MINUTES

BOONE COUNTY PLANNING AND ZONING COMMISSION

7:30 p.m. - Thursday, December 21, 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, Chairman Bourbon Township

Keith Kirkpatrick Missouri Township

Mary Sloan Rocky Fork Township

Joe Falco Perche Township

Jon Gerardi Columbia Township

Absent: Jim Beasley Cedar Township

Frank Abart County Engineer

Bill Grace Centralia Township

Also Present: Stan Shawver, Director Don Abell, Staff

Thad Yonke, Staff Noel Boyt, Staff

Commissioner Kirkpatrick made and Commissioner Gerardi seconded a motion to approve the minutes of November 16, 1995 meeting with no corrections.

Motion passed by acclimation.

 

CONDITIONAL USE PERMITS

None Submitted

 

REZONING REQUESTS

None Submitted

 

PLANNED DEVELOPMENTS

Request by Pete Kemper for Henry Ray to approve a Final Development Plan for a

Planned Commercial Development (C-GP) on 3.66 acres, located at 9201 E. I-70 Drive NE

(review plan approved 10/95).

Director Shawver gave staff report stating 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 are 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 existing structures on this tract of land. The 1973 Comprehensive Plan designated this area as being suitable for agriculture and rural residential land uses. In 1992, the Commission heard a request to rezone this tract to C-GP. The review plan submitted at that time indicated that the use was for a commercial auction business. The review plan was approved with 15 conditions. In October 1995, a revised Review Plan was submitted to the Commission for consideration.

That plan was approved subject to the following conditions:

- No outside storage,

- Hours of operation be 8 a.m. to 9 p.m.,

- Landscaping plans will include details of plantings along the 57’ ft. buffer be submitted before final plan,

- No outside speakers,

- Fence on the east side of the property be replaced with 48" woven wire fence,

- Easements to be shown on final plat before plan approval unless a subdivision plat is submitted,

- Fire hydrants be approved by the Boone County Fire Protection District,

- Fire hydrants and water lines be installed prior to occupancy.

Subsequently the County Commission added a condition that drainage from the property not exceed that which existed prior to development.

Jay Gephart approached the Commissioners. He was present for any questions. No questions from the Commissioners.

Motion made by Commissioner Gerardi and seconded by Commissioner Falco to approve the Final Development Plan for Bassett Furniture Planned Commercial Development with the conditions previously approved.

 

Voting was a follows:

Jon Gerardi yes Joe Falco yes

Keith Kirkpatrick yes Mary Sloan yes

Keith Schnarre yes

Motion carried unanimously. 5 yes

Chairman Schnarre advised this would be before the County Commission on January 2, 1996.

 

PLAT REVIEWS

Staff member Don Abell requested that the Woodlands Plat 4A (item #1) and Michael Crane’s Nine Acres (Item #2) be moved to the last of the agenda since the surveyor with the original copy to be signed had not arrived.

 

Valley Creek Plat 4. Located in S3-T48N-R12W. Zoned R-M Godas Development, Inc. owner.

James V. Patchett, surveyor.

Don Abell, gave staff report stating that the five lot subdivision is located along the eastern edge of the Columbia City limits, approximately 630’ ft. north of Clark Lane. The area being subdivided contains 1.23 acres, which is zoned R-M which is an original 1973 zoning. The street serving these lots is Godas Drive. It is an 32’ ft. wide, curb and gutter street that is inside the city limits of Columbia and maintained by the City of Columbia. A traffic analysis conducted by Mr. Elmore in July of 1995 reports that the existing road system is adequate and does not require any modification. Sewage treatment will be a central sewer system that will ultimately empty into a City of Columbia treatment facility. It will either be accomplished by pumping the affluent to the Boone County Regional Sewer District line which serves the Water Edge Development to the north, which in turn empties into a city line. Or it could be accomplished by tapping directly into a city line that crosses property owned by Godas Development. This matter is being negotiated with the City. The site is in Water District No. 2, the District has an existing 6" inch water line to the north of this site. The developer will have to extend the 6" inch line to the tracts. The Water District has approved the proposed water system plans and has indicated there should be fire flows available to the site.

The City of Columbia also has a water line across Godas Drive, however they can not currently serve any additional lots. This plat is within the urban service area of Columbia and has 80 points on the point rating scale. Staff recommends approval.

James Patchett, surveyor, approached the Commission along with Tom Schneider, attorney. Mr. Patchett r explained to the Commission that the plat had been submitted for consideration, then removed from the agenda waiting for something to happen with the City of Columbia. He stated that originally there was a city sewer there that was built as a part of Valley Creek Plat 2. When this plat was submitted as a Preliminary Plat it was advised to use City Sewers which would require annexation. At this point in time, he stated the developer does not care if it is in the county or in the City. He just wants to develop his land. He stated that if annexed they get sewer, but they do not need sewer if they can not get water. The city does not have enough water to serve the area, even though there is an 8" inch line up the property line.

Tom Schneider, attorney, addressed the Commission. He stated the City of Columbia wants Godas to subsidize 2/3 of the cost of extending a half mile water line to this plat. Water is available from Public Water District No. 2. and has been approved by the state. The "Gotch you" is that they have city sewer literally 5’ ft. into the plat. The plat is also served by Boone County Regional Sewer District. The Federal Law provides that a municipality can not curtail water district services where there are outstanding FmHA Bonds for that particular district. He advised there were outstanding FmHA outstanding bonds with District No. 2. which means they can not annex and require Godas to use City water. That issue has been raised with the City in prior cases but in this particular case as of December 18th, 1995 there was no response. The current status of the sewer hang up is that the sewer district requests that a plan be submitted showing pump station which was done on December 18th. It would be the Sewer District’s recommendation to the City of Columbia that it would not be cost effective and should be allowed to access the sewer. The turn around time would be several weeks. The request is that the plat be approved subject to them obtaining a public sewer connection, whichever one it may be.

Chairman Schnarre stated it did not make sense to run the length of the line into the city. Mr. Schneider stated yes, the city in effect requesting an action which it can not by federal law, but they have not gotten through the process of getting it straightened out.


Director Shawver stated they were asking that the plat be approved. It meets all of our requirements for subdivision plat. They are asking that it does not go to County Commission until the sewer system is resolved. It would be one or the other.

Mr. Schneider stated the City has had it for 10 weeks. He was asking that it be approved at this level and address it at the next level.

Jim Patchett stated that one of the reasons it was previously pulled from the agenda was the issue may have been resolved; but since Planning and Zoning does not have a meeting in January that is why it was on the December agenda. If something is settled, the issue would move quickly, otherwise it would be in February before plat would be back.

Motion made by Commissioner Gerardi and seconded by Commissioner Sloan to approve plat with condition that it not go to County Commission until the sewer issue is resolved.

 

Voting was as follows:

Jon Gerardi yes Mary Sloan yes

Joe Falco yes Keith Schnarre yes

Keith Kirkpatrick yes

Motion passed unanimously. 5 yes

 

 

 

The Woodlands, Plat 4A, Final Plat. Located in S21 & 28-T48N-R12W.

Zoned A-R and R-S. Rhodes-Payne Properties Inc., owner. Ron Lueck, surveyor.

Don Abell gave staff report stating this 31 lot Final Plat is part of the 65 lot Preliminary Plat that was approved on August 17, 1995. These are located due north of the existing Plats 2 and 3B of the Woodlands. The area being subdivided is approximately 68 acres, approximately 10 (ten) acres of which are zoned A-R and the remainder is zoned R-S. Both are original 1973 zoning. The Preliminary plat had shown lots that were 1 to 2 acres in size, however, this submission has increased the size of the lots to 2 acres or more.

Sewage treatment will be a S.T.E.P., 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 Area. 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. There is an engineering report currently being reviewed by the Missouri Department of Natural Resources that will determine whether or not the existing El chaparral facility will need to be upgraded to handle this development.

Access to this tract is provided by Winding Trail Drive, which was created by Plats 1, 3A, & 3B of The Woodlands. Since this plat is an extension of these existing plats that were created prior to this years Subdivision Regulation Changes, it is the Staff’s opinion that no off site street improvements be required fro Plat 4. Interior streets will be 28’ ft. wide with an asphalt surface.

Water District No. 9 has informed us that water flows to this site exceed the 250 gpm minimum. Fire hydrant locations have been approved by the Boone County Fire District.

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

Staff recommends approval with the following conditions:

- Water system plans be approved by Water District No. 9,

- Sewer system plans be approved by the Boone County regional sewer District,

- The engineering report for the El Chaparral sewer facility be approved OR

upgrade plans for that system be approved by the Missouri Department of

Natural Resources prior to County Commission approval.

 

Chairman Schnarre asked about the lot size. Mr. Abell stated the lot size increased. The preliminary plat had lots one to two acres in size, this shows lots two acres or more. He understood it was due to sewer district requirements for the increase which made fewer lots.

Ron Lueck, surveyor addressed the Commission. He stated the Sewer District wanted to see two acre lots, that is why it was changed. Mr. John Payne, owner, addressed the Commission. He stated it was a continuation and a step up from that of The Woodlands plat. He has raised the restrictions a little bit. Increased the square footage requirements, requiring paved driveways. Before this can go in, the sewer system will have to go in El Chaparral. The other 58 lots will be going into El Chaparral and the temporary treatment plant on lot no. 1 will be removed.

Mr. Lueck advised the streets would be 4’ ft. (four) wider in this plat 4A and future 4B than in 3A and 3B.

 

 

 

Motion made by Commissioner Kirkpatrick and seconded by Commissioner Gerardi to approve request for The Woodlands, Plat 4A with conditions:

- Water system plans be approved by Water District No. 9,

- Sewer system plans be approved by the Boone County regional sewer District,

- The engineering report for the El Chaparral sewer facility be approved OR

upgrade plans for that system be approved by the Missouri Department of

Natural Resources prior to County Commission approval.

 

Voting was as follows:

Keith Kirkpatrick yes Jon Gerardi yes

Keith Schnarre yes Joe Falco yes

Mary Sloan yes

Motion approved unanimously. 5 yes

 

Michael Crane’s Nine Acres, Minor Plat. Located in S27-T49N-R13W.

Zoned A-R. Michael E. & Sheryl L. Crane , owners. Timothy Capehart, surveyor.

Thad Yonke, staff reported that this 1 (one) lot subdivision is located approximately 1/2 mile south of the intersection of O’Neil Rd. and Fenton Rd. The property is located to the east of O’Neil Rd. but has no direct road frontage. This property is in an original 1973 A-R zoning district. This 9.465 acre lot is being subdivided from a parent parcel of 30.3 acres. The remaining portion is 20.84 acres.

The proposed sewer treatment system is an on-site, individual sewer system.

The applicant has provided a written request for a waiver of the sewage cost benefit analysis.

The applicant has provided a written request for a waiver of the traffic analysis.

This lot will be accessed by way of a previously recorded 25’ ft. roadway easement on the northern adjoining property that runs along the northern property line of this plat. This easement connects to a separate previously recorded 20’ roadway easement that then connects to O’Neil Rd.

Staff recommends approval.

Commissioner Gerardi asked why the panhandle? Mr. Capehart stated they wanted to transfer everything south of the south edge of the road. They wanted to sell it all off. Chairman Schnarre stated that Tract 2 and Tract 3 did not mesh. Mr. Capehart said they had their own access through a 20’ ft. piece on the west side of their two pieces.

Chairman Schnarre asked about the private lanes in regards to the new subdivision regulations. Director Shawver stated that the subdivision regulations allow tracts that are larger than 5 acres (up to 4 lots) to share a common drive way. This could put three (3) more in.


Commissioner Gerardi asked if all platted lots have to boarder a dedication or roadway. Director Shawver stated they had to have access to a public road at some point. That was one of the changes in the Subdivision Regulations that minor plats if lots were larger than five (5) acres could share a private easement.

 

 

 

 

 

Commissioner Gerardi made and Commissioner Kirkpatrick seconded motion to approve Michael Crane’s Nine Acres, Minor Plat and to grant a waiver of the requirements for a sewage cost benefit analysis and for a traffic analysis.

Voting was as follows:

Jon Gerardi yes Keith Kirkpatrick yes

Joe Falco yes Mary Sloan yes

Keith Schnarre yes

Motion was approved unanimously. 5 yes

 

OLD BUSINESS

Revision to the Subdivision Regulations

Director Shawver handed out the approved revision to the Subdivision Regulations that were approved by the County Commission on November 30, 1995.

Director Shawver stated that January 2, 1996 at the County Commission would review a petition to vacate lots 61 and 62 of Trails West Subdivision, Plat 6. Then if the County Commission does approve the vacation and the content of the replat, Planning and Zoning would have the replat of Trails West on the agenda and the final plat of Brennens Ridge for the February meeting.

 

Boone County Long Range Plan

Director Shawver handed out four (4) copies of the Boone County Long Range Plans. Meeting would be scheduled possibly in mid-January. Copies to be reviewed and to answer any questions and then a meeting in the evening. Four copies are to be shared by the Planning and Zoning Commissioners.

 

NEW BUSINESS

None.

 

ADJOURNED

Being no further business, the meeting was adjourned at 8:12 p.m.

Respectfully submitted,

 

 

 

Keith Kirkpatrick

Secretary

On this 15th day of February 1996.