BOONE COUNTY PLANNING & ZONING COMMISSION
BOONE COUNTY GOVERNMENT CENTER
801 E. WALNUT ST., COLUMBIA, MO.
Thursday, December 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
Joe Falco Perche Township
Mary Sloan Rocky Fork Township
Absent: Frank Abart Public Works Director
Bill Grace Centralia Township
Also present: Stan Shawver, Director Don Abell, Staff
Thad Yonke, Staff Noel Boyt, Staff
Commissioner Falco made and Commissioner Sloan seconded a motion to approve the minutes of November 21, 1996, meeting with no corrections.
Motion passed by acclimation.
CONDITIONAL USE PERMITS
Chairman Schnarre stated he wanted to deviate from the printed agenda due to the fact the Commission believed the first request (International Ventures Corp.) would consume quite a bit of time and the three items at the end of the agenda would not consume much time.
Item 2 under Planned Developments for Jefferson City Oil Inc. would be considered first then two plat reviews before the rezoning request.
Request by Jefferson City Oil Co. Inc. for approval of a Review Plan
that will allow an off premise sign on a previously approved Planned
Commercial Development located at 21400 South Mt. Pleasant Rd.,
Hartsburg. (original plan approved 8/85).
Don Abell gave staff report stating that this property is located on Highway 63, 3 miles east of Hartsburg and 5 miles south of Ashland. This property is part of a 2.17 acre tract that was designated as a Planned Commercial Development in 1985, however, the approved Final Development Plan only covers the north 160 feet of the property. Accordingly, the remainder of the property is zoned A-R, pending approval of a Review Plan and Final Development Plan. This request is to approve a Review Plan for the south part of the property. A sign is proposed to be erected on the property. Approval of this plan will not impact any of the existing utility providers, the Southern Boone School District or emergency service providers. Staff notified 21 property owners concerning this request.
Tom Kolb, President of Jefferson City Oil Co., P O Box 576, Jefferson City, MO, addressed the commission. They were requesting an off premise sign at the property which would be approximately 50 ft high. The bottom, south side, of the sign could be seen as you crest the hill on Hwy. 63 going north. The sign would be approximately 10 ft. by 40 ft, double sided sign.
Chairman Schnarre asked if it would be a lit or unlit sign and of what material? Mr. Kolb stated it would be an unlit sign at this point. The sign would be a wood pole with wood painted sign.
Open to public hearing. No one spoke in favor or opposition to the request.
Commissioner Falco confirmed the sign was not to be lit at this time but asked if there were any future plans for the lighting. Mr. Kolb said at this point, no, there were no plans to light it.
Chairman Schnarre asked staff if they had been to the location and checked the height for the terrain. Director Shawver explained that when toping the hill coming down at the convenience store the visibility for braking to negotiate the turn to the convenience store and to the golf course it does require a taller sign. Commissioner Kirkpatrick asked if staff was comfortable with the sign and if it would create any safety hazards? Director Shawver advised that the staff was comfortable with this request. The sign should not cause any safety problems.
Commissioner Falco made and Commissioner Marley seconded a motion to approve request by Jefferson City Oil Co. Inc. for approval of a Review Plan that will allow an unlighted, off premise sign on a Planned Commercial Development located at 21400 South Mt. Pleasant Rd., Hartsburg.
Voting as follows:
Joe Falco yes Ron Marley yes
Keith Schnarre yes Darin Fugit yes
Keith Kirkpatrick yes Mary Sloan yes
Motion to approve was unanimous. 6 yes
Woods Mill, preliminary plat. S3-T48N-R12W. R-M/R-S.
R.D.M. Development, Inc., owner. Nathan Lacy, surveyor.
Thad Yonke gave staff report stating this forty-two lot plat is located on the west side of Lake of the Woods Road, 450’ north of the intersection of Lake of the Woods Road and St. Charles Road. The site is just outside the east/northeast portion of the City of Columbia. The area being subdivided contains 18.6 acres. This property is split by a division line between the R-S (residential-single family) and R-M (residential-moderate density) zoning districts. The majority of the property is zoned R-M. These are the original 1973 zonings. Water service will be provided by the City of Columbia. There is currently a 6" line along St. Charles and a 2&1/4" line along Lake of the Woods Road. A water main extension will be required from St. Charles Road. The city has plans to up-grade the 6" and 2&1/4" main lines at some point in the future. Sewage treatment will be from a central system that will connect into the system in Waters Edge Estates to the north. The sewer district indicates that the capacity availability of the Waters Edge System will need to be evaluated. A traffic analysis has been conducted and is provided in the file, however, it should be noted that the plat already indicates that the roadways will be hard surface with curb and gutter. The first set of proposed road names was bounced by Joint Communications, we have not received comment on the current set of proposed road names. This plat has 75 points on the point rating scale.
Staff recommends approval.
Jay Gebhardt, engineer with Allstate Consultants, 3312 Lemone Industrial Blvd. Columbia, MO and Reef Parsons representing R.D. Development, Inc. addressed the commission. Mr. Gebhardt stated he was the engineer for Boone County Regional Sewer District on the capacity analysis for Waters Edge. He stated they were looking at connecting the sewers for Pin Oak Neighborhood Improvement District and eliminating Fairway Meadows west lagoon and east lagoon.
This is a 36 duplex lots, zoned R-M, with 6 single family lots platted with one having a triplex (lot 42) that had been grandfather in before zoning. It is to be developed to the County and City of Columbia regulations with curb and gutter streets, and sidewalks.
Commissioner Kirkpatrick made and Commissioner Sloan seconded motion to approve the request by Woods Mill, preliminary plat. R.D.M. Development, Inc., with the condition that Joint Communications, Regional Fire District, and Regional Sewer District sign off before final plat is approved.
Voting as follows:
Keith Kirkpatrick yes Mary Sloan yes
Joe Falco yes Darin Fugit yes
Ron Marley yes Keith Schnarre yes
Motion was approved unanimously. 6 yes
Woods Pointe (formerly West Wood Subdivision), preliminary plat.
S13/14-T48N-R14W. A-2. Glenn Wehmeyer, Patricia Wehmeyer,
Dean Wehmeyer, Dale Wehmeyer, owners. Nathan Lacy, surveyor.
Commissioner Kirkpatrick stated that this property bordered his property on one side. For that reason and to avoid possible questions of conflict of interest, he stepped away from the table and left the room. Director Shawver was made acting Secretary.
Don Abell gave staff report stating that this is a 44 lot preliminary plat with lots in the 5 acre or larger range. It is in an A-2 Agriculture zoning district which is the original 1973 zoning. A traffic analysis was conducted and the Public Works Dept. determined that resulting traffic count is under threshold that would require pavement within the subdivision so gravel roads are permitted.
Water service is by Consolidated Water District No. 1. They have an existing 6" inch transmission line that will provide adequate flows for residential fire hydrants. Proposed sewage disposal is individual on site lagoons. The engineer for the project submitted a Cost Benefit Analysis which indicates an approximate $500,000 difference and even after subtracting a 20 year maintenance that would be born by the Sewer District for a central system there is still approximately a $200,000 difference. This plat has 41 points on the point rating scale. Staff recommends approval.
Jay Gebhardt, engineer with Allstate Consultants, 3312 Lemone Industrial Blvd. Columbia, MO and Glen Wehmeyer , one of the owners addressed the commission. They were present for any questions but did not have any comments.
Chairman Schnarre asked what was the plan of development. Mr. Gebhardt stated it was to start over on Hickory Grove School Road and then the first two streets developing the first 80 acres.
Chairman Schnarre asked about the location of the stub street, Stacy Lane and if it had to be at that location or could it just as easily been between lots 41 and 42? Mr. Gebhardt said they were trying to get in the center of the lot but it could be moved.
Commissioner Sloan and Commissioner Fugit seconded motion to approve Woods Pointe (formerly West Wood Subdivision), preliminary plat.
Voting as follows:
Mary Sloan yes Darin Fugit yes
Keith Schnarre yes Ron Marley yes
Joe Falco yes Keith Kirkpatrick abstain
Motion was approved. 5 yes and 1 abstention
Request by International Ventures Corp. to rezone from
A-1 (Agriculture) to M-LP (Planned Industrial) of 224.3 acres,
more or less, located at 7201 E Hwy. H, Columbia.
Request by International Ventures Corp. to approve a Review Plan
for Centre Pointe Research Park Planned Industrial Development
(see rezoning request).
Don Abell gave staff report stating that this 224 acre tract is located on State Route H, one mile east of Highway 63, approximately 4 miles northeast of Ashland and 6.5 miles southeast of Columbia. The tract is just north of Columbia Regional Airport. The entire tract is zoned A-1 (Agriculture) as is all of the surrounding area. The applicant is requesting that the tract be rezoned to M-LP (Planned Industrial) and has submitted a Review Plan for consideration along with the rezoning request. Boone County Zoning Regulations provide that a Rezoning Request and Review Plan for a Planned Development may be considered concurrently, however, the land will not be rezoned until a Final Development Plan is submitted and approved.
This property has primarily been used for row crops. There is a single wide mobile home on the property, grain bins, and a barn. There have been no previous requests submitted on behalf of this property. The 1996 Master Plan designates this particular site as being suitable for agricultural land uses; however, the Plan does show industrial use in the vicinity of the airport.
There is no existing infrastructure available at this site. Consolidated Public Water District No. 1 plans to drill a new well in the vicinity of the site as early as Spring 1997. This well is part of a project to upgrade the service available at the airport. The improvement will include a 12 inch line along Route H, however, if this development proceeds, the water district will require their main line from the well down Route H to be increased to a 16 inch line. The developer would have to pay a cost differential for the upgrade. Based on the review plan presented with this application, at least a 12 inch line will be required to provide the necessary flows within this development site. Electricity, natural gas, and phone service would have to be extended to the site. A wastewater collection system is not available at the site. The nearest fire station is located in Ashland and is operated by the Southern Boone County Fire Protection District.
This site is located within the Southern Boone School District. The site itself should not have a negative impact on school facilities, and in fact will generate tax money for the district. However, development may result in additional residential growth in the south part of the County.
The south branch of Turkey Creek crosses the north end of this property. Turkey Creek ultimately drains into the Three Creeks State Forest. The Topeka Shiner, a protected species has been identified as inhabiting Turkey Creek. It should also be noted that the Gray Bat, an endangered species, is found in the Three Creeks State Forest.
Staff notified 16 property owners concerning this request, as well as the City of Columbia, Columbia Regional Airport, the Southern Boone Fire District, Consolidated Water District No. 1, the Boone County Sheriff’s Department, the Southern Boone School District, the Missouri Department of Transportation, the Missouri Department of Conservation and the Department of Natural Resources.
Access to this property is provided by State Route H. A Traffic Impact Study was submitted by the developer with this request. The study was prepared by Crawford, Bunte, Brammeier, Traffic and Transportation Engineers of St. Louis. It must be noted that this study only addresses the impact of the first phase of development, which is the first 900,000 square feet of floor area.
According to the study, Phase I is anticipated to generate an additional 790 trips and 820 trips during the a.m. and p.m. peak hours, respectively. It is also anticipated that traffic volumes along Route H would have increased by approx. 800 vehicles per hour, as compared to traffic volumes in 1996. Overall, traffic volumes for the entire road system are anticipated to increase by 55%, as compared to 1996, which includes a 4.4% annual growth rate of the background traffic in the area.
If the entrance to the Columbia Regional Airport is aligned with the main entrance into this development, (thus creating a 4-way intersection with Route H), then the following improvements were determined by the developer’s consultant to be necessary for the first phase of development:
Copies of this study and the Review Plan were forwarded to the MoDOT for review and comment. The following comments were received:
The Permit Division concluded that the east entrance into this development does not meet the MoDOT sight distance requirements, as there is a small hill to the east of this entrance. This entrance would have to be moved approximately 140 feet to the west of the existing airport entrance. A permit for the east entrance at it’s present location could not be issued.
The Design Division response has been summarized by planning staff as follows:
The traffic division does not signalize based on future volumes, but current ones instead. Therefore the intersection must meet warrants first and then be signalized. At this particular location many factors would have to be considered before signalization. Such factors as speed, geometrics, queue lengths, delay and accident patterns.
In the future, if traffic volumes increase, then we would pursue the construction of the interchange, rather than the installation of signals.
The following recommendations were made:
Staff has concerns about lots that appear to have direct access onto Route H and recommend that no individual entrances be allowed to have direct access onto Route H.
An Environmental Study was also submitted by the developer with this request. The study was prepared by Environmental Technologies Group, located at the University of Missouri-Columbia. Copies of this study and the Review Plan were forwarded to the USDA-Natural Resources Conservation Service, hereafter NRCS, for review and comment. The following comments were received:
The environmental study details in an excellent manner the conditions that exist in this location. The tract is in a very environmentally sensitive area and great care will need to be taken to prevent any off-site problems.
The study points out the need for controlling soil erosion and reducing the potential stormwater runoff after development. It is recommended that planned erosion control measures and stormwater detention structures be reviewed by NRCS staff prior to final approval and construction. The NRCS is in the process of filling an urban conservationist position for Boone and Cole Counties. This individual would be available to work with the developer and engineers to make site specific recommendations for controlling soil erosion and stormwater runoff.
Sewage Disposal will have to meet MoDNR requirements. The owner and the City of Columbia have started negotiations that would allow the developer to upgrading the sewage disposal system for the Columbia Regional Airport, and subsequently allow this development to connect to that system. However, approval is subject to City approval and approval by the MoDNR. Staff feels this to be the best option as the treated effluent would be discharged into Big Branch Creek drainage area instead of the sensitive Turkey Creek basin. Another option that has been proposed, if the first option cannot be done, is to install a sewage treatment plant on this property and pipe the treated effluent to the east into the Big Branch Creek drainage area. After that the only options would be a treatment system with land application or treatment system with discharge into the Turkey Creek Basin. Individual on-site sewage treatment systems should be prohibited. Only a centralize sewage collection and treatment facility should be allowed. Mr. Hentges from the MoDNR is here tonight if the Commission has any further questions after the staff report.
Water supply currently consists of a 5 inch water line on the north side of Route H. This will not be adequate for this type of development, however, as stated earlier in this report, Consolidated Water District #1 and the City of Columbia have plans for the very near future to upgrade the water supply system in this area. It is anticipated that this development could require flows between 2000 and 3500 gpm, which the District’s engineer reports to be possible after the upgrades for the airport project are complete.
The regulatory 100 year floodplain area is shown on the plan. No development is shown within the floodplain. Construction within a floodplain requires a floodplain development permit, but due to the sensitive nature of the creek, staff recommends that this commission consider prohibiting construction altogether within the designated floodplain.
The nearest emergency service response is approximately 5 miles away in the City of Ashland. There have been discussions with the developer regarding the dedication of a lot for a Southern Boone Fire District Station. As some of the Commission may recall, one of the conditions for approval of the Eagle Knoll Planned Development was the dedication of a lot to the Southern Boone Fire District for a Fire Station Site. If that is done here, it is suggested that provisions be made that will allow a fire station to be built. In other words, restrictive covenants and/or architectural control requirements of the development should not make it too costly for the Fire District to ever construct a station there.
The Boone County Zoning Ordinance requires that all structures within 1 mile of the airport be less than 50 feet above the airport elevation. Additionally, a copy of the Airport Layout Plan shows an "Avigation Easement" on part of this property. In order for any construction to occur within this easement approval will have to be obtained from the FAA.
Staff recommends the following conditions if the review plan is approved:
1. Delegate authority to the Director of Planning and Building Inspection to reduce the number and size of lots and/or the size of the buildings shown on the approved Review Plan, not withstanding the requirements of the subdivision regulations.
2. No more than 900,000 square feet of floor space will be allowed without the preparation of a second traffic study. The traffic study will consider the existing development, any additional development and design changes that have been realized through the initial phase of development. The traffic study will be at the developer’s or his successors in title expense.
3. Any off premise improvements identified as necessary based on the second traffic study shall be funded by the developer or his successors in title.
4. The engineered erosion control plan required at the time of the Final Plat shall include at a minimum all the suggestions and recommendations of the Environmental Study Submitted by the Environmental Technologies Group and NRCS staff comments. In addition, erosion control devices shall be installed prior to any construction and these devices must be inspected and approved by USDA-NRCS staff or their designee prior to said construction.
5. Permanent, post construction erosion control and/or stormwater management devices shall also be installed and then inspected and approved by USDA-NRCS staff or their designee prior to the issuance of a final occupancy permit for that structure.
6. Entrances into this development must be approved by the MoDOT and no individual lot access be allowed directly onto Route H.
7. The suggestions and recommendations of the MoDOT and the Traffic Impact Study submitted by Crawford, Bunte, Brammeier be followed, except those suggestions and recommendations that the MoDOT deems unnecessary, incorrect, etc. Improvement shall be made at such time that the MoDOT determines they are necessary.
8. No individual sewage treatment systems of any type shall be allowed. Only a centralized sewage collection and treatment system shall be permitted.
9. Oil and grease trap catch basins be installed for all runoff from all impermeable parking and loading areas prior to the issuance of a Final Occupancy Permit for the structure requiring the parking or loading area.
10. A landscaping and buffering plan be submitted and approved by the Planning and Zoning Commission Prior to County Commission approval of the Final Subdivision Plat.
11. Building setback requirements for the M-LP zoning district be applied to each lot in addition to the perimeter.
12. Restrictive covenants be submitted for review and approval by the Planning and Zoning Commission prior to County Commission approval of the Final Subdivision Plat to ensure adequate provision for the continued maintenance of common areas.
13. A lot be dedicated to the Southern Boone Fire District for use as a future fire station and restrictive covenants shall not cause a more costly fire station..
14. All facilities be tied to Joint Communications Center via direct phone lines.
15. All outside storage of materials be screened and refuse and/or recycling collection/storage areas be screened.
16. All lighting shall be directed inward and shall not in any way interfere with the safety of the airport.
17. Containment plans and procedures be established for the handling of toxic materials that meet current MoDNR standards.
18. No construction allowed within the designated 100 year floodplain.
This property has 23 points on the point rating scale.
Craig Van Matre, legal counsel, Van Matre Law Firm, 1103 East Broadway, Columbia, MO, addressed the commission on behalf of the owner/developer to assist with the presentation.
A "Presentation Summary and Qualifications of Experts" booklet was given to each of the Commissioners and staff. The summary gave further details of the presentation of the plan by planners and information (resume) on each presenter. They have tried to make it the best plan possible. It is on the early side instead of the later side of the development of the county. Under the type of zoning requested, and the oversight they wanted P & Z to have, they do not intend to be the Lone Ranger.
Mr. Van Matre spoke of the "Convenants and Restrictions" which answered some of the questions that staff had and obviously needed to be revised before it is finally approved. They have done their homework to the maximum extent at this juncture, need to get the zoning and the preliminary plan approved. Before any construction materializes, they will come back with plans that work and have been approved on what is being presented tonight.
Robert Boland, President of Boland Associates which is an architectural and planning firm in the city of St. Louis, 1716 Hidden Creek Court, St. Louis.
Mr. Boland showed drawings of the design layout. The exhibit showed the 225 acres which was directly north of the airport and Highway H. The airport entrance going to the south and the proposed plans had the entrance directly across going north. They would develop a roadway system which would be mindful of all of the environmental and specific ingredient and of this particular site. They developed a road system throughout the development that accommodates large or small buildings as they would be needed by the business and research community who they wished to attract. Driving into the park there would be a loop system and be able to drive back out. There would be a series of cul-de-sacs that come off of that or a series of cross streets that would come across from there. Within each of these areas, they could actually develop smaller buildings or combine these buildings into a singular larger type building in the hopes to attract a variety of business and industry to the Columbia area. The intent is to develop a high quality park which has an emphasis on landscaping, high quality materials and control those materials through the indentures and a review process that would be stringent.
They have been very sensitive in terms of the creek system that flows through the development, they have not touched any of the main tree systems or the drainage that comes through here. They have preserved some of the natural trees and have been overly sensitive in terms of creating an amenity for the site as well as a functional retention type of facility.
The entire emphasis is on quality and attracting those national and international businesses that they would want to find a home in Columbia. The emphasis is on quality as he repeated, on control, landscaping in terms of creating an environment that people would find very desirable to live in. It is respectful of the environment in terms of the south fork of Turkey Creek and the overall development is anticipated to be of high quality as mentioned before.
Phase 1 was originally talked about was up to 900,000 (nine hundred thousand) sq. ft. with hopefully the future expansion of Phase 2. He showed computer generated three (3) dimensional pictures of the plan.
Glenn E. Borgard, P. E. with VOLZ Land Surveyors, Engineers, Land Planners, 10849 Indian Head Ind’l. Blvd., St. Louis MO 63132, addressed the Commission. He stated his firm had investigated the availability and the method to provide both sewer service and water service to Centre Pointe Research Park. They had prepared a feasibility report which supports their decisions and recommendations. (A copy was handed out to the Commissioners)
Mr. Borgard stated he totally agreed with the staff report. He stated that a lot of the information given by staff was in the feasibility study report. Concerning sanitary sewer service, Centre Pointe Research Park is in the drainage area of Turkey Creek which is classified as an outstanding state resource water and which allows no discharge of wastewater effluent. They agreed with the analysis of the Department of Natural Resources (DNR). There was a position letter in the handout from Mr. Rich George that they would consider constructing a mechanical extenuation type activated sludge waste treatment facility where they would discharge to the Big Branch of Cedar Creek (to the east side of Centre Pointe Research Park). They have not yet done an analysis of Big Branch on Cedar Creek. They assumed that some sections are a loosing stream, therefore, plan on having advance treatment meeting the loosing stream requirements of DNR. On site they would have a sanitary sewer collection system consisting primarily of a gravity sewer system and a pumping station that would discharge the affluent to the part of Big Branch of Cedar Creek where they would obtain a NPDES permit from the State of Missouri DNR. They have estimated the total population of the development in the ultimate stage of approximately 3,800 day workers. Estimated roughly the plant size would accommodate approximately 125,000 gallons per day of liquid waste.
They have had discussions with the City of Columbia, the City Manager and the Director of Public Works, concerning joining with them (the airport) to construct a central plant which would serve not only serve Centre Pointe Research Park but also serve their existing and future needs for waste treatment. Presently the airport is near capacity, their daily flow is approximately 18,000 gallons per day, they have capacity for about 20,000 gallons per day. It is being treated today by a two cell lagoon and they also have a holding basin that would hold about six (6) months of effluent and then from there they have land application of the effluent. For the airport to expand in the future they will likewise need a point of discharge for the effluent and a high quality advance treatment type of effluent. They feel it would be a "win-win" situation if the Centre Pointe Research Park and the airport could join together and construct a central sewage plant. There would be two (2) ways to provide waste treatment to the park either by constructing their own facility on-site and discharging to Big Branch of Cedar Creek; or, to join with the airport for a central facility. This plant would be controlled by the City of Columbia.
Concerning the water service, he again agreed with the staff report. Consolidated Water District #1 is planning on constructing a 16" inch water service line to the airport from their present well site and their elevated 1/2 million gallon storage tank. Then they will loop from the hanger area over to Hwy. H to a second well to be constructed in 1997 with a 12" inch main. This will provide the airport with fire protection service up to approximately 35,000 gallons per day. By up grading the 12" line to the 16" main it would essentially give them the same type of fire service and domestic service to the entrance to the park at the location of the proposed second (2nd) well. Internally they would have water mains of adequate size to provide service for both domestic and fire protection to all the buildings. They are considering sprinkling the buildings for additional fire protection.
William F. Bunte, P. E., Crawford, Bunte, Brammeier, 1830 Craig Park Court, Suite 209, St. Louis, MO 63146 approached the Commission. Mr. Bunte then stated his firm specialized in traffic and transportation engineering. Mr. Bunte said staff had done a good job in critiquing their report and presenting their findings.
They made a complete traffic study of the particular proposal, they counted traffic, used Missouri Department of Transportation traffic data where it was available and supplemented it with their counts. They forecasted the additional traffic that would be generated on the highway system as a result of the project. They took into consideration the growth of the background traffic mentioned earlier. With historical information from the Department of Transportation they came up with a four and a half percent (4 1/2%) year growth rate in the background traffic.
During Phase 1 they projected an increase of 800 vehicles per hour of traffic as a result of the development project. The traffic was allocated to the highway system; they projected a build out in approximately five (5) years of the first phase of the development so they increased the background traffic by .045%.
At the intersection of Hwy. 63 and Hwy. H they recommended that it ultimately would need to be signalized to accommodate the first phase of development along with the traffic growth. They think there needs to be some roadway improvements; the south bound left turn lane should be lengthened; and the proposed west bound right turn lane at the intersection of Highway 63 and Highway H.
At the intersection of Hwy. H and the main entrance to the development, they had proposed the entrance to be directly opposite the Airport entrance. Until tonight they were not aware that the Highway Department had a concern with that location. They thought that as the traffic volumes grow both from the airport and the development there will be need to be a signalization of that intersection. They thought it would be of some value to have it occur at one location. He will discuss it with the Highway Department since they feel there would be a problem.
They had recommended that Highway H be widened at the intersection to accommodate left turns both east bound and west bound and that the access road from the development be of three (3) lanes. Two exiting lanes, a through and a left turn lane and a right turn lane because most of the traffic will be turning right and then one large entry lane into the project. With these improvements they believe the roadway system has the capability of handling this first phase of development.
Chairman Schnarre asked if it was a feasible option for the Department of Transportation to allow traffic signals on Highway 63. There are very few traffic signals on Highway 63. There are none on the 4 lane sections and only a limited number on the two lane sections. Further on Hwy. 63, at Moberly, Macon and Kirksville, there are lights, but they are within their city limits. Mr. Bunte stated he had spoken to the Dept. of Transportation about the intersection for the project. Ultimately they have plans to make an interchange at that location. He was not clear on their time table. He believed that with this development or not that the intersection on Hwy. 63 will ultimately need to be signalized.
Commissioner Kirkpatrick asked Mr. Abell if the state had indicated that rather than having any signalization that they would settle only for a construction of an interchange? Mr. Abell advised yes. That before signalization would happen they would want an interchange.
R. Otto Maly, Maly Commercial Real Estate Services, 1015 E. Broadway, Suite 275, Columbia, addressed the Commission. Mr. Maly stated he had been in commercial realty over 14 years and had worked over 25 states throughout the United States. If a site such as this was in place with the infrastructure, Columbia could have been considered as a possible site. This project will not happen immediately, there is much marketing and incentives have to be created to bring companies such as ones cited to Columbia. Part of this will be done by co-marketing with the University. The University is one of 59 Carnegie Research Universities in the country and this, along with the infrastructure that would be created would bring research technology type firms to Columbia.
Chairman Schnarre asked Mr. Maly if he had worked another project of this size anywhere? Mr. Maly stated that he had not specifically worked on a research and technology development of this magnitude.
Mr. Jerry J. Loomis, FASLA, Loomis, Boulton, Pickett, Inc., 635 Maryville Centre Drive, St. Louis, MO addressed the Commissioners. He said in the information given to them is material to the background of the companies involved and pointed out to them that Bob Boland, of Boland Associates; his company, Loomis Boulton Pickett, Inc. and Crawford, Bunte, Brammeier have been working on substantial projects similar to the one presented since 1970. Some have been built in St. Louis and some in other parts of the country. All of which are essentially high finish, high quality and extremely successful projects. Mr. Levy has put a lot of time and effort into selecting the people to help put this project together.
Mr. Van Matre interjected that this type of project has been successful in other parts of the country. Mr. Loomis added that was the reason why he came forward. A current project he was working on is the Missouri Research Park. The University of Missouri is part of that project located in St. Charles County. It had been perceived as a project before its time that was marketed extremely well. Chairman Schnarre asked of its location. Mr. Loomis advised it was at Hwy. 40 and Hwy. 94 and has been enormously successful project.
Clark J. Gantzer, Ph.D., approached the commission and explained that he is a faculty member in the University School of Natural Resources and a member of the Environmental Technology Group which is centered in the College of Engineering. The reason why he got involved was that the owner, Mr. Levy contacted him because he was interested in attempting to look at every possibility of environmental concerns and what ever it took to do it right. They have spent a considerable amount of time investigating the nature of the land. It is in an area that has a sensitive water shed. He showed a map that outlined the water shed. He said that the South Fork of Turkey Creek did go through the development. Approximately the upper third of the Creek (marked in blue) in the project would not be developed.
His overview was that the area in question is located in southern Boone County, approximately 1/2 mile from where Turkey Creek starts. The site is about one mile from Hwy. 63 and the Three Creek State Forest is several miles further to the west. The nature of the land is a transition between a glaciated rolling hill plain and a river hill slope topography. Within the property most of the soils are highly erodible land when in agriculture production. The character of the precipitation in Missouri is such that you may receive six inches (6") in a day, generating large amounts of run off and large amounts of sediment.
Giving full consideration that the development is in extremely sensitive water shed it is possible to improve the conditions relative to the land use if the covenants are established. Construction consideration would include a written plan and development of all roads, keeping abatement and sediment containment within the development area. Vegetation within all the first order stream area would not be touched. The streams would not be channeled and the natural meandering would be left intact. Erosion prevention during construction would be required and they would develop an ongoing education program within all of the associations after construction is completed.
Management of the grounds, low input management, low rates of fertilizers will be used to minimize the amount of chemicals that would possibly enter into the water shed. There would be little or no impact of the quality and quantity of run-off going into Turkey Creek. Roads will not cross Turkey Creek. This project would be a start in showing other developers it is possible to develop an environmentally safe research park.
Chairman Schnarre asked if this would result in higher quality use than following a true farming conservation plan. Dr. Gantz said yes. The tolerable amount of soil erosion under this plan would be less than under the existing agriculture management.
Mr. Van Matre asked Dr. Gantz if the recommendations for the environmental requirements are found on pages 39 through 45 of the covenants. Dr. Gantz said yes.
Mr. Van Matre advised it was the end of their presentation but he would like the chance for a rebuttal.
Chairman Schnarre wanted to ask Mr. Boland if he had been involved with a project of this magnitude having similar restrictions. Mr. Boland said there had been several project that were similar. Chairman Schnarre asked if this would be financially feasible? Mr. Boland said he thought the market place was here, he did not know if he was equipped to answer the financial feasibility of a project. Mr. Boland said he had been involved in numerous projects of this type. Where the environment has been set up and the quality level is controlled and the atmosphere is controlled so people making the investment know that their investment is protected down the road. They have seen success across the United States in numerous locations.
Mr. Van Matre said that at this point before a developer has spent a substantial amount of money this is the hurdle to overcome at this point. They may find that the tenants are several years down the road but it is work they will have to do. They are showing this in advance, out in front of growth.
Commissioner Kirkpatrick asked if Mr. Levy was present. Mr. Van Matre said yes. Mr. Levy said his team was here and there was not much he could add.
Open to public hearing in favor of the request.
Jim Thompson, 2309 Deer Creek Court, Dean of Engineering at University of Missouri. He wanted to speak in support of the general concept. First reason being creation of jobs, usually high quality, high paying jobs. Second reason being that over a period of time a research park, if successful, can create the environment which would also assist Columbia in recruiting other companies.
Ralph LaFoy, 14170 Hwy. DD, Ashland addressed the commission. He stated that a lot of the people present from St. Louis have referred a whole lot to "Columbia"; well he was not from Columbia, he is from Southern Boone County. The southern end of the county is different from the northern end of the county or Columbia itself and people feel this way. That is why we have a Southern Boone County Fire Department rather than a Boone. He has some concerns over the large amount of growth in Southern Boone County in the last seven or eight (7 or 8) years but he also is a business man and he likes the growth. The growth has been rather massive in the last several years. There has been more residential development than commercial development.
The research park would bring more commercial development to the southern quarter of the county which in turn brings more tax revenue to our school system. He wants to think his kids would be able to go to a school as highly touted as Columbia schools are touted. In order for their schools to get better, growth of an industrial nature, (nothing that will be toxic to the southern end of the county) but something to encourage more revenue so that the infrastructure in the southern end of the county will grow.
This Commission’s job is to make sure the superstructure is in place and the grow would go along in a smooth manner. Whether the run-off will go to the creek or not depends on how well this is set up. How well the public is in favor of or against will depend on how well it is planned out and how well it is executed. If there are enough restrictions in place and if not abided by that the county can do something about it. The overpass at the airport has been well over due, it has been put off because of the cost factor.
Joseph Bachaunt, 12239 Halifax Road, Holts Summit, MO addressed the commission. He is present as a concerned citizen and also a representative the Missouri Department of Conservation., mailing address is P.O. 180, Jefferson City, MO. He elected to speak now as a citizen. He is in favor of planned growth and within his family he is involved with economic development of this sort. His sister and brother-in-law are in a similar type of situation in the state of Minnesota where they employ approximately 800 people with a zero (0) discharge in a sensitive environment. High tech limits can be achieved if it is the developers desire or there are restrictions, Planned Development is possible. He sees as the Dean stated some sort of a collusion between the business community and the University in the county.
He wanted to switch hats, as a representative of the Missouri Department of Conservation he was present in his current capacity as a coordinator for the Missouri Stream Team program which is a state wide program. Approximately 1000 groups state wide. He serves also as a technical advisor. He has close to 30 years of technical experience in commenting and reviewing on behalf of the Department and citizen groups in matters where soil and water resources are effective. He was present to listen, the department at this point is not officially aware of this development even though it had been stated that the Department is a major land holder down stream within this water shed. His colleague from the University had indicated it was a very sensitive water shed. Any stream is basically a project of its water shed, so if we call Turkey Creek and all of the other tributaries within that area a sensitive stream, then it necessarily follows the water shed is in fact sensitive. He said in looking over (briefly) the mitigation plans that might be suggestive within that report his concerns were the lack of strong mitigation measures. He saw the typical weasel words of "should" and "could", not "shall" or "will."
While he is in support/favor of planned development, somebody has to give due consideration to the impact upon the land. He can not speak officially for the Department because they have not had their position developed by the Director or the Commission .
Chris Hayday, 700 West Boulevard North, speaking on behalf the Osage group of the Sierra Club. First he wanted to thank Mr. Levy and his group for being open in what they want to do. He said Mr. Levy approached his group back in the spring to see what their concerns were and any suggestions the group might have before the concerns would turn into problems. Sierra Club does not have a position of supporting this, rather they have several concerns they wish Planning and Zoning Commission to consider. Their two main concerns are that it would increase development to the area and that the proposed site is located at the head waters of the Turkey Creek which is an outstanding water resource for the State of Missouri and is also habitat for Topeka Shiner as well the gray bat also listed on the endangered species list. This project would have a massive impact on the Turkey Creek watershed from the increased traffic and road construction alone. As the development project proceeds it would only create more traffic and even more development would be brought into the area.
There will be massive cost in extending the infrastructure that would be necessary for the area. Growth will only lead to more growth, and at what cost will this be to the public? There is not a guarantee that any of the environmental safe guards will be upheld. It is possible for there to be good development. Mr. Hayday said he thought what Mr. Levy is proposing could be a good development but all we have are the promise, should’s and could’s and would’s and maybe’s with no obligation to follow through. Mr. Levy’s project may not rape the land but he certainly opens the door for those who may. Mr. Hayday believed Mr. Levy is sincere and genuine in what he wants to do. But again, he is under no obligation to follow through and even if he does deliver on all of his promises, there is not a guarantee that subsequent development projects will be as ecologically sound as Mr. Levy states his will be. This project simply is in the wrong location and Mr. Hayday would like the Zoning Commission to consider the points he has raised.
Jeff Barrow, 1007 Coats St., Columbia addressed the Commission on behalf of the Greenbelt Coalition of Mid-Missouri. Their purpose is to promote protection of streams and open space while advocating economic growth at the same time.
For several years they have advocated the concept of developing a high tech research park in Boone County. With the University, colleges and hospitals in the area, this type of development is a natural for Boone County. Mr. Barrow asked that the Commission vote no on the request. The reason is that the project is in the wrong pace. The major concern was for the lack of adequate waste treatment. High tech companies are noted for producing powerful solvents, reagents, heavy metal, and other nasty substances. These need the highest standards of treatment. It is more than just flushing toilets, there are a lot of materials that come out of a research park that require the highest standards of treatment. In their opinion any research park must be located within the service area of the Columbia Wastewater Treatment Plant which has a high order facility already operating,. One of the good things about the proposal is that it brings out the fact that there is a lack of any tertiary treatment facilities in the area, which limits the industrial development near the airport. Main problem with that would be the cost in developing such a plant. Most of the wastewater treatment plants in this area were developed when there was matching Federal grant money, which is no longer available.
This is the first time a research park has been proposed in Boone County and it certainly will not be the last. It is impressive that environmental documents has been prepared and they are grateful for that. However, this is the wrong place for this type of development and they urge the Commission to vote no. If it is rezoned, put all the conditions that were mentioned and other ones that are thought of. Spell out all the conditions and make sure they are enforced. A project of this kind will take many years to implement and there needs to be a way of monitoring and enforcing the restrictions that are placed on it.
On a personal note, Mr. Barrow stated he is a canoeist and he had paddled down Cedar Creek more than 50 times in the last several years and the fact that they might pipe that effluent into the Big Branch Creek, which goes into Cedar Creek is not much comfort to him. He stated the state has spent millions of dollars restoring the upper water shed of Cedar Creek from mine tailings. It would not be appropriate to degrade this stretch of Cedar Creek by allowing wastewater to be piped to the creek.
Brad Stubbs, 11601 Clinkenbeard Rd., Ashland addressed the Commission. He said he has lived and farmed a mile and a half (1.5) miles east of the airport for 17 years and lived in Boone County all of his life; 25 years in the south part of the county. He drives Rte. H on a daily basis and his family and friends drive Rte. H on a daily basis and they would know the road conditions probably better than the surveys do. They know what the traffic conditions are on Hwy. 63, they know what effort it takes to navigate Hwy. 63 at certain times of the day. Between 7 a.m. and 8:30 a.m. the traffic is horrendous, it is not unusual to sit 10 to 15 minutes to wait to get onto Hwy. 63 off of Rte. H. Commissioner Marley lives in that area and Mr. Stubbs did not think it was a revelation to him. From 4 p.m. to 6 p.m. in the evening the traffic going both ways to Columbia and to Jefferson City is terrible again. He said figures have been put out where the road carries 40, 000 cars during week days. His concern was safety, there are two (2) school busses that drive that drive that road four (4) times a day.
He said there is 166’ (ft) of median between the two lanes of Hwy. 63. There is 210’ (ft) stop sign to stop sign. The onslaught from cars coming south on 63 to get on the median to turn to the Airport from Columbia, leaves 166’ (ft). This is from yellow line to the stop sign. A figure of 800-850 additional vehicles per hour for the first phase was stated by some of the engineers. "Eight hundred vehicles per hour, where are you going to put them?" It is not physically possible to get that many cars across Hwy. 63 at certain times of the day. Traffic is his main concern. Southern Boone County, Ashland needs commercial industrial growth, it needs planned commercial industrial growth. Any decision affecting that will affect the landowners, neighbors primarily the residents of this part of the county for a lifetime, not just a few days or a few years but for a lifetime.
The north bound lane of Hwy. 63 is the new highway, the southbound lane is the old Hwy. 63 and will some day be used as an access road. The infrastructure for this size of development is not in place. He thought there were other places in Southern Boone County not far from this that could accommodate a development of this sort with less environmental impact.
In Phase one, 900,000 sq. ft. of floor space; nothing has been said about parking lots, road sweepings. Any commercial development is only as good as the people managing them. Mr. Stubbs said he was not against development, he is not against growth, not against industrial development, not against commercial development, Lord knows Ashland needs it. Several years ago Ashland School District was the highest assessed school district in the State of Missouri. Today they are still highly assessed.
Before anything is approved, he would like to see the infrastructure in place first. He said it would have been nice if the Highway Department would have improved the roads for Columbia Mall before the mall went in. It would have been nice if the Highway Department would have improved the roads before the Rock Bridge/Nifong/Wal-mart area went in. It would have been nice if all of the infrastructure were in before the businesses go in. In his opinion, that would be planning. There are areas of Southern Boone County that are zoned commercial (maybe not this large) that have the highway access, have the sewer system close by, and that have the water systems.
Mr. Stubbs said they will need numerous easements to get sewer to Cedar Creek unless it goes through the airport sewer system.
Ms. Alice Turner, 2194 E Bearfield Rd., Bearfield Subdivision addressed the Commission. She advised she had been a resident of Boone County for 20 years. She believe that this proposed development is basically a Pandora’s box. It is packaged nice on the outside with lots of idealized diagrams, drawings and plans which are well intentioned. She believes the following myths prevail about this project.
If the developer does not sell the lots, then he will be under pressure to sell possibly to less environmentally unfriendly industries. She urged the Commission to vote no against the rezoning.
Mr. Donnie Rim, 6100 Loyd Martin Road, Ashland addressed the Commission. He said his main concern would be water quality, air quality and things of this nature. He agreed with the impact that it also would have on the area. He has lived in the area some 50 years. He was concerned with the impact of the 16" inch water line. The water that comes down the line would be coming out on the other end. He is personally familiar with the Airport area , the run off there, the ditches that were there when the airport was built. You could step across in most places, drive across in other places, today they are 8’ to 12’ feet deep.
Mr. Jim Davis, 9642 S. Rte M, approached the Commission. He said he was representing the Boone County/Columbia Environment and Energy Commission. They had a meeting last week and reviewed the Environmental proposal and had some concerns. Their unanimous decision was that they thought there would be better places in Boone County for such a development. They feel Boone County should start planning in terms of water sheds instead of looking at highway corridors and previous development areas such as the Airport. They are also very concerned about the agriculture land and how rapidly it is disappearing in Boone County. As others have spoken tonight, if we start out with other industry there it will mushroom into other industry and a lot of residential in an area which is a prime farm area in Boone County. They commend the developer for addressing some of the key issues, identifying them, and pointing at possible solutions.
They had concerns about the specifics, noting several ambiguities in the study. Thirteen times in the environmental study where it was stated "minimize" or "when ever possible" , or "cases where it is feasible." All of those need to be specified in great detail before this is further processed. Boone County/Columbia Environment and Energy Commission would like to offer their services to be involved with this project and want to work with Planning and Zoning to try to specify some of the concerns they have and to come up with real solutions.
Mr. Charlie Ducharme, 871 East State Rte MM, approached the Commission. He wanted to commend the preparation of the Environmental Study, however there are areas where much greater information could have been generated. Run-off can be easily calculated. Water quality calculation of additional pollution loading rate can quickly be calculated with sediment loading rates, run off rates, how much soil leaving the ground under certain type rain storms. It would have been very helpful to give everyone the magnitude of impact they are looking at. What sort of flow rates will be allowed out of those detention basins. Sizing of the detention basins that will hold the sediment over adequate length of time would decide if the detention basins will be loading up with sediment in a couple of years, if so, then what to do?
Another problem is that the county does not have an adequate mechanism to require restrictions on such a development site and other requirements. To make requirements would be one thing but who is to see that they are implemented and monitor the site will be a problem. If developers/construction activities failed to implement these additional requirements, how do we enforce it? Agriculture is suitable land use for the area even if it does pollute. It is a compatible activity for the area. We will see improved water quality resulting from agricultural land users in that area working with DNR and local citizen groups.
Sue Dabney, 9642 S. Rte N addressed the Commission. She can forward as a concerned citizen of Southern Boone County. Controlled and planned development can be good for Boone County. When she looked through the Environmental Study she noticed under "Post Construction and Continuing Managemen" a number of issues such as development of materials, educational materials, control of erosion, dry pond detention, artificial wet lands, infiltration areas, sand filters, and use of integrated pest management a piece that is missing is who will enforce this, who will monitor this, and who is going to pay for this.
Another area of concern is the traffic. She has commuted from Columbia area to Jefferson City and she was appalled at the idea of a traffic light for the airport with the speed limit being 70 m.p.h. She was relieved when she heard that would be secondary to putting in off ramps. But then if the state is out of money, who would pay for the ramps and when will it be implemented. She stated this was the wrong place for this particular development and the wrong time for it.
Mr. Troy Gordon , P O Box 58, Columbia addressed the Commission. South branch Turkey Creek is part of Turkey Creek which is an outstanding state resource water. That means that the actual outstanding state resource begins west of Hwy. 63, however, it usually implies protection of the upstream water shed. Meaning no degradation of the waters upstream that would reach that particular area. The Topeka Shiner is listed as a Missouri endangered species, it is a Federal candidate at this time. Some Topeka Shiner’s in Bass Creek have been found with a curvature of the spine, cause is still unknown. Plans for the sewage are questionable at best. He questions if it would be possible to obtain easements to connect to the airport’s system. He asked the Commission to deny the request, if not to place condition of no discharge of any kind into Turkey Creek.
David Marz, 209 Ash, Ashland, approached the Commission. He was happy to hear about this because of the enhancement of the local school system although they have no place to build any more schools right now. Companies like this would like a depth of labor available to them to supply them with workers. We do not have that in Boone County. We have very low employment. When Cracker Barrel opened up, they told the city Planners they were going to keep the two 300 year old trees with no problems. A guy came up from Tennessee with bulldozer and, "oops, sorry I did not see it". Only a $1000 fine. It is always easier to take down the trees than to go through the trouble of saving them. As far as the state doing anything about the intersection, it will be quite a while. There has been many accidents at other locations and the state has not corrected those problems. If a stop light does go in with that increased speed limit, there will be people who would not stop. On the other hand it would cause 1300 person hours lost per day waiting for a light. A lot of people would be non productively sitting there for the light to turn so that this development can operate. That is never assessed, not to mention the accidents that will occur.
Mr. William Chancy, 12451 Englewood Rd. spoke to the Commission. He said Rte. H turns into Englewood Rd. He had heard the possibility of the water pollution be redirected from Turkey Creek to Big Branch. As someone who lives in the Branch watershed and knows a lot of the people who live in the area, if that aspect of the project had been publicized in the paper, a lot more people would have attended asking questions. He urges the Commission to look more carefully at that aspect. As far as the traffic, he can only echo what everyone else has said about increased traffic.
With no further public comments, the Commission permitted the applicants to respond to public concerns.
Mr. Glen Bogard wanted to re-address the waste treatment of the park. The facility they are proposing is to treat domestic sewage only. They are planning on primary, secondary and tertiary treatment. Effluent regulation which would be the highest effluent control Missouri Dept. of Natural Resources (DNR) requires for loosing streams which is discharging no greater than 10 parts per million of BOD, 15 parts per million of total suspended solids, age factor between 6 and 9, and having disinfecting treatment. Any discharging to the Big Branch would be totally under the control and approval of DNR. They would have to obtain as NPDES permit, facilities has to be operated and maintained with possible testing daily, weekly or monthly according to the DNR requirements. Grab samples are taken and submitted to the state for evaluation by independent laboratories to make sure they are meeting requirements of DNR. They intend to vigorously work with the City of Columbia and the Airport to try to have a central facility so that they can also upgrade their facility to a very high quality waste treatment facility. They would possibility have on the airport a discharge point, most likely into the Big Branch and Cedar Creek.
Mr. Van Matre stated that in the convenants that they intend to record, they plan to restrict these areas. They are willing to live with the recommendations of staff. They understand that under the present Zoning ordinance the approval of this will require a continued monitoring and continued submissions before any building permit. You have to make certain they have fulfilled all of the requirements before the first clod of dirt is over turned. They do not intend to design or submit this in a way which would deny anyone oversight. They have no doubt that county is capable of enforcing its ordinances or that the county has mechanisms within the process to make sure they will do what they say they will do.
Chairman Schnarre stated this stage was for the Commissions comments or thoughts. First order of business is to decide the rezoning request, whether this would be the proper use of 220 acres of ground. The Long Range Plan states that there is some area of land around the airport for industrial development. It also designates that agriculture land should be preserved as much as possible in the County. This request would fall in both categories.
Open for discussion
Commissioner Falco stated he was not sure if there is a "perfect" place in the county for something like this. Where they would not be fighting traffic problems, zoning problems, everything that they are looking at now. The biggest problem tonight is the creek situation. There might be a better place for this without involving the creeks but something of this magnitude can go anywhere in the county without creating or having to adjust to traffic. That is a part of growth. That was just a comment he said, he can not see this project anywhere in the county without making some adjustments.
Commissioner Kirkpatrick stated he agreed with Mr. Falco’s comment. He asked staff if he understood there were 23 points on the scale for the project. Mr. Abell agreed.
Commissioner Kirkpatrick asked who owned the property now? Mr. Van Matre, stated International Ventures Corp.
Commissioner Kirkpatrick stated that earlier he had asked Mr. Levy if he would care to respond to a question. Commissioner Kirkpatrick stated that they had presented a particular document "Presentation Summary and Qualifications of Experts", and it goes into great detail particularly in areas of resumes and credentials of all the gentlemen that had spoken on behalf of the development. If the Commission had not been presented with the information, Commissioner Kirkpatrick stated he may not have noticed one missing. The credentials are of people who are employed by you, Mr. Levy. He asked why his credentials were not also included? Mr. Levy stated he was the owner of the property and second International Ventures Corp. has only had three projects currently in Missouri.
Commissioner Kirkpatrick stated he was not only interested on the projects in Missouri but else where. Mr. Levy stated the other projects and properties he own are individually owned with multiple partners around the globe and he was not going to co-mingle those projects with this project. He did not want to mislead anyone that if they say they did a successful project in another country, that this project will be successful.
Commissioner Kirkpatrick stated that as far as the credentials that had been presented, he was the boss and he basically owned these guys. He said Mr. Levy could fire them just as quickly as you hired them, maybe even more quickly. If you get rid of all of them, the person that will remain will be you. That is why he was concerned. Mr. Levy said is was a fair question, but by the same token the only way this project will be successful is if he has a top notch team to work with.
Commissioner Marley stated he lived out there and a lot of the public attending were his friends and his neighbors. The school spoken about is the one where his child attends. He has a personal and professional interest in the request and he can not see why there was not more documentation on Mr. Levy the CEO. He would be able to think about supporting this more so. He has heard very good things about Mr. Levy and he made it his business to find out more from both city and county.
Commissioner Marley said there was definitely a problem with the traffic and there was definitely a problem with the possible waste. He would like to see the project and he would like to vote for the rezoning but he will not be able to vote and look at his friends, neighbors and family because he knows Hwy. 63. He comes out Hwy. 63 every day and goes back every day. A stop light is not going to do the job. Commissioner Marley stated he thought it needed more time. There has to be more infrastructure, there has to be more concession with the people who live in Boone County that have to live with this project.
Chairman Schnarre stated their biggest decision was to decide if this was the proper land use (zoning) for this tract. He continued that he had real mixed emotions. He continued that he was impressed with the idea and it could be put together but is it right on this 225 acres?
Commissioner Kirkpatrick said the question that needed to be answered now, if that particular tract of ground suitable for this usage? He was interested that this property only had 23 points on the point rating scale. A few months ago the Commission looked at a very small residential subdivision with only 3-5 dwellings. It only had 16 points and he specifically remembered saying a three (3) lot subdivision is a whole lot different than a 30 lot subdivision. That same logic can and probably should be applied to this project. This is something huge and we are still only looking at 23 points on the point rating scale.
Chairman Schnarre said this was too big to make a decision in one night. Lots of questions, a big thick packet to review. Chairman Schnarre asked for a motion on the land use and to see where the Commission was, he requested a motion to deny to get a feel of the Commission and see if they needed to spend more time on the request. If the Commission could not generate enough interest, it would save everyone involved a lot of time and effort.
Commissioner Sloan made and Commissioner Kirkpatrick seconded motion to deny rezoning request by International Ventures Corp.
Chairman Schnarre stated that they could place controls on the project, but is it right in this area with the infrastructure so poor. The Long Range Plan said commercial in the area, but this is over 200 acres that has been prime agriculture land.
Voting as follows:
Mary Sloan no Keith Kirkpatrick yes
Joe Falco no Ron Marley no
Keith Schnarre no Darin Fugit no
Motion to Deny failed 5 no 1 yes
Chairman Schnarre told Van Matre that the Commission would like to table the request to further work on information given.
Craig Van Matre agreed to table the request.
Commissioner Kirkpatrick stated there had been no approval of the rezoning. His question for the Chairman was that assuming the applicant would consent to it, to table the entire application or do you want to continue to argue at this point the rezoning. Mr. Van Matre was sympathetic to the difficulty in the decision and did not want to place any demands on them, but if the whole thing is tabled then they are forced to come back and make the whole presentation again.
Chairman Schnarre stated the public hearing part is closed unless he reopens it on the issue which he might do. The other presentations have been made unless there were more questions from the Commissioners.
Commissioner Marley wanted to table the whole thing so then there would not be a misunderstanding about not being clear enough on all the pieces. It would be unwise to accept a piece of it and reject another piece. If we accept it, the Commission would be giving the applicant a partial green light and he could not vote for that, but he could vote for tabling the project and proceed. Mr. Van Matre stated if zoning was approved but the plan was not approved, it would not do them any good without the plan approved.
Chairman Schnarre stated they needed time to study the material submitted tonight. Van Matre asked for a possible time table. Chairman Schnarre said a study session or two and professional help on placing any restrictions. Then you can review to see if items are even in your ballpark. Chairman Schnarre said study sessions in January and February to review. Commissioner Kirkpatrick wanted Mr. Van Matre to be aware that the Commission could still deny the rezoning even after the study sessions. Mr. Van Matre acknowledged that he understood the Commission’s options.
Commissioner Marley made and Commissioner Falco seconded a motion to table the rezoning request by International Ventures Corp.
Voting as follows:
Ron Marley yes Joe Falco yes
Mary Sloan yes Keith Kirkpatrick yes
Darin Fugit yes Keith Schnare yes
Motion to table request was unanimous. 6 yes
Being no further business the meeting was adjourned at 11:18 p.m.
Minutes approved on this 20th, day of February, 1997.