BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, May 16, 1996

Vice-Chairman Gerardi, called the meeting to order at 7:30 p.m., with a quorum present. In the absence of Secretary Kirkpatrick, roll call was taken by Director Shawver.

Present: Jon Gerardi, Vice Chairman Columbia Township

Mary Sloan Rocky Fork Township

Joe Falco Perche Township

Ron Marley Cedar Township

Bill Grace Centralia Township

Frank Abart Public Works Director

Absent : Keith Schnarre, Chairman Bourbon Township

Keith Kirkpatrick, Secretary Missouri Township

Also present: Stan Shawver, Director Don Abell, Staff

Thad Yonke, Staff Noel Boyt, Staff

 

Commissioner Falco made and Commissioner Sloan seconded a motion to approve the minutes of April 18, 1996, meeting with no corrections.

Motion passed by acclimation

 

CONDITIONAL USE PERMITS

None submitted

REZONING REQUESTS

None submitted

 

PLAT REVIEWS

Anderton Subdivision, minor plat. S13-T51N-13W. A-R.

Brent Anderton, owner. Don Bormann, surveyor.

Thad Yonke gave staff report stating this two lot plat is located on the north side of Crofton Hall Rd. between Old 63 and US Highway 63 approximately 1/2 mile north of the intersection of Route NN and US Highway 63. We did not hear back from the highway & transportation department about direct access from either lot to Highway 63 and can assume that access will not be granted. The site is approximately 3 miles west and 2 miles south of the city of Sturgeon. The area being subdivided contains 7.34 acres. This property is zoned A-R (agricultural-residential), which is the original 1973 zoning. Water service is provided by Public Water District # 10. There is currently a 6 inch water line that runs north-south along the west side of Old 63 that would be used to serve these lots. Sewage treatment will be on-site, the appropriate area is designated on a separate document in the subdivision file. The owner has requested a waiver of the requirement for traffic analysis and cost benefit analysis for sewage treatment. Staff concurs with this request and recommends that the waivers be granted. This plat has 49 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 stated that the two matters of waivers are becoming common place on small tracts.

Commissioner Abart made, and Commissioner Grace seconded motion to approve and grant waivers for traffic analysis and on-site waste water cost benefits analysis for Anderson Subdivision, minor plat.

Voting was as follows:

Frank Abart yes Bill Grace yes

Ron Marley yes Jon Gerardi yes

Joe Falco yes Mary Sloan yes

Motion was approved unanimously. 6 yes

 

Highway 70 At The River, minor plat. S7-T48N-R14W. C-G.

James Guthrie and David Babel, owners. Brian David Dollar, surveyor.

Thad Yonke gave staff report stating this four (4) lot plat is located on the west side of Route BB approximately 300 feet northwest of the Interstate 70-Route BB interchange. The area being subdivided contains 11.078 acres. Lot 3 of this plat contains the site of an old service station. This property is zoned C-G (general-commercial), which is the original 1973 zoning. Water service is currently provided by a private well located on one of the lots. There is no public water service to the site, nor is the site in an active water district. Since this is a four lot plat the subdivision regulations require the provision of a public or private water system and fire hydrants as required in conjunction with the plat; the developers are seeking a variance from the Zoning Board of Adjustment from both of these requirements. Sewage treatment will be on-site. Some of the designated areas for on-site sewage may not actually be of functional size or configuration for individual systems and therefore, some kind of collector or joint facility may be necessary; since the property is commercial, a shared system would fall under the jurisdiction of the Missouri Department of Natural Resources. The owner has requested a waiver for the traffic analysis and cost benefit analysis for sewage treatment. Staff concurs with this request and recommends that the waivers be granted. This plat has 48 points on the point rating scale.

Staff recommends approval along with granting the waiver for traffic analysis and cost benefit analysis for sewage treatment contingent upon variances from the water and hydrant requirements being granted by the Zoning Board of Adjustment (May 23, 1996).

Commissioner Gerardi stated he thought they had seen this a few times recently. Director Shawver stated that most recently it was last month for the River City development on the south side of I-70. That plat had a private water system with three (3) wells.

Commissioner Gerardi asked what were the existing uses on this tract? Mr. Yonke stated he believed it was a vacant gasoline station.

Commissioner Grace asked if the 11 acres were presently commercial? Mr. Yonke acknowledged yes. Commissioner Gerardi noted that this was the old DX station which closed about three (3) years ago.

Commissioner Gerardi asked if the hydrant issue was directly related to public water supply because of pressure and volume? Director Shawver stated there was no public water supply. The requirement is to provide public water and hydrants as part of a development.

Commissioner Abart asked if on the first plan (River City on the south side of I-70), were they required to go to the Board of Adjustment concerning the water supply and hydrants? Director Shawver stated no, that was an existing development. Under the planned development, the P & Z Commission restricted any new construction without providing adequate infrastructure.

Commissioner Gerardi stated P & Z approval would be contingent upon the approval by the Board of Adjustment on May 23, concerning the water and fire hydrants.

Commissioner Grace asked if what the lot sizes were in this area. Director Shawver explained that this was commercial zoning and no minimum lot size was required.

Commissioner Grace stated that he understood someone would have to dig a well to provide water and maybe one lagoon or two serving these four (4) commercial lots. He asked what did the existing DX station have or did they carry water in? Director Shawver stated that there was a well that provided water to the old service station. As far as the wastewater, maybe they had something, may they did not.

Commissioner Falco made and Commissioner Abart seconded a motion to approve Highway 70 At The River, minor plat, and grant waivers for traffic analysis and on site wastewater cost benefit analysis contingent upon granting a variance by the Board of Adjustment (May 23, 1996).

Commissioner Abart stated that he had not in fact seconded the motion, particularly because he intended to vote against the request. Commissioner Gerardi asked for his reasons. Commissioner Abart stated he was concerned about the request approved on the south side of the road because of the water and the fire hydrant problems. It looks like the problems would be continually precipitating the problem out in this area.

Commissioner Grace stated that on the south side, they were there and P&Z restricted any additional development. He said that on I-70 some interchanges are screaming for commercial development.

Commissioner Gerardi asked if motion for approval would die for lack of a second.

Commissioner Marley asked for the recommendations by staff to be stated again. Mr. Yonke read the recommendations.

Commissioner Gerardi stated that some concerns and the concerns of staff are in different boxes. The staff works through the engineering aspects of a plan meeting the platting requirements in the county.

The Commission is often in the position of running through the requirements. The ground is zoned, the plat is a separate issue. But for the true purest that would say, because we are locked in is no reason not to have some input as to what should be developed and what is not. Are we doing any planning or are we just passing things through on a rote sort of basis.

Commissioner Abart stated he was concerned about the problem of water with one after another will pop up without solving the problem.

Director Shawver stated the intent for the requirement for public water and for hydrants in the subdivision regulations is more of a density question. The Commissionin has heard concerns from people about when their neighbor flushes his toilet, their shower shuts off. Peripheral reason of course is fire safety and fire protection. In commercial zoned property, the building code provides safe guards to make sure structures that are going to be occupied such as places of assembly, mercantile uses have to have a higher construction standard than a residential unit would have to be. There are fire separation requirements that exist around commercial structures that does not apply to residential structures.

Another thing to look at, is that this plat can be designed into three lots. The lot with the filling stations is an existing lot. Except that out, there are only three (3) you would be looking at. The water requirement would not apply if there were three lots or less. Commissioner Falco stated that without looking at that they can build on the existing lots. Director Shawver stated that yes they could build. They could redesign the plat, except the gas stations out, pare down to three lots instead of four, so our regulations do not apply. The staff felt with the threshhold between 3 and 4 lots, the building code protected the property owners and potential occupants, they thought this was a suitable variance to be requested. The property is penalized because this is a water district area, Public Water District No. 3. He stated that Public Water District No. 3 had not functioned since he had been in Boone County.

Commissioner Falco made and Commissioner Sloan seconded a motion to approve Highway 70 At The River, minor plat, and grant waivers for traffic analysis and on site wastewater cost benefit analysis contingent upon granting a variance by the Board of Adjustment (May 23, 1996).

Voting was as follows:

Joe Falco yes Mary Sloan yes

Frank Abart no Jon Gerardi yes

Bill Grace yes Ron Marley yes

Motion was approved contingent upon BOA. 5 yes 1 no

 

Valley Creek Plat 7. S3-T48N-R12W. R-M.

Godas Development, Inc. owner. James V. Patchett, surveyor.

Don Abell gave staff report stating this 12 lot subdivision is located along the eastern edge of the City Limits of Columbia, approximately 200 feet north of Clark lane. The area being subdivided contains 5.27 acres and lots are in the 10,000 to 20,000 square foot range . This property is zoned R-M, which is the original 1973 zoning.

The streets serving these lots will be curb and gutter streets. As was the case with plats 5 and 6 of this development, it was determined that a traffic analysis is not required, since the preliminary plat was approved long before the regulations changed.

Sewage treatment will be a BCRSD operated central sewer collection system that will empty into a City of Columbia treatment facility.

This site is in Water District #2. The district has an existing six inch water line to the north of this site. The developer will have to extend this six inch line to this site. The water district has verified there are adequate water flows available to meet the 250 gpm minimum requirement.

The preliminary plat had originally shown a 660 foot cul-de-sac through the southern portion of this part of the development and there were 17 lots within this same area. This plat has eliminated the cul-de-sac and reduced the number of lots to 12. The three tier lots, lots 68, 69, & 70, all meet the minimum allowable specifications for tier lots.

This plat is within the Urban Service Area of Columbia and has 80 points on the point rating scale.

Staff recommends approval, with the following condition:

Utility easements be extended to the properties to the south of this development for future sewer line tie-ins. At this time these properties are using on-site sewage disposal systems that may be discharging off of their properties. It is very possible that they will want to tie into this sewer system in the very near future and having easements in place would make this easier.

Commissioner Grace asked if it would be the Lawson and Armstrong properties would have easement rights? Mr. Abell stated that whatever easements that would facilitate them tapping into the sewer line into the development. It would be a Boone County Regional Sewer District operated facility so it would have to meet their approval to tie in, but if easements are in place it would be a simple matter.

Commissioner Gerardi asked Mr. Patchett what happens in the practical application on 68, 69, and 70, do the three property owners go together and put in one driveway and access it on some sort of agreement, or do they all have parallel driveways? Mr. Patchett said he had discussed it with the owner and more than likely there will be two driveways that would go in.

Commissioner Falco made and Commissioner Abart seconded a motion to approve Valley Creek Plat 7 with a requirement that they provide utility easements for properties to the south suitable to the Boone County Regional Sewer Dist.

Voting was as follows:

Joe Falco yes Frank Abart yes

Ron Marley yes Jon Gerardi yes

Mary Sloan yes Bill Grace yes

Motion to approve plat passed unanimously. 6 yes

 

 

Ness Subdivision, minor plat. S18-T50N-R12W. A-2.

Gary and Anita Ness, owners. C. Stephen Heying, surveyor.

Don Abell gave staff report stating this 3 lot minor subdivision is located off of Sportsman’s Drive, a County maintained gravel road, and is approximately 4 miles west of the City of Hallsville and 1/2 mile south of Highway 124. The area being subdivided contains 20.24 acres and lots are all larger than 5 acres. This property is zoned A-2, which is the original 1973 zoning.

Sewage treatment will be individual on-site sewage lagoons.

This site is in Water District #4. The district has an existing 2 inch water line along Sportsman’s drive that is adequate for residential use. Since there are only 3 lots, they are not required to have a fire hydrant.

During the study session there was discussion about the access of lots 3a and 3b onto Sportsman’s Drive. At that time it appeared that there is an eight foot strip of land between this property and the road right of way that is owned by the property owner to the south. There is a possibility that the road right of way does extend to the property line, but this could require some legal interpretation by an attorney. However, even if the right-of-way does not extend to the property line the plat still meets subdivision regulation requirements because plats that contain lots that are all greater than 5 acres can have up to 4 lots that are accessed by easement, without direct road frontage. The additional right of way that the owners are dedicating along the south part of their property would serve as a legal access to these lots, should the strip of land between ever be disputed.

A request for a waiver of the traffic analysis requirement was submitted. The Public Works Department has reviewed the request and supports granting the waiver. Likewise a request fro a waiver of the sewage disposal system cost benefit analysis has been submitted. There are no existing centralized sewer systems in this area. I have copies of both requests available if anyone would like to review them.

This property has 27 points on the point rating scale.

Staff recommends approval.

Commissioner Gerardi asked Mr. Abell if it was a straight forward matter in his opinion? Mr. Abell stated it met all the subdivision requirements.

Commissioner Falco asked if someone else owned the land in front of these places. Mr. Abell stated that was possible. The section line is north of the physical gravel part of the road. Gravel roads over the years have been known to migrate and the proscriptive right-of-ways along with roads go from the center of the road out.

Commissioner Abart made and Commissioner Sloan seconded motion to approve Ness Subdivision, minor plat including granting waivers for traffic analysis and on-site wastewater cost benefit analysis.

Voting was as follows:

Frank Abart yes Mary Sloan yes

Joe Falco yes Jon Gerardi yes

Bill Grace yes Ron Marley yes

Motion to approve passed unanimously. 6 yes

Woodruff Acres, minor plat. S19-T47N-R12W. A-2.

Mark and Laura Woodruff, owners. Ronald G. Lueck, surveyor.

Thad Yonke gave staff report stating this two lot plat is located on the north side of Bluebird Ln. between Route N and Tomlin Hill Rd. approximately 1&1/2 miles south of Pierpont. The site is approximately 3/4 of a mile east of the intersection of Bluebird Ln. and Route N. The area being subdivided contains 9.933 acres. This property is zoned A-2 (agricultural), which is the original 1973 zoning. Water service is provided by Consolidated Public Water District # 1. There is currently a 3 inch water line along the south edge of the plat which is the north side of Bluebird Ln. Sewage treatment will be on-site, the appropriate area is designated on the plat. The owner has requested a waiver of the requirement for traffic analysis and cost benefit analysis for sewage treatment. Staff concurs with this request and recommends that the waivers be granted. This plat has 34 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 Grace made and Commissioner Abart seconded a motion to approve Woodruff Acres, minor plat granting waivers for the cost benefit analysis for on-site wastewater disposal and for traffic analysis.

Voting was as follows:

Bill Grace yes Frank Abart yes

Jon Gerardi yes Ron Marley yes

Joe Falco yes Mary Sloan yes

Motion to approve carried unanimously. 6 yes

 

 

Gateway South Plat No. 10. S10-T47N-R13W. R-S

Daniel H. Miller, owner. Ronald G. Lueck, surveyor.

Don Abell gave staff report stating this 4 lot subdivision is a re-plat of lot 118 of Plat #7 of Gateway South Subdivision. The County Commission approved the vacation of this portion of Plat 7 and the concept of re-platting it into residential lots on April 30 of this year following a public hearing. Gateway South Subdivision is located on the north side of Route K approximately 3 miles southwest of Rockbridge Elementary School. The area being subdivided contains 9.437 acres and lots are in the 1 1/2 to 3 1/4 acre range. This property is zoned R-S, which is the original 1973 zoning.

The street serving this lot, Allton Park Rd., is a County maintained gravel road. A request for a waiver of the traffic analysis requirement has been submitted. The Public Works Department has reviewed the request and supports granting the waiver.

There is an existing sewer line and lift station on this property that ties into a BCRSD collection and treatment facility. However, before this plat can be taken to the County Commission for final approval, the sewer system will have to be accepted by the BCRSD

This site is in Consolidated Water District #1. The District has an existing 2 inch water line running along Allton Park Rd. Again, before this plat can be taken to the County Commission for final approval, the fire hydrant and water line fire flow requirements of the Subdivision Regulations will have to be met.

The current Subdivision Regulations specify the maximum length of the stem of a tier lot to be 250 feet. Lot 118A’s stem is 360 feet long and does not meet the current requirement. The developer has applied for a variance of this requirement before the Board of Adjustment. This request will be heard next Thursday, being May 23rd. If this Commission so desires, it could take action on this plat tonight contingent upon this variance approval.

This plat is within the Urban Service Area of Columbia and has 62 points on the point rating scale.

Staff recommends approval, if the developer can obtain a variance for tier lot length and otherwise meet the Subdivision Regulation requirements.

Commissioner Gerardi asked the zoning classification. Mr. Abell advised it was R-S. Commissioner Gerardi asked what the intended use on these lots was? Mr. Abell advised single family residential.

Commissioner Gerardi reviewed the plat. He said there was a panhandle on lot 1 that is too long. Lot two is a shorter panhandle and meets the requirement. We are asked to act on a plat that does not met the requirements. He continued that earlier tonight the P&Z Commission were asked to have conditions on Highway 70 At The River, minor plat (variance on public water and the hydrant) and they did it. This plat they are asking approval on the basis the Board of Adjustment would grant a variance on the panhandle length only.

Mr. Steve Chott, a resident at 6441 S. Allton Park Road approached the Commissioners. He asked if it was being decided if it was to be divided into four lots. Commissioner Gerardi said yes, they Commission was entertaining that request.

Mr. Chott question was that the sections where they live in the back there were subdivision restrictions regarding building size, and other issues. Would the four (4) lots be required to follow their regulations? Mr. Shawver stated that if the covenant described the entire acreage perimeter boundaries to be exclusive, then yes If it specifically says Plat 7 and includes Lot 118 which was vacated, it becomes a legal question. Commissioner Gerardi said other than Mr. Chott bring this to their attention he did not know how that would impact their deliberation.

Mr. Chott stated he supported Mr. Miller in doing this but since he just built his house within the last two years, he wanted to be certain that the integrity of the restrictions are maintained.

Ron Lueck, surveyor was asked by Commissioner Gerardi if he knew the intention or any input? Mr. Lueck said did not know how it would be effected, Mr. Miller was not planning on building low income family housing.

Mr. Chott stated he had spoken to Mr. Miller and he had expressed to do that, but Mr. Chott continued that intentions and actions sometimes change. He stated this may not be the forum to be asking this question, but he felt he needed to ask it.

Commissioner Falco asked staff if this plat should be denied by P&Z because the variance by Board of Adjustment has not been given. Then they go to BOA and they do get the variance, is there any cost to come back to P&Z. Director Shawver stated that if plat was denied, they could appeal to the County Commission. The variance is already on the agenda next week for the Board of Adjustment. If approved bythe BOA they would be able to go to County Commission under appeal the following Tuesday and ask for their approval. There is no cost to the County but the owner would need professional advise and representation.

Commissioner Falco asked if Planning and Zoning waited for Board of Adjustment to rule, would BOA approve or deny?. Director Shawver stated that staff’s recommendation on the issue was for approval. The Subdivision Regulations lay out criteria that has to be met, including a staff recommendation either to approve or deny a variance. Having weighed all the criteria involved, the staff is making a recommendation to the BOA that the variance be granted.

Commissioner Gerardi said P&Z were doing this to accommodate the development community by anticipating and working with the surveyors, owners on these configurations all aware of the problems.

Commissioner Falco asked if more fees were involved to come back to P&Z. Director Shawver stated no.

Director Shawver stated this plat had already gone through a lengthy process to get it to this point. This plat was actually submitted at the end of March to be on the County Commission April agenda. This has been in-house since March 24th. Public hearing on April 30 to vacate the original lot, then to re-plat and now to Board of Adjustment before it goes to County Commission.

Bob Jerett resident at 6251 S. Westway, addressed the Commission. He stated he was present when it was vacated. He did not have any problems about that. He said Steve was concerned about the covenants and Mr. Jerett was also, but a second issue is the lot size. The other lots are in the 3 acre range. Mr. Miller had said he would break it up not to be smaller than the existing lots in plat 7 were. Now the lots are down to 1.4 acres. It may because of the creek problem. Another neighbor told him if Mr. Miller gets to break up his lot why couldn’t he break up his property and sell it off.

Commissioner Gerardi said this plat exceeeds the zoning miniumum size of 7,000 sq. ft.

Mr. Chott approached the Commission and stated he did support Mr. Miller in doing what he wanted with the property. Mr. Miller had helped several of them address the problems with their septic system and he had told Mr. Miller last year he would support him on this issue.

Commissioner Abart made and Commissioner Sloan seconded motion to approve Gateway South Plat No. 10, granting the weaver of traffic analysis and contingent upon the Board of Adjustment granting a variance of the tear lot length.

Voting was as follows:

Frank Abart yes Mary Sloan yes

Ron Marley yes Bill Grace yes

Jon Gerardi yes Joe Falco no

Motion was approved 5 yes 1 no

 

 

 

OLD BUSINESS

Items to County Commission

Moyer’s request for an agri-business located on Blythe Rd., Ashland was approved

by P&Z with a condition that sale of only agricultural produce and horticultural related

items on the premises. County Commission upheld that recommendation. Point of

interest. The owners have since contacted our office that perhaps it might be a

suitable place for a car lot and what was involved in zoning it for that use.

Conditional Use Permit in the community of Wilton for Amega Mobile Homes, Inc., for

Ricky Knight to allow two mobile homes to be attached. County Commission upheld

that recommendation and conditions. One condition was added dealing with keeping

the lot free of zoning violations and not blocking the alley.

 

NEW BUSINESS

Study Session information was given out about a planning workshop that is being offered by Mid-America Regional Council Insurance Trust (MARIT). The dinner and workshop is on Thursday, May 30, 1996 at Buckner MO, from 6:00 to 8:30 p.m. and no cost to the members. The county will provide transportation. If anyone is interested, contact Mr. Shawver.

Mr. Shawver commented that Commissioner Gerardi did a good job in presiding over the meeting in the absence of Commissioner Schnarre.

ADJOURN

Being no further business, the meeting was adjourned at 8:38 p.m.

 

Respectfully submitted,

 

 

 

Keith Kirkpatrick

Secretary

 

Minutes approved on this 20th, day of June, 1996