BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, June 20, 1996

 

Chairperson Schnarre, called the meeting to order at 7:30 p.m., with a quorum present. Roll Call was taken by Secretary Kirkpatrick.

 

Present: Keith Schnarre, Chairman Bourbon Township

Keith Kirkpatrick, Secretary Missouri Township

Jon Gerardi, Vice Chairman Columbia Township

Mary Sloan Rocky Fork Township

Joe Falco Perche Township

Bill Grace Centralia Township

Frank Abart Public Works Director

Ron Marley, arrived 7:33 Cedar Township

Absent : Joe Falco Perche 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 May 16, 1996, meeting with no corrections.

Motion passed by acclimation

Commissioner Marley arrived at meeting at 7:33 p.m.

 

CONDITIONAL USE PERMITS

None submitted

 

REZONING REQUESTS

Request by Beverly K. Hargis to rezone from A-1 (Agriculture)

to A-2 (Agriculture) of 9.10 acres, more or less, located at

15700 N Wright Rd., Hallsville.

Don Abell gave staff report stating that this site is located approximately 2 miles northeast of Hallsville on Wright Rd., a gravel county maintained road. There is a mobile home on the site. The property is zoned A-1 (Agriculture), as is all of the surrounding property. The site lies within the Hallsville School District and Public Water District No. 4. There have been no previous requests submitted on behalf of this property. 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 10 property owners concurring this request.

Beverly K. Hargis, 14500 Level Road, addressed the Commission. She stated the property that they want to rezone was her grandfather’s property. He left it to her mother and her mother has left it to her. She would like to give part of it to her daughter who lives on the property in a mobile home and part of the property to her son. She wants to divide the property into three (3) sections for herself and the two children.

Chairperson Schnarre asked if the 9.10 acres was the total of the property. Mrs. Hargis stated they had 10 acres until 1/4 acre went to the Water District in 1966 for the well to be built. They also lost some property when the neighbors built a lake.

Open to public hearing.

Tina Grindstaff, daughter, Joe Hargis, son and Kirk Grindstaff son-in-law stepped forward in favor of the rezoning request.

No one spoke in opposition.

Commissioner Kirkpatrick asked if the lake was on her property. Mrs. Hargis stated that a small part of the lake is on her property. It lies on the northeast end, about an acre of it when it is dry.

Chairman Schnarre asked who had possession of the lake. Mrs. Hargis stated that Mr. Denton Lewis did, he lives in Monroe City as do his brother, sister and mother. Mrs. Hargis said she had talked to Mr. Lewis and he did not have any problems with her dividing up the property. He did not build the irrigation lake, someone else did. She has an easement right on it

Commissioner Abart asked if it was her intention that if she did not build on her tract she would divide the property to her two children. Mrs. Hargis said that was a possibility. Commissioner Abart asked staff if there was a way to make that a requirement if the rezoning was approved. Director Shawver said no, not on a straight rezoning.

Chairman Schnarre asked staff if there were some options left instead of rezoning. Director Shawver stated that was the only option.

Commissioner Abart asked if any negative phone calls or negative letters been received? Director Shawver stated none had been received.

Mrs. Hargis stated she had talked to all of the property owners around and none of them had any problems with the rezoning.

Chairman Schnarre asked what was the size tracts were being requested? Mrs. Hargis said she was told 2.5 acres was the smallest size for A-2 zoning, but she said she would go with what ever was necessary.

Commissioner Kirkpatrick stated he was concerned about the application. First, the tract does not abut any other A-2, it is almost 1/4 mile from any other A-2 which makes it spot zoning. Also he was afraid it would set a precedent. There may be a time when this area will develop smaller tracts but basically he saw this as a convenience request. He understood the desire to have all of the family on one tract and is sympathetic with that. He was going to have a hard time supporting the request.

Commissioner Abart stated he had a tendency to support the rezoning since there was no opposition.

Commissioner Kirkpatrick stated adding two additional dwellings in that small area would significantly increase the density.

Commissioner Grace asked if there was anything to prevent building three houses on one 10 acre tract? Director Shawver stated that the A-1 zoning has a minimum lot size of 10 acres and that is with one dwelling per 10 acres.

Chairperson Schnarre asked if the crop was farmed? Mrs. Hargis said it was up until this year.

Chairperson Schnarre asked where the nearest A-2 was in relation to this tract. Director Shawver stated the nearest A-2 was on the north side of Davis Road approximately 1/8 mile to the north. The property to the south is A-1.

Commissioner Grace asked what property out there belonged to the City of Columbia? Director Shawver stated it was the COLT Railroad line which the city owns.

Chairperson Schnarre saw no problem other than the spot zoning.

Commissioner Marley made and Commissioner Grace seconded a motion to approve the request by

Beverly K. Hargis to rezone from A-1 (Agriculture) to A-2 (Agriculture) of 9.10 acres,

more or less, located at 15700 N Wright Rd., Hallsville.

Voting was as follows:

Ron Marley yes Bill Grace yes

Jon Gerardi no Keith Kirkpatrick no

Mary Sloan no Frank Abart yes

Keith Schnarre no

Motion to approve rezoning did not pass. 3 yes 4 no

 

Applicants were advised they had an option to appeal to the County Commission within three (3) working days.

Mrs. Hargis spoke out and asked what if someone else comes in and divides their land all up maybe two (2) or three (3) years down the road? Chairperson Schnarre advised they would need to stay within the zoning, A-1 having one dwelling per 10 acres. She asked if the Lewis’ were to rezone all their land into A-2, could she then split hers? Chairperson Schnarre stated that she could reapply for zoning if the situation changed.

Commissioner Kirkpatrick said he sympathized with what they were trying to do, he personally would like to see development move in an orderly fashion, rather than rather than leap frog from one point to another as this would do.

 

 

 

 

 

PLANNED DEVELOPMENTS

Request by Godas Development, Inc. to approve a final development plan

for Godas Plaza Phase 1, Planned Commercial Development on 4.16 acres,

more or less, located at 5641 E. Clark Ln., Columbia (review plan for

Lakeview Mall approved 4/95).

Jim Brush, 506 Nichols Street, Columbia addressed the Commissioners. He asked for the item to be tabled until the next meeting. There were some changes in the architectural rendering and site plan and so they would like to present it at the next meeting.

Chairperson Schnarre made and Commissioner Gerardi seconded a motion to table request by Godas Development Inc., to approve final development plan for Godas Plaza Phase 1, Planned Commercial Development on 4.16 acres, more or less. located at 5641 E. Clark Ln., Columbia.

Voting was as follows:

Keith Schnarre yes Jon Gerardi yes

Bill Grace yes Ron Marley yes

Keith Kirkpatrick yes Mary Sloan yes

Frank Abart yes

Motion to table request was approved. 7 yes

 

 

 

Request by Donald and Marjorie Wayland to approve a review plan for

WAYLAND PLANNED RESIDENTIAL DEVELOPMENT, on 10.00 acres,

more or less, zoned A-1 (Agriculture) located at 7630 S. Warren School Rd.,

Columbia.

Don Abell gave staff report stating that this site is located approximately 3 miles southwest of Columbia on Warren School Rd., a gravel, county maintained road. The property is zoned A-1, as is all of the surrounding area. The site is located within the Columbia School District and Consolidated Public Water District No. 1. This is a Review Plan for an A-1 Planned Residential Development. The PRD regulations allow a configuration creating two lots; only one of which can have a building site. The other tract may not be developed, but can be used for agricultural activities. There have been no previous requests submitted on behalf of this property. 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 concurring this request.

David Roberts, 8151 S. Warren School Rd. addressed the Commissioners. He is the nephew of the owner who was unable to attend. He is requesting the Commission to approve. He would like to move onto the three (3) acres and develop it for a residence. The additional seven (7) acres would not be developed and would be used for agriculture purposes under his aunt’s ownership.

Mr. Roberts stated that his aunt has approximately 500 acres located on that site. This is the area she had designated for him to purchase.

Commissioner Gerardi asked staff what was meant, "Not for development until a rezoning and probably prepared replat are accepted and filed for record". Director Shawver stated that the zoning regulations require such a statement to be included on a A-1 or A-2 zoned PRD. Commissioner Gerardi stated that would call for a note that says, "not for development until rezoned". Chairman Schnarre stated that this is a PRD, they are taking 10 acres and doing a PRD, and this 7 acres can never have a house placed on it or any other structure.

Commissioner Gerardi stated that he did not see the need in doing it if the individual owns all the property all around it.

Director Shawver read from the Zoning Regulations:

"Sec. 6, B. Planned Residential Developments.

4.c. "contains a notarized certification signed by all owners

which specifies that the permitted development desities

of the entire tract have been fully utilized for the designated

development area and that no additional non-agricultural

development can occur on land not included in the designated

development area as long as the land remains in the A-1 or A-2 Districts."

Commissioner Gerardi agreed, but he stated it had nothing to do with "not for development until rezoning". Director Shawver stated that this was not a plat, it was a review plan and would not be recorded. The commission would see a Final Development Plan and a Final Plat come back. Commissioner Gerardi stated he was interested in the wording. He did not think the 7 acre tract should say "not for development until rezoning or properly prepared replat has been filed for record".

Commissioner Gerardi asked why only three (3) acres are to be sold but in A-1, 10 acres are necessary? Director Shawver stated that any amount of land can be sold. But in the A-1 district 10 acres are necessary for a building permit for a dwelling.

Commissioner Gerardi stated that maybe the problem speaks more to our Zoning Ordinances than this particular request.

Director Shawver said the alternative was to seek rezoning of the three (3) acres of ground. Chairperson Schnarre stated this was the way to keep as much land in agri-production.

Open to public hearing.

Ms. Leslie Canole said she was in favor of the request since he would be her neighbor.

No one spoke in opposition of the request. Closed to public hearing.

Chairman Schnarre stated he personally like the way this was done, it preserves the agriculture land. This limits three (3) acres being used for non agriculture purpose.

Commissioner Kirkpatrick asked the applicant if he understand that no development means going down even to a pole barn on that tract? David Roberts said yes.

Ms. Canole spoke up and said this was land that had been in the family five (5) generations. Commissioner Kirkpatrick said he had struggled with the request but after lengthy discussion with Director Shawver, he agreed with Chairman Schnarre that it was a good way of doing it.

Commissioner Kirkpatrick said he saw Commissioner Gerardi’s point with the note, but he felt the concern should not cause the request to be denied.

Commissioner Gerardi stated he did not think that there was anything in the platting process going to effect the agriculture or use of this ground one way or another.

 

Commissioner Abart made and Commissioner Kirkpatrick seconded a motion to approve the review plan for Wayland Planned Residential Development.

Voting was as follows:

Frank Abart yes Keith Kirkpatrick yes

Jon Gerardi no Bill Grace yes

Ron Marley yes Keith Schnarre yes

Mary Sloan yes

Motion to approve the Planned Development carried. 6 yes 1 no

 

PLAT REVIEWS

Barnhart Subdivision, minor plat. S2-T48N-R12W. R-S

Marquerite F. Barnhart, owner. Nathan D. Lacy, surveyor.

Thad Yonke, gave staff report stating this three lot plat is located on the west side of Lakeland Dr. immediately north of lots 1 and 6 of Lakeland Acres Subdivision Number 1. The site is approximately 1 mile north of the intersection of Lake of the Woods Rd. and St. Charles Rd. The area being subdivided contains 2.01 acres. This property is zoned R-S (residential-single family), which is the original 1973 zoning. Water service is provided by Public Water District # 2. There is currently a 4 inch water line along the west side of Lakeland Dr. Sanitary sewer is available. The owner has requested a waiver of the requirement for traffic analysis from the public works department. Staff concurs with this request and recommends that the waiver be granted. This plat has 70 points on the point rating scale.

Staff recommends approval along with granting the waiver for traffic analysis.

Virginia Starks, related to Mrs. Barnhart’s late husband addressed the Commissioners on the owner’s behalf.

Commissioner Gerardi made and Commissioner Sloan seconded a motion to approve plat of

Barnhart Subdivision.

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

Motion to approve plat passed unanimously. 7 yes

 

 

OLD BUSINESS

 

Master Plan revisions

Keith Kirkpatrick gave report that the Plan Working Group of the Long Range Planned Steering Committee met June 10th and continued to review the 85% submittal by Booker and Associates, Inc. After discussion, the working group agreed to adopt their version that had been mailed out. These are recommendations to this body. Commissioner Kirkpatrick said other

P & Z members on the committee were Schnarre, Abart and Shawver. The intent is to vote on the list presented and to forward onto the County Commission with our recommendation.

Director Shawver advised that these were the results of the comments that were made after the Open House and in conjunction with other revisions previously sent (23 different items) to Booker and Associates, Inc.

Chairman Schnarre said to look at the list and if P & Z recommends them to be presented to the County Commission by formal presentation.

Commissioner Gerardi asked if item in 3 and 4, discussing exhibit 4 the south of Hwy. WW by the Little Cedar Creek, is that the upper region of Gains Creek the commercial spot.

Director Shawver said, no this would have been at the very end of Bowling Road off of Rangeline Road. A large structure was on the aerial photo and Booker thought it was commercial.

Commissioner Marley stated he only received the 85% report at the study session. Having not completed reading the report he wanted to abstain from the vote.

Commissioner Gerardi asked about item 11. Commissioner Kirkpatrick said it was not levity, it was a suggestion made at the Open House. There has been disagreement or confusion over what a "Master Plan" is or should be. It was suggested to point out in the Executive Summary what is entailed in a "Master Plan"

Commissioner Kirkpatrick stated it has been a long three (3) plus years in the process and unless there were some areas to be addressed, he would like to have it sent on to the County Commission.

Commissioner Abart made and Commissioner Sloan seconded a motion to recommend the revisions to the Master Plan as developed by the Plan Working Group and be forward to the County Commission.

 

 

Voting was as follows:

Frank Abart yes Linda Sloan yes

Keith Kirkpatrick yes Jon Gerardi yes

Bill Grace yes Ron Marley abstain

Keith Schnarre yes

Motion was approved. 6 yes 1 abstention

 

 

NEW BUSINESS

Nuisance Ordinance

Director Shawver gave report that the County Commission made a request to the Board of Health to develop a Nuisance Ordinance. Several years ago the Board of Health developed a very extensive Nuisance Ordnance and received opposition. This time the Board of Health worked closely with the Farm Bureau in developing a Nuisance Ordnance and submitted it to County Commission for consideration. County Commission asked that the Planning and Zoning Commission look it over and make any suggestions to the ordinance.

It would be enforced by the County/City Health Department. Any suggestions that can be offered would be appreciated. This ordinance did not need the endorsement of the Planning and Zoning Commission.

Commissioner Abart stated during the work session he did not think it would impact the Planning and Zoning Commission. Director Shawver said it would impact the County Commission, they were the ones the complaints go to. If someone calls in regarding neighbors not mowing their grass we advise them there no ordinance and refer them to the County Commission.

Commissioner Gerardi said he had visited with Tom Rhodes and asked if anything specifically had brought this out, he said one of the commissioners had some comments from city people on the south edge of town. Commissioner Gerardi wanted to know what was driving the ordinance, he did not think it was Farm Bureau.

Director Shawver stated he was not aware of any particular property, Planning and Building Inspections did receive calls concerning lawns in subdivisions. Commissioner Gerardi asked if this was an extension to the 12" weed ordnance from city into county? Director Shawver stated yes and into the larger subdivisions.

Commissioner Kirkpatrick stated his problem with the ordnance was applying it to subdivision with 25 or more dwellings. He would much prefer to see it applied on a density basis. Either lots of 2.5 acres or 1/2 acre based on A-2 or A-R classification. Reason being we can all name a subdivision in the county somewhere with 25 or more lots but the lots maybe 5 to 10 acres, heavily wooded and maybe even have some pasture or at least not what you would expect to maintain a 12" or less height on the grass. He would like it to see limited to a subdivision with 1/2 acre lots or less, like Sunrise Estates instead of Rolling Wood out west.

Commissioner Gerardi said he could not agree more. Chairman Schnarre said they probably looked at subdivisions but there are private one (1) lot subdivisions scattered all over the county.

Director Shawver suggested a combination of 25 lots or more of 1/2 acre or less. Chairman Schnarre said maybe just the density.

Commissioner Kirkpatrick said maybe a minimum amount of lots per subdivision. Commissioner Gerardi asked if they were ready for the Weed Police? When the city/county runs into one another at our perimeters and the ways of the city trying to bleed into the affairs of the people in the county. He said he could not tell how incredulous his neighbors would become when they hear someone might have the opportunity to tell them they might have to cut their weeds.

Commissioner Sloan stated that if we do not respond, will the County Commission continue. Director Shawver stated he thought that the County Commission wanted Planning and Zoning Commission to review and if any areas needed to be addressed or suggestions made they would be welcome. Commissioner Sloan stated the above suggestion should be made to the County Commission.

Chairman Schnarre stated if that concept would go in effect as it is, he saw no reason for the emergency clauses. Commissioner Kirkpatrick stated that if the problem existed in the past then it might be necessary.

Commissioner Marley said that the definition of a weed was cultivation of vegetation. Chairman Schnarre said the definition of a weed is any plant out of place.

Commissioner Gerardi asked how did the Farm Bureau get involved. Chairman Schnarre said the Farm Bureau had reviewed the previous one, but it was way out of whack. Director Shawver stated the original ordinance included derelict structures, which could include barns. It covered the whole county, standing water which would be the wetlands.

Commissioner Marley stated that if it can not be enforced, there is no need of more "stuff" on the books.

Commissioner Gerardi said the minutes should note it did not receive a favorable response from the P & Z Commission.

ADJOURN

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

Respectfully submitted,

 

 

 

Keith Kirkpatrick

Secretary

Minutes approved on this 18th, day of July, 1996