MINUTES

BOONE COUNTY PLANNING AND ZONING COMMISSION

7:30 p.m. - Thursday, March 21, 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

Jon Gerardi Columbia Township

Ron Marley Cedar Township

Frank Abart Public Works Director

Also present: Stan Shawver, Director Thad Yonke, Staff

Noel Boyt, Staff

Commissioner Kirkpatrick made and Commissioner Falco seconded a motion to approve the minutes of February 15, 1996, meeting with no corrections.

Motion passed by acclimation.

Chairman Schnarre, introduced and welcomed Commissioner Ron Marley, from Cedar Township to the Planning and Zoning Commission.

 

CONDITIONAL USE PERMITS

Request by Melvin G. Sapp for Robert L. Stockton to amend a permit for a

go-cart track located at 9687 E I-70 Dr. NE, Columbia.

Director Shawver, gave staff report stating the site was located approximately 4 miles east of Columbia on I-70 Drive Northeast. This 2 acre tract is part of a 17 acre tract that is zoned REC (Recreation). The zoning to the west is A-R (Agriculture Residential); to the north and east is zoned REC; land to the south, on the other side of Interstate 70 is zoned A-2 (Agriculture). Water service is provided by Public Water District No. 9. On-site wastewater facilities are provided. There is a go-cart track on this site, a miniature golf course and driving range are adjacent to the site. Mr. Sapp’s land was originally zoned A-R, but was rezoned to REC in September 1994. The driving range had operated as a conditional use permit first granted in 1986. A conditional use permit for the go-cart track was granted to Mr. Stockton in December 1994. Mr. Stockton would like the restriction removed that prohibits more than 1 go-cart from being on the track at a time. Both the 1973 master plan and the 85% draft of the 1996 plan designate this area as being suitable for agriculture and rural residential land uses. Staff notified 11 property owners about this request.

Robert Stockton, operator of the go cart track addressed the Commissioners. He stated there was a correction to be made since the submission of the request. He advised Mr. Sapp sold his property to Hardeep Bhullar. Mr. Bhuallar has been a resident of Columbia since 1972, and is a professor at the University of Missouri.

Mr. Stockton, asked to amend the previous CUP condition restricting more than one cart at a time on the track. It was stated in a letter Mr. Stockton submitted that it would be a great advantage not only to the public, but also to themselves, to have more than one cart on the track at one time in a very controlled situation. It would allow the kids to have more fun, more time and the parents seem to like the possibility.

Chairman Schnarre, asked if the request was for a maximum of five (5) carts on the tract being of two different types (size) of carts. Mr. Stockton advised, yes a maximum of five (5) carts at a time. The carts currently being used are the Mini-Indy’s. A self imposed age restriction on drivers had been used because the carts were faster. The carts they want to bring in are for a younger age of eight through twelve (8-12) . It is a smaller, full bodied cart with considerable less horse power.

There will be separate times for the use of each type of cart. The two sizes of carts will not be on the track at the same time.

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

Commissioner Kirkpatrick, verified that up to five (5) kiddy carts at once and up to five (5) Mini Indy’s at separate times. Mr. Stockton answered yes, up to five at separate times. He stated that was assuming that there were a group of five (5) to drive the carts at a time. If only three (3) were there to drive, then only three carts would be on the track.

Chairman Schnarre, asked Mr. Stockton if he felt the safety could be controlled with five (5) carts at once? Mr. Stockton stated they had experimented last year during their down time with more carts. Staggering two (2) experienced drivers and two non-experienced out over the area of the track worked out fine. He stated that helmets and seat belts were mandatory. As it was stated in his petition, there is no side by side driving, no side by side racing, absolutely no passing, and no bumping.

Mr. Stockton, made reference to the pictures of the carts to be purchased (in the packet). They were considerably smaller, less horse power and much easier to control for the younger drivers.

Commissioner Gerardi made and Commissioner Grace seconded a motion for the approval to amend the Conditional Use Permit allowing five (5) carts on the track at one time with condition:

Previous conditions are to remain in effect.

Voting was as follows:

Jon Gerardi yes Bill Grace yes

Keith Schnarre yes Keith Kirkpatrick yes

Ron Marley yes Joe Falco yes

Mary Sloan yes Frank Abart yes

Motion to approve passed unanimously. 8 yes

 

Request by Gerald Sims for Illinois Valley Paving Co. for a temporary concrete batch plant

on 5.16 acres during construction of Highway 63, located at 950 E. Highway 124, Hallsville.

Director Shawver gave staff report stating that this site is located approximately 6 miles west of Hallsville, just east of the intersection of Highway 63 and State Highway 124. This tract is zoned A-2 (Agriculture), as is all of the surrounding land. Public Water District No. 7 provides water service to the area. Illinois Valley Paving Co. has been awarded the state highway department bid to pave Highway 63 from north of Prathersville to Highway 124. They would like to put a concrete batch plant on Mr. Sims’ property to use during the paving of this stretch of highway. There have been no previous requests submitted on behalf of this property. Both the 1973 master plan and the 85% draft of the 1996 plan designate this area as being suitable for agriculture and rural residential land uses. Staff notified 22 property owners concerning this request.

Mr. Gerald Sims, 13850 Hwy. 63 North, Hallsville, approached the Commission. Mr. Rick Conrad and Brad Slagel also approached the Commission from Illinois Valley Paving Co., Winchester, Illinois. Mr. Sims, advised they were asking for a Conditional Use Permit for a temporary batch plant on 5.16 acres. The land was located at 950 E. Hwy. 124, which is 2,033’ ft. east of Rte. 63 on the south side. Mr. Sims, made reference to a letter from Steve Brown, Permit Inspector from Missouri Highway and Transportation Department, Central District, Jefferson City, MO, which stated he could have an entrance with no restrictions. The closest home to the plant would be 780’ ft.

He continued that the temporary batch plant was for the purpose of paving US 63 north from Columbia to west Hwy. 124 intersection. The property lease agreement stated the company will strip six inches (6") of top soill, which will be placed around the edge of the five (5) acres to prevent any run off. Upon completion the company will put the top soil back over the area and he would seed it back to fesque pasture. The land was currently being used for hay and pasture with no trees in this particular area. Mr. Sims, advised that the company had done previous work in central Missouri, referring to Hwy. 54 around Mexico, MO and work at Fulton, MO on Hwy. 54.

Chairman Schnare, asked if the area around Silver Fox Creek had been checked into for another site since last summer there had been a plant there. Mr. Sims, advised that was an asphalt plant for overlaying north of Hwy. 22 and there was not enough room to place the concrete plant.

Chairman Schnarre asked the length of time for the permit? Mr. Rick Conrad, stated it should not be any longer than three (3) months. Mr. Brad Slagel stated there would only be three (3) stock piles on the site.

Commissioner Gerardi, asked when the three (3) month period would start? The date may help people in their response to the request. Mr. Conrad, stated the first of June to start, three weeks prior to set the plant up, and by the end of September they should be done, depending on the weather.

Chairman Schnarre, asked if there was a time limit on the contract. Mr. Conrad, stated it was for 120 working days.

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

Chairman Schnarre, asked how many days were needed to take out the plant? Rick Conrad stated the plant could be torn down in two weeks, but it would take another week to replace the top soil.

Commissioner Kirkpatrick, stated he hated to see it sit there forever, but he would not want to keep them to three (3) months. Chairman Schnarre, stated he thought it should be removed within 45 days of completion of their contract.

Commissioner Abart, asked if they had to have a permit from DNR? Mr. Conrad, spoke out and said yes.

Commission Gerardi, made and Commissioner Abart, seconded motion to approve the request by Gerald Sims for Illinois Valley Paving Co. for a temporary concrete batch plant on 5.16 acres during construction of Hwy. 63, located at 950 E. Highway 124, Hallsville with a condition:

The plant be removed within 45 days from the completion of the state contract.

Voting was as follows:

Jon Gerardi yes Frank Abart yes

Mary Sloan yes Joe Falco yes

Keith Kirkpatrick yes Bill Grace yes

Ron Marley yes Keith Schnarre yes

Motion to approve passed unanimously. 8 yes

Request by Ralph D. Gates for a temporary permit to allow sporting clays on 25 acres

located at 12300 E. St. Charles Rd., Columbia.

Director Shawver, gave the staff report stating that this site is located approximately 6 1/2 miles east of Columbia at the Callaway County line. The site is landlocked on the Boone County side, access to the site is from the east from Callaway County, across Cedar Creek. There are no services available at this site. The site is the south 25 acres of a 49 acre parcel. It is zoned A-1 (Agriculture) as is all of the land surrounding this tract. In September 1993, a conditional use permit was issued for an outdoor recreational facility on this site. It has been used for a paint ball game area under conditions placed on the request at that time. The applicant operates a shooting range on adjoining land in Callaway County. This request is to allow the south 25 acres to be used for sporting clay shooting stations for six (6) days this summer. Both the 1973 master plan and the 85% draft of the 1996 plan designate this area as being suitable for agriculture and rural residential land uses. Staff notified 4 property owners about this request.

Mr. Ralph Gates, Rte. 6, Columbia, addressed the Commission. He stated the reason for the request is to facilitate the holding of the National Sporting Clays of America, Sporting Clays Tournament and the World International 5-Stand Tournament. The area would be used for two (2) or three (3) shooting stations in one of the courses it will be utilized.

Chairman Schnarre, asked if all the land in Callaway County was already being used? Mr. Gates, stated this was the only way to go that would facilitate a high level of safety. There has to be four (4) separate courses to accommodate this event.

Open to public hearing. No one spoke in favor of the request.

Georgia Olin, 12250 E. St. Charles Rd, Columbia addressed the Commission. She stated her concern was safety. She has a six (6) year old child. She wondered if when she was on the perimeter of her property, what would be the chances of being hit by a stray bullet? She was concerned that when Mr. Gates put in the gun club across the creek, he mentioned he would work with the community in making it more tolerable. She had not seen that happen. She was concerned this would not be temporary. She stated he had not made efforts to work with neighbors on the sound barrier or in trying to keep traffic down on St. Charles Rd. She stated there was a considerable amount of traffic on St. Charles Rd. She had been approached in her yard when she was at the mailbox for directions to the gun club several times.

She believed with the increase of shooting , there would be no way to determine where it was coming from. Would it be from a neighbor’s house in trouble or the gun club? Mr. Brown, (man across the street) from her had written some concerns of his own which she read to the Commission.

Mr. Brown’s first concern was there had been no response to the residential complaints made at a meeting at Stephens, such as the buffer zones, closing at a decent hour, and close proximity of houses. 2. Concerns of previous problems in Boone County referring to Sunrise Estates. 3. Concern that the revenue collected for events would remain in Callaway County vs. Boone County due to the establishment of the club. 4. Concerns regarding the lead deposits in the flood plain from the bullets (Cedar Creek). 5. Conflicts of interests with county officials regarding the voting on the use of said property. 6. The notification of property owners should have been for properties within 1,000’ ft. of 12300 St. Charles Rd. 7. The increase in the amount of traffic on St. Charles Rd. (dust control). 8. Certainty of a law prohibiting 3,000’ ft. premature for occupied dwellings. It is a state law.

Ms. Sherry Fennewald, 11500 E. St. Charles Rd, Columbia, addressed the Commission. Ms. Fennewald, stated her land bordered said property on the west side. She said she had two children, horses, and people across the road have children. She was concerned about the safety with the shooting range, bullets going where they should not go. Concern for the amount of increased traffic going much faster than the 35 mph limit, since she has children crossing the road to go to neighbors. At present, she is about 7/10 of a mile from the noise. She stated it was pretty loud as it was, and with this added event the noise would be closer and the level of noise would be much greater.

Mr. Gates, re-addressed the Commission. His first statement was, "There was no one at the gun club shooting at 10:00 or 11:00 p.m. at night, with no exceptions". He invited people to come out and inspect the premises at any time. He said he did not have control what surrounding neighbors did, but no activity at the gun club of a shooting nature occured at 10 or 11 o’clock at night.

Mr. Gates stated neither of the property owners are within one thousand feet of the particular tract of ground. He owns the land that surrounds this particular tract of ground. He stated there was 160 acres of ground between this particular tract and the Fennewald property. Fence line to fence line would give at least 1/2 mile of distance.

Mr. Gates, addressed the traffic problem. He stated that all of his literature gives directions to the gun club from Exit 137, which is the Millersburg Exit. He had no control upon which direction people come to the club.

Mr. Gates, stated the use of the land for six (6) days simply facilitates hosting the national event. If "we" do not want to bring these kinds of events into this community, (he held up a package of literature prepared by the Convention and Visitors Bureau of Columbia) then perhaps addressing that issue should be done. There would be approximately 400 - 600 people attending the event from most of the states in the country and twelve (12) foreign countries. There would be approximately $600,000 to a million dollars injected into the community.

He continued that a lot of attention was paid to safety at their facility and they could not host the event without using this property.

Chairman Schnarre, asked for Mr. Gates to address the safety procedures and the hours of operation during the event.

Mr. Gates, stated the first squads go out at 9:00 a.m. and depending how everything moves, the last squads are usually completed by about 5:00 p.m. Safety was a continuos question with firearms or any other mechanical device. Shot size is limited to 7 1/2 or smaller. There are referees on each and every stand at an event such as this. Safety rules at any shooting range are strictly adhered to.

Commissioner Sloan, asked if there was anything but a minimal chance of a stray bullet ? Mr. Gates, stated there wasn’t even a minimal chance of lead leaving his property. The general range on number 9 shot, distance from muzzel to dead land is about 110 yards, (330 feet). Number 7.5 shot would be increased by approximately 15 yards (45 feet). He used a 300 yard safety zone. Dead velocity with 0 wind on number 9 shoot is about 110 yards.

Commissioner Abart, asked about the restrictions on the Commission Order (1993) that stated the playing field was to be marked with a high visibility tape the entire perimeter. Mr. Gates stated that would not be in place for this event. That was for the paint ball situation which he was not involved with. That was for recreational games and training for law enforcement.

Mr. Gates, stated they did shoot skeet, trap and 5 stand at night. They are never shooting beyond 10:00 p.m. During the winter they were usually closed and gone by 9:00 p.m. Occasionally in the summer he had been there at 9:00 p.m. He had been accused of shooting there beyond 10:00 p.m. but he had witnesses that did not happen. He had been there at 10: 00 and had heard shooting,but not from his premises.

Chairman Schnarre, ask what was being done in protecting against trespassing. Mr. Gates stated that on the west there was a fence separating the two grounds. One half mile to the west of that is the western fence for the boundary of that farm.

Chairman Schnarre, asked if he would be posting signs on the western side. Mr. Gates stated he had not thought about it. Anyone there is trespassing. Chairman Schnarre, stated children do not realize where they are at a lot of times. Mr. Gates stated, and sometimes parents do not realize where children are.

Commissioner Grace, asked during the six (6) days, would it be 9:00 a.m. to 5:00 p.m. (shooting) competition time. Commissioner Grace, stated he did not shoot, but played golf so he liked to warm up before the game. He asked Mr. Gates if there would be other shooting? Mr. Gates stated there would be, but not in that area. The practice shooting would be up on the skeet fields. The hours would probably be 8:00 a.m. and 6:00 or 7:00 p.m. approximately 3/8 of a mile away from the property.

Commissioner Kirkpatrick, advised Commissioners that he had been silent. He was a member of Mr. Gates Cedar Creek Rod and Gun Club. As much as Commissioner Kirkpatrick would like to take part in the hearing, he had no intention of taking part any further than calling roll and he would not be voting on the issue.

Commissioner Grace, asked how many members were in the gun club even though that was not part of the request. Mr. Gates, stated that there were 228 members and the club was open to the public. The volume of shoot for the national event will be about the same as a weekend but it would be over a longer period of time. Their purpose is to promote the shooting sport. They have hosted the state 4-H competitions, youth hunter education state event for two years, Missouri State Skeet Shoot for ‘94 & ‘95, State SCA Shoot ‘95, and Show-Me-Games since ‘92.

Commissioner Grace, asked if he had had the National event in this area before and what would this lead to? Mr. Gates stated, no it had not been hosted before. If the area wants to attract these kinds of events, evidently the Columbia Convention and Visitors Bureau is interested in this type of traffic, it maybe possible to continue. A number of motel rooms, number of eating and shopping days spent by 400 to 600 people. This type of event he thought was not as obtrusive as a balloon feast or a county fair weekend.

Commissioner Marley, asked what was the safety record? Mr. Gates advised that last year they threw 560,000 targets with one accident. The manager hit his hand when he released a trap and received a cut. They have never had a shooting related accident.

Commissioner Marley, asked if there was something to be done to keep the dust control down. Mr. Gates, guessed he could pave the road, but then he would have a minor problem of expense. He does direct the public to come in off exit 137, at Millersburg. He stated there were members that lived on the west side of St. Charles that would come from the other direction creating traffic.

Commissioner Gerardi. made and Commissioner Falco. second motion to approval request by Ralph D. Gates for a temporary permit to allow sporting clays on 25 acres located at 12300 E. St. Charles Rd., Columbia.

Chairman Schnarre, stated he would like to see some signage on the western fence since it was new.

Commissioner Falco, clarified that to get to where the shooting events are to take place, on the 25 acres one would have to jump two fences. Mr. Gates, agreed.

Voting was as follows:

Jon Gerardi yes Joe Falco yes

Keith Kirkpatrick abstain Mary Sloan yes

Frank Abart yes Ron Marley yes

Bill Grace yes Keith Schnarre abstain for personal reasons

Motion to approved passed. 6 yes 2 abstain

 

Request by Pauline Semon for Zimmer Radio of Mid-Missouri, Inc.

for a 287’ FM radio tower located at 8450 N Boothe Ln., Rocheport.

Director Shawver, gave the staff report advising the site is located just south of Woodlandville, about 6 miles south of Harrisburg. The site is zoned A-1 (Agriculture), as is all of the surrounding land. Access to the site is from Boothe Lane. The land has been used for agricultural purposes. This request is for a conditional use permit for transmission facility that will contain a radio tower 287 feet tall. The designated site is situated such that should the tower collapse, it will remain on Ms. Semon’s property. There have been no previous requests submitted on behalf of this property. Both the 1973 master plan and the 85% draft of the 1996 plan designate this area as being suitable for agriculture and rural residential land uses. Because the tower will be 287 feet tall, notification was sent to property owners within 1500 feet of the proposed site. 6 property owners were notified.

David Rogers, attorney with offices at 813 E. Walnut, addressed the Commission on behalf of the applicant. The applicant has leased a portion (approximately 1.5 acres) of Ms. Semon’s farm and a roadway easement from Boothe Lane to the property with the tower. Ms. Semon’s son-in-law, Bob McConnell was present for the families interest.

The request was for a 287’ foot FM radio tower. He stated a matter of concern would be to have too many towers. Within the entire FCC allowable area for this station, there is no allowable tower in the Woodlandville area to lease space from. In the application, we stated that if others need tower space in this area they would negotiate leasing tower site to prevent other proliferation. The site is big enough that if the tower was to fall, it would fall entirely within the leased area of the land. The nearest property owner is 400’ ft. away from the larger tract. This is the minimum size tower which would allow a FM transmission. The tower would be painted and will have a flashing red light at night.

A calculation of the amount of electromagnetic leakage, of the 1982 standards, this tower is only 200 of 1% of the allowable emissions from the tower. Under the proposed new standards that are going into effect (much more stringent) they were only 1.8%. The tower will have a small building in connection with it and 3 guide wires. The tower and the building will be fenced with a chain link fence as will as each of the guide wires. None of this will be visible from anywhere except for on the Semon farm. The access easement is off of Boothe Lane. They had received FCC and FAA approval. The nearest airport would be Booneville’s.

Mr. Rogers. stated that engineers and owners were present to answer any technical aspects of the application.

Chairman Schnarre, confirmed that Mr. Rogers had checked the possibility of any other leasing on another tower. Mr. Rogers, advised there was no other tower to check, and this is within the area that the FCC says the tower can be for servicing the city of Fayette. The tower has to be within a certain service area of many square miles and there are no other towers within that area.

Commissioner Sloan, advised that because she was employed by Zimmer Radio of Mid-Missouri, Inc. she would abstain from any discussion or voting.

Commissioner Abart, asked if there were changes to the regulations where some additional requirements were made regarding government access.

Director Shawver, stated that the transmission facility regulations do require that any tower of any kind provide space for one public safety two way radio antenna. It is not free space, but space muat be made available.

Open to the public. No one spoke in favor of the request.

Mr. John Watt, 7660 N Boothe Lane, Rocheport, addressed the Commission. He stated he was the closest land owner to the proposed tower. The tower would be approximately within 400’ ft. of his north property line. He felt it would lower his property value for future development in the next five to ten (5 - 10) years. He had talked to a land appraiser and they advised him it would be expensive and difficult to prove. He would have to have actual cases within the same area. The appraiser assured him it would not increase his value. He asked the Commissioners that if a 287’ ft. tower was installed in their back yard, would they be in favor or against.

No one else spoke in opposition.

Mr. Rogers, stated that regarding land values, there was a fairly large tower behind Regional Hospital which was there before the subdivision.

Commissioner Gerardi, asked if there was other technology exists for shorter towers that are not be applied in Boone County. Mr. Rogers, said no, there were shorter towers that provide an inferior grade of service that is not considered marketable for FM radio in 1996.

David Obergoenner, Director of Engineering for Zimmer Broadcasting, P O Box 1610, Cape Girardeau, MO. 63702 addressed the Commission. He stated that most applicants for a new location like this would go much above that height. This was the minimum height to still achieve the coverage the FCC wishes to achieve from a station of this class. A lot of radio stations have 2000’ ft. towers and possibly the objectors are confused with other towers that are significantly much taller. There are other towers in the area for television and radio that are 1000’ ft. tall. Out of concern for the neighbors around there, this is the very minimum height. He made reference to a tree line that he thought only the top of the tower would be sticking through.

Commissioner Gerardi, confirmed the radio station was to service Fayette and that was the reason for its position in northern Boone County because it has to be some distance from the area being served. Mr. Obergoenner, stated correct.

Commissioner Gerardi, asked if it was serving Fayette because they could not get a license to serve Columbia without serving Fayette, Ashland, and Fulton. Mr. Obergoenner, stated that it was the recommendation of the FCC, an allocation, to service an unserved community at this time. This was to satisfy what they would approve.

Commissioner Abart, asked about the lighting. Mr. Rogers, stated it would be a dull flashing red light. The previous tower problem in Ashland was due to a strobe light. The strobe light was a cheaper way to go because you are not required by the Federal Aviation Admin. to paint the tower. This tower will be painted so it can go to the softer lighting.

Chairman Schnarre, asked what was the width of the tower. Mr. Obergoenner , stated the width of the tower be 24" inch or 28" base tower.

Commissioner Kirkpatrick, asked staff if any other comments had been received. Director Shawver, stated none had been received.

Chairman Schnarre,stated that when a tower goes up it is noticed. He had one right behind his door but now he does not notice it any more.

Commissioner Gerardi, stated that many of the requests for Conditional Use Permits and zoning changes are a benefit first to the applicant but also to the people served to the new zoning classification. The grocery store, the gas station, the connivance mart and the nursery. Something like this, that impacts such a large area, tangibly benefits almost no one, and is a great concern to the neighbors, he wondered how many towers will end up in Boone County at the rate they are endorsed. He stated he had a tower 1.5 miles north of his house and he notices it every night. The applicants benefit and listeners benefit, but where will it quit. Does it stop when there are 110 towers or stops with a new technology.

Chairman Schnarre, asked staff to make comments since new tower regulations were set in motion. Director Shawver, said the applications had diminished since tower transmission facility regulations came into effect in 1991. Since that time, this is the 3rd tower request. We have been contacted by people looking for tower sites (particularly cell phones) in finding suitable locations that meet their needs.

Chairman Schnarre, stated that the new regulations do require that they check all other towers, and if there is space available that meet their needs they have to utilize that space. The new tower will have to furnish space to other facilities.

Commissioner Grace, confirmed that the tower would be painted requiring less of a light. Mr. David Obergoenner, stated the FAA has very tight regulations on the color, they call it aviation orange and is very specific. The option is to paint it aviation orange and white with much dimmer red lights or not paint it at all and place much brighter more intense white strobe lights on it. The applicants have elected to paint the tower and have the softer light.

Commissioner Kirkpatrick, made and Commissioner Falco, second motion to approver the request by Pauline Semon for Zimmer Radio of Mid-Missouri, Inc. for a 287’ ft FM radio tower located 8450 N Boothe Lane, Rocheport.

Commissioner Gerardi, asked Mr. Rogers if the motion fails, what would their alternatives be? Mr. Rogers, stated probably not to purchase the radio station.

Voting was as follows:

Keith Kirkpatrick yes Joe Falco yes

Frank Abart yes Ron Marley yes

Keith Schnarre yes Bill Grace yes

Jon Gerardi no Mary Sloan abstain

Motion to approve passed. 6 yes 1 no 1 abstain

The item would go before the Boone County Commission, Tuesday, April 2, 1996 at 7:00 p.m.

 

REZONING REQUESTS

 

Request by Dick and Liane Huckfeldt to rezone from A-R (Agriculture Residential) to C-G

(General Commercial) of 1.02 acres, more or less, located at 24201 N Fairgrounds Rd., Sturgeon.

Director Shawver, gave staff report stating that this site is located approximately 1/4 mile north of Sturgeon, just south of the intersection of Hwy. 22 and Fairgrounds Rd. The site is zoned A-R (Agriculture Residential), as is all of the land to the east, west and south. The .76 acre tract immediately north of this site was rezoned to C-G (General Commercial) in 1982. This request is to rezone 1.02 acres to C-G. The applicant wants to build self storage units on the tract, however, that use will require a conditional use permit. This site is part of the Sturgeon School district. Water service is provided by Public Water District No. 10. There have been no previous requests submitted on behalf of this property. Both the 1973 master plan and the 85% draft of the 1996 plan designate this area as being suitable for agriculture and rural residential land uses. Staff notified 7 property owners concerning this request.

Mr. Dick Huckfelt, 24201 N. Fairgrounds Rd., Sturgeon addressed the Commission. He stated he had the Sturgeon Mini Storage business. They had built a building May, 1995, it was full and wanted to expand it. There was no room to expand so he wanted to place the storage building on this property. It would be a Morton Building (the same as the one previously built) 40’ x 51’ ft, and it would be attractive. He stated there was a definite need for it. The property was appropriate, the land to the north was already general commercial, a water tower was across the road. Mr. Huckfeldt, spoke to the Kintner’s who owned the land to the west and south and they did not have any problems with it. Mr. Huckfeldt, stated he also had the laundromat, mobile home park and have improved both of the properties and felt he had managed them quite well.

Chairman Schnarre, asked if the diagram was showing three (3) of the buildings. Mr. Huckfeldt, stated yes. Chairman Schnarre, continued that the plans were to put up one building first. Mr. Huckfeldt, stated there would be three (3) 40’ x 102’ ft buildings, and would start out with the front half of the north building which would be 40’ x 51’ ft.

Commissioner Abart, stated that in their notes it stated there was a house under construction to the south of it. Mr. Huckfeldt, advised that was his residence and he would be living there. Commissioner Abart, asked about the property to the north ? Mr. Huckfeldt, stated there was a flea market. The blue garage building had been used for the last 10 years as an auto repair shop.

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

Commissioner Kirkpatrick asked Mr. Huckfeldt if he had given thought to Planned Commercial? Mr. Huckfeldt did not understand the question. Commissioner Kirkpatrick described the difference between General Commercial and Planned Commercial. Mr. Huckfeldt stated he had not given any thought to Planned Commercial. Commissioner Kirkpatrick wanted to point out that the Commission had a history of approving almost no General Commercial requests. He could only speak for himself but he would be able to support this request if it were a Planned General Commercial.

Commissioner Gerardi stated that after visiting the site the ground north of it is zoned commercial and used as commercial. Commissioner Gerardi agreed that he too would like to have seen the request as Planned General Commercial trather han an open zoning classification.

Mr. Huckfeldt stated that they built a new home there and for the wastewater facilities it barely met county requirements. He could not put any kind of business that would require any rest room facilities or water usage. It did severely limit them on what to put on the land.

Commissioner Kirkpatrick asked what did he mean, barely met county wastewater requirements? Mr. Huckfeldt stated meeting the setbacks for the lagoon it would only allow for a single family residence. Commissioner Kirkpatrick asked if he owned any other property. Mr. Huckfeldt said he had 2.2 acres and requesting the rezoning for the storage area only.

Chairman Schnarre stated he had no problem with the storage facility at all, but then general commercial is right next to the property. He had mixed feelings on the rezoning.

Commissioner Sloan made a motion and Commissioner Abart seconded to approve the request by Dick and Liane Huckfeldt to rezone from A-R (Agriculture Residential) to G-G (General Commercial) of 1.02 acres, more or less, located at 24201 N. Fairgrounds Rd., Sturgeon.

Voting was as follows:

Mary Sloan yes Frank Abart yes

Keith Kirkpatrick no Joe Falco yes

Jon Gerardi yes Bill Grace no

Keith Schnarre yes Ron Marley no

Motion to approve rezoning passed to approve 5 yes 3 no

 

Request by Audrain Cooperative Assoc. and Farmland Industries Inc.

to rezone from A-1 (Agriculture) to M-G (General Industrial) of 1.45 acres,

more or less, located at 22501 N March Rd., Centralia.

Director Shawver gave staff report stating that this site is located approximately 3/4 mile west of Centralia on March Rd. The site is zoned A-1 (Agriculture), as is land to the north, east and west. The 2.47 acre tract to the south of this site was rezoned from A-1 to M-G (General Industrial) in 1977. That site has been used by Audrain Cooperative Association for the past 7 years. They would like to expound there operations by building an addition to there building. This site is part of the Centralia School District. Water service is provided by Public Water District No. 10. March Road is a public road that is maintained by the Centralia Special Road District. Both the 1973 master plan and the 85% draft of the 1996 plan designate this area as being suitable for agriculture and rural residential land uses. Staff notified 9 property owners concerning this request.

Mr. Lou Leonatti, P. O. Box 758, attorney from Mexico, MO and Mr. Cole Hain with Audrain Co-op approached the Commission. Mr. Leonatti stated that the Co-op’s main facility was located in Thompson, MO, which is half way between Mexico and Centralia, MO on Hwy. 22. This facility is located just west of Centralia near the big Farmland facility. It is bordered on the north by the Gateway Western Railroad and to the south by the Northfork and Southern Railroad. It is an ag-chemical, ag-fertilizer facility. Presently have 5400 sq. ft under roof and would like to add approximately 7600 sq. ft. which would go from four (4) employees to ten (10) employees operating out of the facility. It will have dry and liquid fertilizer that comes in by truck and by rail. This facility serves Boone, Audrain, Randolph, a little of Howard and possible a little of Monroe.

Chairman Schnarre confirmed the reason for the request was for expansion of the building and meeting DNR requirements? Mr. Leonatti agreed.

Mr. Hain stated they were purchasing some extra land from Farmland Industries to set back further from the property to meet DNR requirements. They had a permit from DNR to build if approved by Boone County. The property was purchased with bonds 12-15 years ago through the Centralia area and has been paid off.

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

Commissioner Abart confirmed that the reason for the rezoning was for the expansion and for the containment of DNR regulations. Mr. Hain stated addition of property and rezoning was to meet Boone County setback requirements and for the expansion of the building. (4485 ft will be under roof and 3248 will be open concrete containment where tanks will set)

Chairman Schnarre advised he did not have any problems with there rezoning. He stated all local supply units are being required to redo their facilities and put in containment concrete blocks and heated facilities as part of DNR regulations, so they (Audrain Coop) are trying to meet their requirements.

Commissioner Gerardi stated that after seeing the site and knowing that the owners’ of the site would benefit and it does not seem detrimental to any other property owners near by he made a motion.

Commissioner Gerardi made and Commissioner Marley second a motion to approve the request by Audrain Cooperative Assoc. and Farmland Industries Inc. to rezone from A-1 (Agriculture to M-G (General Industrial of 1.45 acres, more or less, located at 22501 N. March Rd., Centralia.

Voting was as follows:

Jon Gerrardi yes Keith Kirkpatrick yes

Joe Falco yes Mary Sloan yes

Frank Abart yes Keith Schnarre yes

Ron Marley yes Bill Grace yes

Motion passed unanimously 8 yes

 

PLAT REVIEWS

 

Oberlin Valley Plat 3, final plat. S35-T49N-R13W. R-S.

DDM Investments, Inc., owner. Curtis E. Basinger, surveyor.

Thad Yonke gave staff report stating that this is a 13 lot subdivision located on the south side of Obermiller Rd. approximately 100 yards. to the west of the intersection of Obermiller Rd. and Creasy Springs Rd.. The area being subdivided contains 9.292 acres. This property is zoned R-S (Residential Single Family), which is the original 1973 zoning. A previous final plat was approved by this commission in July of 1994 and contained 15 lots, this current plat is a resubmition decreasing the number of lots by 2. Water service is provided by Consolidated Public Water District No. 1; there is a 6 inch line on the west side of Oberlin Valley Dr.. Sewage for this subdivision is to be handled by a central system located on lot 7 of this plat. A construction permit from the MO. Dept. of Natural Resources has been received for the previous plan for sanitary sewers and wastewater treatment plant. Access to all lots of this plat, except lot 9, is off Oberlin Valley Dr. which was dedicated as right-of-way as part of Oberlin Valley Plat 2. There are significant areas of both 100 yr. flood plain and flood way within this plat. These areas are denoted on the plat. Each lot does have a buildable area, however, a good portion of some of the lots is flood plain and flood plain development permits will be required if construction is to be in these areas. Public works requests that the 20’ utility easement on lot 9 be added south of the 25’ drainage easement as opposed to its being part of the drainage easement. This plat has 67 points on the point rating scale.

Staff recommends approval subject to the condition that a 20’ utility easement be placed immediately south of the shown drainage easement on the north edge of lot 9.

Gene Basinger. surveyor addressed the Commission. He stated the owners of lot 30 were the owners of the rest of the subdivision but they were not able to redivide that lot because of the restrictions. At the time of the other plat, it needed 100% of the signatures to replat. Even though there were two other land owners, they would not sign. Lot 9 was a piece left over. They are asking for this 25’ ft. or 20’ ft utility easement south of the 25’ utility and drainage easement that they now have on Lot 9. Noting where the road is on the plat, normally they come 33’ ft. out of the center line of the road and that establishes the right-of-way. Beyond that they give a 20’ ft. utility easement. This plat they dropped back 50’ ft. so they are actually out 60’ ft. from the center of the road verses 33’ ft. Originally had a 20’ ft. utility easement south of that line and when comments came back from County they asked we make that a drainage easement also with 25’ ft in stead of 20’ ft. He was unaware until late this afternoon of the addition easement. If they did have to grant another 20’ ft., it would be 105’ ft from the center line of the road to where they can build a house.

The reason why they dropped back the 50’ ft. was because the properties further to the west established this line and they carried it on. They went to the excessive to give road-right-of-way, utility and drainage easements. He honestly did not know why another 25’ ft. drainage easement was needed.

Commissioner Abart stated in his previous discussion with his staff he thought discussion between Mr. Piest and Mr. Basinger had been all settled. Commissioner Abart was unaware of what the additional request is beyond the setback line. They had complied all ready.

Thad Yonke stated he had spoken with Mr. Lueck on the plat when there was some confusion between the Public Works and the Water Districts about where the easements would lie. The plat first showed easement below the right-of-way. Publics Works did require the 25’ ft. drainage easement and then when the Water District wanted its 20’ ft. it would be superimposed. Tom Ratermann said if the ditch was in there he did not want it superimposed.

Commissioner Abart stated there must be some miscommunication. Knowing how much room was there, it was not necessary to make these changes.

Commissioner Grace asked about the regulated flood way, then the 100 yr. flood plain. Did it encompass all of lots 13 and 12? Chairman Schnarre stated they could build in a 100 yr. flood plan as long as it is built above the base flood elevation. Mr. Yonke stated a Flood Plan Development Permit is required to do any work in the flood plain. The flood way itself is the one more controlled. The flood plain is buildable, it will require some extra engineering (elevation).

Commissioner Kirkpatrick asked if it should be noted on the plats that Flood Plain Permits are required? Director Shawver stated that it was not necessary to be on the plat. That was one of the things "we" control when issuing building permits.

Commissioner Grace could not understand in all of Boone County why anyone would want to build in a flood plain. There is lots of ground that is not even in the 100 yr. flood plain. The land owners come back to the tax payers and complain that they were exposed to that and a couple sales later they say they did not know they were buying a house in the 100 yr. flood plain area.

Commissioner Abart made and Commissioner Falco second motion to approve Oberlin Valley Plat 3, final plat.

Voting was as follows:

Frank Abart yes Joe Falco yes

Jon Gerardi yes Ron Marley yes

Mary Sloan yes Keith Kirkpatrick yes

Bill Grace no Keith Schnarre yes

Motion passed to approve final plat. 7 yes 1 no

 

 

 

Triple B Doors Subdivision, final plat. S3-T47N-R12W. C-G.

Charles W. Bell, owner. Timothy D. Capehart, surveyor.

Thad Yonke, gave staff report stating that this is a 1 lot, 5 acre minor subdivision plat located on the west side of Highway 63, approximately 2 1/2 miles south of the city limits of Columbia and 3/4 mile north of the intersection of Highway 163 and Highway 63. This property is zoned C-G (General Commercial) which is the original 1973 zoning. There are currently no water lines in the immediate area. The site is within Consolidated Public Water District No.1. Sewage treatment will be on site, the appropriate area is designated on the plat. The owner has requested a waiver of the requirement for a traffic analysis and cost benefit analysis for sewage treatment. Staff concurs with this request and recommends that the waivers be granted. This plat has 46 points on the point rating scale.

Staff recommends approval along with granting the waiver for traffic analysis and cost benefit analysis for sewage treatment.

Commissioner Gerardi asked what was the lowest number on the rating that they had approved. Director Shawver stated in the low 20’s. Commissioner Gerardi asked where this was exactly and what was next door on the north and south? Director Shawver said is was south of the county Public Works facility and north of the Tom Haire Landscaping.

Commissioner Kirkpatrick stated he would agree with Commissioner Gerardi if they were looking at a 100 lot subdivision but it is already zoned General Commercial.

Commissioner Kirkpatrick made and Commissioner Falco second motion to approve the plat of Triple B Doors Subdivision.

Voting was as follows:

Keith Kirkpatrick yes Joe Falco yes

Mary Sloan yes Frank Abart yes

Keith Schnarre yes Ron Marley yes

Bill Grace yes Jon Gerardi yes

Motion to approve final plat was approved unanimously 8 yes

 

Maple Meadows Plat 1, final plat. S10-T47N-R13W. RS/PRD.

Zumalt Properties L.L.C., owner. J. Daniel Brush, surveyor.

Thad Yonke gave staff report stating that this is a 13 lot plat located on the south side of Route K just to the east of where Route K and Old Plank Rd. intersect. The area being subdivided contains 7.58 acres. The zoning for the site is R-S/PRD (Residential Single Family) (Planned Residential Development). The PRD was approved by this commission in September of 1995. Water service will be provided by Consolidated Public Water District No.1. Sewage for this subdivision is to be handled by a central system located on lot 8 of this plat. Construction plans for this sewage treatment system have not yet been submitted to the sewer district. There is 100 yr. flood plain in the plat. A definition of the intent for the designated nature easement should be provided. Public works has concerns about some details with respect to the submitted road plans and the placement of some of the drainage pipes shown on the submitted road plans with corresponding easements needed to service these pipes. This plat has 70 points on the point rating scale.

Staff recommends approval providing the satisfactory resolution of the concerns of the Public Works Dept.

Commissioner Abart stated that his last communication earlier today the issue had not been resolved with Public Work Dept. but Mr. Yonke stated he spoke to David Piest and the drainage issue was resolved.

Commissioner Falco made and Commissioner Grace Seconded motion to approve final plat for Maple Meadows Plat l. Zumwalt Properties L.L.C., owners.

Voting was as follows:

Joe Falco yes Bill Grace yes

Ron Marley yes Keith Schnarre yes

Jon Gerardi yes Keith Kirkpatrick yes

Mary Sloan yes Frank Abart yes

Motion to approve final plat for Maple Meadows carried unanimously 8 yes

 

River City Southpark Subdivision, final plat. S8-T48N-R14W.

C-GP. Missouri River City, Inc. owner. J. Daniel Brush, surveyor.

Thad Yonke gave staff report stating that this is the final plat for Missouri River City South Park Planned Development located at the intersection of Interstate 70 with State Highway BB and Roby Farm Road. This development is zoned C-GP (Planned Commercial). The plat consists of 5 tracts, dividing an area originally platted as Muntzel subdivision into individual parcels to facilitate transfer of title. The development is connected to a centrally located wastewater collection system located on the property to the south. This system is licensed according to Public Service Commission and Department of Natural Resources regulations. There is not any public water service available. Water service is provided by a private water system that includes three wells and interconnecting water lines. This development was originally developed under single ownership and not all of the lots will be transferred. Utility and access easements will be provided by separate documents. This plat has 60 points on the point rating scale.

Staff recommends approval.

Commissioner Abart asked about the common access. Mr. Yonke stated those details will be handled by the access and utilities by a separate document. The Planned development takes place similar to a condiminium devlopment, with common ground.

Commissioner Gerardi asked Commissioner Abart what were his concerns previously. Commissioner Abart stated there were concerns about the water, sewer, fire regulations since three owners supplied the water. Director Shawver stated there was restrictions prohibitting any building permits unless they provide all public services, fire hydrants, water, sewer, etc.

Chairman Schnarre stated this development was locked in the way it is, unless they provide a bunch of improvements..

Commissioner Kirkpatrick made and Commissioner Sloan second motion to approve final plat of Missouri River City South Park.

Voting was as follows:

Keith Kirkpatrick yes Mary Sloan yes

Frank Abart yes Joe Falco yes

Jon Gerardi yes Bill Grace yes

Ron Marley yes Keith Schnarre yes

Motion to approve final plat for Missouri River City South Park was approved unanimously 8 yes

Chapman Garden Subdivision, final plat. S5-T48N-R13W. R-M.

Roy and Lois Chapman, owners. J. Daniel Brush, surveyor.

Thad Yonke gave staff report stating that this is a minor plat consisting of 1 lot located on Gibbs Road just west of the Columbia city limits. The area is zoned R-M and there is an existing 2 story house on the 3.25 acre lot. Water service is provided by Consolidated Public Water District No. 1; there is a 2 inch line along the north side of the lot. There is an existing on-site wastewater treatment system serving the residence. The owner has requested a waiver of the requirement for a traffic analysis and a cost benefit analysis for sewage treatment. Staff concurs with this request and recommends that the waivers be granted. This plat has 54 points on the point rating scale.

Staff recommends approval along with granting the waiver for the traffic analysis and cost benefit analysis for sewage treatment.

Commissioner Kirkpatrick made and Commissioner Gerardi second motion to approve the final plat of Chapman Garden Subdivision with a waiver of the requirement for a traffic analysis and a cost benefit analysis for sewage treatment as recommended by staff.

Voting was as follows:

Keith Kirkpatrick yes Jon Gerardi yes

Bill Grace yes Ron Marley yes

Keith Schnarre yes Joe Falco yes

Mary Sloan yes Frank Abart yes

The motion to approval final plat of Chapman Garden Subdivision was approved unanimously. 8 yes

 

Deer Valley Estates - Phase 2, preliminary plat. S11-T49N-R12W.

A-2. William R. and Linda Lou Schultz, owners. Nathan D. Lacy, surveyor.

Thad Yonke gave staff report stating that the development is located on State Highway HH approximately 1 1/2 miles north of Columbia. The tract is zoned A-2. The preliminary plat includes 11 lots, the other 7 lots were platted in 1987. This preliminary plat was originally approved in May 1987; however, preliminary plats expire after five years if development is not proceeding according to the plat. The resubmittion complies with the current subdivision regulations. This development is in the Public Water District No. 4 and Hallsville School District service area. There is a 4 inch water line serving the existing lots. A 6 inch line will be installed to serve Phase 2. There is sufficient water pressure to serve this development. Individual on-site wastewater systems will be provided. This development has 48 points on the point rating scale.

Chairman Schnarre confirmed that the changes from the original plat several years ago were to bring the fire hydrants up to code? Director Shawver added the cul de sac adius was changed too.

Commissioner Gerardi made and Commissioner Sloan seconded motion to approve Deer Valley Estates-Phase 2, preliminary plat.

Voting was as follows:

Jon Gerardi yes Mary Sloan yes

Frank Abart yes Keith Schnarre yes

Ron Marley yes Bill Grace yes

Keith Kirkpatrick yes Joe Falco yes

Motion to approve Preliminary plat for Deer Valley Estates passed unanimously. 8 yes

OLD BUSINESS

NEW BUSINESS

ADJOURN

Being no further business the meeting was adjourned at 9:55 p. m.

Respectfully submitted,

 

 

 

Keith Kirkpatrick

Secretary

On this 18th, day of April, 1996.