BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, October 19, 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 Darin Fugit Columbia Township

Ron Marley Cedar Township

Frank Abart Public Works Director

Joe Falco Perche Township

Absent: Mary Sloan Rocky Fork Township

Bill Grace Centralia Township

 

Also present: Stan Shawver, Director Don Abell, Staff

Noel Boyt, Staff

 

Commissioner Kirkpatrick made and Commissioner Abart seconded a motion to approve the minutes of September 19, 1996, meeting with no corrections.

Motion passed by acclimation.

 

CONDITIONAL USE PERMITS

None submitted.

REZONING REQUESTS

Request by Jeffrey E. Smith Investment Co. to rezone from R-S

(Single Family Residential) to C-GP (Planned Commercial) of 5.99 acres,

more or less, located at 6501 N Rte B, Columbia.

Director Shawver gave staff report stating this property is located on State Highway B, just outside of the Columbia city limits. The property is bounded on the west and north side by the city limits. This 5.99 acre tract is zoned R-S (Single Family Residential), which is the same zoning for the land located to the south and to the east on the other side of Route B. To the west, property is zoned R-1. Property to the north is zoned R-3. There is a single family dwelling on this property that was built in 1991. This site is within the Columbia Public School District. This request is to rezone the land to C-GP (Planned Commercial). A development plan has not been submitted with this request. Boone County Zoning Regulations allow a request for rezoning to planned Commercial without the submission of a development plan. However, before property is actually rezoned, both a Review Plan and Final Development Plan must be submitted and approved. There have been no previous requests submitted on behalf of this property. The Master Plan designates this area as being suitable for residential land uses. Staff notified 14 property owners concerning this request, as well as the City of Columbia. Columbia Planning staff submitted comments that the property should be annexed into the city prior to development.

Ron Shy, with Allstate Consultants, addressed the Commissioners. He was representing Jeffrey Smith, who owns the tract and approximately 200 acres around the request. He stated that this tract has access to Rte B. Mr. Shy advised that some time ago the parcel had been zoned in four (4) different categories. Part of the 4.3 acres just south as C-GP. There was no immediate need or plans for development.

Chairman Schnarre asked if there was a strip of R-S between the tracts. Mr. Shy stated there was but it was owned by Union Electric. There are power lines on the land and so would not be developed for residential use.

Commissioner Kirkpatrick asked if the owner had an easement across that. Mr. Shy stated he did not have an easement across it, nor did he think the owner could ever acquire one.

Chairperson Kirkpatrick stated it was adjacent to the city limits of Columbia. Mr. Shy agreed. If they ever plan a sewer they may have to annex it into the city.

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

Chairman Schnarre asked if they had planned on being annexed? Mr. Shy said they did not have any plans, but he knew the rules may change.

Commissioner Falco asked if the plans would come back to Planning & Zoning before they could do anything. If it was approved for the rezoning, the plans would have to come back before anything would be done, correct? Chairman Schnarre agreed and added unless it was the city’s deal (annexed).

Commissioner Falco made and Commissioner Abart seconded the motion to approve the request by Jeffrey E. Smith Investment Co. to rezone from R-S (Single Family Residential) to C-GP (Planned Commercial) of 5.99 acres, more or less, located at 6501 N Rte B, Columbia.

Chairperson Kirkpatrick stated he was trying to find a reason to rezone the tract. He continued that other requests had been turned down in similar situations in the past, when no plans were brought forth. He remembered a site at the Midway exit was approved without plans.

Chairman Schnarre stated that two years ago they had approved an adjoining tract without the plans. He pointed out which tract to Chairperson Kirkpatrick.

Voting as follows:

Joe Falco yes Frank Abart yes

Keith Kirkpatrick yes Darin Fugit yes

Ron Marley yes Keith Schnarre yes

Motion was approved unanimously. 6 yes

 

Chairman Schnarre wanted to welcome Commissioner Darin Fugit from the Columbia Township to the Planning and Zoning Commission. Commissioner Fugit was replacing Commissioner Gerardi.

 

PLAT REVIEWS

Valley Creek Plat 8. S3-T48N-R12W. R-M. Godas Development, Inc. owner.

James V. Patchett, surveyor.

Don Abell gave staff report stating that this 20 lot subdivision is located along the eastern edge of the City Limits of Columbia, approximately 200 feet north of Clark lane. The area being subdivided contains 7.12 acres and lots are in the 10,000 to 20,000 square foot range . This property is zoned R-M, which is the original 1973 zoning. This is the final phase of development for Valley Creek Subdivision.

The streets serving these lots will be curb and gutter streets. As was the case with plats 5, 6, and 7.

Sewage treatment will be a BCRSD operated central sewer collection system that will empty into a City of Columbia treatment facility. Sewer plans for this phase of development include a provision to eliminate an existing pump station serving part of Lakewood Estates, which will benefit the BCRSD.

This site is in Water District #2. Six inch water lines will provide service to this area. The water district has verified there are adequate water flows available to meet the 250 gpm minimum requirement and the District engineer has designed the water supply plans.

Additional drainage and utility easements have been provided at the request of the Public Works Department, GTE, and the Sewer District.

An engineered Erosion Control Plan has been submitted which addresses concerns about runoff on the adjacent properties in Water’s Edge Estates. The primary method shown to prevent sediment from leaving this property is the placement of "silt fences" and staked straw bales in 5 drainage areas along the north and east of this plat.

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

This plat meets the requirements of the Subdivision Regulations and Staff recommends approval with the condition that the Erosion Control Plan be acceptable to NRCS staff before final County Commission approval.

Mr. James Patchett, surveyor addressed the Commission. He said he did not have any comments unless there were questions from the Commissioners.

Chairperson Kirkpatrick confirmed the total number of points on the Point Rating Scale. He said eighty (80) points would make the plat one of the highest numbers that had been submitted. Chairman Schnarre also said it was one of the highest numbers they had reviewed.

Chairperson Kirkpatrick made and Commissioner Falco seconded motion to approve Valley Creek Plat 8 with the condition that the Erosion Control Plan be acceptable to Natural Resources Conservation Service (NRCS) staff before final County Commission approval.

Voting as follows:

Keith Kirkpatrick yes Joe Falco yes

Frank Abart yes Keith Schnarre yes

Ron Marley yes Darin Fugit yes

Motion was approved unanimously. 6 yes

Lear Subdivision, final plat. S32-T51N-R13W. A-2.

Gary and Delilah Lear, owners. Donald E. Bormann, surveyor.

Don Abell gave staff report stating that this three lot plat is located on the north side of Perche Church Rd. approximately 620 feet northwest of the intersection of Perche Church Rd and Barnett School Rd. The site is approximately 3 miles east and 2 miles north of the city of Harrisburg. The area being subdivided contains 22.62 acres. This property is zoned A-2 (agricultural), which is the original 1973 zoning. Water service is provided by Public Water District # 10. The water district indicates that there is currently a 3 inch water line that runs along the north side of Perche Church Rd that would be used to serve these lots. Sewage treatment will be on-site, the appropriate area is designated on a separate document in the subdivision file. The owner has requested a waiver of the requirement for traffic analysis and cost benefit analysis for sewage treatment. Staff concurs with this request and recommends that the waivers be granted. This plat has 13 points on the point rating scale.

Donald Bormann, surveyor, was present to represent the plat.

Chairman Schnarre asked if Mr. and Mrs. Lear owned more land. Mr. Bormann stated they used to, but it had been sold off years before.

Commissioner Abart made and Chairperson Kirkpatrick seconded a motion to approve Lear Subdivision, final plat with waiver of the requirement for traffic analysis and cost benefit analysis for sewage treatment.

Voting as follows:

Frank Abart yes Keith Kirkpatrick yes

Keith Schnarre yes Ron Marley yes

Darin Fugit yes Joe Falco yes

Motion approved unanimously. 6 yes

 

OLD BUSINESS

 

NEW BUSINESS

Recommendation on Flood Plain Management Regulations.

Director Shawver discussed the Flood Plain Management Regulations. He explained that Boone County participates in the National Flood Insurance Program. By participating, Boone County has agreed to adopt and enforce a Floodplain Management Ordinance that restricts development in the designated floodways. These are areas that have been identified as being subject to flooding. While structures may be built in certain parts of the floodplain, there are restrictions that may require a structure to be elevated or flood proof.

By participating in the National Flood Insurance Program, residents of Boone County are able to purchase flood insurance that would otherwise not be available. In addition, participation makes Boone County eligible to receive federal aid in the event of a disaster (not restricted to flooding). In exchange for these benefits, Boone County has agreed to adopt and enforce floodplain regulations.

Director Shawver continued that the Federal Emergency Management Agency (FEMA) has designed a model ordinance that they request communities to adopt. Boone County currently has such an ordinance in effect, however, FEMA has revised the model ordinance. To maintain eligibility in the National Flood Insurance Program, Boone County is required to adopt the new model ordinance.

The ordinance has been reviewed by State Emergency Management Agency who is in contractual arrangement with FEMA to provide technical assistance to local jurisdictions. They have approved our up-dated ordinance.

Director Shawver said the updated ordinance needed a recommendation by County Planning and Zoning Commission to the County Commission for adoption.

Chairman Schnarre asked what changes were made to the up-dated ordinance? Director Shawver said they have specifically allow agriculture structures to be placed in the flood plain. The structures must be for agricultural use only; for equipment or livestock provided a variance is granted by the Board of Adjustment. That was not spelled out in the previous ordinance.

Accessory structures up to a certain size may be placed in the flood plain without being elevated or flood proofed. Again a variance from the Board of Adjustment must be granted. There is also provision for temporary structures in the flood plain along with several new definitions. Further definitions for "substantial improvement" under the regulations were given.

Commissioner Falco asked if everything being built in the flood plain would go by these regulations. Director Shawver agreed.

Commissioner Abart stated he had just returned from a conference in St. Joseph, MO where he attended a MINK Conference. Missouri, Iowa, Nebraska and Kansas and Region 7 of the Federal Highway Association along with the county engineers and public works officials in the four (4) state area attended. People from Washington D.C. talked to them about regulations and changes that are coming and just that morning FEMA spoke to them about regulations. He said they advised they will be paying more attention to the regulations.

Director Shawver stated that the regulations apply to any development, building a bridge over a creek, or even building a road in the floodplain requires a floodplain development permit. He said the consequence of not keeping the ordinance current (not participating in the National Flood Insurance Program) is that in the event of a disaster of any kind, we (Boone County) may not be eligible for assistance. There would be emergency assistance available, such as getting people evacuated out of the flood plain. But the county would not be eligible for assistance in repairing damage. In the last 10 years there may have been five (5) events that have warranted Federal money coming in. By participating in the National Flood Insurance Program, Boone County has been reimbursed for much of the cost of repairing damage to flooded roadways.

Chairperson Kirkpatrick agreed with Director Shawver in needing the Flood Ordinance because in 1993 flood and with what Boone County had to do, he did not see any way around the up dating the ordinance.

Commissioner Falco stated this could be extra dollars to land owners, but will it cost the county? Director Shawver stated no, because it falls back on the individual property owner. It takes our time to scrutinize and review the permits which our department already does.

 

 

 

 

 

Commissioner Abart made and Commissioner Marley seconded motion to recommend adoption of the Flood Plain Management Regulations to the County Commission.

Voting as follows:

Frank Abart yes Ron Marley yes

Keith Schnarre yes Darin Fugit yes

Keith Kirkpatrick yes Joe Falco yes

Motion was to recommend adoption unanimous. 6 yes

 

ELECTION FOR VICE-CHAIRPERSON

Chairperson Schnarre explained that Jon Gerardi had served as Vice-chairperson of the Commission. When his term expired, the position became vacant. He requested nominations for the seat.

Commissioner Kirkpatrick made and Commissioner Marley seconded nomination for Commissioner Joe Falco to the position of Vice-Chairperson.

Commissioner Marley made and Commissioner Abart seconded motion to close nomination and that Joe Falco be approved as vice chairperson by acclimation.

Motion passed by acclimation.

 

ADJOURN

Being no further business the meeting was adjourned at 8:05 p.m.

 

 

Respectfully submitted,

 

 

Keith Kirkpatrick

Secretary

Minutes approved on this 21st, day of November, 1996.