MINUTES

BOONE COUNTY PLANNING & ZONING COMMISSION

7:30 P.M. - THURSDAY, AUGUST 17, 1995

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

 

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

Motion passed by acclimation.

CONDITIONAL USE PERMITS

None Submitted

REZONING REQUESTS

1. Request by Mt. Pleasant Baptist Church, Inc., to rezone from A-2 (Agriculture)

to A-R (Agriculture Residential) of 2 acres, more or less, located at 21479 S South

Mt. Pleasant Rd., Hartsburg.

Stan Shawver, Director gave staff report to the Commission. He stated this property is located on South Mt. Pleasant Rd, approximately 2 miles east of Hartsburg. The property is zoned A-2 (Agriculture), as is property to the north and south. Property to the west is zoned A-R/PRD. Land to the east across Highway 63 is zoned A-1. The site includes Mt. Pleasant Baptist Church. This request is to rezone 2 acres to A-R (Agriculture Residential). If the request is approved, the applicant will submit an application for a conditional use permit for a day care center/preschool. 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 15 property owners concerning this request.

Mike Quinn, pastor of Mt. Pleasant Church addressed the Commission. He lives at 21479 S. Mt. Pleasant Road in the parsonage next to the church. He corrected the number to be 21479 and not 21495. He stated the church wanted to rezone to start a Christian Pre-school. There were church members with small children and families in the community who have children 2 -5 years of age that would attend. Pastor Quinn stated that Tammy Carwile would be the director and would have more information concerning the request.

Tammy Carwile addressed the Commission. She stated with the application there were photographs and room sizes. She advised the pre-school would have no more than 50 pre-schoolers, after school would be an additional 25 children maximum. During school summer vacation, there could be summer time care for school age children (number of children in this age group not given).

Chairman Schnarre asked if this would be a co-op type, for profit or non-profit. Ms. Tammy Carwile stated it was non-profit.

Ms. Carwile stated that the state had come to the church and did a preliminary inspection. Issues on safety, and new standards now require that religious/Christian organized pre-school and daycare centers are registered, inspected and approved.

Open to public hearing

Mike Bollinger, near by resident and attending the church addressed the Commission. He stated he thought it would be a nice addition to the area. He stated there was other development in the area. It is an ideal location, does not effect residential sites. He stated this site was not in the middle of a neighborhood. This would be a good benefit to the community. The church is a nice resource for the facility. Large rooms, cafeteria available, it will not require very much modification.

Ms. Sharon Jennings, 80 S Second Street in Hartsburg and a member of Mr. Pleasant Baptist Church approached the Commission. She is a first grade teacher and had people ask her if there was a Christian daycare available in the community but other than a few home daycareís, there was none in the area.

No one spoke in opposition

Commissioner Gerardi confirmed that housing 50 children in the existing structure was their intent. Ms. Carwile agreed. Chairman Schnarre asked if the two (2) acres were the whole tract that the church owned. Director Shawver responded that the 2 acres in the request is the entire acreage owned by Mt. Pleasant Church. Chairman Schnarre asked if the wastewater would be connected to Eagle Knoll Golf Course. Director Shawver responded that it is the long term intent to connect to Eagle Knoll. However, the golf course has just received their construction permit. It may be several months before the sewer system becomes available for connection with the church.

Commissioner Kirkpatrick commented he could not see how anyone could be opposed to a use like this. He wanted to see the plans for the total two acre tract addressed when the Conditional Use is submitted to Planning and Zoning. Commissioner Kirkpatrick stated he would hate to see it rezoned to A-R now, and then in the future a request for residential use be made.

Commissioner Gerardi asked if the reason it was submitted for rezoning was because the day-care was not permitted use in A-2, but it will be in A-R. Director Shawver stated that was correct.

Commissioner Gerardi made and Commissioner Elmore second a motion to recommend approval of the Mt. Pleasant Baptist Church request to rezone from A-2 to A-R.

Voting was a follows:

Jon Gerardi yes Stan Elmore yes

Joe Falco yes Keith Kirkpatrick yes

Bill Grace yes Keith Schnarre yes

Motion passed unanimously 6 yes

 

2. Request by Zumalt Properties, LLC, to rezone from A-2 (Agriculture) to R-S

(Single Family Residential) of 5.12 acres, more or less, located at 1520 S

Rte K, Columbia.

Stan Shawver, Director gave staff report to the Commission. He stated this property is located approximately 1/2 mile south of Columbia on State Route K. The property is zoned A-2 (Agriculture), as is all of the property to the south and east. Land to the west is zoned R-M, to the north is zoned R-S. This request is to rezone 5.68 acres to R-S (Single Family Residential). If approved, the owner proposes to develop the property into single family residential dwellings. There have been two previous requests to rezone this tract of ground. In 1990, a request was submitted to rezone the land the C-O, Office Commercial. That request was denied. In May 1995, a request was submitted to rezone the property to R-D zoning. That request was denied. The comprehensive plan designates this site as being suitable for agriculture and rural residential land uses. Staff notified 142 property owners concerning this request.

Director Shawver stated he received a letter of support from McGee Construction Inc. which is the developer and owner of the Bon Femme Estates development immediately to the east of the property.

David Rogers, attorney at 813 E. Walnut St. approached the commission on behalf of the owners. He stated that the same 8.5 acre tract was before Planning and Zoning about 90 days ago at which time duplex zoning was denied. The applicant returns tonight with a request for R-S zoning (single family). He stated that the preliminary plat has not yet been completed but it is anticipated that the property will be developed into approximately 20 single family lots.

Mr. Rogers showed the Commission with an aerial map showing the tract. The area to the west is mostly zoned R-M, area to the east has been subdivided into large acreage lots and is the source of the letter of support which had been submitted. He stated it was anticipated the property may be developed in a long cul-de-sac with a connection with Amos Drive and one access out onto Rte K. That would be addressed at the time of submitting the preliminary plat. He stated the owner anticipates a lagoon will be developed in the southern portion of the property. The engineers are working with the Sewer District. The existing lagoons to the southwest of the property which serve the subdivision on the west are at, or near capacity at the present time. He stated he anticipated it would be platted in a traditional fashion although the lot lends itself to a planned unit development because of the stream and the heavy trees on the south.

Chairman Schnarre confirmed that the front portion of the tract was already zoned R-S and the back 2/3 of the property was being rezoned. Director Shawver confirmed that was correct.

Open to the public

Mark Hopwood, 3913 Woods Edge, owns property in the Bonne Femme Estates that is immediately to the east, approached the Commission. He stated the rezoning was a good idea. He stated they wanted to see some new development next to his and did not see a problem with it.

John McGee, at 3217 West Creek Circle, Columbia, approached the Commission. He stated in addition to his letter of support, one of the lot owners and one of his partners in the Bonne Femme Estates subdivision, Mr. Gary Evens, Tom Mendenhall and Mary Luzar would also like to lend their support to the project. They had asked him to appear on their behalf since all three were out of town. He continued that the rezoning was a good idea, everybody should have reasonable right to have just and fair zoning. In speaking to Mr. Zumalt they thought his intentions were honorable and he would do a good job.

No one spoke in opposition to the request.

Commissioner Grace asked if the single family home sites would be developed as rental units or to be sold. Mr. Zumalt spoke out and stated they intend to sell the houses.

Chairman Schnarre stated that of all of the applications submitted for this tract of land, this is the most pleasing one presented.

Commissioner Kirkpatrick agreed with Chairman and Commissioner Falco also agreed.

Commissioner Kirkpatrick continued that the owner does have the right to use the land and profit from it.

Commissioner Falco made and Commissioner Kirkpatrick seconded a motion to recommend approval of the Zumalt Properties Inc., request to rezone from A-2 to R-S.

Voting as follows:

Joe Falco yes Keith Kirkpatrick yes

Jon Gerardi yes Bill Grace yes

Keith Schnarre yes Stan Elmore yes

Motion to recommend approval of the rezoning request carried unanimously 6 yes

 

PLAT REVIEWS

1. Holzhauser Subdivision, final plat. Located in S22-T47N-R13W. Zoned A-2.

Crane Enterprises, Inc. owner. Donald E. Bormann, surveyor.

Don Abel gave staff report. He stated it was a one lot, five acre parcel located approximately one mile east of Smithís Feedmill off of Woodie Proctor Road. The roadway from Woodie Proctor Road to this tract is currently maintained by the County as a minimal maintenance roadway, however, the County and the adjacent property owners are currently in the process of establishing this as a full maintenance roadway. However, a single five acre lot is not required to have frontage onto a public road. The existing driving surface ends at the edge of this tract and at the request of the Public Works Dept. the owner has dedicated a temporary turn around right of way at the end of the existing pavement. The owner has also dedicated a right of way along the northern edge of this lot for future extension. It is not the ownerís intention, nor is it the Planning Dept. or Public Works Dept.ís desire to have the owner build this extension. Therefore, you will find in your packets a letter from the surveyor, Don Bormann, requesting a waiver of the bond/construction requirement. You will also find a request for a waiver of the sewage cost benefit analysis. The new Subdivision Regulations have the provision that the Commission can waive this requirement when only one type of wastewater collection and treatment is feasible upon clear and convincing evidence and objective criteria.

Proposed sewage treatment is an on site sewage lagoon.

Staff recommends approval.

Chairman Schnarre asked staff if they had any problems either way in this discussion. Don Abell stated it could not require them to dedicate the right-of-way, so any right-of-way they dedicate would be a good thing.

Chairman Schnarre asked staff if the two waivers should be included in the motion. Director Shawver stated it should be in the motion.

Commissioner Elmore made a motion to approve the plat amended to include the road construction bond waiver and the waiver from the requirement to do a cost benefit analysis . Commissioner Falco seconded motion.

Voting was as follows:

Stan Elmore yes Joe Falco yes

Keith Kirkpatrick yes Jon Gerardi yes

Bill Grace yes Keith Schnarre yes

Motion carried unanimously 6 yes

 

2. The Woodlands, Plat 4, preliminary plat. Located in S21 & S28 - T48N-R12W.

Zoned A-R and R-S. Rhodes-Payne Properties, Inc. owner. Timothy D. Capehart, surveyor.

Don Abell gave staff report. He stated this 65 lot subdivision is located due north of the existing Plats 2 and 3B of The Woodlands. The area being subdivided is approximately 110 acres, approximately 100 acres of which are zoned R-S, allowing 7000 square foot lots and approximately 10 acres of which are zoned A-R, allowing 1/2 acres lots. Both are original 1973 zonings. The developer is proposing lots that range in size from 1 acre to 3.5 acres.

Sewage treatment will be a pressure sewer to central collection system maintained by the Boone County Regional Sewer District that goes to the existing central treatment facility that serves the El Chaparral Subdivision. All plans to be approved by the Boone County Regional Sewer District. This will then tie the entire development area of The Woodlands into the El Chaparral facility and the sewer plant currently serving The Woodlands will be removed.

Interior streets will be paved and maintained by the Public Works Department.

The plat has also been reviewed by the USDA-Natural Resources Conservation Service (formerly known as the Soil and Water Conservation District). Frank Gordon, District Conservationist, reports that soil erosion on this tract should not be a major concern because this tract has been in the Conservation Reserve Program (CRP) since 1987 and present ground cover is sufficient to prevent excessive sheet and rill erosion during development.

This plat is within the Urban Service Area of Columbia and has 79 points on the point rating scale.

Staff recommends approval.

John Payne approached the commission and stated he would answer any questions and the engineers were present to answer any questions.

Commissioner Elmore made and Commissioner Kirkpatrick seconded a motion to approve the preliminary plat of The Woodlands, Plat 4.

Voting as follows:

Stan Elmore yes Keith Kirkpatrick yes

Keith Schnarre yes Bill Grace yes

Jon Gerardi yes Joe Falco yes

Motion to approve carried unanimously 6 yes

 

3. Hill Creek Road Estates, minor plat. Located in S14-T47N-R13W. Zoned A-2.

William S. and Gene T. Irvin, owners. Brian Dollar, surveyor.

Don Abell gave staff report. He stated this 2 lot subdivision is located just south of Hill Creek Subdivision and at the intersection of High Point Lane. and Hill Creek Rd. Both lots meet the minimum lot size for this original 1973 A-2 zoning district.

Additional right of way has been dedicated.

A sewage cost benefit analysis and separate lagoon site diagrams have been provided and copies are in the packets.

Staff recommends approval.

Chairman Schnarre asked what was looked at in the cost analyst to make the decision? Gene Poveromo stated the regulations do not call for any specific analysis. The commission may want to decide if they want to see this information on a two (2) lot subdivision if they feel it is necessary. Or draw the line and say on five (5) lots you want to see this information.

Chairman Schnarre stated that it is almost assured that until certain lot sizes are reached, it will be more beneficial to go with an on-site system. Mr. Poveromo stated unless there was a sewer line within so many feet of the development, you may not have a choice. It may be an option to go with.

Mr. Abell stated only the commission had the right to wave that requirement.

Commissioner Gerardi asked if Mr. Dollar was present. Mr. Poveromo advised he was not. Commissioner Gerardi stated that it looked like the numbers were inflated costs. It may be due to the fact there are no economy of scale dealing with two lots or the next one is Garrett Estates. Looks like both are very inflated. The ratio might very well be correct. He continued that without seeing how the information was generated, and how the dollar value is formulated may not be the best thing. Obviously it will be designed to achieve the end of the individual who wishes to put in place a central system or a lagoon system and priced accordingly.

Mr. Poveromo stated maybe a list of numbers for certain type of construction should be collected. Get a general idea on the cost to install a lagoon, installation of a collection system. Something to compare the costs submitted by the developer.

Commissioner Elmore stated the people who design these kind of facilities and the ones who have to sign off on them before they get built are registered engineers. This report bears a seal and signature of a registered engineer, he thought it should stand on its face value.

Commissioner Gerardi agreed he was a registered engineer. He did not know if it said any more for development of construction cost than anyone else. He thought the ratio was right. But the costs are not going to mean a lot to the commissioner in each instance if they did not how the costs were developed and implemented.

Mr. Poveromo stated that as time goes on, the numbers and theories will be more understood for the high and lows.

Chairman Schnarre asked if it was possible to set a waiver at a certain number of lots.

Direction Shawver stated it would have to be a different process. Mr. Poveromo stated he would like to have staff talk to the developer or engineer and ask for a cost estimate. If they feel differently, they could address the commission at the meeting and state they wanted a waiver in this situation. Then staff could present why a cost estimate should be required. Take it on a case by case basis. Then if staff feels that there is a particular circumstances with two or three lots there should be a cost estimate, the staff could approach the commission.

Chairman Schanrre asked if the motion had to state which method to be accepted. Director Shawver advised yes, need to state what is approved.

Mr. Poveromo stated that they submitted the plat with a cost benefit analysis that shows the on site as more economical than the central collection system. Chairman Schanrre stated that the commission feels that it reasonable.

Commissioner Grace stated then it should be recommended in the request which one is preferred. The engineer should say this is 20% higher but we recommend such system.

Commissioner Kirkpatrick stated it could be noted on the plat.

Director Shawver stated it was the Commissionís decision by the way the regulation is stated in Boone County, Missouri Land Use Regulations (Subdivision Regulations)

Page 41 3.2 On-Site Treatment

"If a cost benefit analysis is performed and the Commission determines a

centralized collection and treatment system is more economically feasible

and beneficial than use of an on-site systems, then an engineered centralized

collection and treatment system shall be designed and used within the

subdivision and such collection treatment system shall be conveyed and

transferred to the public governmental agency providing wastewater treatment

having jurisdiction".

Chairman Schanrre stated that if commission does not say they can use on site; if we want the centralized we have to state it.

Shawver continued that when "the commission determines that a central collection treatment is not feasible, small on site wastewater systems shall be permitted".

Commissioner Gerardi stated it was an interesting step because they were comfortable before in saying the Dept. of Natural Resources were to decide and the commission did not have to. He continued that now the commission will endorse a sewer system.

Commissioner Elmore made and Commissioner Falco seconded motion to approve the plat of Hill Creek Road Estates with an on site system approved for individual lots.

Voting was as follows:

Stan Elmore yes Joe Falco yes

Keith Kirkpatrick yes Jon Gerardi yes

Bill Grace yes Keith Schnarre yes

Motion to approve carried unanimously 6 yes

 

4. Garrett Estates, minor plat. Located in S5-T49N-R12W. Zoned A-2.

Donald E. and Berta Dean Garrett, owners. Brian Dollar, surveyor.

Don Abell gave staff report. He stated this 3 lot subdivision is at the northeast corner of the intersection of McGee Rd. and Boatman Hill Rd. All three lots meet the 2.5 acre minimum lot size for this original 1973 A-2 zoning district.

Additional right of way has been dedicated.

A sewage cost benefit analysis and separate lagoon site diagram has been provided. There is one item of concern that the Commission needs to be aware of. Lot 3 will be creating a non-conforming lagoon setback for the existing lagoon. It is proposed that an easement be recorded around this lagoon for maintenance and runoff purposes that may allow the Health Department to grant a variance of the setback requirement. However, Mr. Worley at the Health Department is not available this week to verify this. Therefore, staff recommends that the Commission approve the plat with either a condition that Health Department approval be received prior to County Commission approval OR have the chairman withhold his signature until Health Department approval is received.

Chairman Schnarre asked staff if Lot 4, had a separate owner?

Don Abell stated that was correct.

Chairman Schnarre stated he had a "lot of questions" on this one and there was no one present to represent them to answer questions.

Discussion to table or deny followed. Director Shawver stated it should be denied unless the developer was present and agreed tabling was in order.

Director Shawver stated it was the Commissions decision by the way the regulation is stated in Boone County, Missouri Land Use Regulations (Subdivision Regulations)

Page 13 1.7.3.1 Commission Review

"The Commission shall review any final plat submitted to it and upon

review shall approve or disapprove the final plat. The Commission

may conditionally approve the final plat and table final approval if the

Commission determines that any deficiency in the final plat can and

will be corrected prior to its regular meeting; otherwise, such final plat

shall be deemed disapproved. If approved, the final plat shall be signed

by the chairperson of the Commission and forwarded to the County

Commission for review; if disapproved, the reasons for disapproval

shall be set forth in the Commissionís minutes and shall be final unless

the subdivider whose final plat has been disapproved files an appeal of

the disapproval with the County Commission within three (3) business

days of disapproval on forms supplied by the Director stating reasons

for appeal. A final plat may be disapproved if it is found that it is

inconsistent with the county master plan, is not in compliance with

these regulations, the zoning regulations of the county, the thoroughfare

plan of the county, is not in conformity with the approved preliminary plat,

does not satisfy conditions imposed for conditional approval of the

preliminary plat, or is not in compliance with other applicable, county,

state or federal regulations."

 

Commissioner Kirkpatrick was surprised the developer was not present. He stated it was not a straight forward plat and a lot of questions need to be answered.

Chairman Schnarre also stated he was not comfortable without answering questions.

Commissioner Elmore made and Commissioner Gerardi seconded motion to deny Garrett Estates final plat due to insufficient information being available abut existing wastewater systems shown on the plat.

Voting was as follows:

Stan Elmore yes Jon Gerardi yes

Keith Schnarre yes Bill Grace yes

Keith Kirkpatrick yes Joe Falco yes

Motion to deny the plat carried unanimously 6 yes

 

 

 

 

 

OLD BUSINESS

Request by Crown Power & Equipment Company for approval of a

review plan for a Planned General Commercial (C-GP) development located

at 1851 E Prathersville Rd.

Director, Stan Shawver gave staff report. He stated this property is located approximately 1 1/2 miles north of Columbia on Prathersville Rd. The property is zoned A-2, as is the land to the north, south and east. Land to the west is zoned R-M. The property is currently vacant. In September 1993, an application was submitted to rezone this property to C-GP (planned Commercial). The request was upheld, however, zoning cannot change until both a review plan and a final development plan are approved. This request is for approval of the review plan. Staff notified 51 property owners concerning this request.

Ron Shy, 5600 S. Hwy. KK approached the Commission. He stated this is the Crown Power and Equipment proposed new location. Crown Power is not new to the community. This particular plan is located at the intersection on Prathersville and Hwy. 63 north. Harold Chapman was present to represent the owner.

Chairman Schnarre asked if conditions could be placed on the plan? Director Shawver stated yes. Chairman Schnarre asked if staff had any problems with the plan? Don Abell stated the Fire District did not return the plans until the day before the meeting. They did express an opinion about the placement of fire hydrants.

Mr. Shy stated the Fire Department wants to try to service this structure with a fire hydrant with n 150 ft. which was a new requirement since he was not aware of the new regulation.

Mr. Shy advised the city had to pass a resolution to accept the sewer into the city system. That has been done by the city and has passed. He stated he had met with County officials for alignment of this sewer across the county land near the old juvenile justice center. Everyone is in agreement on that alignment. He was in the process of the design of the sewer line to said property. He stated it should be completed sometime next week.

Commissioner Grace asked if there was an access to 63 just at the Prathersville. Mr. Shy stated it had access to Prathersville Rd, which has an interchange on Highway 63.

Commissioner Falco asked about the problems regarding the fire hydrant. Mr. Shy stated Ken Hines indicated that the water lines needed to serve the buildings within 150 ft from a fire hydrant. He stated it was shown at 400 ft. If the regulation has to be meet, a main extension to the north or south side around the building would have to be built to serve the western most building.

Commissioner Grace asked where the sewer goes. Chairman Schnarre advised it was connected to the city system.

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

Commissioner Grace stated it looked like there was an existing house next to the property line. Mr. Shy stated there was a house and a mobile home.

Chairman Schnarre stated this was a good use for the area. He saw no problems as long as conditions are corrected before the final review plan is presented.

Commissioner Falco made and Commissioner Grace seconded a motion to recommend approval of the review plan for Crown Power and Equipment Co. for a C-GP development with the stipulation that the fire hydrant placement be resolved to the satisfaction of the Boone County Fire District.

Voting was a follows:

Joe Falco yes Bill Grace yes

Jon Gerardi yes Stan Elmore yes

Keith Schnarre yes Keith Kirkpatrick yes

Motion to recommend approval carried unanimously 6 yes

REPORT FROM STAFF

Conditional Use Permit for a group home day care by David and Jacqueline Carter was approved as recommended.

Rezoning for Seabaugh/Heifner Communications was appealed and recommendation of denial was upheld.

Revised Review Plan of Pete Kemper and Henry Ray, was not appealed to the County Commission. Denial stands.

NEW BUSINESS

None

ADJOURNED

8:39 p.m. meeting adjourned.

 

Respectfully submitted,

 

 

 

Keith Kirkpatrick

Secretary

On this _________ day of September, 1995