family Residential) to R-D (Two Family Residential) of 3.0 acres, more or less and from A-2 Agriculture) to R-D (two Family Residential) of 5 acres, more or less, located at 1520 S. Rte K.

Voting was as follows:

Jim Beasley yes Jon Gerardi yes

Stan Elmore yes Mike Sloan yes

Joe Falco yes Keith Kirkpatrick yes because of

concerns of additional traffic

Bill Grace yes Keith Schnarre yes

Motion to deny passed 8 yes

Chairman Schnarre advised they had 3 working days to appeal the denial.

 

PLAT REVIEWS

1. Kelly’s Ridge, preliminary plat. Located in S27& S28-T48N-R13W Zoned AR

Margaret Ann Stanley, Trustee, owner. Nathan Lacy, surveyor

Due to the owner and surveyor attending another meeting this plat was placed last on the agenda.

2. Lake Capri Subdivision, Block IV, final plat.

Located in S10-T49N-R12W Zoned A2

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

This plat was approved in March with a stipulation that a separate lot number be shown on the existing waste water treatment lot (#54). This tract which is located north of the existing subdivision was 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 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.

The water district is presently upgrading its water service along Rte B. This upgrade should provide adequate fire flows for this development before October of this year.

Commissioner Falco wanted to confirm this plat was the plat that was sent back to have the a lot number issued to it. Director Shawver confirmed this was sent back for the number to be issued the vacant lot

Commissioner Elmore made and Commissioner Falco second the motion to approve Kelly’s Ridge, preliminary plat.

Voting was as follows:

Stan Elmore yes Joe Falco yes

Keith Kirkpatrick yes Jon Gerardi yes

Bill Grace yes Jim Beasley yes

Keith Schnarre yes Mike Sloan yes

Motion approved for plat approval 8 yes

 

3. Willow Way Valley No. 2, final plat. Located in S9-T49N-R12W Zoned R-M

Stewart Foley, owner. Gene Basinger, surveyor.

This tract was originally created by a written legal description prior to September 1980.

The blue print location map reflects this tract (yellow) as not being part of Sharidan Hills to the south or the larger tract (red lined) to the north. The lot was included as part of a 36 lot preliminary plat (Willow Way Valley-red lined) which the Commission approved in February 1994. When the developer returned with a final plat in March 1994, the lot was omitted because the developer did not have ownership.

This lot will be served by the Sharidan Hills sewage treatment plant. Road construction within Willow Way Valley is approximately 50% complete. The installation of the new water line along Rte B will also provide adequate fire flows to this development.

Before this plat can be recorded, Willow Way Valley No. 1 will have to be recorded, because that is were the road right-of -way has been dedicated. This plat has 60 points on the rating scale.

Commissioner Elmore stated Willow Way No 1. the roads are partially completed due to the weather.

Commissioner Elmore made and Commissioner Kirkpatrick second motion to approve Willow Way No. 2 final plat.

Stan Elmore yes Keith Kirkpatrick yes

Jon Gerardi yes Bill Grace yes

Jim Beasley yes Keith Schnarre yes

Joe Falco yes Mike Sloan yes

Plat approved 8 yes

 

NEW BUSINESS

1. Bonne Femme Hills, a planned residential development. Located in S33-T47N- R12W and S4-T46N-R12W Zoned A1 Carl & Joyce Fritchey, owners.

James W. Brush, surveyor.

Gene Poveromo gave his staff report to the Commission. He stated Mr. Fritchey previously presented this tract as a rezoning request several months ago. He requested it being rezoned from A-1 to A-2, he wanted to place 5 acre tracts along Hwy. DD, which was denied by Planning & Zoning and the County Commission. What he is proposing tonight a 6 lot PRD (Planned Residential Development). There are 61 acres in the A-1 zoning district with an overall zoning density of 6 home sites. There have been 5 five acre tracts cut out along Hwy. DD. There is a large 30 acre tract behind which is lot 6.

This is located approximately located 1.5 miles northwest of Ashland on Rte DD. Land use is presently agriculture. The applicant proposes the construction of 6 residential units on the tract. 1973 Comprehensive Plan designates this land as being suitable for Agriculture and Rural Residential land uses. In June of 1994, the Commission heard a request to rezone this tract to A-2. That request was denied. The applicant has proposed the density of 6 units the maximum allowable density under the current A-1 zoning. Staff notified 5 property owners. Additional right-of-way is being dedicated along the south edge on Big Road.

Mr. Poveromo had spoken to Mr. Fritchey and Mr. Brush about the right-of-way. He continued that the condition would be on the final plat, the condition being when approved dedication of right-of-way or roadway easement. Lagoon easement was shown on lot 1 and lot 2. Health Department has indicated a separate lagoon on each lot, however, the lagoons will straddle each other, with a burn to separate the two. Reason being to eliminate the amount of property that is taken up in the setback requirements of 75’ away from the property line. It was suggested and agreed to by the Health Dept. to consolidate the two lagoons. It was considered to do the same for Lots 3 and 4, however, topography does not dictate the ability to do that on these lots. Lots 3, 4, and 5 will have separate lagoon sites.

Jim Brush, surveyor approached the Commission. The tract is currently surveyed into 6 ten acre tracts. Since filing the tract has been recorded. The purpose of this request is to keep as much as agriculture land in Tract #6. The owners are present if you have any questions.

Open to public hearing.

Chairman Schnarre stated that since owners wanted to preserve the land with a PRD, why did they not stay with 5 acre instead of 10 acres?

Mr. Fritchey stepped forward and answered the land is not suitable for farming, very steep land. When he bought the land and break if up into 5 acre tracts, Mr. Fritchey had told the landowners he would never break smaller than 5 acre tracts. Request was denied then.

Chairman Schnarre asked Mr. Fritchey if his intent is if the 5 acre tracts are not approved, would he go with 10 acre tracts?

Mr. Brush advised 10 acre tracts currently exist on the property. Mr. Brush approached the Commission to show the property on the map.

Commissioner Kirkpatrick liked the principal Mr. Fritchey was working under to keep the density the same to protect the agriculture land

Commissioner Beasley moved and Commissioner Sloan seconded motion to approve Bonne Femme Hills planned residential development.

Voting was as follows:

Jim Beasley yes Mike Sloan yes

Bill Grace yes Joe Falco yes

Keith Kirkpatrick yes Keith Schnarre yes

Stan Elmore yes Jon Garardi yes

Motion passed unanimously 8 yes

 

Moved to last on the agenda

Kelly’s Ridge, preliminary plat. Located in S27& S28-T48N-R13W Zoned AR

Margaret Ann Stanley, Trustee, owner. Nathan Lacy, surveyor

 

This 7.9 acre tract is located on the west side of County Woods Rd approximately 3/8 of a mile north of the intersection of Nifong Rd and Vawter School Rd. The thirteen lots are approximately 1/2 acre and will be connected to city sewer.

This is the last tract of undeveloped property along Country Woods Rd. (see site plan)

This plat has 81 points on the rating scale.

The developer is currently negotiating sewer service with the City of Columbia. These negotiations may include the extension of city water to the site and compliance with the city subdivision regulation standards. The Columbia Department of Planning and Development is requesting this plat not be processed by the Boone County Planning Department until negotiating have been completed.

Staff recommends that the plat be conditionally approved with the Chairman authorized to sign off on the plat at such time that signature approval is received and noted from the Director of the Columbia Public Works Department and the Director of the Columbia Planning Department.

Mr. Jay Gabhart advised that the city should pass a resolution on June 5.

Chairman Schnarre asked staff if the existing house would be destroyed next week?

Commissioner Elmore made and Commissioner Kirkpatrick seconded motion to approve Kelly’s Ridge preliminary plat with the conditions mentioned by the staff.

Voting was as follows:

Stan Elmore yes Keith Kirkpatrick yes

Jon Garardi yes Bill Grace yes

Jim Beasley yes Keith Schnarre yes

Mike Sloan yes Joe Falco yes

Motion passed unanimously 8 yes

REPORT FROM STAFF

Director Shawver advised the Commissioners of previous action to the County Commission

GODAS Development to rezone from R-M to CGP

Commission honored the recommendation

Review plan with recommendations - County Commission honored the recommendation with some minor revisions to the plan dealing with the Lake View Dr.

Brennon Ridge Development - Preliminary Plat - required a road they showed.

Developer appealed - advice of legal council was he had nothing to appeal, P&Z approved what he had presented, had you amended the plat or rejected the plat

Director Shawver wanted to welcome Bill Grace on the Commission.

Adjourned at 8:40 p.m

 

Respectfully submitted,

 

 

Keith Kirkpatrick

Secretary

Minutes Approved on this _____ day of June, 1995