BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

THURSDAY, JULY 18, 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

Mary Sloan Rocky Fork Township

Frank Abart Public Works Director

Ron Marley Cedar Township

Absent : Jon Gerardi, Vice Chairman Columbia Township

Bill Grace Centralia Township

Joe Falco Perche Township

Also present: Stan Shawver, Director Don Abell, Staff

Thad Yonke, Staff Noel Boyt, Staff

 

Commissioner Kirkpatrick made and Commissioner Sloan seconded a motion to approve the minutes of June 20, 1996, meeting with no corrections.

Motion passed by acclimation.

 

CONDITIONAL USE PERMITS

Request by Terry and Annette Thornhill to establish a private family cemetery

on 1 acre located at 4655 N Yeager Rd., Columbia.

Director Shawver gave staff report stating that this site is located approximately 2 miles northwest of Columbia on Yeager Road, a gravel county maintained road. The property is zoned A-2 (Agriculture), as is all of the surrounding land. There is a house on the property that was completed in May 1996. The applicants own a total of 20.06 acres. They are requesting that a permit be issued so that one acre of land may be used as a family cemetery. There will be no additional need for utility services if this request is granted. There have been no previous requests submitted on behalf of this property. This property is located in a designated sink hole area. The 1973 Master Plan and the 1996 85% draft both designate this area as being suitable for agriculture and rural residential land uses. Staff notified 17 property owners concerning this request.

Ms. Annette Thornhill, 4655 N. Yeager Rd., addressed the commission. She stated that she and her husband would like to be buried on there own property when they die. They wanted to set aside property located in the woods.

Chairman Schnarre asked how long had they owned the property? Mrs. Thornhill advised almost two (2) years. Chairman Schnarre asked if the private cemetery was for just the two of them and/or other members of their family? She stated for her and her husband. If the two children wanted to use it, for them also. Chairman Schnarre asked if they had looked into the future care of the cemetery over the years? Mrs. Thornhill stated the children would keep it up.

Chairman Schnarre asked staff what was the zoning? Director Shawver advised A-2. A private family cemetery was allowed in A-1 and A-2 as a Conditional Use.

Commissioner Abart asked staff if there had been inquiry to DNR about regulations or requirements. Director Shawver said the Department of Natural Resources had been contacted since it was a sinkhole area. There concern centered on surface water and channeling of surface water. They were not concerned about anything placed into the ground itself. They were not concerned about ground water contamination.

No one spoke in favor or opposition to the request.

Commissioner Marley asked if anything would be documented on how the cemetery would be carried for after she and her children die? Mrs. Thornhill said no. She continued that, "as a matter of fact, once they are dead and buried they really did not care". She added that people have been buried for hundreds of years at the side of the road as pioneers, and people are stumbling over bones all the time. She did not believe in being buried in a formal cemetery. When they die they just want to be buried close to home and not embalmed.

Commissioner Kirkpatrick asked if their intention was for the children to care for the cemetery after they were gone? Mrs. Thornhill stated the children had expressed willingness to do so, but it did not matter. She did not know if once the children were grown if they would settle in this part of the country. Commissioner Kirkpatrick asked if they could say unequivocally they would continue to own the property. Mrs. Thornhill stated they intended to own the property the rest of their lives and pass it to their children. She continued that what the children did with the land was up to them.

Chairman Schnarre had some comments. He said he has been involved with ownership of land with private cemeteries on them. When placing a cemetery in the center of the property it does create problems in the care of the cemetery. The right of egress, and going to and from it has created problems that have had to be worked through. Property does not necessarily stay in the original familyís hands. As it changes ownership, there has to be some method of access if people need to go to the cemetery site. He stated he would be more in favor of the request if it was close to a public road. He continued he was not against a person having a private cemetery but has some concerns on this request.

Commissioner Kirkpatrick said he saw his point, someone other than the land owner may need access to the property.

Commissioner Sloan asked that if DNR did require a concrete vault, would the applicant be opposed to the request. Mrs. Thornhill said she would object, and that she had checked the Missouri laws before filing the application. Unless you die of commutative disease there was nothing that would require a concrete vault.

Commissioner Abart made a motion to approve the request. Director Shawver suggested that the motion include a requirement to record an access easement between the site and Yeager Road. The Commission could go so far as to require that a survey be recorded plotting the location of the cemetery. This may alleviate the Chairmanís concerns. For further discussion Commissioner Abart withdrew his motion.

Chairman Schnarre stated that over time, most private cemeteries have problems with access and the maintenance. Commissioner Kirkpatrick stated that land abstracts are rarely ever used anymore, so people loose knowledge of the locations of private cemeteries..

Mrs. Thornhill said they would sign a document that if the property is ever sold, that it would be the decision of the current owner whether they even grant access.

Commissioner Kirkpatrick said he could support the request if the applicants could see the benefit of moving the location of the cemetery adjacent to Yeager Road. Mrs. Thornhill said the property is all farmed. Commissioner Abart asked if Commissioner Kirkpatrickís objection was that of access. Commissioner Kirkpatrick agreed. He said the Zoning Commission was also a Planning Commission and needed to look further down the road in time and that is what he was trying to do. Some problems can be resolved before they result in ill will.

Commissioner Kirkpatrick made and Mary Sloan seconded a motion to recommend DENIAL of the request for a private family cemetery on 1 acre of land zoned A-2 (Agriculture).

Keith Kirkpatrick Yes Mary Sloan Yes

Frank Abart No Ron Marley No

Keith Schnarre Yes

 

The recommendation to DENY the request passed. 3 yes 2 no

Chairman Schnarre stated he was not against private cemeteries but they need to look at the future problems with land owners and how it should be handled.

 

 

 

Request by Dick and Liane Huckfeldt for a permit for self-storage units

on 1.02 acres located at 24201 N Fairgrounds Rd., Sturgeon.

Director Shawver gave staff report stating this site is located approximately 1/4 mile north of Sturgeon on Fairgrounds Road. The property is zoned C-G (General Commercial), as is land to the north. Land to the south, east and west is zoned A-R (Agriculture Residential). The applicants are requesting a permit to allow the construction of self storage units on the property. This property was originally zoned A-R, but was rezoned to C-G in March 1996. This request will not result in the need for increased utility services to the site. The 1973 Master Plan designates this area as being suitable for agriculture and rural residential land uses. The 85% draft of the 1996 plan designates this area as being suitable for residential use. Staff notified 7 property owners concerning this request.

Mr. Dick Huckfeldt, owner, addressed the Commission. He stated they had one storage unit in Sturgeon and found there was a need for more units. The original structure was built by Morton Buildings, with insulation in ceilings, roll up doors, gutters and a concrete floor.

Chairman Schnarre reminded the Commission that the rezoning was before them in March.

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

Chairman Schnarre asked staff if the plan was sufficient. Director Shawver said yes, building plans were in the office for construction.

Commissioner Marley made and Frank Abart seconded a motion to recommend APPROVAL of the request for self storage units on 1.02 acres zoned C-G (General Commercial).

Ron Marley Yes Frank Abart Yes

Keith Schnarre Yes Keith Kirkpatrick Yes

Mary Sloan Yes

The recommendation to APPROVE the request passed unanimously.

 

 

Request by Pat A. Olson for an agri-business on 21.6 acres

located at 7400 S Rangeline Rd., Columbia.

Director Shawver gave staff report stating that this site is located approximately 5 1/2 miles southeast of Columbia on Rangeline Rd., just north of the intersection with Highway AB. This property is zoned A-1 (Agriculture) as is all of the surrounding land. The applicant owns 21.6 acres along with an adjoining 11.2 acre tract. There is an existing house and shop on the property. The applicant is requesting a permit for an Agri-business. She proposes to sell livestock bedding. A 2000 sq. ft. warehouse will be constructed for storage. There have been no previous requests submitted on behalf of this property. The 1973 Master Plan and the 1996 85% draft both designate this area as being suitable for agriculture and rural residential land uses. Staff notified 12 property owners concerning this request.

Pat Olson, 7400 S Rangeline Rd., addressed the Commission. She stated the request was to start an agri- business; sales and distribution of livestock bedding and related livestock materials. One change to the request was for the structure to be 40 x 60 instead of 40 x 50 for 2400 sq. ft.

Chairman Schnarre asked if she was presently in this business. Ms. Olson said no she was not. Chairman Schnarre asked if there were other areas she might consider in the future? Ms. Olson said future could include livestock supplements or that of a feed store.

Chairman Schnarre asked if she would be buying and then selling rather than producing on the property? Ms. Olson stated the bedding comes bagged. Her proposal was to distribute and use the building as storage. Chairperson Kirkpatrick asked if the product was wood chips? She agreed. Chairperson Kirkpatrick asked if any thought had been given to mechanical implements? She said the only thing would be a mechanical loading belt and not in terms of sales.

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

Chairman Schnarre asked why the whole 21 acres was involved in the Conditional Use Permit and not the area for the structure? Ms. Olson stated she did not know how to ask for the permit. She only wanted the structure on Tract No. 1 and not No. 2. Chairman Schnarre asked staff if it was possible to restrict the CUP to one building. Director Shawver stated yes.

Commissioner Kirkpatrick made and Frank Abart seconded a motion to recommend APPROVAL of the request for an Agri-business on 21.6 acres zoned A-1 (Agriculture); with the condition as follows:

- sales limited to non-mechanical, livestock oriented products to be sold or stored in a new building no larger than 2400 sq. ft. in size.

Keith Kirkpatrick Yes Frank Abart Yes

Mary Sloan Yes Keith Schnarre Yes

Ron Marley Yes

The recommendation to APPROVE the request passed unanimously.

Notice given that request would go to County Commission on July 30th, at 7:00 p.m.

 

 

REZONING REQUESTS

None for July, 1996

 

 

PLANNED DEVELOPMENTS

Request by Donald and Marjorie Wayland to approve a Final Plan and Plat for WAYLAND PLANNED RESIDENTIAL DEVELOPMENT, on 10.0 acres, more or less, zoned A-1 (Agriculture) located at 7630 S Warren School Rd., Columbia.

 

Director Shawver 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 Final Development Plan and Final Plat 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, nephew of the owner addressed the Commission. He stated he would be purchasing a smaller tract of three acres and the larger tract of 7 acres would be retained in his auntís ownership.

Open to public hearing. In favor of the request.

Renee Roberts, wife of David Roberts addressed the Commission. She said they very much wanted to own the property for many reasons. It had been in the family, would allow them to expand on the property and be close to other family members .

No one spoke in opposition to the request.

Chairman Schnarre asked staff if everything was in order. Director Shawver stated yes.

Commissioner Abart made and Ron Marley seconded a motion to APPROVE the Final Development Plan and Final Plat for Wayland Planned Residential Development.

Frank Abart Yes Ron Marley Yes

Keith Schnarre Yes Keith Kirkpatrick Yes

Mary Sloan Yes

The motion to APPROVE the Final Development Plan and Final Plat passed unanimously

Notice given that request would go to County Commission on July 30th, at 7:00 p.m.

 

Request by Godas Development, Inc. to approve a final development plan for LAKEVIEW MALL Phase 1, Planned Commercial Development

Attorney for the owner was not present. Item postponed for later in meeting. (After Cypress Acres, minor plat when attorney arrived.)

 

 

PLAT REVIEWS

Greenwood Subdivision, minor plat. S22-T51-R12. A-2.

Travis and Jackie Greenwood, owners. Donald E. Bormann, surveyor.

Thad Yonke gave staff report stating this three lot plat is located on the south side of Johannsen Ln. The site is approximately 1 1/4 miles south of Highway CC and roughly centered between Sydow Rd. and Jennings Rd. The area being subdivided contains 14.03 acres. This property is zoned A-2 (agricultural), which is the original 1973 zoning. Water service is provided by Public Water District # 10. There is currently a 3 inch water line along the north side of Johannsen Ln. There is some 100 year flood plain on Lots 1 and 2 and it is shown on the plat. Sewage treatment will be on site, the appropriate area is designated on separate document in the 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 16 points on the point rating scale.

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

Don Bormann, surveyor addressed the Commission. He stated the owner also had 25 acres behind this plat. The owner plans to keep the middle lot of this plat to be able to have access to 25 acres.

Commissioner Kirkpatrick asked what was this plat missing to only have 16 point on the rating scale? Mr. Yonke stated there was a distance from a paved road (over a mile of gravel road), and the site is beyond the mileage requirements for proximity to a municipality. If property is within 3 miles of the city so many points, within 2 miles of the city so many points. This property is just out far enough not to pick up points.

Commissioner Kirkpatrick stated that if this was a 30 lot plat, he would have serious problems with it. Chairman Schnarre asked staff if comfortable with the plat. Mr. Yonke stated that since the owners has 40 acres to the west and it would not be land locked

Commissioner Kirkpatrick made and Commissioner Sloan seconded a motion to APPROVE Greenwood Subdivision, minor plat.

Voting was as follows:

Keith Kirkpatrick yes Mary Sloan yes

Keith Schnarre yes Ron Marley yes

Frank Abart yes

Motion to APPROVE passed unanimously. 5 yes

 

Sidoniah Smith Acres, minor plat. S5-T48-R14. R-S. Sidoniah M. Smith, owner.

Brian David Dollar, surveyor.

Brian Dollar, surveyor not present. Sidoniah Smith Acres postponed to later in meeting.

 

Deer Park Commercial Subdivision, Major Plat. Located in S10-T47N-R12W

Zoned M-L. Dorsey and Bettina Bass, Owners. James Brush, Surveyor.

Don Abell gave staff report stating this 27 lot subdivision is located approximately 3 miles southeast of the City Limits of Columbia, adjacent to , and west of Highway 63. The area being subdivided contains 72 acres. This property is zoned M-L, which is the original 1973 zoning.

The owner has requested a waiver of the traffic analysis for this plat. The Public Works Department has endorsed this request and recommends approval of this waiver, since all roads providing access to this property are State roads. The proposed interior streets will be 38 feet wide with curb and gutter. The direct access onto Highway 63 was at first questioned by staff, however, the State Highway Department confirmed that they will be allowed to have this direct access. This section of right of way on this side of the highway was not purchased as a limited access right of way. Therefore, they cannot deny it. There is in fact an existing field entrance at this location already. At the north end of the development the interior road is shown connecting to the Old Highway 63 roadbed that is currently a dead end road. There are concerns about the increased use of this existing road and the bridge that crosses Bonne Femme Creek. The State Highway Department has concerns about the maintenance and possible need for repairs of the roadway and old bridge because of the resulting increase in traffic. They did, however, think that by having the direct access onto highway 63, there should not be heavy truck traffic on the old roadbed and bridge. Truckers would take the easiest route, which would be Highway 63 and Highway 163. The only concern about the access onto Highway 163 is spacing in relation to the existing driveways. Entrances onto Highway 163 must be at least twenty feet apart.

The proposed sewage system is a central collection and treatment facility to be operated by the Boone County Regional Sewer District. They have provided an 8 acre area for the treatment facility in the northwest part of the property, which is a holding lagoon and irrigation system. Staff checked with the DNR and this is their preferred method of wastewater treatment at this site because of itís proximity to Bonne Femme Creek. This design should keep treated effluent from leaving the property.

This site is in the Consolidated Water District #1 service area. The District and Mr. Brush have negotiated a plan to improve water service to this site. The existing 4" water line that runs along the south side of Highway 163 will be replaced with an 8" line and this 8" line will be extended under Highway 63 and will tie into an existing 4" line. The District is also investigating the installation of a booster station in this area that will improve water flows. The District said the improvement of these lines will allow them to provide at least the minimum fire flows for commercial uses within this development. Interior lines will be 6" and 8" with fire hydrants every 300 feet. Exact flows will have to be determined. The type of use and size of the future buildings could be limited by the Building Codes as they relate to Fire Suppression, depending on the actual fire flows that will be available. The water district did not return their comments in time to allow the surveyor to make corrections, but they require a 20 foot utility easement along all roadways, rather than the 10 foot easements that are shown. Staff suggests making this a condition if approved.

This plat meets the requirements of the Subdivision Regulations and staff recommends approval, however, there are some environmental concerns about this development that should be mentioned. I have talked to the Conservation Department and the D.N.R. about this site. This property drains into Bonne Femme Creek and, in fact, the creek runs through lot 27. About 2 1/2 miles downstream is the Three Creeks State Park. Within the park this creek is in the process of or has been designated a Outstanding State Resource and this is the home of the Topeka Shiner, a fish species that is on the Watch List and the Conservation department is trying to have designated as a Federal endangered Species. The Conservation Department is very concerned about the possible impact this development could have on this environment. Bonne Femme Creek is also a loosing stream. Most of the water flowing down stream enters a series of holes in the stream bed and ultimately ends up in Devilís Icebox Cave in Rockbridge State Park. The DNR is of course very concerned about this environment. The problem is that no one can offer any real solutions. The engineer for this development has expressed a willingness to investigate options if anyone has any. An erosion control plan will be required at the time of final plat submission that should address concerns about sedimentation at the time of construction. However, they also have concerns about such things as chemical run-off from lawn areas; oil, fuel, and antifreeze from cars in parking areas, and other long term run-offs. One thought is to install an erosion control devise as part of the Erosion Control Plan that would be left in place permanently, that would at least catch sedimentable solids and impede the flow of contaminants.

Flood plain development is another concern. Most of lot 27 is in the 100 year flood plain. Staff has suggested making this lot a not for development area. However, the developer did not want to eliminate this lot, as there are a couple of small areas on the lot that are out of the flood plain. Staff recommends that if the lot is going to be build on, at least consider placing a condition on the plat that there is to be no construction located within the designated flood plain.

This plat has 56 points on the point rating scale.

Staff recommends approval with the following conditions:

20 ft untility easements along all roadways be dedicated on the final plat.

No construction be allowed within the designated flood plain.

Jim Brush, engineer and surveyor, 506 Nichols Street, Columbia and Andy Notinger addressed the Commission. First he wanted to thank staff in following along with checking with agencies and organizations who have concerns about this area. What is proposed is trying to get some kind of a uniform plan for the area. There are some needs to be met and feel they can be met and answered by the subdivision process.

Mr. Brush stated that he had met with the regional sewer district. One of their requirements was to try and build enough flexibility in the overall plan to take care of the area and not just this development. Concerns regarding the run off (which may or may not occur) he saw where silt ponds could be provided for temporary storage.

Basically he wanted to get it going and get improvements to the streets, water lines, and a central sewer system going. The water program will get better as time goes on. Wells will be drilled down by the airport area with spur lines through this area.

The original program here was to have an access road that went across the front of the property onto Hwy. 63. The Highway Department (MO Department of Transportation) has eliminated that portion of the access road. In lieu of, they will allow a "right in" and a "right out" similar to the one that "Home Depot" has on Hwy. 63 just north of Interstate 70.

Commissioner Kirkpatrick asked if the waste waster was part of the plat. Mr. Brush said it was part of the plan and needs to be approved by the Department of Natural Resources; prior to that it will go to the Boone County Sewer District before they can get to DNR. Commissioner Kirkpatrick asked if the wastewater lot had a lot number? Mr. Brush said it can be numbered. Commissioner Kirkpatrick said he felt uncomfortable without a designated area numbered. Mr. Brush stated it has become lot No. 28.

Mr. Brush wanted to discuss Lot No. 27. He stated that FEMA designated an arbitrary elevation for flood insurance. That was the primary purpose and does not conform to Flood Plain Regulations. You are allowed to build in the flood way fringe. You can fill and do what you want to as long as you comply with those regulations. As far as the flood line on the paper, it was drawn strictly as an artistic view point by comparing the plan that is published by FEMA. No elevations are given in the Boone County map.

He would like to utilize the lot.

Mr. Abell stated his recommendation on that condition would be rather than the "designated" flood plain it would be the "calculated" flood plain.

Commissioner Abart asked if the calculated flood plain would restrict him beyond range? Mr. Brush stated he would be happy to work with the calculated flood plain.

Commissioner Kirkpatrick asked what was the difference between calculated flood plain and designated flood plane. Mr. Abell stated that FEMA produced the maps in 1983 and in certain areas there are detailed studies with actual flood elevations that have been calculated. Other areas have been labeled as a designated area but no elevation is shown. Director Shawver stated that to develop that property they would have to certify the elevation themselves.

Commissioner Abart made a motion and Commissioner Kirkpatrick seconded motion to APPROVE Park Commercial Subdivision, preliminary plat with the following conditions:

- 20í ft utility easement is provided.

- no construction inside of the calculated flood way.

- wastewater lot be designated as Lot No. 28.

Voting was as follows:

Frank Abart yes Keith Kirkpatrick yes

Ron Marley yes Mary Sloan yes

Keith Schnarre yes

Motion to APPROVE with conditions was passed unanimously. 5 yes

 

 

Cypress Acres, minor plat. S1-T48-R14. R-S. Edward J. Petersheim, owner.

James V. Patchett, surveyor.

Thad Yonke gave staff report stating that this three lot plat is located on the south side of US Highway 40 immediately west of Bolli Subdivision. The site is approximately 1/8 mile east of the intersection of Trails West Dr. and US Highway 40. The area being subdivided contains 10.57 acres. This property is zoned R-S (residential-single family), which is the original 1973 zoning. The owner of this plat received a variance from the BOA on May 23rd 1996 for the length of the stems on lots 2&3, additionally, the condition that only one common driveway to Highway 40 be allowed to access these 2 lots was placed on the variance. Water service is provided by Consolidated Public Water District # 1. There is currently a 4 inch water line along the south side of US Highway 40 which crosses the north portion of lot 1 and the stems of lots 2&3. The water district did note that because of the distance, service lines to lots 2&3 would need to be larger than normal. Sewage treatment will be on site, the appropriate area is designated on separate document in the 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 50 points on the point rating scale.

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

Mr. James Patchett, surveyor addressed the Commission and stated he was present to answer any questions.

Commissioner Abart made and Mary Sloan seconded a motion to APPROVE the final plat of Cypress Acres, granting a waiver of the traffic analysis and sewage cost benefit analysis.

Frank Abart Yes Mary Sloan Yes Keith Kirkpatrick Yes Ron Marley Yes

Keith Schnarre Yes

The motion to APPROVE the final plat of Cypress Acres passed unanimously.

 

 

Attorney for Godas Development, Inc. arrived and due to the number of the public in attendance, the Lakeview Mall Phase 1 was next on the agenda.

Request by Godas Development, Inc. to approve a final development plan for LAKEVIEW MALL 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).

Director Stan Shawver gave staff report stating that this site is located just east of the Columbia City Limits at the intersection of Clark Lane, St. Charles Rd and Lakewood Dr. The site is zoned R-M, moderate density residential. Property to the north and west is zoned R-M, to the south is zoned C-G, General Commercial. Property to the east is zoned C-N, Neighborhood Commercial. The site is now vacant.

In 1973, this site was originally zoned C-N. In July 1974, a .152 acre parcel was rezoned to R-M. In December 1976 an additional 4.29 acre parcel was rezoned to R-M. Both requests indicated the zoning change was to utilize the land in conjunction with the developing Lakewood Estates Condominium Development. In April 1995, a rezoning request and Review Plan were submitted for a Planned Commercial Development. In approving the request, a number of development and use restrictions were placed on the review plan by the Planning and Zoning Commission and the County Commission (see file for Certified Copy of Order).

Mr. Shawver continued that they have received the Final Development Plan which shows Phase 1, west ward 455í ft of the tract. It includes a footprint of a 30,000 sq. ft. building. Plan indicates there are three (3) drives to Clark Lane with no access out to Lakewood Drive at this time. Plan shows 124 parking spaces (100 parking spaces are required by Zoning Regulations). The landscape plan submitted by the applicant does not show the caliber of any of the plant material as required by the condition of approval. 141 property owners were notified concerning this request.

Attorney Tom Schneider, 11 North 7th Street, addressed the Commission on behalf of the owner. Dan Brush of Brush and Associates which prepared and filed the Final Development Plan also came forward. Mr. Schneider explained that the plan allows 24 more parking spaces than the minimum requirements, it is a phased development such that the eastern 1.1 acres would be developed at future time, the signage has been moved to the portion to be developed. The City water or county water district may serve the facility. To approve the plan subject to public water.

Commissioner Kirkpatrick asked if the plan had changed since work session (1 week ago)? Director Shawver said yes. Dan Brush spoke up to advise the areas changed. He stated the sign had been moved onto the development lot, an additional fire hydrant had been added on the north side of the tract and Mill Creek Landscaping submitted the landscaping plan. Commissioner Kirkpatrick asked if this meeting was the first time it was shown. Mr. Brush said he was correct. Commissioner Kirkpatrick stated he was disappointed in not having the plans earlier, he would have liked to reviewed them in depth.

Commissioner Kirkpatrick asked if the staff if the elevations had changed. Director Shawver said this was correct. The elevations plans now match the footprint shown on the plan.

Chairman Schnarre asked about the development of Lakeview Drive. He asked if No. 6, the requirement to improve Lakewood Drive on the conditions was being postponed? Mr. Schneider said yes, this proposal was to develop the west section. Their plans are to bring Lakewood Drive up to county specifications and dedicate it at the time of development of the 1.1 acre out lot (eastern section). Chairman Schnarre stated it was not his intention that improvement to Lakewood Drive be put off as part of a phased development. He continued that he intended that Lakewood Drive by improved when Lakeview Mall was developed. Condition No. 6 was to be met and not skirted around.

Commissioner Kirkpatrick read Condition No. 6. " Lakeview Drive, in its entirety, as it abuts the Lakeview Mall development, shall be improved to County specifications to be accepted and maintained by the County". Mr. Schneider said in that regard he thought it would be appropriate for the Commission to recommend a deletion of the phrase "at the time of the out lot development" as it currently appears on the Final Plan; if the County Commission feels the phrasing of that is appropriate then they can address it.

Mr. Schneider referred to a paragraph in the center lower part of the plan, "Lakeview Drive will be improved to county specifications abutting 1.1 acre out lot at the time of out lot development.", You could recommend the phrase be stricken "at the time of out lot development".

Chairman Schnarre stated that would require doing it at this time. Mr. Schneider agreed.

Commissioner Abart had a concern about the center driveway regarding site distance and the safety. His staff has requested some additional information and calculations used in the turning and a profile. Mr. Dan Brush stated he had that in the office.

Chairman Schnarre stated the preliminary plan shows one entrance and the final plan shows three entrances on Clark Lane. Chairman Schnarre asked if the three entrances would meet the 50 m.p.h. sight distance or did Commissioner Abart know? Commissioner Abart stated the spacing of the driveways was sufficient, it was the sight distance on the existing roadway was of concern. He did not know if it would be reasonable to demand 50 m.p.h. sight distance. Chairman Schnarre questioned if it would be appropriate to specify one, two, or three entrances on this plan? Commissioner Abart stated that from his perspective, they want to see what the proposal was for the entrance onto the roadway and determine if it meets an acceptable level of safety with sight distance.

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

Ms. Glenna Kilfoil, business address is 315 Burnadette, Columbia addressed the Commission of behalf the Lakewood Estates Home Owners Association. She stated that the landscaping was not available this morning for review and was just reviewed prior to the meeting. She stated what was shown was not an adequate buffer and did not think it met all the requirements in the conditions as far as sizes. She asked about the lighting specifications. Chairman Schnarre stated lighting was on the elevation view, she and the Commission were seeing it for the first time.

Ms. Connie Shepherd, 1704 Aspen Circle, Columbia addressed the Commission. She stated she did not notice if provision was made for run-off water. The area between the lake and the parking lot appeared to be 25í ft. She was concerned for the run-off from the parking lot going directly into the lake. She asked what was "EIFS" exterior is composed of as indicated on the elevation plan? She was also concerned about the garbage containers on the northwest corner and what type of protection or view would the home owners see?

Ms. Connie Fazzio, 5609 Pinehurst Lane, Columbia addressed the Commission. Her concern was towards the white pine screen, that it was an inadequate screen. In the case of death of a tree, what replacement would follow? She asked what type of containment was planned for the chemicals at the garbage site? She asked about the access to the lake from the proposed plaza in the event there may be employees or visitors who would want to walk back to the lake? It would create an erosion trail and impact the area.

Mr. Rod Munson, 1704 Aspen Circle, Columbia address the Commission. He stated he was concerned about the oil, or salt used in the parking lot in the winter. It would spill and run directly into the lake killing any fish.

Ms. Bee Norton, 5623 Pinehurst Lane, Columbia which was right on the lake, addressed the Commission. She had the same concerns of the previous residence. She stated that Mr. Godas had spoken to some of the residents, he had spoken of putting in a restaurant with an outside dining area. She was concerned that it did not happen because of the noise and lighting but it would invade her privacy looking right into her patio.

Ms. Tammie Barkready, 1612 Lakewood Drive, Columbia addressed the Commission. She was not aware of the proposed restaurant, but concerned of the noise and additional traffic to the area

Ms. Sue Campbell, 5619 Pinehurst Lane, Columbia addressed the Commission. She wanted to echo the same concerns and those of the water system. Regarding the fire hydrants she was wondering if the linage was large enough to support them?

Mr. Schneider asked Mr. Brush the following questions. What was "EIFS"? Mr. Brush stated it was some type of finishing product.

Another concern was that of the run-off into the lake, what was being done? Mr. Brush stated the parking lot would have curb and gutter and storm drains located and extra drains fro the parking lot can be piped below the dam with adequate erosion control facilities there. In regards to the buffer, Mr. Brush said the criteria given to the landscaper was that it meet the City of Columbia requirements for landscaping. Trees are placed to achieve 80% opacity within 4 years.

Mr. Schneider asked what about the trees that die. Mr. Brush stated that could be made a condition. In regards to the water system, the City of Columbia has water on site. Water Dist. No 2 is currently extending a 6" inch water line to serve Valley Creek subdivision.

Mr. Schneider stated he did remember George Godas making a reference to out side dining. He did not know what was the decision was but if the Commission wanted to address that in the planning process, to do so. Mr. Brush stated they showed a patio on the south side of the "L" facing Clark Lane away from the lake.

Mr. Schneider asked if the dumpsite was going to be enclosed? Mr. Brush stated it should be enclosed in a screened fence.

Commissioner Kirkpatrick asked if the developer had the lot size adequate to provide wastewater

run off for the dam. Mr. Brush answered yes, for the parking run-off and roof drainage.

Commissioner Marley asked how could the pedestrian traffic be prohibited? Could he walk down to the lake from the parking lot and go swimming? No answer was given.

Commissioner Abart asked who owned the lake? Mr. Schneider stated it was his opinion that Godas Development owned it. He stated a year ago there were some contentions where some of the Association members questioned whether they had an interest in the lake or not and it was his belief they did not.

Commissioner Kirkpatrick asked staff if there was any deadline other than the meeting date to receive such plans. Director Shawver stated the regulations do not specify a deadline but the staff wants to get the plans and able to get it to the Commissioners and available to the public as soon as possible. The plans are given to the Commissioners a week before the meeting at the workshop. The applications are due three weeks before the meeting.

Commissioner Kirkpatrick said he is getting tired of receiving plans just before the meeting and as he gets tired, he may start voting against the plans for that reason.

Chairman Schnarre was concerned about the three (3) entrances onto Clark Lane. Commissioner Abart advised that as far as safety, they do met the minimum requirements for spacing, but for safety as far as sight distance, Public Works did not know yet. The east and west entrance were all right, they were concerned with the center entrance.

Chairman Schnarre asked if they needed two entrances and an exit? Mr. Brush stated the reason for the middle entrance was to provide traffic flow. Did not want one exit only and create more of a traffic problem closer to the St. Charles Rd. and Clark Lane intersection and to provide fire access.

Chairman Schnarre stated there were several thing he needed before he would even consider approval of the plan. First would be that statement pertaining to phased construction of Lakewood Drive be deleted. His intention when he voted for the restriction was for Lakeview Drive to be improved when the tract was developed, period. He was unsure of the entrances on Clark Lane and felt he needed more information. Commissioner Abart said his staff is unsure of the middle entrance. They still needed to review the calculations and profile on it.

Commissioner Kirkpatrick said he understood that the middle entrance would improve traffic flow, but he added it may improve traffic flow if maybe 20 to 24 parking spaces were eliminated. This would decongest the middle parking area.

Commissioner Marley wanted to have documentation on who owned the lake. He thought it needed to be resolved. The concerns of the neighbors needed to be addressed; if the developer owns the lake and ends up killing the fish, then he kills the fish. But they are his fish to kill. Mr. Schneider stated he can produce deed ownership to the lake but he did not have it with him tonight.

Director Shawver stated that the development had potential not to be platted. For example, if Mr. Godas develops it himself, retains ownership and leases out spaces. Staff would like to see separate dedication of utility easement and right-of-way on a recorded document which would have to be reviewed by Public Works Department and appropriate utilities for adequacy. Staff would like to see a condition that the fire hydrants be installed prior to building construction beginning.

Commissioner Abart stated on any motion to approve he would like to the middle access subject to Public Works approval if possible.

Commissioner Abart ask staff if this plan met the list of conditions that was required when the review plan was approved? Director Shawver stated that there was a condition requiring a landscape plan showing exact location, species, caliber and size of all plant material. The plan shows location, species and size, but not the caliber.

Commissioner Kirkpatrick ask if the plan had been received earlier would staff have the engineers it was incomplete? Director Shawver stated yes, they would have been advised. The engineers had a copy of the Commission Order listing the conditions of approval since last month.

Commissioner Kirkpatrick said there was a 75% landscape plan that did not meet conditions regardless of when it was received. He asked Commissioner Abart when he would have a decision on the middle entrance. Commissioner Abart said as soon as Mr. Brush supplies them with the calculations and profile they have requested.

Mr. Schneider said the Commission rather frequently passes motions with certain contingencies which have to be satisfied because there might be a building season issue.

Commissioner Kirkpatrick said the only way he would favor a motion was if staff was satisfied of a complete landscaping plan and the plan meets the original conditions.

Commissioner Marley made motion that the landscaping plan has to comply, road safety be addressed on concerns of the middle entrance (reviewed and approved). Chairman Schnarre said if motion was approved with those conditions, the plan would go on to the County Commission and not return to P & Z. The only way for plan to return to P & Z was to table. Commissioner Marley withdrew his motion.

Commissioner Kirkpatrick stated that if the plan goes on to the County Commission with those stipulations it did not seem P & Z was doing their job. That was P & Zís job to review plans and one reason Commissioner Abart was a member of Commission. He continued if Commissioner Abart would agree he would vote for passage with conditions.

Commissioner Abart made and Commissioner Marley seconded a MOTION TO TABLE request by Godas Development, Inc. to approve a final development plan for Lakeview Mall Phase 1, Planned Commercial Development until August, 1996 meeting and to provide additional details in sufficient time for adequate review.

Voting was as follows:

Frank Abart yes Ron Marley yes

Keith Schnarre yes Mary Sloan yes

Keith Kirkpatrick yes

MOTION TO TABLE until August, 1996, passed unanimously. 5 yes

 

 

Sidoniah Smith Acres, minor plat. S5-T48-R14. R-S.

Sidoniah M. Smith, owner. Brian David Dollar, surveyor.

Thad Yonke gave staff report stating that this two lot plat is located on the south side of Highway 40 and north of Old Highway 40 immediately west of lots 1 and 2 of Sidoniah Subdivision. The site is approximately 150 feet west of the intersection of Highway 40 and Shady Hill Ln. The area being subdivided contains 5..854 acres. This property is zoned R-S (residential-single family), which is the original 1973 zoning. The site is located within Consolidated Public Water District # 1. There is currently a 2 inch water line along the south side of Highway 40 up to Shady Hill Ln where it turns 90 degrees and runs south along the west edge of Sidoniah Subdivision. It is unclear as to exactly how water service to the lots of this plat is to be provided. 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 37 points on the point rating scale.

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

Brian Dollar, surveyor was now present for the plats review.

Chairman Schnarre asked if there were concerns regarding the abandonment of the highway? Mr. Yonke stated there was a question earlier but after discussing it with the Public Works Dept. and John Patton, Attorney for Boone County, he was advised it would be able to be platted. Discussion followed.

Chairman Schnarre asked if there was some concern regarding the water utility easement? Mr. Dollar stated that since this is intended as a house lot plat, the owner will do what ever he has to get the water.

 

 

 

Commissioner Abart made and Mary Sloan seconded a motion to APPROVE the final plat of Sidoniah Smith Acres, granting a waiver of the traffic analysis and sewage cost benefit analysis.

Frank Abart Yes Mary Sloan Yes

Ron Marley Yes Keith Kirkpatrick Yes

Keith Schnarre Yes

The motion to APPROVE the final plat of Sidoniah Smith Acres passed unanimously. 5 yes

 

Forest Park, preliminary plat. S33-T50-R12. A-2.

James A. Gregory, owner. Ronald G. Lueck, surveyor.

Don Abell gave staff report stating that this was a 15 lot subdivision which is approximately 4 miles south of Hallsville and half a mile west of Rte B, on Mt. Zion Church Road. The area being subdivided contains 120 acres. The property is zoned A-2 which was the original 1973 zoning. Marshall Engineering has provided sewer cost benefit analysis which far exceeds the individual lagoon system. The property is within Water District No. 4 and arrangements have been made to extend a 6" line from Rte B down Mt. Zion Church Road to the site. They are showing fire hydrants ever 500í as required by the Subdivision Regulations. The traffic analysis was just completed today and a traffic count of 334 cars a day. Our regulations require that traffic count above 250 a day will have to paved.

There was some concern regarding the road lengths. The Subdivision Regulations state the maximum cul-de-sac length is 1000í. However there is a condition where Planning and Zoning Commission has the authority to evaluate that criteria and approve. It was pointed out that this is a very low density development having fewer concerns regarding emergency access as opposed to a development with 50 or even 100 lots.

The property has 29 points on the point rating scale and staff recommends approval.

Nate Cole, with Marshall Engineering addressed the Commission. He said Mr. Gregory and his family have owned the property for quite a while. They desire to develop it in a way that is consistent with the neighborhood.

The traffic count the owner believes was placed on Mt. Zion Church Road over the Fourth of July which would make it high. There is an access at the end of Mt. Zion Church Road to the back in of Rocky Fork Wildlife area which would make the numbers higher than usual. If the roads have to be paved, the property will have to be developed another way.

Commissioner Abart said he would check in the morning on the traffic counts and see when they were taken. He stated that with such a low density he did not mind the longer cul-de-sac. With only 3 or 4 homes on one cul-de-sac verses other developments with 30 to 40 homes he said he was satisfied.

Discussion followed regarding the waste treatment system vs. individual lagoons.

Commissioner Kirkpatrick ask Commissioner Abart of his traffic analysis report any sooner instead the day of the meeting. Commissioner Abart stated they were working on contracting out the reports.

Commissioner Marley made and Commissioner Kirkpatrick seconded motion to APPROVE .

Voting was as following:

Ron Marley yes Keith Kirkpatrick yes

Mary Sloan yes Frank Abart yes

Keith Schnarre yes

Motion to APPROVE Forest Park, preliminary plat. 5 yes

OLD BUSINESS

NEW BUSINESS

Annual election of officers.

Chairperson Schnarre turned the chair over to Director Shawver to conduct the annual election of officers.

Commissioner Sloan nominated and Commissioner Marley seconded nomination to retain the slate of officers of Boone County Planning and Zoning for August 1996 through July 1997.

Keith Schnarre - Chairman

Jon Gerardi - Vice-Chairman

Keith Kirkpatrick - Secretary

Nomination passed by acclimation.

ADJOURN

Being no further business the meeting was adjourned at 10:22 p.m.

Respectfully submitted,

 

 

Keith Kirkpatrick

Secretary

Minutes approved on this 15th, day of August, 1996