BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, May 15, 1997

 

Chairperson Schnarre, called the meeting to order at 7:30 p.m., with a quorum present. Roll Call was taken by Director Stan Shawver, acting as the secretary in the absence of Commissioner Kirkpatrick.

Present: Keith Schnarre, Chairman Bourbon Township

Joe Falco, Vice-Chairman Perche Township

Darin Fugit Columbia Township

Frank Abart Public Works Director

Mary Sloan Rocky Fork Township

Absent: Bill Grace Centralia Township

Keith Kirkpatrick, Secretary Missouri Township

Ron Marley Cedar Township

Also present: Stan Shawver, Director Don Abell, Staff

Thad Yonke, Staff

 

Commissioner Falco made and Commissioner Abart seconded a motion to approve the minutes of April 17, 1997, meeting with no corrections.

Motion passed by acclimation.

 

CONDITIONAL USE PERMITS

None submitted

 

REZONING REQUESTS

Request by Steven Nichols on behalf of John Massey to rezone from

A-2 (Agriculture) to C-G (General Commercial) of 2.36 acres, more or less,

located at 8802 S Rte N, Columbia.

Planner Don Abell reported that this property is located on State Highway N approximately 3 miles south of Columbia, and 4 miles north of Easley. The property is zoned A-2 (Agriculture), as is all of the surrounding property. This property was used as a farm implement dealership prior to the adoption of zoning regulations. The building that contained the dealership, parts area and repair shop were converted to a daycare center in 1995. This change in use resulted in the grandfather rights being downgraded to the equivalent of R-M zoning. The owner is interested in selling the property; the potential buyer will use the property for a construction business. In 1992, a conditional use permit was issued to allow a mobile home to be placed on the property. That unit has been removed. The Master Plan designates this area as being suitable for agriculture and rural residential land uses. The proposed use is inconsistent with the Master Plan, with the exception that the application indicates that the buyer may work on farm equipment. Staff notified 8 property owners concerning this request.

Steven Nichols and John Massey approached the Commission. Mr. Nichols explained that he intends to sell his land to Mr. Massy. Mr. Massey will operate a construction business from the site. The building will be used as an office, and the shop will be opened up again to work on his equipment. They also would be able to work on farm equipment. Mr. Nichols stated that he lives across the road from this site, and he wouldnít sell it with the intention of hurting his own property in any way.

Commissioner Fugit asked Mr. Nichols if his house was for sale. Mr. Nichols stated that his house is on the market, but he plans to build a new house on the adjoining tract. He stated that he also owns another home just to the south of his house.

Ralph and Pat Eichenberger, spoke in opposition to the request. Mr. Eichenberger explained that they own the property behind Mr. Nicholsí house. They currently live in Belton, and lease the farm out, but it had been in the family since 1949. Mr. Eichenberger stated that they are concerned about the C-G zoning due to the lengthy list of permitted uses. He stated that many of the uses possible in the C-G district are objectionable in a rural community.

Pat Eichenberger stated that she is concerned how a construction business may impact the neighborhood and the use of land. She stated that she was concerned about potential impact on the road by moving construction equipment around. Mrs. Eichenberger stated that their children may want to retire her, and that they would hate to see something go in that would detract from their property.

Chairman Schnarre stated that he is concerned about the broad spectrum of uses possible under the C-G zoning.

Mr. Nichols addressed the Commission. He stated that there had been an implement dealership on this property since 1952. There essentially had been no change in the use, maybe the colors had changed. He explained that he had spent a lot of money cleaning up the property. He was not willing to sale the property top someone that was going to "junk it up."

Chairman Schnarre asked Mr. Massey to describe his business. Mr. Massey explained that his business is called Capital Railroad Contracting. They repair rail lines, primarily in northern Missouri. They also do some excavation work, primarily in Boone County. This property would become their base of operations. There would be the office, maintenance shop and material yard.

Chairman Schnarre asked if they would have railroad ties on the property. Mr. Massey stated there might be ties there sometimes, if they were left over from a job.

Commissioner Sloan asked Mr. Massey how much equipment he had. Mr. Massey stated that the equipment would be on the job most of the time, but may be here between jobs. He estimated that he had maybe two to three acres worth of stuff. The equipment consists of backhoes, loaders, etc.

In response to a question from Commissioner Falco, Mr. Massey stated that he didnít plan to build any new buildings for the equipment, that he intended that the equipment be on the job.

Commissioner Falco asked if any buildings on the site would be reconstructed for the storage of the equipment. Mr. Nichols he was going to use the existing building to do the maintenance work out of. The equipment would be on jobs and not at the site but he could not guarantee there would not be growth. He added there might be more equipment on the site at a later date.

Commissioner Falco commented he would like to see this as maybe a Planned Commercial, maybe a buffer along the roadway. He asked if that could be done without Planned Commercial. Chairman Schnarre answered no.

Commissioner Abart expressed concern for future use of this property if straight commercial zoning is granted.

In response to a question from Commissioner Abart, Director Shawver explained the loss of grandfather rights on this property. He explained that when the use changed to the day care center, the commercial rights were lost. Day care centers are permitted in the R-M zoning, so the property has the equivalent zoning of R-M. The only way to use this property for commercial use is to rezone it.

Director Shawver stated that there is some confusion about the proposed use. The application stated that the use would be for a "construction business would be operated from the property consisting of office space and shop area to work on all types of construction and farm equipment." Based on that, Planned Commercial or General Commercial would be an appropriate use. But Mr. Masseyís testimony is that this would be essentially a contractorís lot. A contractorís lot requires M-L as minimum zoning. Outside storage of materials, outside storage of all his equipment; the office function and repair function can take place in a C-G district but the outside storage is a M-L function.

Chairman Schnarre stated he had a concern of giving General Commercial knowing what could change in four or five (4 or 5) years in the future. Planned Commercial/Industrial may need further investigation.

At this time he could not support General Commercial for this property.

Commissioner Fugit made and Commissioner Sloan seconded a motion to DENY request by Steven Nichols on behalf of John Massey to rezone from A-2 (Agriculture) to C-G (General Commercial) of 2.36 acres, more or less, located at 8802 S. Rte N., Columbia.

Darin Fugit yes Mary Sloan yes

Frank Abart yes Joe Falco yes

Keith Schnarre yes

Motion to deny was unanimous. 5 yes

 

Request by S. Diane Heuer to rezone from REC (Recreation) to C-GP (Planned Commercial)

and to approve a Review Plan on 3.1 acres, more or less, located at 16827 N Old Hwy. 63 North,

Sturgeon.

Don Abell gave staff report stating this property is located on Old Highway 63 approximately 7 miles south of Sturgeon and 1.5 miles north of the intersection with Highway 124 West. The property is zoned REC (Recreation), all of the surrounding property is zoned A-2 (Agriculture). This request is to rezone 3.10 acres to C-GP (Planned Commercial). this property was originally zoned A-2, but in 1975, 5 acres were rezoned REC to allow a commercial stable. At some point thereafter, the original barn was converted and used in conjunction with an insulation business. This site is within the service area of Public Water District No. 10, and is within the Harrisburg School District. The master plan designates this area as being suitable for agriculture and rural residential land uses. Staff notified 18 property owners concerning this request.

Diane Heuer , 16827 N Old Hwy. 63 North, Sturgeon, owner, addressed the Commission. She stated she knew ignorance did not count for anything, but she thought that in 1975 when the property was rezoned it was rezoned commercial. She presently has an insulation company and stores the trucks and material in what used to be the stable. In 1995 she constructed a $40,000 building to keep all the trucks. She said she did not know she was not in compliance. She was not planning anything different, she wanted to become legal.

Chairman Schnarre asked how may employees they have. Ms. Heuer said there were 16 employees. They meet there in the morning and then go to the job site. Ms. Heuer stated the trucks are kept inside along with the materials.

Commissioner Abart confirmed that the plan showed what was existing. Ms. Heuer agreed that it was what was already there.

Open to public hearing.

Ron McBee, 16151 N Old Hwy. 63 North, Sturgeon, came forward. He said he was about four (4) doors down from Ms. Heuer. He said her place was kept neat and has not upset the neighborhood. They were in favor of her request.

No one spoke in opposition.

Director Shawver said that the regulations provide that the property owner can ask for planned commercial with little investment up front to find out if it would be approved. It allows a review plan to be submitted as long as it provides all the basic information. Chairman Schnarre asked if staff had any suggestions of restrictions to be placed at this time. Director Shawver said that the structures were set back away from the property lines and are inconspicuous in the surroundings. He suggested that a condition restrict the property from having signs to detract from the area.

Commissioner Falco made and Commissioner Fugit seconded a motion to approve request by Diane Heuer to rezone from REC (Recreation) to C-GP (Planned Commercial) on 5 acres, more or less, located at 16827 N Old Hwy. 63 North, Sturgeon.

Joe Falco yes Darin Fugit yes

Keith Schnarre yes Mary Sloan yes

Frank Abart yes

Motion to approve rezoning was unanimous. 5 yes

 

Commissioner Sloan made and Commissioner Abart second motion to approve request by S. Diane Heuer for a Review Plan on 5 acres, more or less, located at 16827 N. Old Hwy. 63 North, Sturgeon with the condition that no signage be allowed.

Mary Sloan yes Frank Abart yes

Joe Falco yes Darin Fugit yes

Keith Schnarre yes

Motion to approve Plan Review was unanimous. 5 yes

Request by Ron and Teri McBee to rezone from A-2 (Agriculture) to C-GP

(Planned Commercial) and to approve a Review Plan on 8.17 acres, more or less,

located at 15160 N Old Hwy. 63 North, Sturgeon.

Thad Yonke gave staff report stating this property is located at the intersection of Highway 63 and State Highway 124 West approximately 11 miles north of Columbia. The property is vacant except for an old house at the north end of the property. The applicantís are requesting that the site be rezoned from A-2 (Agriculture) to C-GP (Planned Commercial). Property to the east across Highway 63 is zoned A-2, as is the land to the south. Property to the north is zoned R-S (Single Family Residential). This property was platted as Jett Subdivision, a two lot subdivision in 1990. There have been no other requests submitted on behalf of the property. This site is within the service area of Public Water District No. 10, and is within the Harrisburg School District. The master plan designates this area as being suitable for agriculture and rural residential land uses. However, the plan does not project locations for commercial or industrial growth, allowing the use of Planned Developments as a control mechanism. Staff notified 20 property owners concerning this request.

Ron and Teri McBee, 16151 N Old Hwy. 63 North, Sturgeon owners, and Brian Dollar addressed the Commission. Mr. McBee stated the property was like an island between a county road and a state road. It is located on a heavily traveled road and no one is interested in building a house on the property. They would like to have a Planned use for some type of country store, insurance/real-estate office on this corner.

Brian Dollar stated that as traffic has increased on Hwy. 63.

Open to public hearing.

Sam Everhardt, 2206 Hwy. 124, Fayette addressed the Commission. He stated he traveled Hwy. 124 and was familiar with the property. It was isolated when Hwy. 63 would be four (4) lanes and Hwy. 124 intersection. The property would have headlights turning off Hwy. 124 or the noise off Hwy. 63. He was in favor of planned commercial development and this property was not suitable for agriculture because of the terrain.

Commissioner Schnarre and Commissioner Falco agreed this planned commercial would be a good use for the property. Commissioner Falco asked when they might start construction? Teri McBee answered as soon as they find a bank to finance it.

Commissioner Abart made and Commissioner Sloan seconded a motion to approve the request by Ron and Teri McBee to rezone from A-2 (Agriculture to C-GP (Planned Commercial) on 8.17 acres, more or less, located at 15160 N Old Hwy. 63 North, Sturgeon.

Frank Abart yes Mary Sloan yes

Keith Schnarre yes Darin Fugit yes

Joe Falco yes

Motion to approve rezoning was unanimous. 5 yes

Commissioner Fugit made and Commissioner Sloan to approve Review Plan as submitted on 8.17 acres, more or less located at 15160 N Old Hwy. 63 North, Sturgeon.

Darin Fugit yes Mary Sloan yes

Keith Schnarre yes Joe Falco yes

Frank Abart yes

Motion to approve Review Plan was unanimous. 5 yes

 

PLAT REVIEWS

Victoria South, preliminary plat. S11-T47N-R13W. Angelo Skyvalidas, owner.

Robert Lewis, surveyor.

Don Abell gave staff report stating this development is located near the northwest intersection of Route K and Old Village Road approximately 2 miles southwest of the Rockbridge Elementary School. The plat consists of 30 lots on 10.98 acres. This property is zoned R-S, which is the original 1973 zoning.

The interior street will be a 32 foot curb and gutter concrete street and it connect with Old Village Road. Old Village Road is a County maintained road that has a 22 foot wide asphalt surface. The Public Works Department has just completed a traffic analysis for this area and determined that the resulting Average Daily Traffic count on Old Village Road will increase from 307 trips to 559 trips. Upon build-out this would almost double the traffic. Therefore, the Public Works report recommends that Old Village Road be upgraded from this development south to Route K, which is about 430 feet, from itís current condition to a collector status. This will allow Old Village Road to continue to carry the increased traffic without any increase in the level of service of the road. Collector standards require a 66 foot right-of-way containing a 38 foot curb and gutter street. Additionally, the geometrics of the current intersection between Route K and Old Village Road will have to be examined. Another detail that will need to be resolved prior to the final plat is the right of way width of Old Village Road at the entrance to the subdivision. Since the property was not originally deeded to the centerline of Old Village Road we have to ensure that the right of way on Old Village Road is wide enough to connect the two right of ways. County staff is still researching this question, since the road was accepted for maintenance many years ago. Before the County Commission could approve a final plat of this development, this connection will have to be verified or acquired and will be one of staffís recommended conditions.

Consolidated Water District #1 has a 6 inch main along Route K with flows that exceed the minimum 250 gallon per minute. They also have a 2 inch water line along Old Village Road, however, the developer will have to upgrade this 2 inch line to at least a 6 inch line to and within the development.

Sidewalks are also required within the subdivision.

Sewage disposal will be a central collection and treatment system. The treatment facility will be on lot 9A. Normally I would not go into much more detail on the proposed treatment facility since this is a Preliminary Plat and the engineered sewer plans are not required until the Final Plat submittal. However, the engineer has provided sewer plans that were forwarded to the sewer district and the treatment facility proposed is a different design than most used in this region of the state. I mention this now because there is a question as to whether or not the BCRSD will want to maintain the facility. But it suffices to say that whatever the treatment method, it will have to be approved and permitted by the MDNR, and there are several other treatment options available.

This area is within the Urban Service Area of Columbia and has 78 points on the point rating scale.

Staff recommends approval with the following conditions:

Road be verified to connect, or be acquired and dedicated prior to Final Plat Approval.

Chairman Schnarre asked if traffic analysis automatically dictated the roads be paved. Commissioner Abart said that as far as the interior streets go, they already proposed to pave those. Mr. Abell added that because of the lot sizes, any development of this density would require the interior streets to be paved anyway. But the traffic analysis dictates improvements will be necessary on Old Village Road as a result of this development. Chairman Schnarre asked if that is automatically required unless we make exception to it? Commissioner Abart answered that the traffic analysis just identifies the additional impact between the entrance to the subdivision and Route K and concludes that this section of Old Village Road should be improved to a collector standard to prevent this development from reducing the level of service that is currently being provided. Mr. Abell stated that this distance is approximately 430 feet. Chairman Schnarre then asked if this section of Old Village Road is required to be a collector or not then? Director Shawver said it (the outside improvements to Old Village Road) would be the recommendation of the Director, and the County Commission would have to concur. Commissioner Abart -I donít know that the County Commission has had a chance to review this and donít know that they will until it gets to that stage. For a Preliminary Plat it may be premature to be deciding. Mr. Abell -It is time to discuss it, but it doesnít really affect the Preliminary Plat. It is an improvement that will be necessary to be there before the Final Plat is recorded, just like any other water line, fire hydrant, or street improvements. It will be more of an issue at that time. But since we have the results of the traffic analysis now, it is a good time to bring it up for their (the developer) sake as well as yours.

Commissioner Abart mentioned a letter that he had seen about the geometrics within the subdivision. Mr. Abell said it was an engineering detail that would have to be corrected for the final plat. The engineer was not made aware in time to correct the preliminary since he was just made aware of this the day before P&Z meeting. Mr. Abell said the turn radii need to be slightly longer than is shown on the street plans in order to make a more rounded corner instead of such a 90 degree type corner. Commissioner Abart asked is it then necessary to make this a condition of approval on a Preliminary Plat? Mr. Abell said it is not absolutely necessary. The condition was suggested in order to reemphasize that it will be required. I did not want there to be any confusion because it was shown on the approved Preliminary Plat. It must be clear that it will have to be corrected on the Final Plat.

Robert Heagler- engineer for this project asked about the right-of-way going between Rte K and their entrance, and is the County going to look into that? It is outside the area owned by the developer! Mr. Abell said the Director, County Commission, and Public Works Director would have to discuss it and determine what is necessary to get the adequate roadway in the right of way. I do not have a good answer at this time, but there is time between now and the Final Plat to make this determination. Mr. Heagler asked-we do not have to buy the right of way do we? Commissioner Abart said he could not say yes or no at this time. Mr. Shawver concurred and stated at this point we do not know what is involved, what level of service can be provided. Perhaps just resurfacing and minor improvements within the existing right of way. That is something we will have to set down with Public Works, ourselves, and you to determine what is acceptable and go from there. I donít think you will be responsible to acquire additional right of way along an existing County road, but until that is researched it is hard to say. I would have liked to tell you this two weeks ago, but based on the development this is the appropriate time to bring it to everyoneís attention as something that has to be figured out.

Richard Enochs, General Contracting, spoke up and said he had contacted Dwayne Cooksey, Boone County Regional Sewer District. They came up with pre-cast steel with an operating range of 25,275 per day with the proposed 29 lots the plat would be running at little less than half capacity. Three to four years the possibilities might be turned over to the Sewer District. With a pre-cast system he could sell and pass on instead of having a piece of concrete that would have to be demolished and taken out no to mention making him 50 - 60 thousand dollars in the hole. He said the Woodlands were currently on the system proposed.

Commissioner Abart made and Commissioner Falco seconded motion to approve preliminary plat of VICTORIA SOUTH with the conditions that the erosion control plan be submitted and meet the approval of the NRCS (Natural Resources Conservation Service); that engineering details be corrected, specifically relating to the curve radii as shown on the street; and that the right of way be verified to make a connection between Old Village Road and Azoros Drive.

Frank Abart yes Joe Falco yes

Mary Sloan yes Darin Fugit yes

Keith Schnarre yes

Motion to approve preliminary plat was unanimous. 5 yes

 

Coleman Meadows, final plat. S12/12-T48 N-T14W. Danny and Janine Coleman, owners.

Bill R. Crockett, surveyor.

Thad Yonke gave staff report that this two lot plat is located on the north side of Wehmeyer Road, about 3/4 mile east of the intersection of Hickory Grove school road and Wehmeyer road. the site is three (3) miles west of the Columbia municipal limits the area being subdivided contains 14.61 acres. this property is currently zoned a-2 (agriculture). All the surroundings property is also zoned a-2 these zonings are all the original 1973 zonings the site falls within the consolidated Public water District No. #1 service area. The water district indicates that they have a six (6") inch and a four (4") inch waterline on the north side of Wehmeyer road. Sewage treatment will be on site, the appropriate areas are designated on the plat. the owner has requested a waiver of the requirement for traffic analysis and cost benefit analysis for sewage treatment. This plat has 50 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.

Commissioner Abart made and Commissioner Fugit seconded motion to approve Coleman Meadows, final plat with waiver of traffic analysis and cost benefit analysis for sewage treatment.

Frank Abart yes Darin Fugit yes

Keith Schnarre yes Joe Falco yes

Mary Sloan yes

Motion to approve final plat was unanimous. 5 yes

Willow Brook, Plat 1. S19/20-T49N-R12W. R-S. Willow Brook Development, Inc., owner.

Curtis E. Basinger, surveyor.

Thad Yonke gave staff report stating that this twenty-one lot plat is located on the east side of Alfalfa Drive. about 570 feet north of the intersection of Oakland Gravel Road and Alfalfa Drive. The site is 3/4 of a mile to 1 mile north of the municipal limits of the City of Columbia. The area being subdivided contains 5.427 acres. This property is zoned R-S, (residential-single family) which is the original 1973 zoning. The remaining bulk of the parent tract is also zoned R-S. The property to the west across Alfalfa Drive is zoned A-2 (agriculture). The property to the south and east of the property is zoned R-S. These are also original 1973 zonings. The property to the north is zoned A-R (agricultural - residential) which was rezoned from A-2 in 1977. Water service will be provided by Public Water District #4. There is an 8" water main coming from the north out of Haystack Acres Addition that will be extended to serve this plat. Sewage treatment is proposed to be from the central system that serves Gregory Heights. This is a BCRSD facility and the BCRSD indicates that at present there is no additional capacity. The developer and others in the area are in negotiations about up-grading the Gregory Heights facility. The sewer district should be required to approve the sewer plans prior to County Commission sign-off. The traffic analysis indicates no plat initiated off-site improvements are required for Alfalfa Drive, Oakland Gravel Road, or Prathersville Road. Public works has reviewed and approved the traffic analysis. There are no road names provided at this time on the plat, as is required. Staff believes this is an effort to find suitable names that can be approved by JCIC without confusing the issue with a string of unacceptable names. The NRCS has some questions and concerns regarding the erosion control measures. These concerns and questions have been passed on to the developerís engineer and a response has been provided for the file. Staff does not at this time know if the erosion control measures are sufficient for the NRCS. The owners of the ground upon which this plat falls have not as of yet signed their designated areas of the plat. This plat has 67 points on the point rating scale.

Staff recommends approval with the following conditions prior to the plat being taken to The County Commission for sign-off;

Additionally, before the Planning and Zoning Commission Chairmanís signature is granted the owner sign the appropriate areas of the plat.

Gene Basinger, surveyor addressed the Commissioners with Robert Conrad, proposed owner/developer. They had no problem with conditions asked. Their biggest concern was for the signatures of owner with the closing is set up for next Friday.

Chairman Schnarre asked about the driveways that were to come out on Alfalfa Drive, where changes? Nate Kohl, spoke up and said the area that would eliminate some of the driveways was not in this plat. This plat did not have any reconfigurations.

Chairman Schnarre asked why the building line was back that far? Nate Kohl stated they wanted to accommodate driveways that have turnarounds without having to back out on Alfalfa.

Commissioner Abart made motion and Commissioner seconded motion to approve Willow Brook, Plat 1, with the following conditions.

and Chairmanís signature is held until the ownership has been transferred and signed in the appropriate areas of the plat.

Frank Abart yes Darin Fugit yes

Joe Falco yes Mary Sloan yes

Keith Schnarre yes

Motion to approve plat was unanimous. 5 yes

OLD BUSINESS

Director Shawver advised the Commissioners that this was the last meeting for Staff member Don Abell. He had been a very good employee since 1990, and the county would miss him.

NEW BUSINESS

Juneís work session would be at 5:30 p.m. The dedication of the Court House Square will start at 7:00 p.m.

ADJOURNED

Having no further business the meeting was adjourned at 9:00 p.m.

Respectfully submitted,

 

 

 

Keith Kirkpatrick

Secretary

Minutes approved on this 19th, day of June, 1997.