BOONE COUNTY PLANNING & ZONING COMMISSION
BOONE COUNTY GOVERNMENT CENTER
801 E. WALNUT ST., COLUMBIA, MO.
Thursday, September 19, 1996
Chairperson Schnarre, called the meeting to order at 7:30 p.m., with a quorum present. Roll Call was taken by Acting Secretary Shawver .
Present: Keith Schnarre, Chairman Bourbon Township
Jon Gerardi, Vice Chairman Columbia Township
Mary Sloan Rocky Fork Township
Ron Marley Cedar Township
Bill Grace Centralia Township
Frank Abart Public Works Director
Absent : Joe Falco Perche Township
Keith Kirkpatrick, Secretary Missouri Township
Also present: Stan Shawver, Director Don Abell, Staff
Thad Yonke, Staff Noel Boyt, Staff
Commissioner Sloan made and Commissioner Marley seconded a motion to approve the minutes of August 15, 1996, meeting with no corrections.
Motion passed by acclimation.
CONDITIONAL USE PERMITS
Request by Charles C. and Carole Wyatt on behalf of R.S. and Ruth Palmer
for a permit for an Animal Boarding and Training Facility on 150.52 acres,
located at 4370 Andrews Ln., Columbia.
Thad Yonke gave staff report stating that this property is located approximately 3 1/2 miles northeast of Columbia on Andrews Lane, a gravel, county maintained road. This property consists of 150 acres zoned A-1 (Agriculture). All of the surrounding property is zoned A-1. There is an existing single family dwelling and barn on the property. The applicants are requesting a conditional use permit to allow them to train and board horses. They would like to build a 30 stall barn measuring 69’ x 250’ that would provide shelter for their own 20 horses. They would also train other horses which would require stall space and pasture. This request will not have an impact on the Columbia school district, nor will there be any impact on existing utilities. There have been no previous requests submitted on behalf of this property. 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. An animal boarding and training facility is consistent with that designation. Staff notified 12 property owners concerning this request.
Mr. R. S. Palmer addressed the Commissioners. He wanted to advise that this would be a saddle horse training facility. He had shown horses in Boone County every year since the horse show started. He did rent horses by the hour, or conduct trial rides. The customers own the horses that are boarded, they do not just board them, they train the horses that are there.
Chairman Schnarre stated that the application indicated that the Palmers owned 20 horses and would be training approximately 10 others. Mr. Palmer agreed. Chairman Schnarre asked if he had other people to help him train. Mr. Palmer stated he trained all the horses himself. Mr. Palmer added that they had been in two places in St. Louis, one off of Clayton Road for 15 years, and the place where they are now since 1958.
Open to the public.
Frank Glenn, 11401 E. Judy School, addressed the Commission. He said he wanted to speak in favor of Ruth and R.S. Palmer building the barn. He said he would be losing one neighbor but would be gaining another good neighbor when this property is purchased. He was very much in favor of the request. He also has a training facility, in fact it went before P & Z a few years. ago. He said the Palmers’ had been residents of Boone County in the past and he looks forward to them being in the neighborhood.
Trudy Sommers, 4500 N Andrews Lane, owns property adjoining the Wyatt’s property. She said because it was such a wonderful part of Boone County, they had questions about the use of the property. Their primary concern was what increase in traffic to anticipate. What kind of road maintenance would be done to compensate for it? It is a county maintained gravel road with five (5) homes on it.
Commissioner Gerardi asked the location of Ms. Sommers property. She advised it was at the NW corner of the Wyatt’s (Palmer) property.
Mr. Palmer re-addressed the Commission regarding the traffic. He stated he did not rent horses or anything like that. The traffic would be from the owners coming out to visit their horse, maybe once a week or maybe once a month. As far as traffic, there wouldn’t be any increase.
Closed public hearing.
Commissioner Marley asked if the neighbors were concerned enough that they did not want Mr. Palmer to have this business? Ms. Sommers stated from the audience they were not concerned about having the agriculture business in the area since it is an agricultural community. They were questioning if it would bring in a lot of outside traffic.
Commissioner Marley stated he was originally from the St. Louis area and knew the Frontenac area where the Palmers had an existing facility. If Mr. Palmer was in that area and did well without any trouble, he was sure it would not cause trouble here with the gravel road. Mr. Palmer explained that the business was 1 mile west of Lindbergh Boulevard, off Clayton Road.
Chairman Schnarre said the request was more of a training facility with the horses brought in, trained and taken to a show. Mr. Palmer said he has one customer from St. Louis for 30 years.
Ms. Sommers spoke up and said they were very enthusiastic of the prospect of having this caliber of horses in their neighborhood. They were just concerned about the traffic.
Chairman Schnarre asked staff if it had any concerns? Director Shawver stated no.
Commissioner Grace asked if the request was to approve the size of the building, the number of horses or what. Director Shawver said it was for the land use as an animal training and boarding facility. Boarding was in conjunction with the training since the horses are left there.
Mr. Palmer stated the rest of the barn was to be a work area. Commissioner Gerardi stated he did not know where one would train horses if it was not done out in the middle of the country.
Commissioner Gerardi made and Commission Marley seconded a motion to approve the request by Charles C. and Carole Wyatt on behalf of R.S. and Ruth Palmer for a 30 horse Animal Boarding and Training Facility on 150.52 acres, located at 4370 Andrews Lane, Columbia.
Chairman Schnarre said he felt that the traffic flow would not be increased much over normal farming operations and the trucking and so forth.
Commissioner Gerardi said the type of Conditional Use Permits may need approval because of the business related nature of it, but some how it seems like it should be a permitted use in the zoning classification because that is what agriculture is.
Jon Gerardi yes Ron Marley yes
Keith Schnarre yes William Grace yes
Mary Sloan yes Frank Abart yes
Motion was approved unanimously. 6 yes
W & R Acres, Plat 1. S10-T50N-R12W. A-2.
William & Robin Atkins, owners. James V. Patchett, surveyor.
Thad Yonke gave staff report stating this two lot plat is located on the north side of State Route V. The site is approximately 1/4 mile north of the intersection of Route U and Route V. The area being subdivided contains 12.72 acres. This property is zoned A-2 (agricultural), which is the original 1973 zoning. Water service is provided by Public Water District # 04. There is currently a 2 inch water line running along State Route V. The Water District was unclear as to which side of the road the line runs down and should it be on the south side a service line would need to be bored under the road. The water district does indicate that there should be sufficient water for these two lots. 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 28 points on the point rating scale.
Staff recommends approval along with granting the waivers for cost benefit analysis for sewage treatment and traffic analysis.
Commissioner Sloan made and Commissioner Grace seconded a motion to approve
W & R Acres, Plat 1, with waivers of traffic analysis and cost benefit analysis
for sewage treatment.
Mary Sloan yes William Grace yes
Ron Marley yes Jon Gerardi yes
Keith Schnarre yes Frank Abart yes
Motion to approve plat was unanimous. 6 yes
Deer Valley Estates Plat 2-A, Final Plat. Located in S11-T49N-R12W.
Zoned A-2. William and Linda Schultz, owners. James R. Jeffries, Surveyor.
Don Abell gave staff report stating that this 9 lot subdivision is located on the north side of Highway HH, approximately 1 1/2 miles east of Route B. The area being subdivided contains 34.55 acres and lots are in the 2 1/2 to 4 1/2 acre range. This property is zoned A-2, which is the original 1973 zoning.
This Preliminary Plat for this development was originally approved by the Planning and Zoning Commission in May 1987. The Final Plat for Phase 1 was then approved and recorded in July 1987. Since it had been 9 years since the original Preliminary Plat was approved, a revised Preliminary Plat was submitted and approved in April of this year for this undeveloped portion of Deer Valley Estates. A Final Plat for Phase 2 of this development was submitted for the May meeting, however it was withdrawn by the owner before the meeting.
The proposed sewage treatment for these lots is by individual on-site sewage lagoons. A central treatment verses individual treatment cost comparison was provided with the original submission of Plat 2 in May. This was just handed out again for your review. There is an existing Boone County Regional Sewer District facility to the north of this property, but the Sewer District has verified that there is no extra capacity available for this development.
Water District #4 has an existing four inch water line to this site. Proposed water plans have been submitted to the district and approved. The developer will extend a six inch line with fire hydrants through this development. The Water District has verified that there are adequate flows in this area to meet the minimum requirement.
Deer Valley Lane in Plat 1 is a gravel road that is publicly dedicated right of way, but is not a County maintained road. Deer Valley Lane in Plat 2 will be accessed by this privately maintained road. The Subdivision Regulations require that this private portion of the roadway be a County maintained road. Therefore, all of Deer Valley Lane will need to be accepted for County maintenance. It was determined in May that the Public Works Department would support a waiver of the traffic analysis, since it accesses directly onto Highway HH and the preliminary plat was approved many years before the regulations changed.
The owner has requested a variance from the maximum allowable cul-de-sac length and is proposing a permanent cul-de-sac that does not extend to the adjacent property. Appendix B, Section 2.2 of the Subdivision Regulations states: "The arrangement of rights-of way in a subdivision shall provide for the continuation of existing streets or rights of way in adjoining areas, unless the Planning and Zoning Commission deems such continuation undesirable for reasons of topography or design."......It goes on to say: " Where a new subdivision adjoins undivided land suitable for development, new roads or streets shall be carried to the boundaries of such land and a temporary cul-de-sac shall be installed at that point unless this requirement is for good cause shown waived by the Commission."
There is a band of 100 year floodplain that this road will have to cross. The engineer for this project has developed data that will be included in the required Flood Plain Development Permit to show there will be "no rise" of the 100 year flood plain resulting from this construction.
There have been two additions to the plat since copies were distributed. The first is an 80 by 150 ft drainage easement on both sides of the road at the creek crossing. The second is an access easement to the cemetery adjacent to this property.
This plat has 41 points on the point rating scale.
If the road is not extended to the adjoining undeveloped property as the regulations requires, Staff has to recommend denial of this plat. However, if a right of way extended to the adjacent undeveloped property is provided and a temporary cul-de-sac is provided, the staff can recommend approval with the following condition:
- That the existing portion of Deer Valley Lane providing access to this property be improved before or concurrent with the construction of the new portion of Deer Valley Lane. And furthermore, be included in the request for County maintenance with the new portion of Deer Valley Lane.
Jay Gebhardt, with ALLSTATE Consultants, addressed the Commission. He wanted to first address the variance request that was submitted . There were two concerns with the plat. Stubbing to the adjacent property as the Subdivision Regulations require and the length of the cul-de-sac that will be created with the plat.
Mr. Gebhardt stated that although the existing road is a platted right-of-way, steps were never taken to get it accepted by the Public Works Department for maintenance. He thought what Mr. Abell had suggested in having that road be brought up to standards concurrent with new road construction was a good idea. On the cul-de-sac length, with this plat and the previous plat there are 14 lots. In his perception, the maximum length of a cul-de-sac is for safety reasons; and how many residents can be on a one access street. There are 15 lots, two of which will be owned by Mr. Schultz’s sons. Mr. Gebhardt stated it concerned him that the City and the County base the Cul-de-sac length on the distance rather than the number of people or number of lots. In a residential zoned area with a 750’ ft. street you could have up to 25 homes or lots. This will not endanger public safety.
As far as not stubbing to the adjacent property. Basically the whole reason was to create a private (with no through traffic) subdivision. That is the desire of Mr. Schultz and the people who already live there. They did not feel connecting to the north through the subdivision would be of any benefit to their subdivision or to the people to the north. The subdivision located further to the north has a paved road (O’Rear Road to Rte. B) and he did not think they would want to travel south to Hwy. HH on a gravel road.
Chairman Schnarre asked what the total length of the cul-de-sac would be? Mr. Gebhardt said about 2,000’ ft.
Chairman Schnarre said one reason to limit the length is the because of the blockage for an emergency vehicle for emergency situations.
Jay Gebhardt said they would be flexible if the Commissioners had any suggestions or comments.
Commissioner Grace asked that not very far to the north there was a subdivision? Director Shawver advised that it was 700’ ft. from the end of Mr. Schultz’s property to Hillview Acres subdivision.
Commissioner Gerardi stated he did not see anything wrong with not extending to the property line.
Commissioner Grace asked if the cemetery was land locked. Director Shawver said they did put an easement in the plat to provide access to the cemetery. Commissioner Grace asked about the property that was in the Flood Plain. Mr. Gebhardt stated lot 16A has some area that is in the flood area. It was deceiving, it was flood plain, but not in the flood way. Some fill could be brought in to meet regulations.
Chairman Schnarre asked if it was on-site lagoons? Mr. Gebhardt agreed.
Commissioner Abart asked if it was approved with the long cul-de-sac , how difficult or tedious of a process would it be for them to come back for maybe 30 lots? Director Shawver said they could replat, which means they have to vacate first before County Commission and replat. Mr. Gebhardt said they would be willing to state in the restrictions and covenants that the lots shall not be replatted and/or resubdivided.
Commissioner Marley asked what was the average price of the homes? Mr. Gebhardt stated the would be about $100,000 to $150,000. Commissioner Marley asked about the adjoining community, what was there average? Director Shawver said Hill View Acres was platted in the mid to late 1960’s as an FmHA development, the house value may be $40,000.
Chairman Schnarre asked Commissioner Abart if the road was stubbed into the other subdivision what would be the most likely traveled road. Commissioner Abart thought some might drive through to reach Hwy. HH. Mr. Gebhardt spoke up and said O’Rear is asphalt, Hwy. HH is asphalt and Deer Valley Lane is a gravel road. He could not see people traveling a gravel road to get to HH, to get to Rte B, when they could go straight west to Rte B.
Chairman Schnarre asked if this would be paved. Director Shawver advised it would be gravel because the first section was gravel. The preliminary plat dated back to 1987, so the developer was advised gravel would be allowed. The existing part could not be required to be asphalt, so we could not see any logic to require the new section to be asphalt. However, both sections will have to be built to current standards.
Chairman Schnarre asked if the old section would be upgraded? Mr. Gebhardt said he could not get approval of the final plat unless the existing section is improved. He suggested that if it was approved tonight a condition be added that the plat could not go before the County Commission prior to having the roads accepted.
Commissioner Marley asked how many other 2,000’ ft cul-de-sac have been made? Director Shawver said there were other ones out there. Chairman Schnarre stated there was one big one they approved.
Commissioner Marley asked if staff had any safety concerns? Director Shawver stated no. He continued that Mr. Gebhardt was right, if it had more density there would be more emergency access problems. However, the lots are big enough that if something were to block the road, emergency personnel would just drive across the lot.
Chairman Schnarre said he would probably go with the variance for cul-de-sac length and not stubbing out to the property line; with the condition the existing road would be brought up to county standards.
Mr. Gebhardt wanted to point out that they would be crossing a pretty big branch of Hinkson Creek. They realize that they can not cross the creek and then have the road go under water when it floods and traps people in the back. So they are going to considerable expense to build a structure to pass the 100 year storm.
Commissioner Grace made and Commissioner Sloan second motion to approve Deer Valley Estates, Plat 2-A. granting a variance on the cul-de-sac length, granting variance on requirement to stub the road out to the property line, and requiring the front portion of Deer Valley Estates, Plat 1 be brought up to standards prior to the Deer Valley Estates, Plat 2-A being presented to the County Commission.
Voting as follows:
William Grace yes Mary Sloan yes Frank Abart yes Jon Gerardi yes
Ron Marley yes Keith Schnarre yes
Motion to approve plat was unanimous. 6 yes
Crowley Subdivision, Final plat. S26-T49N-R13W. R-S.
Junior Ray Crowley, owner. Bill R. Crockett, surveyor.
Don Abell gave staff report stating that this is a 1 lot Minor Subdivision located approx. 1/2 mile north of the City of Columbia and is on the north side of Roemer Road and 1/4 mile west of Creasy Springs Road. The property is zoned R-S, which is the original 1973 zoning.
A variance was granted by the Board of Adjustment in June of this year. The stem is 518 feet long.
Sewage from this development will go into an existing privately operated central treatment lagoon that has additional capacity and a D.N.R. discharge permit.
Consolidated Water Dist. #1 has an existing 4" water line along Roemer Road that will provide service to this lot.
The engineer for this project has requested a waiver of the traffic analysis. Staff supports this request, since it is only one lot.
This plat has 73 points on the point rating scale. Staff recommends approval
Commissioner Abart made and Commissioner Marley seconded motion for approval of Crowley Subdivision, Final plat, with waiver of the Traffic Analysis.
Voting as follows:
Frank Abart yes Ron Marley yes
Mary Sloan yes Keith Schnarre yes
William Grace yes Jon Gerardi yes
Motion to approve plat was approved unanimously. 6 yes
Director Shawver reported on the request of Granger Macy and Shari Melton for Review Plan and Request to Rezone to C-GP submitted last month. The Planning and Zoning Commission recommended denial of the request and they did not appeal to the County Commission. However, they had submitted a request for rezoning (September) to REC 1 but that request was withdrawn.
Director Shawver reported on the request of Rocky Fork, L.L.C. for rezoning. The Planning and Zoning Commission recommended denial of the request. However, they did appeal to the County Commission and requested that the decision to be tabled until December, 1996.
Director Shawver reported on the request of Chris Whitehead for rezoning to C-N. Planning and Zoning Commission recommended denial of the request and he did not appeal to the County Commission.
Director Shawver stated that this was Commissioner Geradi’s last meeting. He wanted to express his appreciation and extend a "thank you" to Commissioner Jon Gerardi for serving on the Planning and Zoning Commission for four (4) years.
Being no further business the meeting was adjourned at 8:27 p.m.
Minutes approved on this 17 th, day of October, 1996.