MINUTES

BOONE COUNTY PLANNING AND ZONING COMMISSION

7:30 p.m. - Thursday, February 15, 1996

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

Bill Grace Centralia Township

Absent: Jon Gerardi Columbia Township

Frank Abart County Public Works

Position open Cedar Township

Also present: Stan Shawver, Director Don Abell, Staff

Thad Yonke, Staff Noel Boyt, Staff

Commissioner Kirkpatrick made and Commissioner Falco seconded a motion to approve the minutes of December 21, 1995 meeting with no corrections.

Motion passed by acclimation.

Chairman Schnarre read a procedural statement.

 

CONDITIONAL USE PERMITS

None Submitted

 

REZONING REQUESTS

Request by Frank and Mildred Elkin to rezone from A-1 (Agriculture)

to A-R (Agriculture - Residential) of 72.12 acres, more or less, located at

8501 E. Owens School Road, Hallsville.

Don Abell, gave staff report stating that this site is located approximately 1/3 mile east of Hallsville on Owens School Rd. Adjacent zoning is A-1 to the north, A-2 to the east, A-2 to the south, and A-R to the west. There is a barn on the property, as well as several ponds. The land is fenced and is used for livestock. There are no proposed uses planned at this time. The 1973 Comprehensive Plan designated this area as being suitable for rural residential uses. The 85% submission for the 1996 Comprehensive Plan designates this area as being suitable for residential land uses. There have been no previous rezoning requests submitted on behalf of this tract of land.

This area is currently served by a 4" water line along Level Rd. and a 3" water line along State Highway OO. Water District #4 has stated that the minimum residential fire flows can be met in this area. The property is within 1/3 of a mile of the City Limits of Hallsville, is in the Hallsville R-4 School District, and is approximately one mile from the nearest fire station. There is an insignificant amount of Flood Plain at the northeast corner of the property and it is not in a designated Sink Hole Area. Road access to this property is by way of a state maintained "blacktop" highway and by county maintained gravel surface roads. There are no existing centralized sewer systems available at this site, at this time. This property has 57 points on the point rating scale and is therefore within the urban service area of Hallsville. Staff notified 28 property owners.

Mr. Frank (Bud) Elkin, 107 Fairview, Hallsville, addressed the Commission. He stated the property never should have been zoned A-1. He stated it was not A-1 prime agricultural land, but has been used as pasture for the past fifty or so years. He continued that at his age he wanted to have the property rezoned so that it will be easier for his wife to dispose of once he is gone.

Open to public hearing

Mr. Reuben Carter, Jr., 8390 Rte OO, Hallsville, addressed the Commission. He stated he was representing the Highway OO Neighborhood Association. He stated they approved of the rezoning and had no opposition. He continued that they would want to be informed of any other rezoning or development in the future.

No one spoke in opposition of the request.

Chairman Schnarre stated that in looking at the property, it had A-R zoning adjacent on the west, and A-2 zoning on the east. He continued that it was jumping two zonings ranges from A-1 to A-R, but that he did not see any problem with the request.

Commissioner Kirkpatrick agreed with the Chairman that it jumped two zoning classifications which was somewhat unusual. The property did have A-R zoning on three sides and what was not A-R was A-2. He stated it was probably a good way to proceed.

Commissioner Sloan made and Commissioner Grace seconded a motion to approve the request of Frank and Mildred Elkin to rezone from A-1 (Agriculture) to A-R (Agriculture - Residential) of 72.12 acres, more or less, located at 8501 E. Owens School Road, Hallsville.

Voting was as follows:

Mary Sloan yes Bill Grace yes

Keith Schnarre yes Keith Kirkpatrick yes

Joe Falco yes

Motion carried unanimously. 5 yes

Chairman Schnarre advised this would go before the County commission on

February 27, 1996 at 7:00 p.m.

Request by Richard Eusebeus Allen to rezone from A-1 (Agriculture) to

A-2 (Agriculture) of 11.75 acres, more or less, located at

6151 N. Liddell Lane, Columbia.

Thad Yonke, gave the staff report stating that the property was located on Liddell Lane, approximately 2.5 miles northeast of the city of Columbia. The site encompasses the corner of Liddell Lane and Mt. Hope Road. The property is currently zoned A-1 (AGRICULTURE-1), as is the property to the east. The property to the north, west, and south is currently zoned A-2 (AGRICULTURE-2). The current land use is composed of 2 single family dwellings. The applicant indicates an intention to subdivide this property into smaller tracts for his family. The 1973 Comprehensive Plan designated this area as being suitable for agricultural and rural residential land uses. The 85% draft of the 1996 Comprehensive Plan designates this area as being suitable for agricultural/undeveloped land uses. The applicant owns the adjacent 38.25 acre tract to the west that is zoned A-2. This adjacent tract is separated from the subject tract by the range line dividing Range 11 from Range 12. This range line is also the dividing line between the A-1 and A-2 zoning districts in this area. The site is within Boone Electricís service area. Sewage is currently handled by on site lagoons. Although the site is located within Water District # 9, the district has no close main water lines but has agreed to an arrangement with Water District #2 to provide service. Service will be provided from a 2" main water main line that is to the south of the property. The water meter will remain inside District #2 with a long private service line actually serving the property. There are no main gas lines in the area. The point rating system point value for the property is 30. In 1991, a 7.25 acre tract immediately south of the subject tract was rezoned from A-1 to A-2. The tract that was rezoned in 1991 is owned by Michael Cunningham. Staff notified 11 property owners.

Mr. Richard Eusebeus Allen owner, 6151 Liddell Lane, approached the Commission. He stated he had lived there over 60 years. The reason for the request was to let his grandson (Kirby McKenzie) have part of his land to build a home. Kirby Mckenzie, was also present for any questions.

Stephen Reeves, 8100 E Mount Hope Road (northwest of property) addressed the Commission. He stated he was in favor of the rezoning .

No one spoke in opposition.

Commissioner Kirkpatrick asked staff to clarify which Water District serviced the area. Mr. Yonke advised it was Water District No. 2.

Chairman Schnarre ask if staff had any reservations regarding the request? None were given.

Chairman Schnarre stated he had no problems with the request. Commissioner Kirkpatrick stated this rezoning was another one that made sense.

Commissioner Grace made and Commissioner Falco second a motion to approve the request by Richard Eusebeus Allen to rezone from A-1 (Agriculture) to A-2 (Agriculture) of 11.75 acres, more or less, located at 6151 N. Liddell Lane, Columbia.

 

 

 

Voting was as follows:

Bill Grace yes Joe Falco yes

Keith Kirkpatrick yes Mary Sloan yes

Keith Schnarre yes

Motion carried unanimously. 5 yes

Chairman Schnarre advised this would go before the County Commission on

February 27, 1996 at 7:00 p.m.

 

PLAT REVIEWS

Bassett Furniture Plat 1-Final Plat. Located in S7-T48-R11W. Zoned C-CP

Final Development Plan approved 12/21/95). Pete Kemper, Owner.

Nathan Lacy, surveyor.

Don Abell gave staff report stating that this is a one lot Final Plat of 3.66 acres

The Review Plan for this development was approved by this Commission and the County Commission in October of 1995 with several conditions. The Final Development Plan met these conditions and was approved in December of 1995. This Subdivision Plat serves to dedicate the easements as shown on the Final Development Plan and create a legal lot for transfer.

One of the conditions was that the fire hydrant locations have to be approved by the Boone County Fire District. Hydrant locations have been approved by the Fire District.

The hydrants will be served by a 12 inch water line, to be extended from an existing line at Route Z. Engineered water plans have been submitted and are being review by Water District #9.

Sewage treatment will be an on-site sewage lagoon to be approved by the Missouri Department of Natural Resources.

This property has 58 points on the point rating scale.

Staff recommends approval.

Chairman Schnarre stated that this was the ending process of what the P & Z Commission had been doing for the last two (2) meetings.

Commissioner Falco made and Commissioner Kirkpatrick second a motion to approve Bassett Furniture Plat 1, Final Plat.

Voting was as follows:

Joe Falco yes Keith Kirkpatrick yes

Bill Grace yes Keith Schnarre yes

Mary Sloan yes

Motion carried unanimously. 5 yes

 

 

OLD BUSINESS

Consider removing condition for access placed on preliminary plat of

Brennen's Ridge Subdivision.

 

Director Stan Shawver gave the staff report. He stated that in April, 1995, the County Planning and Zoning Commission considered a preliminary plat for an area known as Brennenís Ridge Subdivision. It was located west of Columbia in the Midway area. The property is zoned R-S (Single family residential). It comprised approximately 93 acres. The preliminary plat was to subdivide it into approximately 325 lots.

At the meeting, April, 1995, the Planning and Zoning Commission approved the preliminary plat with the condition that a road access be provided across lot 61 and lot 62 of Trails West Plat 6 Subdivision. The road access would connect Southeast Trails Drive in Trails West and OíCarr Drive within Brennenís Ridge Subdivision. The road was to be built to county standards. The lots in Trails West would have to be replatted and street shown on final plat of Brennenís Ridge.

At that time, (April Ď95) the Subdivision Regulations of Boone County only required one (1) access to a development. The Planning and Zoning Commission, based on the number of lots contained in the preliminary plat of Brennenís Ridge made a requirement for a second access through Trails West. The developer (Rhodes-Payne, Inc.) submitted a petition to the County Commission requesting that the lots in Trails West, which they owned, be vacated with a subsequent request that they be allowed to replat the two lots for the required street. The replat would include the road that would connect Trails West Subdivision and Brennenís Ridge Subdivision. The County Commission considered that request at a public hearing on January 2, 1996. After full consideration of the request, and in accordance with the requirements of the Subdivision Regulations in force at the time, the County Commission denied the request to vacate the two lots.

The developer was present at the meeting on January 2, 1996. Following the meeting, the staff discussed with Mr. Payne the fact that he had an option to return to the Planning and Zoning Commission to ask that the requirement for the second access through Trails West be removed from his approval of the Preliminary Plat. Since the original approval was granted in April1995, revised Subdivision Regulations took effect June 1995 that require developments having more than 100 Single family lots or more than 50 multiple family lots to have at least two entrances.

The Planning and Zoning Commission has not met since the County Commission denied the Rhodes-Payne petition to vacate and replat the lots in Trail West Subdivision. Mr. Payne was notified that this item was placed on tonightís agenda for consideration of removing the Trails West access requirement. Director Shawver had not noticed Mr. Payne or a representative in attendance at tonightís meeting. He suggested that it would be appropriate for the Commission to table consideration of any request to remove the restriction at this time.

Chairman Schnarre ask if there was anyone present who was representing Rhodes-Payne Properties, Inc.? No one came forward or spoke out to represent said group.

Chairman Schnarre suggested that the action be tabled at this time.

Commissioner Kirkpatrick stated he could not imagine Rhodes-Payne Properties, Inc. would not want to see that restriction removed. Commissioner Kirkpatrick wanted to hear what they had to say, but since no one was in attendance, action should be tabled.

Commissioner Kirkpatrick made and Commissioner Sloan seconded motion to table item No. 1 under Old Business until Rhodes-Payne Properties, Inc. were available to attend a regular scheduled meeting.

Voting was as follows:

Keith Kirkpatrick yes Mary Sloan yes

Joe Falco yes Bill Grace yes

Keith Schnarre yes

Motion passed unanimously. 5 yes

 

Appoint replacement for Plan Working Group.

Director Shawver advised the Commissioners that Commissioner Jim Beasley, Cedar Township, had submitted his resignation to the County Commission. The County Commission is in the process of seeking replacements for him on Planning and Zoning Commission. Director Shawver stated there may be a replacement at the March Planning and Zoning Commission Meeting.

Director Shawver stated that Mr. Beasley was relocating from the area and moving to St. Joseph, MO the end of the month. Mr. Beasley was representing the Planning and Zoning Commission on the Plan Working Group on the Comprehensive Plan-Master Plan for Boone County. The Plan Working Group is made up of representatives from the Long Range Planning Steering Committee the County Commission appointed. These being members from the Planning and Zoning Commission, 2 chairs of the Long Range Planning Steering Committee, Public Works Director, and the County Planning Director. Mr. Beasley was representing Planning and Zoning Commission along with Keith Schnarre and Jon Gerardi.

The Plan Working Group will be coming together in a few weeks and it would be appropriate to have a replacement for Mr. Beasley.

Chairman Schnarre stated there were three eligible, Bill Grace, Mary Sloan and Joe Falco all who were present.

Commissioner Kirkpatrick stated it was pretty straight forward. The Plan Working Group takes recommendations from the Long Range Planning Steering Committee, studies the recommendations and advises the Planning and Zoning Commission on whether or not the recommendations should be accepted. He continued that since the Plan Working Group started, they have met a total of 2-3 times over one year. Now that the Long Range Planning Steering Committee met last Tuesday and formulated a recommendation and has been forwarded to the Plan Working Group.

Commissioner Falco asked how many persons served on the Planned Working Group? Director Shawver stated there were 14. He stated that the Long Range Planning Steering Committee at one time consisted of 32 members now paired down to 26 members.

Chairman Schnarre appointed Commissioner Mary Sloan to the Planned Working Group replacing Commissioner Jim Beasley.

Director Shawver stated the next meeting for the Planned Working Group was March 6th, at 5:00 p.m.

Commissioner Abart came into the Planning and Zoning Commission Meeting at 8:03 p.m. He apologized he had accidentally double booked another meeting he attended at 7:00 p.m.

 

NEW BUSINESS

None

 

ADJOURN

Being no further business, the meeting was adjourned at 8:07 p.m.

Respectfully submitted,

 

 

 

Keith Kirkpatrick

Secretary

Approved on this 21st day of March 1996.