BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

7:30 p.m. Thursday, August 15, 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

Jon Gerardi, Vice Chairman Columbia Township

Keith Kirkpatrick, Secretary Missouri Township

Mary Sloan Rocky Fork Township

Ron Marley Cedar Township

Bill Grace Centralia Township

Joe Falco Perche Township

Absent : Frank Abart Public Works Director

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 July 18, 1996, meeting with no corrections.

Motion passed by acclimation.

 

CONDITIONAL USE PERMITS

None Submitted

 

REZONING REQUESTS

Request by Granger Macy and Shari Melton to approve a Review Plan

and Request to Rezone from A-2 (Agriculture) to C-GP (Planned Commercial)

on 5.15 acres, more or less, located at 1400 W Hwy. 124.

Thad Yonke gave staff report stating that this property is located on State Highway 124 approximately 1 1/4 miles west of Highway 63, 5 1/2 miles east of Harrisburg and 10 miles north of Columbia. The site is zoned A-2 (Agriculture) as is all of the adjacent property. The property is heavily wooded. This property is in Water District No. 10’s service area and there is a 4 inch water line on this side of Highway 124. Fire flows are unknown at this time.

This site is in the Harrisburg School District. Electric service is provided by Boone Electric Cooperative. The Boone County Fire Protection District provides fire protection to this area; the nearest station is in Harrisburg. The 1973 master plan and the 85% draft of the 1996 plan both designate this area as being suitable for agriculture and rural residential land uses. There has been no previous requests submitted on behalf of this property. This site has 35 points on the Point Rating Scale. Staff notified 22 property owners concerning this request.

Michael Goldschmidt, Architect at 15 Hitt St., Columbia was present to represent Granger Macy and Shari Melton who were present. Mr. Goldschmidt stated the purpose of the rezoning was for a retreat center for private gatherings, community meetings, church events, workshops and seminars. He said the owners had deemed the best location for this type of activity is in a rural setting, very remote wooded setting. A lot of businesses and church groups have expressed an interest in this type of setting among the trees. The intended occupancy is for 75 people. The current property is 75 acres, zoned A-2. The request is for 5.15 acres that sits to the north side of the site adjacent to Hwy. 124. There is an existing creek on the property, FEMA flood plain is clearly visible on the property and indicated on the review plan. The proposed building site is outside of the flood plain.

They were asking for C-GP (Planned Commercial) zoning. This was the only category for a retreat. He stated that Granger and Shari own the 75 acres and their intention is to build a permanent residence on the property. They would create a buffer around the commercial area of 200’ ft. on the west and an excess of 500’ on the east side.

The first phase of the development would be a 2500 sq. ft. per floor (2 story - 5000 sq. ft. total) building which would include the meeting rooms, kitchen, dinning and over night stay for six (6) bedrooms.

In the second phase (at a later date), there would be 2,000 sq. ft. per floor (2 story - 4000 sq. ft.) addition which would provide mostly sleeping rooms of approximately 12 more sleeping areas. The total plan would be 18 bedrooms.

The private road shown on the plan for the private residence of 12 feet wide. After discussion with the Missouri Highway Department and Planning and Zoning, they have settled on a 24’ to 26’ paved main road with a 100’ ft turning radius to facilitate any fire vehicle that may be visiting the site. The were showing a required state highway apron which would be concrete. They were proposing a DNR approved engineer designed wetlands.

Public Water District No. 10 has a 4" inch line. Fire hydrants would not be on their water line. Boone Electric asked that they add easements to the Hwy. 124 side and to the west side of the property. Site lighting will be kept to a minimum.

The most recent traffic analysis showed 1,050 cars that go by there each day (1992 counts). During an event they would only be adding 75 cars from the retreat per day. Because of the overnight stay, the Fire Department asked for options for fire protection. He listed three that were in the report. 1. The building is small enough not to be sprinkled. 2. Sinking a well and providing a fully automatic sprinkler system for the building. 3. Fire pond. He and the owner were concerned over this request since it would require removal of several of the trees.

Shari Melton addressed the Commission. She state she could not imagine the total attendance to be 75 very often, she saw it an as exception. She anticipated 15 to 20 attending. They also want to have a gazebo which for small weddings of 50 to 60.

Granger Macy stated he had met with staff and wanted a very low key zoning. Commercial zoning was in excess of what they wanted, but that was the only category to place the request. Michael Goldschmidt, Architect spoke up and advised Shari and Grange had sent their own letter to the neighbors to address any questions.

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

Diane Nicks, 1830 W. Hwy. 124, Harrisburg, addressed the Commission stated that she was representing the majority of the neighborhood. She submitted a petition in opposition to the rezoning. They appreciated the letter that the owners mailed out advising what was going on. She stated it being an agriculture area, they were not supportive of it being rezoned to commercial. They are concerned about the entrance for the home and the facility off Hwy. 124. This is traditionally a dangerous area of Hwy. 124. A resident just north of the proposed rezoning has had postal service denied at the end of their drive because of the dangers. The school bus will not stop in that area either. In contacting the Highway Patrol, she was advised there had been 6 accidents in the last five years between Dodd Road and Old No. 7. There has been one fatality.

Ms. Nicks stated that the water line would not support a hydrant. They were glad to see that being addressed since their homes were also in the woods. Regarding the proposed nature trails, concern for the trails extending past the commercial area onto their properties. Ms. Nicks stated the applicants wanted to have meetings, weddings and etc., the neighbors were concerned about the noise. There were existing facilities in Harrisburg to accommodate meetings or weddings.

Chairperson Kirkpatrick asked how many of the neighbors did she represent? Ms. Nicks stated there were 15 in attendance and gave signed petitions with 51 signatures to the Commission.

Mr. Tony Tennill, 15108 N. Old Number 7, Harrisburg, addressed the Commission. He stated one major concern was the traffic. In reading the letter (resume) Shari Melton had sent out he saw nothing that would prevent them from music events, rehabilitation facility for drug addicts or marriage counseling. He said he did not want it there.

Lisa Crader Nichols, 14100 Old Number 7, Harrisburg, addressed the Commission. She asked if she could sign the petition that was done by Diane Nicks. She and her husband agreed that this was something they did not want in the neighborhood because of the traffic.

Dr. Keith Kraner, owns the property at 14100 Old Number 7, Harrisburg, addressed the Commission. His concern was the uncertainty of what kinds of meetings would be there.

Darrell Eynard, owns 40 acres across from the proposed rezoning. He stated he was not sure where the drive would be, but no one can imagine what type of curve the road has. He has trouble getting into his own driveway.

Ms. Louis Kujawinski, 1650 W. Hwy. 124, Harrisburg, adjacent to the property addressed the Commission.

She stated her concern was eventually the property would change hands. What would the future of hold once the property is rezoned.

Ms. Wendy Morgan, 1851 W. Hwy. 124, Harrisburg, addressed the Commission. She asked what the buffer on the north side of the property would be and how close to Hwy. 124 the site would be. She stated she was a licensed clinical social worker and works in the field of mental health. She had an understanding of what the owners wanted to do. But, she has a 20 acre lake and if their clientele would have diagnosed conduct disorders or might have behavioral adolescent problems, there was concern of liability type problems if they did wonder over to the lake. Another concern was what business would or could go onto the 5 acres if the property changes hands.

Closed to the public.

Michael Goldschmidt, Architect, addressed the issues. Regarding the nature trails; in talking to the staff it was discussed that as long as the trails were on their residential property it would be all right, but if it is a concern of the neighbors that would change.

Mr. Goldschmidt, stated he drove that road every day taking his son to school in Harrisburg. It is not the safest section in the world, however, the road was to be placed for the highest visibility pulling out. Regarding the wetlands, he had designed several and it would be the best one for the facility. If the neighbors would want to discuss any other system they would consider changing.

Mr. Goldschmidt, stated two other concerns he heard, one being if the property changes hands and second, who would use the facility. Mr. Goldschmidt wanted to owners to address these questions.

Granger Macy stated, "This was going to be a nice place", and he did not want to have it messed up. They primarily saw adults using the facility for adult type functions. Shari Melton stated she did not have any intentions on having a re-hab facility or therapy on the premise. The retreat center is for church gatherings, meditations. She said she would be the closest neighbor and it would affect them more than anyone else. The closest board retreat is the Rickman Center in Jefferson City.

Chairman Schnarre asked staff if this was a Planned Commercial, with/without restrictions and not a Conditional Use? Director Shawver said yes, it way a Planned Commercial and they could place conditions of approval, performance conditions, restrictions on use and activity.

Chairperson Kirkpatrick asked if the entire entrance was in the flood plain? Michael Goldschmidt, stated it was their intention to raise the entire entrance above the flood plain and the final concrete apron would be above the flood plain.

Commissioner Sloan asked how long had they owned the property? Granger Macy said they owned it since April, 1996.

Chairman Schnarre asked Director Shawver the type or condition of the road? Director Shawver stated Hwy. 124 is an "S" curve on a hill.

Commissioner Gerardi stated he had visited the site and is as concerned as the neighbors in their evaluation of the roadway and visibility of the driveway. He noted that if the traffic count was 1,050 per day and if 75 vehicles came in, it could be as much as 15% increase of the traffic. In his mind, he thought it was spot zoning and shares the neighbors concerns for the future of any property zoned commercial in this basically rural, residential neighborhood. He saw it as a unnecessary intrusion in their country place and unwanted by almost all of the neighbors; he did not think he could support the request.

Chairman Schnarre stated he did not have any problems with the intended use of a board retreat, but hated to go to a commercial zoning. Michael Goldschmidt, said that was also the owner’s dilemma. The request had to be placed under the commercial guide lines.

Commissioner Kirkpatrick stated he also had no problem with the concept, in fact he could see a potential need for this type facility in rural areas in Boone County. Commissioner Kirkpatrick shared Commissioner Gerardi’s concern about the safety of the road. Considering the highway he could not support the request at that particular location.

Commissioner Falco stated he had to echo the concerns where the highway was concerned.

Chairman Schnarre asked if the overnight facility was removed, would that change it from commercial? Director Shawver advised no.

Commissioner Kirkpatrick said the two concerns he was hearing was the spot zoning, and safety. He did not see how either one of those concerns could be alleviated with restrictions.

Commissioner Gerardi stated he could not agree that this was a compatible use in the country side. One lives in the country to enjoy the quiet and solitude and any commercial activity would change the country life.

Commissioner Kirkpatrick moved and Commissioner Falco seconded a motion for DENIAL of the request by Granger Macy and Shari Melton to approve Review Plan and approve rezoning from A-2 to C-GP.

Voting as follows:

Keith Kirkpatrick yes Joe Falco yes

Mary Sloan yes Jon Gerardi yes

Bill Grace yes Ron Marley yes

Keith Schnarre yes

Motion to DENY was approved unanimously. 7 yes

Request by Christopher Allen Whitehead to rezone from A-1 (Agriculture)

to C-N (Neighborhood Commercial) of .67 acres, more or less, located at

10601 Englewood Rd., Ashland.

Thad Yonke gave staff report stating that this property is located on Englewood Road, 1/4 mile east of Englewood; 4 1/2 miles east of Highway 63; 5 miles northeast of Ashland and 9 1/2 miles southeast of Columbia. This site is zoned A-1 (Agriculture) as is all of the surrounding land. The structure on this property formerly served as the district school, but has been used for residential purposes for many years. There are two building permits currently outstanding on this structure; one is for a residential remodeling issued in November 1994. The other permit was issued in May 1996 for an addition to the existing kitchen. This site is within the service area for Consolidated Public Water District No. 1 and there is a three inch water line available. Fire flows are unknown at this time. The Southern Boone Fire Protection District provides fire protection to this area; the nearest station is in Ashland, 8 1/2 miles away by road. The fire apparatus located at Columbia Regional Airport is 3 miles away by road, however, they are apparently prohibited to responding to structural fires off-site. This site is within the Southern Boone School District. Electric service is provided by Boone Electric Cooperative. The 1973 master plan and the 85% draft of the 1996 plan both designate this area as being suitable for agriculture and rural residential land uses. There have been no previous requests submitted on behalf of this property. This site has 33 points on the Point Rating Scale. Staff notified 10 property owners concerning this request.

David Rogers, attorney with offices at 813 E. Walnut St., stated he was representing Chris Whitehead who also was present. He said this was a historic building on the site which had served as the Englewood District School.

Mr. Whitehead wants to use this as a rural restaurant to seat approximately 20. Mr. Rogers continued and said Mr. Whitehead had polled the neighbors and no one had any objection. The building exists, no new building would be built. If the request was approved, they would want a later conditional use for the owner to maintain an apartment on the second floor for convenience and for security. Marshall Engineering is designing an adequate sewer system. As to fire protection there are many methods of modern fire suppression available. Mr. Rogers felt this was a good retro-fitting of an important building in this community.

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

Chairman Schnarre asked staff for the history on Mr. Whitehead’s building permits and inspections.

Director Shawver advised there had been two building permits taken out on the structure. First one was taken out in Nov. ‘94 for a "residential remodeling". Two inspections had been called for. One being a tag electric inspection 5 days after the permit had been taken out and no other inspections until we (staff) initiated a site inspection in April ‘96. A number of code violations were noted. Inspectors made a lengthy report regarding non-compliance to residential requirements. We then received a request for a footing inspection on May 17, 1996. An inspector went out and determined a new addition was being made and no building permit had been issued. No inspection was performed without a permit, so Mr. Whitehead came into the office and then took out a permit for an addition to the residence.

At the time of the footing inspection, Mr. Whitehead told the inspector it was for his restaurant. The inspector advised him that it was not zoned for a restaurant, that this was a residential kitchen. The last inspection was for ground work plumbing, May 28, 1996 with no further inspections requested for structural or anything.

Mr. Rogers comment was that the work that Mr. Whitehead has done, he has tried to do work that was applicable either way this application went tonight. If it has to be used as a residence as it has been the last couple of years it would not go to waste and yet it would be appropriate if restaurant application is approved, then it would not have gone to waste either. Mr. Rogers said if Mr. Whitehead had stepped over the line he apologized.

Commissioner Kirkpatrick asked staff if the electrical code did not meet residential regulations, would it meet commercial regulations? Director Shawver said residential code is much less stringent than commercial electrical codes. The basic electrical codes are the same, some standards have to be met as well as plumbing, structural and electrical, basic standards have to be met. For a commercial application we rely on design professionals (architects or engineers) to prepare a specific design for each structure. We review the plans for code compliance and inspect the structure to see that it complies with all the code requirements that are included in the plans. Residential requirements we have almost a check list for them to follow. If a inspector looks at something from a residential point of view he is looking at it strictly in terms of code compliance. If he is looking at it commercially, he is following plans that have been designed for a place of assembly, or other commercial use. Commercial construction has much more stringent codes,; requirements are different dependent upon the intended use and design of a structure. Based on reading the staff report that was made for the remodeling construction, it does not meet the residential code and it would not meet the commercial code requirements. Before a change of use would take place, we would require engineered designed plans for the entire structure including plumbing, heating, mechanical and electrical.

Commissioner Grace asked what was the estimated seating and hours of operation? Mr. Rogers stated 20, and opened primarily for dinners and lunch on the weekend.

Mr. Rogers wanted to respond to Director Shawver’s comments, he said at such time as this becomes a commercial property to be developed, it would be less of a personal project and would have a professional engineer outline it.

Commissioner Marley stated as the district commissioner, he would like to see Mr. Whitehead’s request be approved. At the study session he learned of the lack of compliance with the rules. Mr. Marley asked if Mr. Whitehead would comply with his current permits regarding codes and then come back. Mr. Whitehead said "absolutely". Commissioner Marley said that would mean electrical, plumbing, footings, the whole process. He continued that he thought it was a little premature to come tonight since he has not followed through with basic code requirements. Mr. Whitehead stated he thought the first permit covered the remodeling and the addition, once he found out he needed another permit he came right away.

Commissioner Falco asked if he lived on the property at present and if rezoning was approved, would he continue to live there upstairs in an apartment? Mr. Whitehead said yes, and if possible he would continue to live there but it was not necessary.

Commissioner Kirkpatrick stated he did not have any questions but had many concerns. Starting with applicant’s poor track record for the permit process in meeting required codes, spot zoning and serious safety concerns with the nearest fire station and equipment 8 miles away. Restaurants have fires. He said he visited the site and he complemented Mr. Whitehead on his landscaping, but he could not support the request.

Commissioner Kirkpatrick made and Commissioner Sloan seconded a motion to DENY request by Christopher Allen Whitehead to rezone from A-1 to C-N.

Voting as follows:

Keith Kirkpatrick yes Mary Sloan yes

Keith Schnarre yes Ron Marley yes

Bill Grace yes Jon Gerardi yes

Joe Falco yes

Motion to DENY was unanimous. 7 yes

 

Request by Rocky Fork, L.L.C., to rezone from R-S (Single Family Residential)

and A-R (Agriculture Residential) to A-2 (Agriculture) of 426.74 acres, more or less,

located at 6791 N HWY. VV (generally bounded on west by Creasy Springs Rd.,

Mauller Rd. on the north and Hwy. VV on the east).

Thad Yonke gave staff report stating that this property is generally bounded on the west by Creasy Springs Rd., on the east by State Highway VV, on the north by Mauller Rd., and on the south by Rocky Fork Creek. The northern 189.89 acres are zoned R-S (Single Family Residential) and the southern 237.04 acres are zoned A-R (Agriculture Residential). The area surrounding the subject tract is zoned A-R, R-S and R-M. This site is within Public Water District No. 7’s service area. There is a 5 inch line into a 6 inch line along Mauller Rd; a 2 inch along part of Creasy Springs Rd, and a 2 inch line down Hwy. VV. This area is within the Boone County Fire Protection District area of response; the nearest fire station is located in Prathersville, approximately 2 miles by road to the Hwy. VV road access. Fire flows are not known at this time. This area is within the Columbia School District. Electric service is provided by Boone Electric Cooperative. The 1973 master plan and the 85% draft of the 1996 plan both designate this area as being suitable for agriculture and rural residential land uses. There have been no previous requests submitted on behalf of this property. This site has 66 points on the Point Rating Scale; part of the area is within the Columbia Urban Service Area. Staff notified 146 property owners concerning this request.

Craig Van Matre, attorney at 1103 E. Broadway Ste. 101, represented the applicant. Mr. Bill Eckhoff, one of the principals, and David Dalton, Comptroller also were present. Mr. Van Matre stated that he assumed the response tonight would be that this request is inconsistent with the County Master Plan and that is going to be very upsetting to the neighbors and destroy their quality of life. If some were honest, they might admit that they did not know there was a quarry there before this. They are asking to rezone for very good reasons. There are 420 acres which is currently A-R and R-S to be zoned A-2 instead. They will concede that it will open a door to a subsequent application for an expansion of the existing quarry. The existing quarry has been there since at least 1963 and it can stay there and they can continue to operate the 69.55 acres. It has probably has enough rock in it to last for Bill Eckhoff’s life time and most of the people in the room, if we want to continue to go down deeper.

They assume the public wants them to be as responsible as possible. That is what they intend to do, not to use the entire 420 acres for residential purposes. By the rezoning they want to use it for agriculture purposes and if some day they come and ask for a Conditional Use Permit they would be asking for expansion of the quarry under circumstances that is approved or disapproved by the Commission, but that is not why they are here today.

The idea of stopping it here tonight would be stopping it forever may have superficial appeal. The continued pressure on Boone County to grow demands that there be rock of the type taken out of the quarry. They are asking for an objective and fair review of the rezoning request based on presentation and knowledge of the county.

Expansion of the quarry beyond the 69.55 acre boundary can not be done without another public hearing like

this one in front of the County Commission and again the Planning and Zoning Commission.

Would they come back some day and ask for an expansion of the quarry if it was rezoned? They thought so, but did not know exactly when. Before they come back asking for an expansion they would be willing to sit through 100 meetings like this with the neighbors alone, asking for their input and asking for a way to accommodate their needs with the business’ needs.

You can have a quarry that goes to China but it will not do the environment any good nor that area of the land any good. No one would want that portion of the land. If the quarry is expanded, they want to be able to reclaim all of the land so it is still reusable for agricultural and residential purposes in the future. To do that they can not go down too deep or out too wide. They have to have a buffer and dirt to move from one section to another to be reclaimed in a systematic fashion. When it is done it would be pasture or a field that is re-useable unlike the quarry on the west side of Columbia. If there is no re-zoning, he sees it as a loss. Under its present zoning the R-S zoned land could be developed into lots as small as 7,000 sq. ft. The A-R area could be developed into subdivisions with lots of 20,000 sq. ft. Both areas could be developed into mobile home parks with a Conditional Use Permit. If that is what you would prefer with the increased traffic, and density with demands on sewer, electric, water, police services, etc., in that area then you would be opposed to the request.

Mr. Van Matre stated that if the rezoning was granted they would meet repeatedly as Mr. Eckhoff tried to do the right thing. Van Matre staid they would not come to the Commission until they did everything possible to obtain the neighbor’s consent.

Mr. Van Matre said Mr. Eckhoff will do the best he can do and to the best of his ability. Mr. Eckhoff thought he would down zone the property to a less intense use and would try to let everyone know what he was doing before he tries to expand. But the outcome is not what he expected, he is perceived as a man in a black hat.

Van Matre continued that in 1993, Mr. Eckhoff had his work crew drop everything to help save the City’s water supply. Without their help, the city would have been without water for 4 months. When the County was going to widen Mauller Road and Creasy Spring, he told them to have the right-of-way for free with no compensation. When some neighbors came to Bill about traffic from the quarry in and out of the gate onto Creasy Springs, he built a road at his expense routing the traffic out of the quarry onto Hwy. VV. Then put a gate up and padlocked it to keep closed. He did this because it was the right thing to do, he was not legally obligated to reroute the traffic but he did.

Mr. Van Matre stated that Bill Eckhoff purchased land on the south of this tract in an area he will never quarry, just for a buffer. They have no intention of turning the 420 acres into a vast waste land. Only a small portion of it will be used for quarry purposes and the rest for a buffer. It will be graded, seeded and turned into more productive land than exists there now. They will not do the job in a way that would damage the environment.

There is an asphalt plant on the property which is fairly close to the stream bed. They are proposing moving the stream bed approximately 200’ ft. away from the asphalt plant in case in the future there is a spill it would be further away from the creek and thus easier to maintain. They are coming to the Commission as humbly and respectfully as they can say it is in the best interest of the county and residents in the area. If given a chance to sit down and negotiate on a contractual bases they would prove it to them and that is why they want the rezoning.

Chairman Schnarre asked when was the acreage purchased? Mr. Eckhoff stated the last portion was purchased in 1994 or 1995. In 1985, 239 acres were purchased and in 1985, 151 acres were purchased.

Chairman Schnarre asked how long has the quarry been in existence? Mr. Van Matre said it has been in existence since 1963.

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

Skip Walther, attorney with offices at 700 Cherry St., Columbia came forward to represent various home owner’s association and neighborhood associations who were in opposition to the request. The reason he was present was to talk about quarry expansion. Mr. Van Matre stated the issue before you was not quarry expansion it was something else. Mr. Walther said he did not hear any reason to change the property from its current zoning. The owners say they do not want to use the property for residential purposes, but that is not a reason to give them a rezoning. From a planning stand point you rezone property for a reason. If land is not used for the purpose it is zoned, then you have to get it rezoned for another. The only issue is the quarry expansion. The issue here tonight is not Mr. Eckhoff’s character, he did not know anyone who would stand up and assail his character. The property owners are concerned about use of the property subject to the rezoning request.

Greg Wolff, 6563 Creasy Springs approached the Commission. He stated his property was surrounded by the property on two (2) sides. In 1973 the Long Range Plan was established giving everyone an idea of the probable future development of the County. People have relied on this plan in making their future plans. A total of 426 acres was a considerable amount to allow for possible expansion to a quarry.. The current explosions and grinding are heard at a distance. Mr. Woolf stated the applicant purchased the property after the zoning was established and presumably knew what the land was zoned for. To change it now, it must be for a significant reason. There are two other existing quarries in Boone County. If the rezoning was approved the P & Z Commission would be saying the Master Plan was not a good plan. Further, to rezone this land would result in a substantial depreciation of his property values and his quality of life. He asked the commissioners not to approve the request.

David Scheafer, President of the Clearview Neighborhood Association and representing over 220 homes and approximately 900 people addressed the Commission. He asked everyone from Clearview to stand and raise their hand. He continued that they were opposed to the down zoning request. First it does not coincide with the long term master plan that was established in 1973 that planned for residential growth in this area. He said from January l, 1992 to October 1, 1992 (9 months) there were 11 homes sold in their subdivision at an average of $41,395. From January 1, 1996 to August 1, 1996 (7 months) there were 14 homes that sold at an average of $59,236. an increase of 43%. This increase resulted from a Neighborhood Improvement District designed to upgrade the streets in the subdivision and sewer system for part of the subdivision. He stated that there are about 100 homes slotted for development just south of their neighborhood with prices starting at approximately $75,000.

Mr. Schaefer stated that in the application to rezone the reason given for the request was to make it possible for future expansion of the quarry. The A-2 zoning would also make it possible for a Sanitary Land fill along with either portable or permanent asphalt, cement or concrete plants. He asked for the Commissioners denial of the request.

Jan Pritchard spoke of the time spent on the Long Range Plan. If this request is approved it the means anyone with money can come in and change things to their satisfaction.

Jason Lockwood said he was currently building a house in the area. Speaking of personal honesty, he did not see Mr. Eckhoff as a man in a black hat, but as a quarry owner. Mr. Lockwood would be happy to see the request stopped tonight. He stated if the quarry can last a lifetime, as stated by Mr. Van Matre, then there is no sense to change it now.

Norma K. Clark Crawford, of Bon Gor Lake Estates addressed the Commission. She said the rezoning would have detrimental effects on property values, the quality of live and the environment. When they purchased their homes it was zoned residential. They wanted to live where it was quiet and peaceful. Rezoning opens the door to uses of the rezoned area which will devalue their homes and possibly cause structural damage. One major concern is the effect it could have on the surface and ground water. Bon Gor Lake Estates is on a private well. Changes in the use of this area could cause damage to the dam and effect the level of the lake. The increased traffic from heavy trucks has already had a detrimental effect on the quality of the roadway.

Steve Watts has been a land owner 19 years and presently lives at 6751 N Creasy Springs Rd. He stated that in the 1973 Master Plan the zoning was A-R and under that umbrella a quarry was not allowed. The only reason why the quarry has continued to work was that it was grandfathered. Because of the explosive growth experienced in the County, a new Comprehensive Plan was done and is nearly complete. The plan makes it clear the north part of the area is due to develop. This Commission is being asked to turn around the growth from where it has been heading for over 23 years. The Master Plan was a document directing future development and should not be ignored . It should be used as a legal guideline. It is a source of protection from people like Mr. Eckhoff.

Gerald Davis approached the Commission. He stated his property is bordered by the subject tract on two (2) sides. He asked the Commissioners if they would want to live next to the quarry? He said his parents had lived there 30 years and he had lived there 28 years. He asked the Commission if the quarry needed to expand 30 acres then they should only request 30 acres, why the 420 acres? Mr. Davis said he knew what L.L.C. stood for. It meant Lots and Lots of Cash.

Otis Shields of 6904 N. Maxine Street, approached the Commission. He stated since the road from the quarry goes to Hwy. VV and not off Creasy Springs, the road noise has decreased but who would want to live in a commercial area.

Ross Swofford who lives on Creasy Springs stepped forward to address the Commission. He said he purchased property 13 years ago. "The first 11 years were fine, then all hell broke loose". The quarry may have been grandfathered but it was not in use those years. He said the truck traffic is continuous. Being 100 ft. above Rocky Fork Creek his house still shakes when they blast at the quarry. Mr. Swoffard said many people invested heavy capital into homes and were concerned of the property value now.

Hank Ottinger representing the Sierra Club (700 local members) addressed the Commission. He said they opposed the rezoning. He wanted to address the negative effect the relocation of Rocky Fork Creek would have on the aquatic life. He did take issue with Mr. Eckhoff. He stated the quarry had been cited for noise violation and the operation was already a non conforming use. They could see no reason to expand the quarry.

Gary Lenzini of 501 Kensington Lane and President of the County Downs Homeowners Association addressed the Commission. He wanted to submit his letter of concern about the request (see file).

Tim Canfield a resident at 5421 Golden Drive in Clearview Subdivision addressed the Commission. He said several other residents and concerned citizens have voiced concerns very succinctly and eloquently. He mentioned the article in the August 14th, Columbia Daily Tribune which made several statements that were vague and misleading.

Mr. Canfield said in the paper it stated "Rocky Fork L.L.C. has no immediate plans to enlarge Central Quarries." He asked what did "immediate plans" mean, it seemed vague. Did it mean a week, a month, a year, a decade, what? He said to the residents it was not a question of immediate, it is a question of EVER. Just the knowledge that the quarry could expand will potentially effect the property values in the neighborhoods. As you can see from the aerials, expansion in any direction will, in, fact bring the quarry closer to someone’s home.

Mr. Canfield asked what is the definition of an acceptable buffer? In winter when the leaves are not on the trees, will this site buffer be affective or will the buffer be large enough to prevent any dust fall out from quarry operations? Or will the buffer be large enough so that when they blast, the homes and foundations won’t be affected. Will the land use plan interfere with development. If the plan can be changed 25 years after zoning was established and after neighborhoods have been developed and established, why should we have any zoning restriction at all in Boone County. As residents living in this area, they would respectfully ask that the request to rezone be denied and preserve the integrity of family neighborhoods.

Mr. Canfield stated the quarry told them they would not start before 6 a.m. and after 7:00 p.m. but it is going at 5:30 a.m. and as late as 11 p.m.

Dale Tolentino, 6000 N. Creasy Springs Road approached the Commission. He stated his property is bordered by the subject property on two (2) sides. He said there was a buffer behind his property to the quarry but the plaster in his house is cracking, and the noise keeps them up at night till 11 p.m. Mr. Tolentino said he has watched trucks leave every 30 seconds, totaling 30 in one hour running all day and all night. The rock crusher sounds like being in Vietnam and being bombed. His wife has been run off the road and school busses have run off the road because the road was so narrow. He and another man went to the quarry to talk to the foreman. Since then the gate has been closed and locked, rerouting the traffic onto Hwy. VV.

Mr. Tolentino said they purchased the property four (4) years ago and were told the quarry was inactive. He had many concerns and was opposed to the rezoning of the quarry.

Drue Maddox said he lived several miles away and has an earth contact home. The blasts still shake his house and if it causes foundation damages he has no where to go. Mr. Maddox said the reason the quarry wants to spread out is cost. It is easier to strip surface rock than to drill for rock. He was pleased to see the road access was discontinued off Creasy Springs.

Carroll Winslow approached the Commission. A letter was presented to the commission with concern about any type of development north of Rock Fork Creek. He said they should have Mr. Eckhoff show he can operate a quarry that is compatible with the neighborhood, then see about rezoning later.

Mr. Van Matre redressed the Commissioners. He stated if he could sit down with each one of the residents they could find common ground. He said the property values have increased as Mr. Scheafer earlier stated. He said that eventually the county will be needing more rock. Mr. Van Matre said the process of reclaiming the land is done three (3) acres and reclaim, three acres and reclaim. People to the north of the quarry might see the quarry operations if it expands.

He continued that the quarry had never been cited for noise problems. If they knew of the problems the neighbors had, they would have been able to help. Mr. Van Matre stated the noise was from the asphalt plant and not the quarry. He stated that if the Master Plan was not to be amended or changed, then the Planning and Zoning Commission would not be needed. Just because this plan was adopted does not mean it can not be changed. He stated that Boone County has bought 50,000 tons of rock from the quarry for its needs.

Bill Eckhoff, addressed the Commissioners. He stated that with the history of the asphalt and the quarry already in existence, the residents built around knowing it was there.

Closed to Public Hearing

Chairman Schnarre asked of the production history the last 5 years? Bill Eckhoff stated the asphalt plat had a level production while the quarry had increased recently.

Commissioner Sloan asked of the activity. Bill Eckhoff said the asphalt plant had been there since the 50’s and the quarry started in the 60’s.

Commissioner Kirkpatrick asked staff how far to the nearest A-2 zoning. Director Shawver said the nearest A-2 zoning was 3/4 mile on the other side of Hwy. 63 to the northeast of this site and a mile to the west. Kirkpatrick stated then it is 3/4 of a mile to 1 mile all the way around the tract. Director Shawver agreed.

Chairman Schnarre asked why the rezoning on the whole 426 acres, is there be a rock supply under the whole 426 acres? Bill Eckhoff said they had drilled some of it. They know the rock is on the land that was bought in 1985 which borders the quarry.

Chairman Schnarre said they had title to the land and could control what goes there no matter what zoning. The P & Z Commission does not have to rezone the land for them to follow the A-2 guidelines. Mr. Van Matre said that when builders and engineers come in to his office to have land rezoned, he tells them you need to have it all rezoned because we want the neighbors to know where the boundary lines are and if it is going to be used sometime in the future, he did not want to have to go through the process again and again and the neighbors would still not be in support of the quarry.

Chairman Schnarre said he could not understand that. He said he was not opposed to the quarry because we need the rock and someone will have to put up with the rock and the blasting. His problem was rezoning the 400 plus acres to A-2 when the Commission could be working on five (5) acre adjacent to the quarry. Mr. Van Matre said that if they could rezone just the area they actually take the rock out of, he could live with that. The problem was the ancillary stuff around it. They might have to move some dirt around . Mr. Van Matre said if he could be assured that he would not be met with problems in the future, he could confine the zoning request down to just the part to mine.

Chairman Schnarre asked how big was the pit? Bill Eckhoff said about 39 acres. Two, maybe four acres of the old pit.

Commissioner Marley said this would be a hard decision but he likes making hard decisions. He did not think that everyone was communicating. He has worn many hats; he is building a business, built one other business, worked in the public sector, he is a tax payer, and owns 30 acres of land. He can empathize and honestly feels everybody hurting, But progress can not be stopped. He was hearing that they will make some kind of concessions or will discuss concessions. He himself lived on a rock road and would like to support the request. This issue not going to go away, it is a matter of how to come together.

Commissioner Kirkpatrick said it is a tough decision. He did not know Mr. Eckhoff except by his sparkling reputation and has never heard a negative word. The issue is not the rock quarry or what goes along with it. This is strictly a rezoning request. The application is to go from R-S and A-R to A-2. A lot of things can happen in A-2, maybe a rock quarry is the worst one of them, he did not know. Mr. Shawver stated a few minutes ago that the nearest A-2 zoning was 3/4 to 1 mile away. He stated the P & Z Commission had turned down another request for rezoning two month ago where a lady wanted to rezone 10 acres from A-1 to A-2 because the nearest A-2 district was 1/8 to 1/4 mile away and it was turned down because it was spot zoning. In the first application tonight, spot zoning was strongly spoken about. The second application tonight spot zoning was talked about. Chairperson Kirkpatrick said he thought this was the "granddaddy of all spot zoning". He has steadfastly opposed spot zoning. A lot has been said about the Master Plan, he had some involvement with the new Master Plan of Boone County. The new Master Plan and the old Master Plan recommend the same uses for this particular area. He could not see how a Master Plan can be created and then completely ignore its recommendations before it even gets off the ground

Commissioner Gerardi said the requests that were cited have been to up grade zoning under the zoning pyramid. The two requests tonight were for residential zoning to commercial zoning . The quarry is of course down zoning from residential to agricultural. Spot zoning is thought of as a zoning to a higher use or a lesser use as looked at by the pyramid. He thought that there was a way to accommodate the on-going quarry enterprise that would benefit the neighborhood more than the possibility of developing 1200 homes on this tract. If Mr. Eckhoff can satisfy and be compatible with the existing homes solving the noise and vibration problems he would support the request. If Mr. Eckhoff can work it out, he will figure it out. He wished the request could set for a month or two while Mr. Eckhoff had a chance to address all of the issues with the people because he wanted to support the request.

Commissioner Grace stated that all the problems that have been addressed are already there. This is not opening or closing the quarry. Rock will continue to come out of the quarry no matter what. But to change 400 plus acres in on swoop does seem counter to what the Master Plan says we should be doing. He can see changing or down sizing something but is having trouble changing that much zoning for not a real reason.

Chairman Schnarre said he drove around and in the quarry. It would tear up roads no matter where it is. The new road looked liked a good way to get trucks out (if there is a good way to get truck out). He had trouble with the whole 400 plus acres.

Commissioner Falco said they are going to mine and have a quarry no matter what is done tonight. He asked staff if the quarry, for what ever reason is not operational, at what point does the land lose grandfather rights. Director Shawver explained that non-use for 12 months can cause the loss of grandfather rights.

Commissioner Falco said he was sympathetic to the residents. He wanted to commend Mr. Echkoff for the drive put in off Hwy. VV. He did not care which way the pie was cut, it was spot zoning. He said being on the Commission for four years the first thing he learned was stay away from spot zoning for various reasons, being up, down or which ever way the rezoning went. He said he would rather see 150 residential housing in there than a rock quarry. Commissioner Falco said there was no way he could support the request due to spot zoning.

Commissioner Gerardi, stated that it appeared that if it was voted on it might fail. He asked if the applicant might want to see it tabled while they work it out.

Mr. Van Matre said they would work it out on the Conditional Use Permit. Chairman Schnarre said that was the problem. They were looking at a rezoning request and the discussion on CUP comes after the approval of this request.

Commissioner Falco said he felt the request should be voted on tonight.

Chairperson Schnarre asked staff about the ancillary uses such as moving dirt from point A to B, using roads etc., is there anything to stop the quarry operator from doing those thing now as long as he does not: A. mine rock; and B. crush it off the 40 acre track that they are working on now.

He continued, can they use the remaining 465 acres to drive/haul the rock around all day and all night in their truck if they want to; or can they borrow dirt from it without being considered a quarry? Director Shawver said he had not given a lot of thought to the possibility. He said if someone calls and asks if they need a building permit to move dirt on their property; the answer is no, you do not need a permit; you can move dirt all over your property as you want. There is no requirement for a permit to build a road on your own property.

Chairperson Schnarre said the point being that they are requesting 400 plus acres be rezoned for ancillary use. It was a natural buffer now.

Mr. Van Matre said if he had not had that argument against him in other municipalities where he practices, he would agree. However, if five years from now gets an injunction to stop him because he is doing something that directly supports the quarry from off the zoned area, he is dead in his tracks. If legal staff from the county can satisfy him and he will never get that argument, he is happy to reduce the request down just to the part of the land to do the mining.

Chairperson Schnarre said he could not speak for county legal staff so no answer tonight. Mr. Van Matre said they can not expand into the area of the rock seam without getting a Conditional Use Permit but prior to that the land must be rezoned. Once the zoning is out of the way we can focus on the mining issues. Chairperson Schnarre said he would rather turn down the request tonight and they come back at some point when they know what specific 10, 15 or 20 acres that are needed.

Mr. Van Matre asked in the mean time what to do about the new houses built around this area that will think they are safe to build? Chairperson Schnarre said if people are so inclined, then they will have to take a chance.

Commissioner Falco said the statement made of not going with the rezoning tonight and to come back in the future with specific 10 or 15 acres, he saw the audience nodding in agreement, it would be a good idea. He wanted to make a motion to deny the request as it stands tonight.

Commissioner Falco made and Commissioner Grace seconded a motion to DENY request by Rocky Fork, L.L.C., to rezone from R-S and A-R to A-2 of 426.74 acres, more or less.

Voting as follows:

Joe Falco yes Bill Grace yes

Keith Schnarre yes Ron Marley no

Jon Gerardi no Keith Kirkpatrick yes

Mary Sloan yes

Motion to DENY was approved. 5 yes 2 no

 

PLAT REVIEWS

Forest Park, Plat 1. S33-T50N-R12W. A-2. James and

Donna Gregory, owners. Ronald G. Lueck, surveyor.

Don Abell gave staff report stating that this site is located approximately 4 miles south of Hallsville and 1/2 mile west of Route B on the north side of Mt. Zion Church Road; and is the Final Plat of the first 6 lots of a Preliminary Plat that this Commission approved in July of this year. The Preliminary Plat contains a total of 15 lots. The area being subdivided contains 42.139 acres. This property is zoned A-2, which is the original 1973 zoning.

Mr. Abell reminded the Commission that a traffic analysis was conducted by the Public Works Department and there was a resulting traffic count from this development of 334 vehicles per day at the intersection of Route B and Mt. Zion Church Road. Once the traffic count exceeds 250 vehicles per day our regulations require the roads within the development to be paved and outside improvements to be investigated. The engineer for the owners, Mr. Kohl, pointed out that the traffic counts were taken over a holiday and because there is a State Park access at the end of the road, the felt the numbers need to be re-examined. Mr. Abart agreed to investigate. Since then the Public Works department has investigated this and reported that the traffic count that they had collected excluding the holiday weekend was actually higher. They are still confident in their original traffic analysis and state that the numbers used are consistent with the Institute of Traffic Engineers standards. However, this part of the plat will result in a traffic count just under the threshold of 250 vehicles per day. This has been discussed with the project engineer and Public Works, but I feel I should restate the following: At such time that the remainder of the property is developed as shown on the Preliminary Plat, the traffic count will be over the threshold and will require that the whole subdivision road be paved and outside improvements investigated.

Sewage treatment will be on-site individual sewage lagoons, suitable sites were shown on the Preliminary Plat.

This site is in Water District #4 The district has an existing 2 inch line along this part of Mt. Zion Church Road. However, the developers and the water district have negotiated an upgrade of the 2 inch line to a 6 inch line from the existing 6 inch line along Route B to this site. 4 fire hydrants will be installed during this phase of development.

This site has 19 points on the point rating scale.

This plat meets the requirements of the Subdivision Regulations so Staff recommends approval.

Commissioner Gerardi asked what was the lowest rating that has passed on the point scale. Mr. Abell stated there was one that passed last month with only 16 points.

Commissioner Kirkpatrick made and Commissioner Sloan seconded motion to approve Forest Park, Plat 1.

Voting as follows:

Keith Kirkpatrick yes Mary Sloan yes

Joe Falco yes Keith Schnarre yes

Ron Marley yes Bill Grace yes

Jon Gerardi yes

Motion to approve plat was approved unanimously. 7 yes

 

OLD BUSINESS

Commissioner Falco made and Commissioner Marley seconded motion to remove Godas Development Inc. for Lakeview Mall Phase 1, from being tabled at July, 1996 meeting. Motion passed by acclimation.

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 (tabled 7/18/96).

Don Abell stated that as a result of the concerns and comments expressed by some of the Planning Commissioners at the work session, the following modifications have been made to the plan:

1. In the comments there was a statement that had a line through it. It was suggested

that this statement be completely erased. This has been done.

2. The center drive location has been moved to the west in order to meet the

requirements of the Public Works Department.

3. The following statement has been added: All parking and drives to have curb

and gutter. Parking and drives are not to drain into the existing lake.

4. On the Landscaping Plan the following comment has been added: Landscaping

and landscape screen will be maintained in good order and not allowed to exist

in a state of disrepair or death. All dead plants will be replaced within the next

growing season. Diseased or damaged plants will be appropriately treated or

replaced. All landscaping will be subject to periodic inspections by the Boone

County Planning and Building Inspection Department.

5. A future utility easement has been shown on the unimproved part of the development

to address a concern of the Public Works Department. However, as with all the

easements on the plan, this will have to be dedicated by separate document.

Staff suggests the following conditions if the Commission approves the plan:

- Dedication documents be acceptable to utilities and public works and recorded prior to the issuance of any building permits.

- Fire hydrants be in place and operational prior to issuance of any building permits.

- Improvements to Lakewood Drive be completed and approved for acceptance by the Public Works Dept. prior to occupancy of the building.

- No temporary occupancy permits be issued for this structure, unless the above conditions have been met.

Tom Schneider, attorney at 11 North 7th, represented the owners. He stated that according to the staff report it indicated all the items had been met. The deck/patio would be on the southwest side and would be buffered by the building. Mr. Schneider stated the language on the plan that had been discussed at work session had been removed as requested.

Commissioner Kirkpatrick asked if an agreement had been made on all the items in question? Chairman Schnarre advised yes and motion should include staff recommended conditions.

Commissioner Falco made and Commissioner Gerardi seconded motion to approve 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 and to include staff’s suggestions for Conditions:

1. Dedication documents be acceptable to utilities and public works and

recorded prior to the issuance of any building permits.

2. Fire hydrants be in place and operational prior to issuance of any building permits.

3. Improvements to Lakewood Drive be completed and approved for acceptance

by the Public Works Dept. prior to occupancy of the building.

4. No Temporary Occupancy permits be issued for this structure, unless the above

conditions have been met.

Voting as follows:

Joe Falco yes Jon Gerardi yes

Keith Kirkpatrick yes Mary Sloan yes

Bill Grace yes Ron Marley yes

Keith Schnarre yes

Motion to approve passed unanimously. 7 yes

NEW BUSINESS

ADJOURN

Being no further business the meeting was adjourned at 11:20 p.m.

 

Respectfully submitted,

 

 

Keith Kirkpatrick

Secretary

Minutes approved on this 19th, day of September, 1996