BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO

Thursday, March 20, 1997

Acting Vice-Chairman Falco, called the meeting to order at 7:30 p.m., with a quorum present. Roll Call was taken by Secretary Kirkpatrick.

Present: Joe Falco, Vice-Chairman Perche Township

Keith Kirkpatrick, Secretary Missouri Township Darin Fugit Columbia Township

Mary Sloan Rocky Fork Township

Frank Abart Public Works Director

Bill Grace Centralia Township

Absent: Keith Schnarre, Chairman Bourbon Township

Ron Marley Cedar Township

Also present: Stan Shawver, Director Don Abell, Staff

Thad Yonke, Staff Noel Boyt, Staff

 

Commissioner Kirkpatrick made and Commissioner Sloan seconded a motion to approve the minutes of February 20, 1997, meeting with no corrections.

Motion passed by acclimation.

CONDITIONAL USE PERMITS

1. Request by Columbia Green Valley Rifle and Pistol Club for a Privately

Operated Outdoor Recreational Facility on 6.69 acres located at 4900 N Wyatt Ln.,

Columbia. The applicant also requests a one time, temporary permit to allow

discharge of firearms on the site during the period 5/1/97 to 5/30/97.

Thad Yonke gave staff report stating that this property is located 350 feet from the intersection of Wyatt Lane and Rogers Road. The city limits of Columbia is 400 feet to the north. The site is currently zoned A-2 (Agriculture), as is all of the land to the north, east and south. Land to the west is zoned R-S (Single Family Residential). This property was acquired by the rifle club in 1989. The applicants are requesting two things: a permit for a Privately Operated Outdoor Recreational Facility and a temporary, one-time permit allowing the discharge of firearms. The Outdoor Facility will be used for incidental uses to the non-conforming rifle and pistol ranges on the adjoining property; including parking, camping, vending and archery. The one-time permit will be from May 1, 1997 to May 30, 1997. This is the period during which the Bianchi Cup/NRA Action Pistol National Championship is conducted by the applicant. The property has been used for firing ranges in conflict with the zoning. Such activity ceased at the request of the staff in 1996, as a result of complaints by property owners in the vicinity. 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. The proposed use is inconsistent with the Master Plan. Staff notified 19 property owners about this request.

Tom Schneider, legal counsel, Jones, Schneider and Bartlett, 11 North Seventh Street, Columbia addressed the commission on behalf of Columbia Green Valley Rifle and Pistol Club. He stated that the adjacent 55 acres had been used for a rifle and pistol range prior to county zoning. The 55 acres was not an issue and is not a part of this request. The request was for 6.69 acres to have a permit for a recreational area and a temporary permit to allow the discharge of firearms during the period May 1, to May 30, 1997. This is the time period during which the Bianchi Cup National Pistol Championship occurs. His client is the host of the competition. Mr. Schneider advised several members of the club were present, including, John Skaggs, Director of Range Operations. Mr. Schneider stated that he would like to swear in his witnesses. As a notary public, Mr. Schneider explained that he would swear the witnesses.

John Skaggs, Director of Range Operations approached the commission. He stated he had been a member of the club since 1989. He said the Bianchi Cup will attract 220 competitors from 11 countries. Until sometime last summer the club had not received complaints of any land use problems. They had complied with request from neighbors for outdoor shooting to stop at dark. He continued that the club intended to down size. The 6..9 acres would be used for incidentals like parking, camping, archery and things of that nature. The request was to be a one time request for pistol shooting 8 a.m. till dark in May of 1997. He indicated that from May 1 to 4th approximately 4-5 persons would use the range per day, May 5th - 17, approximately 15-20 persons would use it and then from May 18th on would be approximately 100 people per day.

John Skaggs said that he has been the Director of range operations since 1994. Mr. Schneider asked him to verify the Operating Rules of Green Valley Rifle and Pistol Club, he agreed and it was entered as Exhibit 2. Mr. Skaggs said basically all members were in charge of policing the rules. Mr. Schneider asked if any horseplay was allowed. Mr. Skaggs said absolutely not. Mr. Schneider asked if they had any accidents or incidents of injury, Mr. Skaggs replied none. Mr. Schneider asked if he knew of any projectiles going off site, and Mr. Skaggs said he was not aware of any leaving the property. He said the ranges were directed south which had a 60-80 foot hill. They had chosen that for protection. Mr. Schneider asked about the thickness of the berm; Mr. Skaggs said the thickness of the berm was in yards. It was a safe operation, bullets could not escape.

Mr. Schneider asked if there had ever been any traffic problems. Mr. Skaggs stated he was not aware of any. Mr. Schneider asked if competitors carpooled? Mr. Skaggs explained that it was very common for the teams to share a ride, maybe to rent a van. Mr. Schneider asked if there was adequate on site parking; Mr. Skaggs said yes. Mr. Schneider asked what sanitation facilities are provided. Mr. Skaggs said there was a permanent facility provided and they would also bring in portable units.

Mr. Schneider asked if the east site was any louder than west range. Mr. Skaggs stated it was his opinion that there was no difference. Mr. Schneider asked if the Conditional Use Permit was not approved, what hardship would it create for the 6.9 acres. Mr. Skaggs said it would be a considerable hardship. Two hundred twenty five participants had been confirmed for the Bianchi Cup competition. Participants want to practice and get acclimated to the area, weather and terrain. He said they all would want privacy so that another participants would not steal competition secrets. Mr. Schneider asked what were the hours they would request for operation on the east site? Mr. Skaggs stated 8 a.m. until dark would be satisfactory.

Commissioner Abart asked the hours of operation on the west site. Mr. Skaggs said it would be available 8 a.m. until dark.

Commissioner Sloan asked when the competitors were to arrive. Mr. Skaggs advised the first group would arrive by the end of April and would start to practice at the Hallsville facility.

Commissioner Abart asked what were the dates for the Bianchi Cup?. Mr. Skaggs said May 21 through May 24 was the competition.

Tom Schneider swore in Brian Connell. He said Brian Connell and he was a licensed architect. Mr. Schneider asked if he was a member of the club, and he said it was a "Life Member". Mr. Schneider asked him to confirm two aerial photos of the club and he did. The photos were then entered in as exhibit 3 and exhibit 4.

Mr. Schneider asked him to describe the photos. Mr. Connell explained that Exhibit 3 was an aerial map provided by the assessor’s office of 25-30 acres of the west range. Exhibit 4 was an aerial photo of the East range of the 6.9 acres which was adjacent to the property on Exhibit 3. Mr. Schneider asked him what was to the east of the subject site. Mr. Connell said it was essentially farming for approximately a mile or more with the large berm 150 ft thick. Mr. Schneider asked him what was to the north, he answered a salvage operation was north of the property; it is approximately 2/10 mile to the nearest residence.

Tom Schneider swore in John McGee, a licensed realtor and member of the club. Mr. Schneider asked him if in his opinion the range would effect the property values of surrounding property. Mr. McGee said there should not be any negative impact on the property values. The recreational uses or family uses of the conditional use permit might enhance the value in the future. In fact if the salvage operation was cleaned up, the conditional use would be an asset.

Tom Schneider entered exhibits into the record:

Commissioner Grace asked staff about the complaints received, were they in December and January? Director Shawver said they were in the spring of 1996.

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

Barry Stevens, Rte. 8, Box 85, Columbia approached the commission. He said he was concerned with the noise issue. Safety was not an issue. Mr. Stevens said he had been a hunter for 45 years and lived only 1/3 mile away from range. Noise does carry and his quality of life is compromised. If competition goes on until dark, he would oppose it because it would interfere with his way of life.

William Campbell, 6236 E Palmer Rd., Columbia road approached the commission. Mr. Campbell agreed with Mr. Stevens, the noise was tremendous. He lived less than 1000 feet from the gun club and there were 4 to 5 homes within that 1000 feet. He had lived there 20-27 years and over the years he had made several reports to zoning and police department of shooting until 2:00 a.m. He could tell the difference between east and west part of the gun club. On the western range it comes up the valley. When the gun club opened there were not very many member but it has increased over the years. He stated he could not have a conversation in his yard or on the porch when they are shooting at the club.

Commissioner Grace asked if the noise at 2 a.m. was from the gun club and not a party? Mr. Campbell said it was from the inside shooting facility.

Ron Monroe, 6240 E Palmer Rd, Columbia addressed the commissioners. He had been there about 9 years. He said there had been shooting in the early morning and late evenings. He did not see land surrounding the site as farm land since there were many homes in the area. Very little of the 55 acres of the club had been used for shooting so why expand into the 6 acre tract.

Closed to public hearing.

Mr. Schneider came forward. with Mr. Skaggs. Mr. Skaggs said the bulk of shooting were on the 55 acres. He had not heard of any shooting at 2 a.m. There has been inside their building but it was insulated and muffles noise. Mr. Schneider asked him of he was ever present when there was shooting inside? Mr. Skaggs said yes. He said he was able to carry on a conversation just outside the indoor ranges they were doing at table before the Commissioners.

Commissioner Sloan asked if the ranges were lit? Mr. Skaggs said no.

Commissioner Abart asked if there were any restrictions on the hours of shooting on the indoor range. Mr. Skaggs said yes, there were restrictions on times, but he did not know exactly what they were.

Commissioner Abart asked staff if there were any noise restrictions. Director Shawver stated that the county does not have noise restrictions.

Vice-Chairman Falco said the request was to allow shooting until May 30th, but the tournament is over on May 24th. Mr. Skaggs stated that was correct.

Commissioner Abart said that if the tournament was May 21 - May 24, why did they need 3 weeks? Mr. Skaggs, said that after a certain date, they did would not have the access to the Hallsville range, because it would be set up for the competition. Having access to the range would give someone an unfair advantage over a competitor.

Commissioner Kirkpatrick if the west range could be used until overflow and if the club could get by on fewer days. Mr. Skaggs said the east range simulates the competition situation, but, if necessary, the club could get by from May 10 to May 25.

Commissioner Sloan asked if this CUP request was granted would they return next year for the same? Mr. Skaggs said the club was trying to move most of the operation to the Hallsville range. Right now they could not make that move. They did not anticipate coming back before the Planning Commission next year.

Commissioner Kirkpatrick stated this CUP request reminded him of the CUP request for Cedar Creek Rod and Gun Club last year where they had an international tournament to use a few acres for four (4) days. He said he voted then for approval because it was desirable for Columbians/Boone County to host such an event. For the proposed request there seemed no significant harm in extending the use of a particular tract for a period of time for shooting practice. He sympathized with the neighbors, however the noise will continue as long as the grandfathered range exists, regardless of what Planning Commission does on this request. Additionally, it is his understanding that there is a state statue for gun club in existence prior to zoning.

Commissioner Kirkpatrick made and Commissioner Fugit seconded a motion to approve the request by Columbia Green Valley Rifle and Pistol Club Facility on 6.69 acres located at 4900 N Wyatt Ln., Columbia for pistol shooting from 8 a.m. till dark for the period 5/10/97 to 5/25/97 only.

Keith Kirkpatrick yes Darin Fugit yes

Bill Grace yes Joe Falco yes

Mary Sloan yes Frank Abart yes

Motion to approve was unanimous.

 

Commissioner Fugit made and Commissioner Sloan seconded a motion to approve the request by Columbia Green Valley Rifle and Pistol Club for a Privately Operated Outdoor Recreational Facility on 6.69 acres located at 4900 N Wyatt Ln., Columbia.

Darin Fugit yes Mary Sloan yes

Frank Abart yes Joe Falco yes

Keith Kirkpatrick yes Bill Grace yes

Motion to approve was unanimous.

This would be on the April 1, County Commission agenda at 7:00 p.m.

 

REZONING REQUESTS

Request by Merle N. Smarr Jr. and Charlotte G. Smarr to rezone from

A-2 (Agriculture) to M-L (Light Industrial) of 6.13 acres, more or less, located

at 9000 N Creekland Dr., Columbia (approximately 500 feet north of the intersection

of Calvert Hill Rd. and Creekland Dr.).

Don Abell gave staff report stating that this property is located 4 miles north of Columbia and 1/4 mile east of Highway 63 on Creekland Drive, approximately 500 feet north of the intersection of Calvert Hill Road and Creekland Drive. The property is zoned A-2 (Agriculture), as is all of the surrounding land. The lot was created by survey filed for record in August 1994. This area is within the Columbia School District and is right at the edge of Water District No. 7. There is a 1 1/2 inch water line serving Creekland Drive and a 6 inch water line along Calvert Hill Road, however, service would have to be upgraded in order to provide flows necessary for a fire hydrant. The applicant is requesting that the zoning be changed to M-L (Light Industrial). The proposed use for the site is for an office and shop for a construction and excavation business. There have been no previous requests submitted on behalf of this request. The Master Plan designates this area as being suitable for agriculture, rural residential and undeveloped land uses. The proposed zoning is inconsistent with the Master Plan. This site has 24 points on the Point Rating Scale. Staff notified 8 property owners concerning this request.

Tom Schneider, legal counsel, Jones, Schneider and Bartlett, 11 North Seventh Street, Columbia addressed the commission on behalf of Merle and Charlotte Smarr, owners. He explained that Mr. Smarr operates an excavation business. This facility will be used to park his equipment, work on it and store materials. There will also be an office. They have a number of dump trucks, trucks, back hoes, trenchers etc. He said the site in question, "is not really part of a subdivision". He said the property looked like it was in a bowl. It was down hill and on other side of creek from the rest of the development. He said there were 4 houses in the subdivision that were as much as 1/2 mile away. There is a ridge and heavy tree line between them. He said Mr. Smarr had the additional lot to the south to serve as a buffer which will not be part of the facility. Mr. Schneider stated Mr. Smarr had not found any other suitable site for his business.

Commissioner Abart asked if property was in the flood plain? Mr. Schneider said no. Commissioner Abart asked staff if that was correct. Director Shawver stated that according to the flood map, it was in the flood plain. Tom Schneider stated the property could be built upon, elevated. He did not consider it spot zoning because agriculture uses have machine shops.

No one spoke in favor of the request.

Tim Derryberry approached the Commission. He stated their property values would decrease and quality of live would be effected. He did not want to wake up at 6:30 a.m. from the trucks. He said that Monday night the residents met with Mr. Smarr and his explanation was to raise the site above the floodplain. Mr. Derryberry was concerned how that would effect the stormwater? Another concern was the traffic on Calvert Hill Rd. and Hwy. 63. It was a dangerous intersection, much less if trucks will also share the road. Mr. Derryberry said he had spoken to an appraiser and chances were that his value would go down. He felt the con’s out weighted the pro’s; their $100,000 plus homes did not need the commercial property among them.

Director Shawver distributed letters and petitions in opposition that had been submitted prior to the meeting to the commissioners.

Tracy Synan, 1441 E. Calvert Hill Rd. spoke next. She held up a diagram of the area pointing out the neighbors around the site. She stated that Bob and Sue Ghio, who lived in the area over 30-35 years were adamantly opposed. Next door to them was their daughter, Missy McReynolds, who does not want this directly across the road. Down the road were the Derryberry’s who already spoke. She said all of their property values will be effected. She said the 47 names on the petition she had were from the immediate area and not from the Columbia area. These were names of owners in the area that are opposed to the request. She said their subdivision consists of 5 acre lots.

Ms. Synan stated the only property owner not opposed was the construction company that sold the lot. She showed pictures of the tree line and the water standing on the property at the entrance. She said Lot 1 was not a buffer and when they use the trucks described (front end loaders, dumpsters, trenchers, trailers, trucks, dump trucks) it will inhibit the traffic. It will tear up the road. Their vehicles will be effected by the pot holes day in and day out. The road damage is already evident. Calvert Hill Road is not an industrial road. The Hwy. 63 intersection at Calvert Hill Road would back up when these slow, big trucks would use it, not to mention the possibility of accidents.

She presented the Commission with the convenants recorded against the development. She asked Mr. Schneider if he knew of it and he replied "probably." The property was to have a 10’ high chain linked fence and 4 acres of gravel. Their convenants states picket fences. What about the floodplain; if fill area will force water elsewhere, where will it go? Calvert Hill Road or Creekland Dr. will have greater flooding. What is down hill from there is the 2nd lot, gravel road and the one lane bridge. She asked about the Comprehensive Plan. It was to guide the growth and preserve the quality of life. She said the county had 500 plus acres of empty industrial land. She mentioned two areas; one down by Prathersville where there is a mobile home sales lot on it, and a second, the Boone Industrial Park with 35 plus acres.

She also wanted to point out she had not seen a permit for land disturbance from DNR, nor a flood permit.

James Dupree, 1275 E. Gallup Hill Road addressed the commissioners. He had an opinion he wanted to present to the commission. He said it was economically based. He is in the center of the subdivision and could not see the subject site from his location. He has concerns towards his resale value and the well being of his investment. He asked that the rezoning request be denied.

Jennifer Wade, 9545 N Creekland, approached the commission. She said she lived north of the request. She said their is new gravel on Creekland Drive because after the flash flood her father-in-law called Boone County twice to fix the road. Mr. Smarr’s heavy equipment left deep ruts in the road.

Commissioner Fugit asked Ms. Wade how far away she lived? She replied approximately 1/4 mile north.

J.D. Montegue, 1936 Calvert Hill Road, Columbia addressed the commission. He was concerned about the waste water being in a flood plain. He had seen water come down the road and all around the property. He was concerned about oil and diesel fuel getting into the creek.

Darcy Slaughter, 8405 N. Wagon Trail Rd., Columbia stepped forward. She said they lived away from the proposed rezoning. She stated she was in the Hallsville School District and if Columbia School District also picks up students then there is more than one bus that travels back and forth on Calvert Hill Road. She was also concerned about the narrow road. Kids are out on their bicycles and would have to share the road with the equipment.

Tom Schneider and Mr. Smarr returned to the table. Mr. Schneider wanted to make 3 comments in response. One he did not intend to say (if he did say) that the proposed use was substantially an agricultural operation compatible with the neighborhood uses. What he wanted to say was that there are farm operations which are not substantially different then the new proposed use. Second, technically it is a part of Summit View Subdivision but it is not really part of the subdivision in any real sense other than on paper. Topographically it is separated from the subdivision by Rocky Fork Creek. Third, the potential for pollution, fuel oil and like getting into the is the same for anything that goes on in the area. Those concerns are addressed towards any development and are not unique to this proposed property. If this property is in the flood plain or very close to the flood plain bench mark, then whatever may be constructed there is going to raise these concerns. This is A-2 zoned land and farmers fire up their tractors early in the morning.

Commissioner Kirkpatrick said that through the years the Planning and Zoning Commission has seen a lot of proposed rezoning, some with merit and some with none, and he would have to rank this one down with the lowest in his opinion. He could not conceive putting a commercial development down on the fringe of a residential subdivision, particularly one this new. The disturbance of the flood plain area, permits have not been applied for which does not indicate any good faith on the part of the developer. He was prepared to move for denial when discussion comes to a halt.

Vice-Chairman Falco wanted to echo what Commissioner Kirkpatrick just said. He continued that it was spot zoning and being in the flood plain he could not see any reason to approve the request.

Commissioner Abart said approving zoning for M-L would open up the area for a variety of uses besides just a maintenance building. He was not in favor of the request.

Commissioner Fugit asked Director Shawver that according to the flood maps, it was in the flood zone? Director Shawver said that was correct. Commissioner Fugit asked if it would cause problems with FEMA if work is going on with out permits? Director Shawver stated if work continues it would require a Floodplain Development Permit. The fact that this property is in the floodplain does not mean that it cannot be used, it just means that any development, even excavation or fill, requires a floodplain development permit. If a permit is not obtained, fill material would have to be removed. If the fill remains on the site, and it came from the other lot as testimony indicates, a floodplain development permit must be issued.

Commissioner Fugit made and Vice-Chairman Falco seconded a motion to DENY the request by Merle N. Smarr Jr. and Charlotte G. Smarr to rezone from A-2 (Agriculture) to M-L (Light Industrial) of 6.13 acres, more or less, located at 9000 N Creekland Dr., Columbia.

Darin Fugit yes Joe Falco yes

Mary Sloan yes Keith Kirkpatrick yes

Frank Abart yes Bill Grace yes

Motion to DENY was approved unanimously.

Applicant advised they had 3 working days to appeal.

 

2. Request by John and Martha Patton to rezone from A-2 (Agriculture) to

R-S (Single Family Residential) of 5 acres, more or less, located at 2375 E. Gans Rd.,

Columbia (the northwest corner of Gans Rd. and Bearfield Rd.).

Mr. John Blackemore asked from the audience for a point of order. He asked if there was a process or another Court for the rezoning of the Patton request since there was a conflict of interest. (Mr. Patton serves as legal counsel to the County Commission, Planning and Building Inspection Staff, Zoning Board of Adjustment and Planning and Zoning Commission).

Mr. John Patton, addressed the issue by stating that the Planning and Zoning Commission is an advisory body to the County Commission. The ultimate decision on his request will be made by a Circuit Judge, assigned by Judge Conley. State law provides that the County Commission, when appropriate, can certify a conflict to the presiding judge of the circuit court who will assign a judge to fulfill the responsibility of the County Commission. There is not a provision in the county zoning process that would be any different than the statues provide.

Thad Yonke gave staff report stating that this property is located 1 mile south of the Columbia city limits and 1 1/2 miles west of Highway 63 on the northwest corner of the intersection of Gans Road and Bearfield Road. The property is zoned A-2, as is the property to the north and west. Land to the south is zoned R-S, and to the east is zoned A-1. This tract was created by deed in 1982 and was acquired by the applicants in 1994. The site is vacant. This request is the result of road improvement plans by the Boone County Public Works Department. Plans for the improvement of Gans Road will result in the loss of enough land that the applicant will be prevented from subdividing the property at a future date. This property is within the Columbia School District and Consolidated Water District No. 1. There is a 6 inch water line along Gans Road. There have been no previous requests submitted on behalf of this property. The Master Plan designates this area as being suitable for residential development. The proposed zoning is consistent with the request. This site has 61 points on the Point Rating Scale. Staff notified 41 property owners concerning this request.

John Patton, owner at 2350 E. Gans Road addressed the commission. He stated he lives on the adjoining property. Their are two 5 acre tracts. The tract subject to the rezoning request is on the NW corner of Bearfield and Gans Road. Immediately north is a surveyed 5 acre tract that borders on the east of Bearfield Road that was property he purchased in 1988 that his house sits on. Surrounding him on the north and west are a number of survey tracts owned by Scott Schulte and possibly Hardeep Bhullar. To the west are two 8 acre tracts owned by Mr. Schulte. To the north there is a 10 acre tract owned by John Blakemore. All of the properties are zoned A-2. In 1994, he bought the tract of land that is the subject to the rezoning request from the University of Missouri by a sealed bid. It is a vacant property he bought for two reasons; because it was his front yard and he wanted to control what went in his front yard; and the second reason was for future investment. The property the house sits on and the properties to the north are under restrictions prohibiting any further splits. Tracts range from 6 to 10 acres.

He learned about a month ago that the County’s plans to improve Gans Road was going to involve more than he had expected. It is to relocate the entire Gans Road north of its present alignment. In his case it will consume .57 acres (more or less). It will render the tract south of his house un-subdividable because the minimum lot size for A-2 is 2.5 acres and with .57 going for road purposes it would cut his acreage to something under 4.5 acres.

He felt that R-S zoning would be the best use for the property. He did not think he would ever develop the property while he was living there. All the property around him is used residentially. The question his neighbors may be present for is that their larger properties are restricted to one dwelling. If R-S zoning is granted, theoretically it could be subdivided as small as 7,000 sq. ft. lots. At the present it is unrealistic to think that lots that small could be created because there is no public sewer to the property. With on site sewer, each lot will have to have at least 2 acres.

The master plan calls for residential uses in the area. The property owned by Tony Davis south of him is zoned R-S, immediately south of that is Bearfield Subdivision which is R-S. The proposed property on the corner of Bearfield and Gans he thought if it was rezoned, R-S was appropriate and that is why he was present.

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

Scott Schulte, P O Box 1403, Columbia addressed the commissioners. He was representing himself and his partner, Hardeep Bhullar. Together they own two lots to the west of the proposed tract, and he and his wife own tract 10, the 3rd lot over. He stated John Patton purchased the property knowing it was zoned A-2. The reason stated he was here was because of the right-of-way and not having enough property. He said the road might not go through and his lot might not be impacted. His calculation for the R-S zoning could allow 30 plus homes. He felt his property would lose value.

John Blackmore, 4807 Bearfield Road, owner of property north of the proposed zoning change. Because R-S is across the street, it is not necessarily a reason to change zoning that he knew about. He stated A-R would not be a problem but rezoning for R-S opens up too many things and affects everyone’s quality of life.

Closed to public hearing.

John Patton returned to the table. He did not think a land use decision should be made on the basis of restrictive covenants that are applicable to another piece of property. This land will not be used for agriculture purposes. The density of a subdivision is controlled by Subdivision Regulations. As far as the land use, it is on the planned major thoroughfare.

Commissioner Kirkpatrick asked Commissioner Abart based on his position with the county, what process would take place along the edge of Mr. Patton’s property should he decline to provided the right-of-way the county needs to improve the road? Commissioner Abart said they had a process where they could exercise condemnation.

Commissioner Kirkpatrick asked staff how this conformed with the Master Plan? Director Shawver said this conforms to residential use. Commissioner Kirkpatrick stated he was a little torn. He could see and agree with the point Mr. Patton made, but this jumps two zonings.

Commissioner Kirkpatrick made and Commissioner Grace seconded a motion to approve the request by John and Martha Patton to rezone from A-2 (Agriculture) to R-S (Single Family Residential) of 5 acres, more or less, located at 2375 E. Gans Rd., Columbia (the northwest corner of Gans Rd. and Bearfield Rd.).

Keith Kirkpatrick yes Bill Grace yes

Darin Fugit yes Joe Falco yes

Mary Sloan no Frank Abart abstain

Motion was approved 4 yes 1 no 1 abstain

No date had been set with Circuit Court, but Director Shawver said he would advise neighbors when it would be scheduled.

 

PLANNED DEVELOPMENTS

1. Request by James Abernathy to amend a Final Development Plan for

Abernathy Planned Residential Development located at 7460 E. St. Charles Rd.

(originally approved Dec. 1995)

 

Don Abell gave staff report stating that this development is located approximately 1 1/2 miles east of the City Limits of Columbia on the south side of St. Charles Road and contains 4.23 acres. This property is zoned R-S, which is the original 1973 zoning.

This is a REVISED final plan for a PRD. The original plan was approved by this Commission in December of 1995. That plan approved a proposed duplex and a proposed SFD on the property in addition to the existing duplex for a total of 5 dwelling units. The property is zoned R-S and the maximum density allowable on this property is 26 units. At the time of the original plan the BCRSD operated central sewer system only had capacity for those five units. However, the sewer capacity has been increased since that time and now there is capacity for an additional 8 units. This revised plan is proposing 6 additional SFD units for a total of 11 dwelling units on the property.

There are some things to note:

The existing fire hydrant on St. Charles Road will be relocated to the east to meet travel distance requirements.

The sewer line and other utilities will have to be extended at the owner’s expense. The easements for these utilities will have to be dedicated by separate document.

Since no lots are being created this does not require a Subdivision Plat. However, the owner cannot sell individual units unless a subdivision plat is submitted and approved in the future. The units have been located in such a way that a future subdivision plat can meet the Subdivision Regulations.

The owner is proposing the following:

If a Subdivision Plat is submitted in the future a 32 foot wide curb and gutter street will be required.

This property has 70 points on the Point Rating Scale.

Staff recommends approval with the following conditions:

by Public Works staff.

easement documents be recorded prior to the issuance of building permits.

 

James Abernathy, 7500 St. Charles Road, approached the commission. When he originally made his request to the commission he used all of the sewer capacity available to the property. Since that time the sewer facility has expanded and will accommodate 8 more residence. It was changed from a non-discharge system to a discharge system. He purchased the property in August of 1993 with the intent to develop it. He put the original duplex on the county sewer instead of the functioning 30 year old septic system which took away two (2) of the units he could have used.

He has graded and added rock to the Frank Stanton Road when he put in a manhole into that road. The homes he is proposing will appraise between $80,000 to $100,000, they will be rental properties he will keep control of.

Bill Crockett, 1414 Range Line, Columbia. The PRD regulations were inserted into county regulations to provide to work with the residential areas and other zones with their requirements. The area would accommodate well over 20 units but they had no desire to go that far. The units are a density of 1 of every 16,000 sq. ft. The minimum could be 1 for every 7,000.

The proposed street exits directly onto St. Charles Road with a 22’ surface. Early discussions with staff had indicated 24’, that was changed. The depth cross section he thought was identical to the county road specifications so they do not have any problems with building the road to county regulations. The concern is that it is a better road that would serve five residences where St. Charles Road present road is a 22’ road with essentially no shoulders. They are proposing 24’ road with 4’ shoulders.

Utilities, regarding the fire hydrant, it would cost more to relocate a fire hydrant than to place another hydrant. They are working with the Water District #9 to give them a sketch on what they wanted. They will be extending from the existing main to the fire hydrant a 6" water line.

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

Commissioner Abart wanted to correct the depth of asphalt; that instead of 1.5" it was closer to 5" but he did not have the exact measurement. As far as the road being private vs. public, there comes a time when the road deteriorates where fire department could not respond, ambulance can not respond, the deputy sheriff can not respond. When they do accept roads like this, having several families living on it, it does become a significant "driveway".

Mr. Crockett said as long as Mr. Abernathy maintains the ownership it would be his expense to maintain and he would.

Commissioner Grace asked if the properties were ever sold off, it would then need to be platted? Director Shawver stated that was correct, unless someone bought the entire development. Mr. Crockett said the process would be that the road and utilities would have to be brought up to standards. Director Shawver stated that by even selling one lot, one house would change the configuration of the existing tract.

Commissioner Kirkpatrick asked staff if any division of the tract would trigger requirement to upgrade the road to county standards before plat of the division could be approved. Director Shawver said yes, P & Z commissions could approve it but before County Commission could consent to it, either the streets would have to be brought up to regulations or bonded.

Commissioner Abart asked about the note where to place the asphalt after construction of the 4th structure or 3 years from approval date, what assurance does the Commission have that it will happen? Director Shawver said if that was a condition of approval, and county commission also follows the condition, then our office would track it since it is our office that issues building permits, subdivision plats, and planned residential development; he hopes his office would catch it.

Commissioner Kirkpatrick stated he had concern on this PRD and had a long talk with Mr. Crockett. He did not like the long private drive but he was relying heavily on Commissioner Abart’s comments.

Commissioner Abart wanted it stated that this was going to be a "Privately Maintained access". Mr. Crockett asked if he would prefer a sign to be placed that said "Private Drive". Commissioner Abart agreed. He also asked that when the road is built being 3-4 years from now it would be under current standards as of today’s date.

Commissioner Abart made and Commissioner Grace second motion to approve request by James Abernathy to amend a Final Development Plan for Abernathy Planned Residential Development located at 7460 E. St. Charles Rd. (originally approved Dec. 1995) contingent upon the following:

installation of a sign of the owner’s choosing at entrance it is a "Private Road"

 

Frank Abart yes Bill Grace yes

Darin Fugit yes Mary Sloan yes

Joe Falco yes Keith Kirkpatrick yes

Motion was approved unanimously. 6 yes

This would be on the April 1, County Commission agenda at 7:00 p.m.

2. Request by Godas Development, Inc. to approve a Review Plan for

Valley Creek Planned Residential Development (this property previously platted as

Valley Creek Subdivision, Plat 8), a 20 lot planned development located at the corner

of Trikalla Drive and Villa Drive.

Don Abell gave staff report stating this development is located just east of the City Limits of Columbia and contains 7.12 acres. This property is zoned R-M, which is the original 1973 zoning.

The request before you is to take Valley Creek Subdivision Plat 8, which was approved by the Planning & Zoning Commission in October of 1996 and includes 20 R-M zoned lots, and allow each lot and building unit to be split into two separate ownership’s, thus creating a zero setback from the property line. This will not in any way change the allowable density of development on the property. The building units have been shown on the plan. If this is approved, a replat for each lot or group of lots is required to be submitted that will locate the common property line running through the center wall of the unit. This will take place after construction of the unit has begun to ensure that the common property line is accurately located. The engineering details of the street, water, fire hydrants, and other utilities have already been addressed with the Final Plat for Plat 8.

An engineered Erosion Control Plan was submitted with the Final Plat for Plat 8 that addresses some of the concerns of erosion during construction of the road and installation of the utilities. This Commission approved Plat 8 with the condition that the erosion control plan be acceptable to NRCS staff before County Commission approval. This plan was reviewed by NRCS staff and will meet requirements with the following additions: Cut a drainage ditch through the ridge between lots 84 and 85, put in a small berm across the natural drainage way in lot 84, and direct the runoff into the existing watercourse that flows out of the northeast corner of lot 85. Use silt fences on each lot at the point of runoff discharge during construction of the units. Grade the north side of the lots so the runoff flows into the existing storm drains under Waterfront Drive. Sediment fences or sanitation areas are necessary on site. Since that time Planning staff has inspected the area and found that additional attention needs to be to be given to the existing erosion taking place at the western end of this property where fill dirt has been added along the north property line. The fill soil has been eroded and sediment has been deposited on the pavement on the western end of the Waterfront Drive cul-de-sac.

Another consequence of developing a zero lot line development is a more stringent building code. These units are required to be built to a single family attached building code that requires a higher fire separation between units, separate utility entrances, no plumbing in the common wall, and so on.; more so than that of a regular duplex.

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

Staff recommends approval with the condition that the Erosion Control Plan incorporate the additional requirements as stated by the NRCS staff and that sediment on Waterfront Drive be removed by the developer and that area where erosion is occurring be immediately stabilized in such a way that sediment will not continue to leave this property. Additionally, if at any time these erosion control measures are not being met, the Planning and Building Inspection Office can withhold the issuance of building permits and/or the issuance of Occupancy Permits until measures are taken to bring the development into compliance with the erosion control plan. Also for clarity I will add as a condition that the units will have to meet the building codes for single family attached housing.

Tom Schneider, legal counsel, Jones, Schneider and Bartlett, 11 North Seventh Street, Columbia addressed the commission on behalf of Godas Development, Inc. He said the only difference between this PRD request and the Preliminary Plat that had been approved is that this will allow the units to be sold like condominiums. There will be no effect on density or traffic generation. As far as the development plan, the development amenities, Mr. Patchett was present if there were any questions. Mr. Godas did not have any objections to the conditions proposed by staff.

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

Bob Web, 5493 E Waterfront Drive stepped forward. He said that was the Edgewater property immediately north of the Valley Creek Development. He continued a lot of their concerns had been answered by the conditions the Planning staff has recommended. He showed pictures of the erosion in question. He understood from the conditions placed tonight it would address the erosion. He said there was construction going on now with no barriers, streets being cut and if a 4" rain it would erode the street right into the lake.

Director Shawver stated there was a possibility that another development called Woods Mill Development which ultimately would be extending Fredricke Drive all the way to Lake of the Woods Road. That development also has an erosion control plan in effect.

Bob Web presented more concerns The north border on Water Front Drive where they had developed, they took down all the trees. Second, in developing Valley Creek two summers ago there was extensive use of dynamite in removing some large rocks. Question is, what are the controls of the use of dynamite like that? Director Shawver said the county did not have any control over blasting, the state regulates blasting. Commissioner Abart said if any blasting is to take place or dynamite on site, the Boone County Fire Protection is to be contacted. They review their safety precautions and actions.

Mr. Web asked if their home was damaged what was their recourse? Director Shawver said it would be a civil action.

Mr. Web stated that from Valley Creek on the west cul-de-sac, contractors have driven through that lot and down across the curve. He asked what recourse did they have? Director Shawver suggested to speak to Mr. Hagen, developer of Waters Edge. There is a strip of land that separates Water Front Drive from the adjoining property and if they are crossing that strip of land, they are in fact trespassing.

Dorn Schuffman, 5541 Water Front Drive had concerns about the development.

Don Kenny, 1800 Water Front Drive North, on the other side of the lake was concerned about the erosion and the erosion from the trees that have come down. She would like to see it replaced.

Kathy Montgomery, 5787 Water Front Drive South, was concerned about the heavy equipment on their street and tearing up the road.

Sally Winters, president of the Lake Wood Villa Estates, Townhouse Association wanted to reiterate about the roads being torn up.

Glenna Kilfoil, from Lake Wood Estates was also concerned about the roads.

Jeff Roberts, 5744 East Water Front, he was the only house that adjoins the property. He now has an erosion problem because of the removal of trees.

Gordan Howard, 5733 Water Front. He was concerned about the lake, and all the erosion into the lake. It is the muddiest he has ever seen it. Along with the construction, there is construction debris but as each day closes he would like the contractor handling it in a more timely fashion.

Ron Endecott, 5589 Water Front Drive South is concerned that if the units are turned into single units who will be responsible for the maintenance?

Vera Herter, 1717 Aspen Circle was concerned the approximate 40 families. She lived in Lake Wood Estates and they have 86 units on 20 acres. It is a pleasant place to live. With this development behind them they will have 14 duplexes and in another location 6 duplexes. With all the traffic problems she was concerned with the roads in and out.

Vice-Chairman Falco asked staff that this development was going to happen no matter what took place. Don Abell stated that each owner may have a unit and each would have their yard. It is not a condominium arrangement. The only difference is that instead of the unit in the middle of the lot, they are attached.

Closed to Public Hearing.

Tom Schneider, stepped forward. On the matter of maintenance and upkeep, by going to a zero lot line it would increase chances of owner occupied units which increases the chances of good maintenance and up keep. Regarding the erosion, he wanted to point out that Mr. Godas no longer owns Plat 7. It has all been sold. Concerns should be to Plat 8 that Mr. Godas owns.

Commissioner Kirkpatrick asked staff if the number of units per lot could be restricted. Mr. Abell stated it could be restricted to two single family units per original lot.

Commissioner Grace made and Commissioner Fugit second motion to approve request by Godas Development, Inc. to approve a Review Plan for Valley Creek Planned Residential Development (this property previously platted as Valley Creek Subdivision, Plat 8), a 20 lot planned development located at the corner of Trikalla Drive and Villa Drive with the following conditions.

 

Bill Grace yes Darin Fugit yes

Keith Kirkpatrick yes Joe Falco no

Mary Sloan yes Frank Abart yes

Motion was approved. 5 yes 1 no

This would be on the April 1, County Commission agenda at 7:00 p.m.

 

PLAT REVIEWS

1. R & D Subdivision. S35-T51N-R14W. A-2.

Eugene Hayes, owner. Donald E. Bormann, surveyor.

Thad Yonke gave staff report stating that this one lot plat is located on the east side of Ridge Road, about 1300 feet north and 500 feet west of the intersection of Coyote Hill Road and Ridge Road. The site is 1& 1/2 miles north of the Harrisburg municipal limits. The area being subdivided contains 5.66 acres out of a parent tract of 37.6 acres. This property is currently zoned A-2, which is the original 1973 zoning. The remaining portion of the parent property is also zoned A-2, as is all the surrounding property. These zonings are also the original 1973 zonings. The site falls within the Public Water District # 10 service area, however, the nearest district water line is a 3" line located about 1 & 1/2 to 2 miles to the north along Carr Ln. This information was obtained by phone conversation with water district personnel. It is unclear as to how water service is to be provided for this lot, our assumption is that it will be served by a private well. Sewage treatment will be on site, the appropriate area is designated on a separate document in the file. The owner has requested a waiver of the requirement for traffic analysis and cost benefit analysis for sewage treatment. This plat has 12 points on the point rating scale.

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

Donald Bormann, Surveyor approached the commission. The will have to put in a deep well since it will be much cheaper than extending the water line.

Commissioner Sloan made and Commissioner Kirkpatrick seconded motion to approve plat review for R & D Subdivision. S35-T51N-R14W. A-2. along with staff recommendations of granting of the waivers for cost benefit analysis for sewage treatment and traffic analysis.

Mary Sloan yes Keith Kirkpatrick yes

Darin Fugit yes Bill Grace yes

Joe Falco yes Frank Abart yes

Motion was approved unanimous. 6 yes

 

2. Blumer’s Subdivision. S19-T49N-R12W. C-G.

Michael S. and Tammy J. Blumer, owners. James R. Jeffries, surveyor.

Thad Yonke gave staff report stating this four lot plat is located on the east side of Highway 763 and on the south side of Prathersville Road. The site is approximately 300’ south and 50’ east of the center of the intersection of Highway 763 and Prathersville Road. The site is 1 to 1 & 1/2 miles north of the municipal limits of the City of Columbia. The area being subdivided contains 4.57 acres. This property is zoned C-G, (General Commercial) which is the original 1973 zoning. The property to the west across Highway 763 is zoned C-G & R-M (Residential Moderate Density) The C-G is an original zoning, the R-M was rezoned from C-G in 1977. The property to the north is zoned C-G, as is about 100’ to the east and about 100’ to the south of the property. The property beyond the 100’ east and 100’ south is zoned M-L (Light Industrial). These are the original 1973 zonings. No direct access to Highway 763 will be allowed by MoDOT as the frontage is limited access right-of-way. Water service will be provided by the City of Columbia as merged with Former Water District #1. There is currently an existing 12" line that runs along Prathersville Road to the north corner of the proposed subdivision and a water main extension will be required. Sewage treatment is proposed to be from the central system that serves Gaslight Acres. The BCRSD indicates that at present there is only 10,000 gal. per day capacity remaining and will be provided on a first come first served basis. This aspect is important in that a number of other proposed developments have indicated this same 10,000 gal. per day as their intended sewer source. The sewer district should be required to approve the sewer plans prior to County Commission sign-off. A waiver of traffic analysis has been requested, public works is already conducting a traffic analysis for the area in conjunction with another project. The planning staff concurs with the request, however, we have not officially had a response from the public works department, as it is their area of expertise. This plat has 70 points on the point rating scale.

Staff recommends approval with the provisions that the BCRSD give their OK to the sewer plans prior to County Commission sign-off, and that the public works department agrees to the granting of a waiver of traffic analysis.

James Jeffries, surveyor stepped forward. The sewer that is proposed is part of an extension to serve Amega Mobile Home. Mr. Bloomer will pay an extra $4,000. to have sewer extended to his property and then to serve the lots and the water main extension would be done.

Commissioner Kirkpatrick made and Commissioner Abart seconded motion to approve plat review of Blumer’s Subdivision. S19-T49N-R12W. C-G with the provisions that the BCRSD give their OK to the sewer plans prior to County Commission sign-off, and that the public works department agrees to the granting of a waiver of traffic analysis.

Keith Kirkpatrick yes Frank Abart yes

Mary Sloan yes Joe Falco yes

Darin Fugit yes Bill Grace yes

Motion to approve was unanimous. 6 yes

OLD BUSINESS

NEW BUSINESS

ADJOURN

Being no further business the meeting was adjourned at 11:51 p.m.

 

 

 

Respectfully submitted,

Keith Kirkpatrick Secretary

Minutes approved on this th, day of , 1997.