BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. Walnut St., Columbia, MO

July 20, 1995 - 7:30 p.m.

Chairman Schnarre, called the meeting to order at 7:30 p.m., with a quorum present. Roll call was taken by Commissioner Kirkpatrick, Secretary.

Present: Keith Schnarre William Grace

Jon Gerardi Keith Kirkpatrick

Joe Falco Stan Elmore

Absent: Jim Beasley Mike Sloan

Also Present: Stan Shawver, Director Gene Poveromo, Staff Don Abell, Staff Noel Boyt, Staff

Commissioner Falco made and Commissioner Gerardi seconded a motion to approve minutes of the June 20, 1995 meeting with no noted corrections.

Motion passed by acclimation.

CONDITIONAL USE PERMITS

Request by David and Jacqueline Carter for a permit for a group home day care on .46 acres located at 6801 E. Mt. Zion Church Rd.

Don Abell gave staff report stating that the tract was located approximately 2.5 miles south of Hallsville on Mt. Zion Church Rd. a gravel, county maintained road. The property is zoned A-R (Agriculture Residential). All of the surrounding land is zoned A-2 (Agriculture). There is a house under construction on the property. This request is for a Conditional Use Permit for a group day care home for up to 20 children. This property was rezoned from A-2 zoning to A-R at the May, 1995 meeting. The 1973 Comprehensive Plan designates this area as being suitable for agriculture and rural residential land uses. Staff notified 8 property owners concerning this request. A letter of support was received from a neighbor. Jackie Carter, applicant at 6700 Low Crossing Road, Hallsville addressed the Commission. She stated they were currently building a residence and plan to house the day care in the basement. She stated she currently has a home day care caring for ten (10) children. Her request was

to up-grade to a group home daycare to increase to 20 children.

Chairman Schnarre asked if Mrs. Carter had made state application for the group home. Mrs. Carter answered yes. Se had applied to Division of Family Services and her educational requirement had been approved. She stated the Fire Marshall had come to the site and did his initial inspection. Department of Health approved the pre-site on the lagoon.

Open to public hearing. No one spoke in favor or opposition to the request. Closed public hearing.

Commissioner Gerardi asked staff about the letter in support of the request. Director Shawver stated the letter had been received in support.

Commissioner Gerardi stated that he believed this type of use should be a permitted use in the zoning classification.

Commissioner Gerardi moved and Commissioner Falco seconded the motion to recommend approval of the request by David and Jacqueline Carter for a Conditional Use Permit for a Group Home Day Care of 20 children on .46 acres located at 6801 E. Mt. Zion Church Rd.

Voting was as follows:

Jon Gerardi yes Joe Falco yes

Stan Elmore yes Keith Kirkpatrick yes

Bill Grace yes Keith Schnarre yes

Motion carried unanimously 6 yes

 

REZONING REQUESTS

Request by Woodrow and Ann Seabaugh on behalf

of Heifner Communications to rezone from A-2

(Agriculture) to C-0 (Office Commercial) of

4.5 acres, more or less, located at 11950 S. Rte N.

Don Abell gave staff report stating that site was located on State Rte N, approximately 5 miles south of Columbia and 1 mile north of Easley. The tract is situated 200 feet east of the Rte N right-of-way. The property is zoned A-2 (Agriculture) as is all of the surrounding land. There is a single family dwelling on the tract, a barn and an old silo. The request is to rezone 4.5 acres to C-O (Office Commercial). 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 11 property owners concerning this request.

David Rogers, attorney at 813 E. Walnut, approached the commission on behalf of Mr. Seabaugh, owner and Mr. Heifner the contract purchaser of the property. He stated Mr. Heifner has Heifner Communications and both Mr. Seabaugh and Mr. Heifner were present.

Mr. Rogers stated the intent of Mr. Heifner was to move his business from its present location in the city of Columbia, and occupy the existing dwelling on the property. Mr. Heifner would build his own home on adjacent tract outside of the proposed commercial rezoning.

Mr. Rogers stated that Mr. Heifner’s business is an engineering business that basically does not have customers who walk in or walk out. All of his business is done by telephone, mail, fedEx, and or fax. He hires engineers who are designing satellite television systems and cable TV systems. His employees mainly work at computers. This is a business that was not envisioned in 1974 when the zoning ordinance was adopted.

Mr. Rogers stated that in the present time we are moving to an era where people are able to get out of the city because of fax machines, modems and the ability to communicate. The bulk of Mr. Heifner’s business is outside the state of Missouri.

He stated Mr. Heifner wants to move to a more serene country setting away from stress of urban life. With respect, Mr. Rogers used an example of Gerardi Construction. He has a secretary, 2 full-time master craftsmen, all the rest are sub contractors. He stated the bulk of his business was thinking, working from plans, working on the computer, making a bid, and the work was directed on site. He stated he owns a beautiful place out on WW that when he gets tired of paddling down to Columbia, he might very much want to run the business out of his home or building adjacent to his home. Unless he is prepared to marry his secretary and adopt the master carpenter this would not be possible under the zoning ordinances that exist.

He continued that the home occupation is designed only for business that have no outside employees. Mr. Rogers stated there is a significant void within our zoning ordinance. This request is for the most restrictive zone that would permit this type of business. He stated they were willing to go a step further.

Mr. Rogers spoke of a new zoning classification which would be more in the nature of a residential office as opposed to a commercial office as described in the Zoning Ordinance at present. Mr. Rogers passed out literature on a new zoning district. He stated one regulation would be that the owner would have to live on the property of the business.

Mr. Rogers continued if the rezoning request tonight is granted and then by the County Commission, Mr. Heifner would be willing to be zoned to accommodate the new zoning classification. Mr. Heifner would lobby for an attempt to get an ordinance such as the new classification passed and if passed would promise and commit to P&Z to immediately seek rezoning of this ground to this even more restrictive zoning.

Mr. Rogers stated Mr. Heifner intends to live on premises. This is more of a home business when the principal of the business living on the property himself. This is a commitment to the neighborhood that in fact it is not the typical mercantile situation.

He stated Mr. Heifner made an effort to contact all of the neighbors within 1000 ft. Mr. Crane who owns land on 3 sides of the property has stated he was in favor of the request. He stated Mr. Neiman who is an adjacent property owner also is in favor of the request.

Mr. Rogers stated their support was understandable because this would be a much less intrusive use of the property than 3 or 4 homes in an area of this size.

This activity would basically be from 8 a.m. to 5 p.m. Monday through Friday, conducting business by computer and by telephone.

The property is 10 miles south of the football stadium on Rte N. The aerial view shows very steep ravines on two sides and shows three (3) existing structures, the house, the barn and the silo. No other structures are to be constructed on this proposed rezoning site. This rezoning request will be the cutting edge for this commission for recognizing that certain types of businesses are substantially different now and require different zoning treatment since the zoning ordinances were adopted.

Open to public hearing

Greg Heifner, owner of Heifner Communications addressed the Commission. He stated his company was a modem cooperation and supplied information. The primary product was information. Contact with outside world was solely by telephone, faxed to the internet and the local businessman. Almost all of the business is outside the state of Missouri. He had been in business almost 14 years.

Mr. Heifner stated the business is a home owned operation that makes a living by using their heads and talent. Employees are hired for their ability to think. The move to the country was Mr. Heifner’s attempt to provide employees and himself with a gentler and more relaxing atmosphere to do their thinking in. He stated that due to the fact the business did not generate any walk-ins the countryside could work out.

Mr. Heifner stated as a long time owner and business man of the area he had dreamed of being at a place in life where he could make some dreams happen. He has always enjoyed Missouri for its natural beauty and the wilderness areas.

He stated instead of buying a piece of the business loop and constructing another-metal bldg., he wanted to use his resources to purchase a piece of the Missouri countryside to preserve its beauty. Mr. Heifner understood the desire of the residents not to spoil the real flavor of the area, that was also his desire. Unfortunately he would have to adopt most of the staff to comply with the current zoning regulations.

Mr. Heifner did not in any way want to cause the community any problems. He wanted the community to see them as an asset and a potential good friend.

Ms. Peggy Thompson, 12120 Rte N, an elementary teacher addressed the Commissioners. She stated her property adjoined 11950 Rte N.

She stated this was a residential/agriculture area. A business is not welcome in this area. She continued there was livestock in the area, cattle and horses. Rte. N is very narrow and winding and there is more than enough traffic. She stated there is a new residential subdivision being developed in the same area.

The additional development and an article in a "Biking Magazine" had Easley Hill on Rte N declared as one of the most difficult in the United States so now there are many bike riders at all times of the day on the road.

She was also concerned about the noise from a commercial business. Sound travels in the country and she will be next door to the noise.

Her greatest concern was that zoning did not change every time business changes or is sold. Once it is commercially zoned the business can sell the property without any input from the surrounding property owners. Mr. Wallen was the previous owner. He had assured them he would never sell the property, but it had been sold. Promises are not legal commitments, but zoning is. She stated the future has to be considered as well as just today.

Ms. Mary Fran Russell, 12301 Rte N. owner of 175 acres directly across from the proposed rezoning site approached the Commission. She stated she was adamantly opposed to it. She stated she had lived there for 36 years and intended to stay there. She felt Planning and Zoning should preserve the peace of the country side and not the commercial venture that wants to come in next door. She said it was inconsistent with the use of the land at the present time. The area is strictly country, 10 to 12 miles from town and is not a place to put in a commercial development. Mostly pasture land and residences are in the area. Ms. Russell stated she was a retired Realtor and she found the request for rezoning unethical. It showed utter disregard for residents nearby. The property could be sold, profit then made and move on.

Dr. Robert L. Russell, a teacher of 35 years at the School of Medicine now a retired full professor of Pharmacology addressed the Commission. Dr. Russell was thankful for the Planning and Zoning Board. Thirty-six years ago when he purchased the property there was no such board.

He stated the property had been part of Ham Tull’s land (some 300 acres). Dr. Russell stated his bulldozer helped clear the land for 2 years. The property had been sold about 4 times in the last 30 years. Dr. Russell spoke of David Babel who wanted to develop a housing area across from his drive and Planning and Zoning turned it down. Mr. Bapel came back and broke it into larger pieces than Planning and Zoning could touch. Dr. Russell spoke of a road across from his property which went into a development area. The bus turns around in his drive tearing up the pavement. This problem Planning and Zoning could not head off for him.

Dr. Russell spoke of a FM tower which was before Planning and Zoning a few years ago approximately 4 miles from this area. It was just what they needed according to the FM people. Dr. Russell said there were 5 towers between "Hoopup" and the Columbia tower at the airport.

Dr. Russell stated he did feel the property needed to be zoned for 3 acre tracts just so they can get it sold. Dr. Russell thought Mr. Heifner could buy the property as a residence. If the proposed rezoning is approved, the property could be sold to any another party as commercial and would devalue his 175 acres across the road. Dr. Russell stated the when it was stated Mr. Crane had no objection, he knew Mr. Crane did not live around the proposed rezoning.

Dr. Russell commented on the traffic on the road. The bicycles stream along out there more than on the Katy Trail. The bikes come up on his property to use his hydrant without permission.

Dr. Russell asked the members/and Mr. Heifner to look at the property and asked how they would feel if the property across the road from where them had a solid wood fence 6’ ft. high around it that you could not see through. Dr. Russell asked how would they feel to be made into a commercial venture?

Dr. Russell thanked the Commissioners for being allowed to appear before them and thanked the County Commissioners and the Boone county residents for putting a group like this together to protect the owners.

Ms. Doris Nistendirk, 11809 S Rte N, a total of 21.5 acres addressed the Commission. She stated she understood the request was for spot zoning and she thought that spot zoning was illegal. Ms. Nistendirk stated she did not see the pictures presented by the attorney (Mr. Rogers), nor were the papers presented to them (the neighbors). Her husband was a native of Missouri and Columbia, and he wanted to live out of the city. She stated there were other areas set aside for business entities, that’s where business should be. She did not want such businesses in the country.

Mr. Don Nistendirk addressed the Commission. He stated he was born and raised about a mile north of Easley. His family had resided in and around "Hoopup" since 1827 on both sides of his family. His property is 700’ ft. from the road and he enjoys his privacy. Every day when he comes in and out his drive see sees the proposed property. Mr. Nistendirk commented on the road in the area where the curves are and the blind area. He suggested looking at the area and not an aerial views. He stated the bus frequently runs off the road and has to be towed. He said just down the hill on top of Easley cave there was a development. The phone lines are already in to accommodate that. He did not feel there needed to be any commercial entity in the area.

Mr. Rogers steeped forward to address the concerns. He stated that the traffic such as it is that would be generated by this business, would probably be less than with a family occupying the house

He stated the residents that spoke regarding the development and additional houses of this type of purpose would be considerable less intense use than the housing developments that have been discussed. Mr. Rogers thought most of the opposition reflects the particular name Commercial Office of the rezoning request. This is why he felt that the request made was substantially less intense. He felt it was wholly compatible with the neighborhood values.

Mr. Rogers stated they would stand ready to spear head the effort to amend the zoning ordinance to allow this. However, Mr. Heifner’s purchase of this property is conditional upon his right to use it as an office. The opportunity would be lost if he would have to wait for the passage of the this new type of ordinance.

Closed to public hearing

Chairman Schnarre asked where the business is located now. Mr. Heifner stated the current address is 4451 I-70 Drive Northwest. Chairman Schnarre asked the number of employees and if the number may increase? Mr. Heifner stated there were 10 employees at present and would stay at 10 employees. The number had not changed in 5 or 6 years.

Commissioner Kirkpatrick stated it was his understanding the request had been scaled down to 3 acres tonight. Mr. Heifner stated yes. Commissioner Kirkpatrick asked how to get into the property. Mr. Rogers stated the easement shown was for the home on the back. There was a direct drive off of Rte N leading to the home.

Chairman Schnarre ask what was the total acreage the applicant was buying. Mr. Rogers stated 20.62 acres with option for additional acres. He stated Tract I is 20.62 with an option on Tract II to the east.

Mr. Heifner stated the intent was to set it back to be difficult for anyone else to use it for a commercial office.

Commissioner Kirkpatrick stated the request was cut down to 3 acres, that still seems like a good chunk considering where the existing house sets. The silo and 1800,sq. ft. barn are included in this rezoning. Why include them?

Mr. Rogers stated it was for storage. The barn was to be used for storage of satellites dishes, and trailers.

Commissioner Falco asked about the size of the trailers. Mr. Heifner stated one was about the size of a boat trailer, and one the size of a small flat bed trailer, the type used for agriculture purposes. The barn was an old tobacco barn, it was not appropriate for any type of box storage.

Commissioner Kirkpatrick asked staff if residential use was permitted in Commercial Office zoning? Director Shawver stated the only residential use permitted in a commercial district are those used by the owner, however it was stated the intent was to build a house outside the proposed rezoning.

Chairman Schnarre asked if the intent was to use the existing house for the business headquarters and not living quarters. Mr. Rogers agreed with statement.

Commissioner Kirkpatrick asked if there was a Planned Commercial Office District? Director Shawver stated that the planed district breakdown was into specific categories. Planned Commercial, Planned Industrial and Planned Residential but not a planned commercial office. That would be achieved by planned commercial request restricted to those uses found in an office district.

Commissioner Kirkpatrick asked staff where the nearest commercial district was from the proposed rezoning? Director Shawver stated the closest commercial zoning was in Easley, site of the old store approximately 3/4 mile down the road.

Commission Falco stated that his understanding is that they want to move the business out there, then later build a house to live in. Mr. Rogers stated to start immediately to build a home just outside the proposed rezoning of 3 acres.

Chairman Schnarre stated there were no guarantees that any of that would be completed. Mr. Rogers agreed with statement. He continued that regarding it being sold to anyone else, then you get more "teeth" into your ability to enforce because of subdivision regulations. It would be difficult if not impossible to sell.

Chairman Schnarre asked what was required in a "Home Occupation"? Director Shawver stated no outside employment other than family members residing on the premises.

Commissioner Kirkpatrick asked Mr. Heifner if there were any family members employed other than himself that are not included in the number of 10 employees? Mr. Heifner said not currently, no. Commissioner Kirkpatrick asked if he anticipated if there would be? Mr. Heifner stated not currently, his wife being a Columbia school teacher, he did see her working there.

Commissioner Schnarre stated he felt this type of business is a nice, clean business, but he did not like placing a commercial business in this area with the option that it could be sold.

Commissioner Falco stated it opened it up to anything that was under permitted uses plus conditional uses.

Commissioner Kirkpatrick stated that until he heard the number of employees he was not totally against the rezoning.

Now with 10 employees to add to traffic on the road and he stated it would be spot zoning.

Commissioner Kirkpatrick made and Commissioner Grace seconded motion to deny request to rezone from A-2 (Agriculture) to C-O (Office Commercial) of 3.0 acres more or less located at 11950 S Rte N.

Voting was as follows:

Keith Kirkpatrick yes Bill Grace yes

Stan Elmore yes Joe Falco yes

Jon Gerardi yes Keith Schnarre yes

Motion to deny was unanimous 6 yes

Commissioner Schnarre advised applicant he had 3 working days to appeal.

 

 

 

 

PLAT REVIEW

Kelly’s Ridge, final plat. Located in

S27&S28-T48N-R13W Zoned AR Michael and Cheryl Kelly,

owners. Nathan Lacy, surveyor.

Gene Poveromo gave staff report stating that the final plat’s preliminary was approved several months ago with the condition that the Chairman did not sign off on it until the City’s Public Works and Planning Department approve the plat. The plat is in the county and not adjacent to the city but the applicant had requested sewer service from the city. It had been granted with the understanding that the applicant will meet city standards for the subdivision plat. One of the conditions is that a water line will be extend to the subdivision and sidewalks be put in and with some additional conditions.

The preliminary plat was 13 lots, developer has sized that down to 8 lots. Some neighbors had approached him with there concerns of the lot sizes, so he was able to accommodate them. It will have central sewer, city water, 800 gal. per minute fire flow, and sidewalks will be constructed on one side. This plat has city signatures already.

Mike Kelly approached the Commission and asked for approval.

Commissioner Elmore made and Commissioner Falco seconded motion to approve the final plat for Kelly’s Ridge.

Commissioner Grace asked the distance of the plat to the City Limits. Staff member Gene Poveromo stated it was less than 1/8 mile due east through Country Woods Subdivision.

Voting was as follows:

Stan Elmore yes Joe Falco yes

Keith Kirkpatrick yes Jon Gerardi yes

Keith Schnarre yes Bill Grace yes

Motion to approve passed unanimously 6 yes

 

OLD BUSINESS

Request by Pete Kemper for Henry Ray to revise an approved review plan for a Planned Commercial

Planner Abell stated that this tract is located approximately 3.5 miles east of Columbia on I-70 Drive, northeast. Property to the north and east of this tract is zoned A-R; to the west the land is zoned C-G, to the south across Interstate 70, the land is zoned A-2. There are several sheds, a barn and an existing house on the property. The 1973 Comprehensive Plan designated this area as being suitable for agriculture and rural residential land uses.

The Commission heard a request for C-GP (Planned Commercial) zoning for this tract in May 1992. The review plan approved at that time has been redesigned with this submission. Staff notified 11 property owners concerning this request.

Tim Capehart, registered land surveyor with Marshall Engineering, addressed the Commission. He stated he had spoken to Director Shawver regarding a 50’ foot buffer that was not shown on this plan but was on the previous plan. He spoke to Mr. Ray and Mr. Kemper regarding requesting a variance to the parking regulations to reduce the number of parking spots along the east side of this property. The building for a retail furniture store does not require as many parking places (84) based on the sq. ft. of the building. If that is granted, he would like to revise the final plan to show the buffer back in that location as shown on the previous drawing.

Mr. Capehart continued that the concerns regarding the water line in front of the building on the outer road, were currently being studied by the water district to determine how to provide adequate fire flows. Also present he introduced Miss Wilson, from Little Dixie Construction, who probably will be the contractors of the building. Mr. Capehart stated discussion was still under way with the Water District on methods to get water for fire protection. Options are to have a dry hydrant hooked to a pond (not their first choice). More discussion has been to have a planned 12 inch water line extended sooner.

Chairman Schnarre asked the purpose of the structure was? Mr. Caphart stated it was to be a retail furniture store. Along the lines of "Missouri Furniture" or "Eathan Allen". Chairman Schnarre asked if Mr. Ray currently had a furniture store. Mr. Capehart said he did and to direct such questions to Mr. Ray’s son, Randy Ray.

Randy Ray approached the Commission. His residence is 1403 N Washington, Mexico, MO. He owns a furniture store in Mexico, under the name of "Furniture Mart".

Chairman Schnarre asked the size of the structure determines the size of the parking spaces? Mr. Ray stated yes.

Chairman Schnarre asked if the original review plan was for two lots.? Director Shawver stated it was just Lot I in the original plan. He continued that the entire acreage is still covered in 4.36 acres.

Tim Capehart stated that this tract had not been divided. He stated that a subdivision plat would be submitted if this review plan is approved.

Commissioner Gerardi asked if this plan might be one of the plans where lights might have to be addressed along with the landscape, etc. Chairman Schnarre stated to look at the list in the previous approval and that options are wide open in planned commercial development, if they cared to do that. Commissioner Falco made reference to the conditions that were placed on the plan in 1992. Chairman Schnarre stated it had changed considerably from the original, so really this is a new application for a development plan.

Open to Public Hearing

No one spoke in favor of the request.

Ms. Dana Naylor, 9255 E I-70 Drive NE, property directly east of Mr. Kemper’s property addressed the Commission. She said she was not opposed to the request and did not want to stand in the way of progress but had some concerns to be addressed.

Ms. Naylor spoke of the previous conditions listed in 1992. Will they be reinstated or do they still apply to the current request. One main concern was the 50 ft. buffer. Previously, sewage plans were to be submitted, this was another concern. The current plan shows a septic sewage system with a lateral field. There are no measurements showing where the lateral field will begin or will end, nor which direction of ground run-off water will flow. She intends to develop a recreational pond in their front yard and was concerned about ground water contamination. She would like to have more detailed explanation from Mr. Kemper on how this lateral field will function.

She stated in reviewing the blue print for the road access of the facility, it was noticed there were to be two road accesses. A 20 ft. access on the west side and a 30 ft. access on the east side. Due to the location of the 30 ft. east side drive, this would add to an already dangerous stretch of road. Just before this drive there is a hill on the I-70 access road that prevents drivers from seeing from beyond the hill. With this point, she urged the Commission to consider switching the location of the parking lots from the east side boundary line to the west side boundary line of the proposed building site. This way cars and trucks can enter at the top of the hill and pose a safer alternative.

Ms. Naylor stated that when she spoke to Don Abell of Planning and Zoning, he stated if the furniture store does go out of business any type of retail facility could replace it. The retail auction party barn like the facility that had previously been requested by Mr. Kemper would fit into this category. She stressed that the previous conditions already approved by Commission be reinstated for this development. She asked for an additional condition placed on the request that if this business should close or land be sold later to another party, that no other business be permitted for replacement unless brought to Planning and Zoning Commission for approval.

Tim Capehart addressed the Commission. He stated under the new Subdivision Regulations it was required to submit on site treatment plans with the final plat. Those plans would have to be completed by a registered engineer.

Regarding the entrance to the facility, the outer road would be on Missouri State Highway Department right-of-way. The site distances for a 45 m.p.h. road are more than adequate to permit the driveways to remain where they are located.

Due to the number of parking spaces required, if they were able to get the variance for the number of spaces on the east side reduced, the 50’ ft. buffer will not be obtainable, but it would be extended as far as possible for what ever variance it was approved for.

Closed to public hearing

Commissioner Kirkpatrick asked staff if the parking space variance would go before the Board Of Adjustment? Director Shawver said it would go before BOA.

Commissioner Falco stated that the ongoing use of the building for this business may not generate traffic for necessary parking enough to fill the sq. ft., but a firecracker store might need 200 parking spaces. The talk of less parking in trade for the buffer is kind of folly.

Commissioner Grace stated the request was to go to Planned Commercial. Would C-G, C-O and C-N uses be in play here?

Director Shawver stated that under Planned Commercial District any use that is permitted in any commercial district (C-O, C-N, C-G) and their conditional uses are permitted unless restricted by the Planning and Zoning Commission or County Commission.

Commissioner Grace asked if they were then asking for the full "C-G" where C-N would allow for a retail store which this would qualify. Director Shawver agreed.

Director Shawver stated this was not a straight "C" request. The flexibility is that the planning district P&Z can restrict location of structures and provide different amenities that are not required in a straight rezoning request or restriction on further land use.

Commissioner Grace asked if that was done, the next person could put in the tavern, etc. Chairman Schnarre stated P&Z could restrict or make them come back any time when the nature of the business changes.

Commissioner Grace asked where the nearest commercial area was? Director Shawver stated it was next door, all four corners of I-70 and Rte Z are zoned General Commercial.

Chairman Schnarre stated he saw a lot of things that needed to be corrected on the plan. He thought septic tank most likely would not meet the percolation test. Director Shawver stated the property immediately to the west did not percolate.

Director Shawver stated he was concerned with the legality of restricting a commercial (even a planned commercial) zoning request to one single use.

Commissioner Gerardi asked if that meant retail or retail furniture?

Director Shawver stated retail use would be all right, but if it was retail furniture only it may have complications.

Chairman Schnarre asked for the person for the sprinkler system to step forward.

Ms. Pat Wilson, with Little Dixie Construction General Contractor of Columbia addressed the Commission. She stated she was not a sprinkler engineer and she knew very little about them. What she could say was that if someone was going to the expense of sprinkling this building she assumed it would meet ISO or Factory Mutual standards to reap the insurance benefits of having it. She felt it would be designed to provide adequate protection otherwise why bother.

Chairman Schnarre asked if the structure had to be sprinkled. Director Shawver stated the building codes require that any structure of that type exceeds 12,000 sq. ft., a sprinkler system is required. No question it would have to meet NFPA standards, that is a requirement. It also has to be built to the BOCA standards. Question is the availability of water to provide pressure to the sprinkler system and to the existing customers. It may be necessary to provide on-site water storage. Director Shawver mentioned the Boone County Fair Coliseum Building had to provide a 30,000 gal. on site water storage for their sprinkler system. Ms. Wilson stated her company did construct that building.

Chairman Schnarre asked if fire walls could lower that requirement? Director Shawver stated that would be in design considerations, it may be possible by constructing fire rated assemblies.

Director Schnarre stated he was not opposed to the facility being out there, but he thought the plan had a lot of flaws in it at this time.

Commissioner Kirkpatrick stated you never know when you will need 38 parking spaces.

Commissioner Elmore stated he had come prepared to defend the plan. He thought it was a good plan, the applicant was a neighbor and the seller was a friend, but the original plan had a ratio of buildings to land of 1 to 10 (10th of the land used up in buildings). This plan, which is a portion of the original zoning, has a ratio of 1 to 2 with half of the land being used up for building. The original plan was required to have 64 parking places and they provided 99 places. Now this plan has 84 parking spaces; to meet the need that the original plan was approved for requiring a 50’ ft. buffer on the east side, then you would have to take 38 of those spaces away leaving only 46 spaces. He stated this is too much building for the lot. If the building was moved over and slid back some on the total tract of land it might fit better.

Commissioner Kirkpatrick made and Commissioner Elmore seconded motion to deny request for the review plan for a Planned Commercial Development (C-GP) on 4.36 acres, located at 9201 E I-70 Drive NE.

Chairman Schnarre stated he was not opposed to a furniture store out there, but that this plan needed more work.

Commissioner Falco asked if the motion to deny is passed they just need to go back and fine tune. Director Shawver responded that was correct, or that the original plan that was approved in 1992 was still valid.

Voting was a follows:

Keith Kirkpatrick yes Stan Elmore yes

Keith Schnarre yes Bill Grace yes

Jon Gerardi yes Joe Falco yes

Motion to deny passed unanimously 6 yes

Chairman Schnarre advised they had 3 working days to appeal.

REPORT FROM STAFF

Director Shawver advised the Commissioners of previous action actions by the County Commission.

Conditional Use Permit for Brenda Benner was approved

as recommended.

Rezoning and Review plan for Les Bourgeois Winery was approved

as recommended.

Rezoning for Keller and James did not appeal their denial to the County Commission, denial stands.

Rezoning and Review plan for Central Bridge was approved as recommended.

NEW BUSINESS

Annual Election of Officers: Chairman Vice-Chairman Secretary

Nomination for Chairman

Commissioner Falco nominated and Commissioner Grace seconded nomination for Chairman Schnarre to remain Chairman.

Commissioner Elmore closed nomination and Commissioner Falco seconded.

The nomination was approved by acclimation. 1995 - 1996 Chairman Keith Schnarre

 

Nomination for Vice-Chairman

Commissioner Elmore nominated and Commissioner Kirkpatrick seconded nomination for Joe Falco as Vice-Chairman.

Commissioner Kirkpatrick nominated and Commissioner Elmore seconded nomination for Jon Gerardi as Vice-Chairman.

Commissioner Elmore closed nomination and Commissioner Grace second.

Voting was by secret ballot 1995 - 1996 Vice Chairman Jon Gerardi

Nomination for Secretary

Commissioner Falco nominated and Commissioner Elmore seconded nomination for Keith Kirkpatrick as Secretary.

Commissioner Elmore closed nomination and Commissioner Grace second.

The nomination was approved by acclimation. 1995 - 1996 Secretary Keith Kirkpatrick.

 

ADJOURNED

9:05 p.m. the meeting was adjourned.

 

Respectfully submitted,

 

 

 

Keith Kirkpatrick, Secretary

 

On this ______ day of August, 1995