BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, June 19 , 1997

 

Chairperson Schnarre, called the meeting to order at 7:33 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

Mary Sloan Rocky Fork Township

David Piest Public Works Representative

Bill Grace Centralia Township

Absent: Joe Falco, Vice-Chairman Perche Township

Also present: Stan Shawver, Director Bill Florea, Staff

Thad Yonke, Staff Noel Boyt, Staff

Public Works Director, Frank Abart was absent but Mr. David Piest was his designated representative.

Commissioner Kirkpatrick made and Commissioner Sloan seconded a motion to approve the minutes of May 15, 1997, meeting with no corrections.

Motion passed by acclimation.

Chairman Schnarre read a statement of the procedures to be followed and that the agenda was to be revised. Dryden request to be first, Jose request second and then the 3 requests for Richardson & Bass. The plat reviews would not change.

Commissioner Kirkpatrick made a motion and Commissioner Marley seconded the motion to amend the agenda as stated by Chairman Schnarre. Motion passed by acclimation.

 

CONDITIONAL USE PERMITS

Request by Gilbert Dryden for a Creek Gravel Recovery Operation on 135 acres

located at 9100 S Millsite Rd., Ashland.

Bill Florea gave staff report stating that this property is located on South Mill Site Road, approximately 10 miles southeast of Columbia. The property is zoned A-1 (Agriculture), as is all of the surrounding land. The applicants own 135 acres adjacent to Cedar Creek. This request is for a conditional use permit for a creek gravel recovery operation, which will be confined to a small area on the property. The A-1 zoning is the original zoning on this tract of land. In 1987, a conditional use permit was issued for a similar use. That permit was reviewed in 1988. By November 1991, the equipment had been removed from the subject property and the operation shut down. The Master Plan designates this area as being suitable for agriculture and rural residential land uses. The proposed use is consistent with the Master Plan, provided that the operation comply with restrictions endorsed by the U. S. Army Corps of Engineers and the Missouri Department of Conservation. Staff notified 6 property owners concerning this request.

Mr. Gilbert Dryden addressed the Commission. He said the gravel bars are building up and the creek was eroding his land. He would like to take the gravel out.

Chairman Schnarre asked if he would be removing the gravel himself? He said he would work with Gary Arnold. Chairman Schnarre reminded him of the requirements of DNR that he needed to understand to abide by them. Mr. Dryden said, "Can do".

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

Commissioner Grace asked how long would the operation go on, would this be a one time cleaning, or would this go on? Mr. Dryden did not know how long the gravel would keep coming in or how long it would take to remove it.

Commissioner Kirkpatrick asked if this request would be open ended? Chairman Schnarre asked staff that after a year of non-usage if the CUP becomes void? Director Shawver explained that unless the motion would have sunset restrictions that it expires at a certain time, it will continue to be a valid permit unless the operation ceases for a period of 12 months.

Commissioner Marley asked Gary Arnold how long did he think it would take to clean it up. Gary answered from the audience that it would be an on-going operation as long as there was gravel on the site.

Commissioner Marley made a motion and Commissioner Grace seconded a motion that as long as they comply with all the stipulations and regulations in the Dept. of Conservation document that the request by Gilbert Dryden for a Creek Gravel Recovery Operation on 135 acres located at 9100 S Millsite Rd., Ashland.

During discussion after the motion Commissioner Marley amended it to incorporate staff to review CUP yearly and if there are any problems to bring it back for the Planning and Zoning Commission.

Commissioner Marley made motion and Commissioner Grace seconded a motion to recommend approval of the request by Gilbert Dryden for a Creek Gravel Recovery Operation on 135 acres located at 9100 S Millsite Rd., Ashland with the conditions as follows:

Ron Marley yes Bill Grace yes

Keith Schnarre yes Darin Fugit yes

Keith Kirkpatrick yes Mary Sloan yes

David Piest yes

Motion to approve request was unanimous. 7 yes

 

 

 

 

 

REZONING REQUESTS

Request by Philip and Cathy Jose to rezone from A-1 (Agriculture) to R-S (Single Family Residential) of 2.65 acres, more or less, located at 4825 E Bonne Femme Church Rd., Columbia.

Bill Florea gave staff report stating that this property is located on Bonne Femme Church Road approximately 1 1/2 miles south of Columbia and 1/2 mile west of Highway 63. The property is zoned A-1 (Agriculture), as is the land to the east, south and north. Land to the west is zoned R-S (Single Family Residential). This 2.65 acre parcel is part of a 5.70 acre tract being platted as Kings Land Subdivision, Plat 2, which will be considered later this evening. The A-1 zoning is the original zoning on this tract of land. 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 zoning is consistent with the Master Plan. The property is located within the Columbia Public School District. Water service is provided by Consolidated Public Water District No. 1. The nearest fire station is located 4 1/2 miles to the west of this site. Staff notified 7 property owners concerning this request.

Philip Jost, 4601 Bonne Femme, addressed the Commissioners. In dividing off the one tract of 5.7 acres, the A-1 zoning did not have the 10 acres fulfilling the zoning requirements. He was bounded on the east by the church property, on the north by a pond dam.

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

Commissioner Kirkpatrick said this is not a spot zoning because the land adjacent to the west is zoned R-S.

Chairman Schnarre stated that he did not see any problem with the request.

Commissioner Piest asked staff about the consequences if the zoning change is denied. Director Shawver explained that the only implication is that a building permit could only be issued for the part of the lot that is zoned R-S already. All residential and associated buildings will have to be constructed on the residentially zoned part of the land.

Chairperson Kirkpatrick made and Commissioner Falco seconded motion to recommend approve of the request by Philip and Cathy Jose to rezone from A-1 (Agriculture) to R-S (Single Family Residential) of 2.65 acres, more or less, located at 4825 E Bonne Femme Church Rd., Columbia.

Keith Kirkpatrick yes Mary Falco yes

David Piest yes Keith Schnarre yes

Ron Marley yes Bill Grace yes

Darin Fugit yes

The motion to recommend approval passed unanimously. 7 yes

 

Chairman Schnarre asked the applicant if the three next items on the agenda could be heard together during one public hearing; but, separate motions would be made for the record. Mr. Van Matre stated that would be acceptable to his client. Chairman Schnarre asked the audience if anyone had any objection holding a single public hearing.. No one spoke out.

 

 

REZONING REQUESTS

Request by Richardson & Bass Construction Co. on behalf of Central Quarries

& Materials Co., L.L.C., to rezone from A-R (Agriculture Residential) to

A-2 (Agriculture) of 69.51 acres, more or less, located at 6791 N Hwy. VV, Columbia.

 

CONDITIONAL USE REQUESTS

Request by Richardson & Bass Construction Co. and Rocky Fork L.L.C. on behalf of

Central Quarries & Materials L.L.C. to operate a rock quarry on 173.5 acres, located

at 6791 N Hwy. VV, Columbia.

Request by Richardson & Bass Construction Co. to operate an asphalt plant on

69.51 acres, located at 6791 N Hwy. VV, Columbia.

Thad Yonke gave the following three (3) staff reports.

RICHARDSON 7 BASS - REZONING: This property is located 1 1/2 miles north of Columbia. Access to the site is from State Highway VV. This 69.5 acres is zoned A-R (Agriculture Residential). Land to the north, west and south is zoned A-R. Land to the east is zoned A-R. There is a nonconforming rock quarry and asphalt plant located on this tract of land. The applicant has also submitted applications for conditional use permits for a quarry, and for the asphalt plant. If the rezoning request is granted and both conditional use permits are issued, the quarry and asphalt plants will no longer be nonconforming land uses. The A-R zoning is the original zoning on this tract of land. 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. This site is within the Columbia School District. Water service is provided by Public Water District No. 7. The nearest fire station is located 2 miles to the east. Staff notified 49 property owners concerning this request.

RICHARDSON & BASS - QUARRY: this property is located 1 1/2 miles north of Columbia. Access to the site is from State Highway VV. This request includes the 69.5 acres considered in the previous request, and the adjoining 104 acre tract that was rezoned to A-2 in April 1997. This request is for a conditional use permit for a quarry. Approval of the permit will cover the existing quarry operation and will allow for expansion of the quarry into the area that was recently rezoned. The applicants have submitted an extensive list of conditions that they are willing follow.

RICHARDSON & BASS - ASPHALT PLANT: this property is located 1 1/2 miles north of Columbia. Access to the site is from State Highway VV. This request is for a conditional use permit for an asphalt plant. The asphalt plant at this location is a nonconforming use and pre-dates county zoning regulations. Approval of the permit will eliminate the "grandfather rights" associated with this property. The applicants have submitted an extensive list of conditions that they are willing follow while operating the plant.

Craig Van Matre, attorney at 1103 E. Broadway, Ste. 101, Columbia represented the applicants on all of the matters. David Dalton, Comptroller for the companies stepped forward.

Mr. Van Matre made reminded the Commission of their request last August to rezone 520 acres of land located north of the existing quarry and asphalt plant. That request was denied by the Planning and Zoning Commission. Since that time they have been in constant negotiations with the neighbors trying to resolve some of their concerns. Last August, some of the Commissioners commented that 520 acres was too big of a tract to be rezoned. If it was smaller, they might consider the rezoning. He presented a 200 plus page document to the Commissioners which had also been worked out with neighbors on all sides. It addressed quality of life issues, operational limitations and hours of operation. The process they are undergoing now will place controls on the entire acreage used for the quarry and the asphalt plant. Otherwise how would the neighbors see any benefits of the bargaining that has taken place.

Some of the areas the neighbors wanted controls over were:

Hours of operation

Limited number of blasts in the quarry

Use certain ingress, egress to the quarry

Use the buffer for purposes to improve the quality of life

Further, they wanted to eliminate any possibility of future litigation that might arise to challenge to the nonconforming status of the quarry and asphalt plant. They were asking to sweep all the issues into these three requests. The rezoning, and the two conditional use permits.

David Dalton, Financial Officer for each one of the organizations. Mr. Van Matre asked the following questions. Who was the owner of the 69.71 acre tract for the rezoning. Dalton answered Richardson & Bass Construction Company. A Missouri corporation in good standing? Dalton - yes. Who owns the property to the NE and W of the existing tract? Rocky Fork, L.L.C. A Missouri limited liability company? Dalton - yes. It is presently in good standing? Dalton - yes. Which entity operates the Rock Quarry? Dalton answered Central Quarries & Materials Co., L.L.C., also in good standing. Which entity operates the asphalt plant? Richardson & Bass Construction Company. How long had these entities been in business? Dalton advised Richardson & Bass under the present owner since 1982 and a previous owner since the 1940’s. Over what period of time was the acquisition of the buffer area? Dalton stated that they began acquisition in 1985, and completed the last purchase in 1995.

Gary Wright, Columbia Plant Manager for Central Quarries L.L.C. Mr. Van Matre asked him the following questions. Was he in charge of supervising and operating the quarry on a daily basis? Yes he was. How long had he had that position? Since Dec. 1995. Mr. Van Matre asked him where did he live. He answered his property was adjacent to the quarry operation. Mr. Van Matre asked was his house the closest house to the property in reference to the other ones around. Wright said he was 1200 ft. from the quarry being the closest of the houses to the property. Did he build the house recently? Yes he did. This house was built with his personal funds? Yes. Mr. Van Matre asked if he was familiar with the production of rock from the quarry? Yes he was. How many tons of rock was produced in 1996? 598,000 tons.

How many tons per day was the average? 3,000 tons a day. Even on a bad day, the quarry would produce more than 1,000 tons per day. Yes, Mr. Wright answered.

Mr. Van Matre asked what was the purposes for which the rock is produced? He answered the limestone is the main ingredient in asphalt concrete, main ingredient in ready mix concrete, used for new road construction, repairs for existing roads, road base, road surfaces, agricultural lime, commercial and residential construction, used for water purification, landscaping, erosion control and many other uses. Where are most of the customers? Generally the customer base is within 15 miles of the property. He asked if it was a fair generalization that 90-95% of the rock is produced by the quarry is consumed right here in Boone County. Mr. Wright answered yes.

Mr. Van Matre asked why it might be necessary to work longer hours and more days. Mr. Van Matre continued and asked why they could not stock pile the rock in advance? Mr. Wright said if they are fortunate enough to be awarded a state contract, the state does not allow that rock to be made until after the contract is received. The state will inspect and enough will have to be made to supply it at a rate that is generally higher than he can make it to supply the job. Except for those unusual circumstances, the hours agreed to in the proposed CUP for the operation of the quarry should be adequate for the production. Mr. Wright agreed.

Mr. Van Matre said the quarry generates noise and requires blasting? Mr. Wright answered yes. Are there standards that have been prepared to determine whether a particular amount of noise generated is acceptable? Mr. Wright replied that there is.

Mr. Van Matre made reference to the "Community Noise Control Manual" and "Vibration Study" conducted in September 1996 and another "Vibration Study" from August of 1996, with respect to a blasting. Mr. Van Matre asked if he knew who performed those studies? Mr. Wright said yes, VIBRA-TECH ENGINEERS, INC., out of St. Louis. Were they affiliated, controlled by or related to the separate companies in any way? He answered no, they were not. To his knowledge did the noise fall within the standards set forth in the Community Noise Control Manual published by the National Stone Association? He said yes it did. Mr. Van Matre provided these documents to the Commission.

Mr. Van Matre asked Mr. Wright if in the context of working out a settlement with the neighbors, did they use the standards that the testing firm gave them in terms of how to address and specify what kind of noise limits they would be subject to? Yes they did. He asked if Central Quarries operation would violate these standards and specifications. Mr. Wright did not think so. Have they agreed with the neighbors to permit them to inspect and permit the county to require them to do additional testing if someone believes the quarry is in violation? Mr. Wright said yes.

Mr. Van Matre asked if the studies were done with the quarries prior knowledge? No, he was unaware that they were in the area monitoring sound until they had completed their tests. At that point, he did schedule some blasting so that they could establish a baseline for that type of activity.

Chip Estabrooks, President of Richardson & Bass Construction Co. came to the table. Mr. Van Matre asked if he was generally in charge of the asphalt plant on site? He said yes. Mr. Van Matre showed a picture of Gencor’s Patented Ultradrum to Estabrooks and the commission. Mr. Van Matre asked if the was the type of system used at the site and why? Mr. Estabrooks responded that it was and said at the time in the market they were aware of what the DNR standards were and the up-coming restrictions on emissions. They could have spent a lot less money but they went with one of the two products that lead the industry. This unit meets emission controls. It is one of the plants that could go into New York City or Los Angeles County. The older plants now go out of the country to Mexico, Venezuela and other places. In terms of noise, Estabrooks continued that it runs relatively quite compared to older plants. It has a closed burner system with the Ultra II Total Combustion Air Burner. In the older plant, the end of the drum was opened up and noise could be heard with the noise of the flame sounding like a giant blow torch. This product is completely controlled and all the air comes in through a duct system.

Mr. Van Matre said that some of the neighbors still complained about the asphalt smell in the morning, did he know what that was from. Mr. Estabrooks explained that the odor is emitted from the storage tanks (30,000 gal. ) As the plant is run during the day, by the end of the day the tanks are partially filled asphalt tank. Then during the night gases are trapped inside. When the tankers come in in the morning to top off the storage tanks, it forces the lighter gas out through the vents. Under certain conditions the odor may drift down to the neighbors. A similar complaint was received at the Stadium plant where the neighbors were 50 feet from the oil storage. In conjunction with the DNR who monitor every complaint, they placed a condenser on the vent system which acted like a big radiator. Since installing the condenser they have not had any complaints regarding the smell. He said a condenser has been ordered for the asphalt plant and should be received within the next two weeks.

Mr. Van Matre referenced - Conditional Use Permit for Permanent Asphalt Plant Revision Date June 12, 1997 (3 d. Page 8) which he had prepared and submitted to the commission for consideration.

"d. Minimization of Odors: Within six (6) months of the date of this permit, the Property Owner shall install the equipment here described which is designed to reduce asphalt order from the presently existing asphalt plant caused by the venting of fumes........"

Mr. Van Matre said they had agreed that within six months but actually within 2 weeks this equipment will be installed on the tanks for the odor problem to be solved? Estabrooks said that delivery should be within two weeks and then installation should take 1-2 weeks.

Mr. Van Matre made reference to Sound Level Restrictions ( 3 a. Page 5) which were agreed to and will meet certain desirable restrictions based on the National Stone Association Community Noise Control manual? Mr. Estabrooks agreed.

Mr. Van Matre pointed out that if the Director of Planning and Building Inspections believe that they are making too much noise he could require them to test to verify if they are violating those standards. Mr. Estabrooks agreed.

Mr. Van Matre asked if they had agreed to use the Highway VV gate exclusively and only use Creasy Springs gate for local work and emergencies. Mr. Estabrooks agreed. Local work is defined as one (1) mile from the Creasy Springs gate. Mr. Estabrooks agreed, he said they paved for a portion of Creasy Springs Road last year. They try to set their traffic pattern where they do not run back over hot mix until it cools so it was not profitable to run up and down Creasy Springs Rd.

Mr. Van Matre said they agreed that at no time would their be more than one (1) asphalt plant on that site? Mr. Estabrooks agreed, he said the original plant that was there in the 1970’s has been removed.

Mr. Van Matre gave a real-estate study from Jack Blaylock, a local real estate appraiser at 802 E Broadway. Mr. Blaylock was asked to gauge the impact of the quarry, quarry operations and asphalt operation on residential property in the vicinity. He wanted the study to be part of the record. His final conclusion on page five (5), were there was no negative impact to the properties which are located in close proximity to the quarry operations.

Mr. Van Matre wanted to point out some of the key provision reached with the neighbors and giving them a legal devise where by they can assure themselves that they would not use the buffer area surrounding the 104 acre tract for anything other than what has been agreed to. Upon the granting of the CUP’s and rezoning they will sign certain covenants and restrictions which will be recorded in office of Recorder of Deeds for the county. The document is the "Declarations of Covenants and Restrictions" with respect to the buffer area. They agreed to properly record documents and permit it to become permanent and restricting what can/can not be done in the buffer area.

Commissioner Kirkpatrick asked what an "emergency blast" was? Mr. Van Matre said it was when there was an overhang or other condition creating a danger. If a rock ledge was hanging, they would not want to leave it over night.

Commissioner Piest asked about the distance from the Creasy Springs Road gate to Highway VV. Mr. Van Matre had stated it was one (1) mile, the distance is two (2) miles.

Commissioner Piest asked Director Shawver if the signatures of Commissioner Stamper, Director of Planning, and County Clerk on the are document necessary and had it been reviewed by County’s legal counsel? Did he have comments of any kind? Director Shawver explained that before a conditional use permit is ultimately approved by the County Commission, the staff prepares "Findings of Fact, Conclusions of Law and Decision" that encompasses the details of a particular request, and how it complies with the regulations. The "Findings" are always reviewed by Mr. Patton before going to the County Commission. In this case, the CUP and conditions have already been reviewed by Mr. Patton approved. Mr. Van Matre has taken the trouble to prepare findings based on the agreement between the neighbors. This submission will save the staff considerable time, and also it gives anyone who wants to a chance to review the documents -- it will be part of the record from the start.

Open to Public Hearing. In favor of the request.

Skip Walther, attorney at 700 E Cherry Columbia, representing the "Quality of Life in Boone County Association" which is an association of neighborhood associations. There are 9 neighborhood associations within the association, formed after this body last met to review the related proposal presented last year. He stated that the vote at that meeting was to deny the application to rezone. It was appealed to the Commission and they were gracious to delay a hearing on an appeal until last month. In that interim the association was formed. Meetings were held with Mr. Eckhoff, Mr. Van Matre and representatives of the various business organizations that operate the asphalt plant and quarry. That series of meetings has produced an agreement with the nine (9) neighborhood associations. It is not an agreement with every resident who lives in that section of town. It is not an agreement of anyone else in the county of Boone. He just represents the association. The negotiations involved a number of issues and the agreement arrived at, addresses and resolves, at least to his client’s satisfaction, all of those issues. Those issues relating to the hours of operation, obligations to reduce the odor from the asphalt plant, to minimize the noise of the quarry (the mining operation), to restrict the number of blasts in any given week or any given year, to restrict the size of the blast, and to restrict the time of day for the blasts. An agreement to the traffic, how tests were to be done to determine the amount of noise, inspection requirement where his clients have a right to inspect four (4) times a year. Restriction on the use of the buffer area. Those issues and more have been discussed and agreed.

His clients have arrived at an agreement they can live with. They have agreed as part of this arrangement to support the requests tonight. The advantage to his clients are: not only will the new quarry be restricted but the existing quarry will be restricted. Staff advised that the existing quarry is operating as a nonconforming use, which to them was not an issue. They have agreed to abandon any litigation to argue about that in the future. The proposal will take this nonconforming use of the quarry and the asphalt plant and turn it into a permitted use with the issuance of a CUP. Advantages to the neighborhood association is the county enforcement mechanism with respect to the Conditional Use Permit. The disadvantage is that they will waive the right to object to the expansion of the quarry. But the right they are abandoning does not necessarily mean they ever had an opportunity to object to the existing quarry.

They support the approval of the Planning Commissioners of the Conditional Use Permits tonight and the rezoning request as well. Do they want the quarry in their neighborhood, not really. Do they think they could ever have eliminated the quarry in this area, no. Did they ever have a guarantee that they could win before P & Z and County Commission on the issues before them tonight or last year, no they did not have a guarantee. But they do believe that a compromise that has been hammered out and this application is in the best interest of the vast majority of the neighbors who live in this area. They do support the Conditional Use Permits and the Rezoning request.

Commissioner Kirkpatrick asked for the number of associations and total number of residents? Mr. Walther said nine (9) associations representing a 400 or so residents. Bon Gor and Clearview subdivisions are the largest subdivisions.

Commissioner Piest said that at one of the meetings he had attended in the past, Commissioner Stamper had asked if a percentage could be placed on the number of residents that attended the meetings, compared to the total of residents that could have participated. Commissioner Piest said the question was never answered. He asked if Mr. Walther could answer it tonight? Mr. Walther said that at one meeting there were 40 people being 10% of the populace represented by the Quality of Life in Boone County Association. As the meetings progressed the attendance went down to maybe 15. Certain issues were more important to one subdivision, while another subdivision wanted to address another set of issues. There were different points of view, but everyone at the final meeting agreed to the agreement but one.

Mr. Steve Turner spoke up and said there were 20-25 people in attendance at that meeting. Mr. Walther said that this group came to a consensus that the process of compromise would restrict Mr. Eckhoff’s operation. The ability to effect the ultimate outcome of this process outweighed the opportunity to perhaps prevent any expansion at all.

Commissioner Marley asked if that meant that 80-90% of the people did not participate, and if any attendance, or rosters were kept? Mr. Walther said he did keep sign up sheets. Chairman Schnarre said that through the process tonight anyone else could speak out.

Mr. Walther said Steve Turner was one of the area representatives. He said the representatives were responsible to report back to their respective areas. Mr. Turner said the Clearview guy took care of Clearview, County Downes’s people took care of County Downes and so on.

In opposition to the requests.

Harold Mauller, addressed the Commissioners. He said he had lived there for 48 years. He had seen the quarry come and go. As for as representation, he said both of the attorneys were paid by the quarry, so how is the neighborhood represented? There was a time when Planning and Zoning was voted in when the quarry was not in operation. He had concrete evidence against that and they can not bring up any evidence that it was in operation. Therefore the business of it being grandfathered is no such a thing. When Hartley Fenton started to lease out the quarry it was just a small operation until the present quarry. The map when Planning and Zoning started does not have any evidence of the quarry in operation.

As far as needing rock, he spoke to Mr. Johnson of Johnson Quarries and informed him that they may have at least 20 years of rock and Medusa Quarry may have even more than that amount. He asked what can be done with 40 years of rock. He asked the Commissioners to drive up and down Hwy. VV and see what the big trucks have done. The bridge to the south has a 15 ton weight limit. The trucks empty come close to that weight but they run back and forth full of rock. He asked for the Planning Commission to turn down the requests. It is a residential area and not heavy industry.

Jane Sanders addressed the commission. She said she was one of the people who never knew of the neighborhood meetings were taking place. She had been contacted to sign the petition but no one ever contacted her after that. Everything she heard about was in the newspaper. Before moving to Creasy Springs 14 years ago, they lived in Parkade. She put up with the blasting of the quarry there. She did not know of any quarry or asphalt plant when they purchased the property. They were looking for a quiet neighborhood, she added that this is not quiet. She has been awakened at 6:00 a.m. by the trucks and the beeping and they are more than a quarter of a mile away.

Closed to public hearing.

Commissioner Sloan asked Mr. Walther how were the people notified of the meetings? He stated the individual representatives who came to the meetings were obligated to call the people around them (creating a phone tree). At most of the meetings there were representatives from each subdivision present. He stated that the matter had been in all the news papers and his name and Greg Wolf’s name have been in the newspapers many times and on the different radio stations. If people did not participate, they chose not to participate. They had the opportunity and there was an extensive public record telling who the players were.

Chairman Schnarre asked if all the residents (every house) were represented in this neighborhood association? Mr. Walther said that some associations were more loosely organized than others. The numbers was given to him by Greg Wolf.

Commissioner Fugit asked staff how many people were notified last year for the request since he was not on the commission at the time? Director Shawver advised that last fall 145 were notified on the rezoning request. Staff notified the same 145 before the rezoning request went to the County Commission in April 1997. The areas involved in the CUP’s and the rezoning tonight cover a much smaller area, very definitely defined, so notices were sent to 49 property owners within 1000 ft. of those tracts.

Chairperson Kirkpatrick asked if that was because of the different location for the quarry? Director Shawver said that was correct.

Chairman Schnarre said that his memory of the hearing last August, compared to tonight, the negotiations appear to have done a lot of good. It appears that the reduction in size of the original request had a significant impact.

Commissioner Kirkpatrick said that as far as the question of whether or not the existing quarry and asphalt operations are grandfathered or not, he wanted to make it clear to everyone that it is not a question being addressed tonight. Realistically it would not be a question that Planning and Zoning Commission would ever try to answer. It is a legal question.

Commissioner Grace asked about the state contracts. Did they not trust the pre-crushed rock? And in those instances they will have to come back to the commission for special permission of expanded hours? And how many times a year could that happen? Director Shawver explained that the state will not allow the rock to be pre-crushed as a matter of quality control. As far as the number of times they would come back, there are no limitations. There is a specific procedure set out that the applicant can petition the County Commission for an emergency situation for extended hours of operation. The requirement that a request has to be filed 10 days prior, ad must be placed in the newspaper and then the request goes before the County Commission. The County Commission has very specific criteria to be considered before it could be decided on a case by case basis. It would not come before the Planning & Zoning Commission.

Commissioner Marley asked if the staff had any new facts that would bear on these requests. Director Shawver stated that his staff had reviewed all the submitted documentation very carefully, combined with the knowledge of negotiations which have taken place and feels that it is a very comprehensive proposal. It provides a compromise between the neighborhood s and the owner, provide them certain relief they did not have available to them before under the non-conforming land use. For example, buffer areas are guaranteed, hours of operation are restricted and blasting restrictions will apply that presently can not be applied. He felt that both parties had worked very hard to reach this compromise.

Commissioner Marley asked of the 49 property owners notified of this meeting, how many did the staff hear from? Director Shawver said, "none".

Teri McBee spoke out from the audience, and asked if she could ask a question. Chairman Schnarre asked her to step forward. She said she sold real estate in Boone County. She was not opposed to the request but had questions. She purchased property across the road for her son at 113 Mauller Road which is now a child daycare center. She paid for residential single family land. Her concern was that the property would hold its value. There were some problems with the 10 acre lake and the dam since the quarry opened up. The dam is leaking, how much is caused by the quarry is unknown. Commissioner Marley asked how long ago did she purchase the property? She said three (3) years ago. He asked if the realtor shared the information about the quarry to her. She said she was a Realtor and handled the transaction herself. It was purchased because of it being residential, families and children where her son could set up a daycare facility and she was not aware of the quarry.

Commissioner Marley asked if she was a member of the associations? Mrs. McBee said she did not live on the property, but her son did and he had attended the meetings.

Commissioner Kirkpatrick made and Ron Marley seconded a motion to recommend approval of the request of Richardson & Bass Construction Co. to rezone 69.51 acres from A-R to A-2.

Keith Kirkpatrick Yes Ron Marley Yes

Keith Schnarre Yes Bill Grace Yes

Darin Fugit Yes Mary Sloan Yes

David Piest Yes

The motion to recommend approval of the rezoning request passed unanimously.

 

 

Commissioner Sloan made and Keith Kirkpatrick seconded a motion to recommend approval of the request for a conditional use permit for a rock quarry submitted by Richardson & Bass Construction Co. and Rocky Fork L.L.C. on behalf of Central Quarries & Materials L.L.C., in accordance with the revised agreement submitted by Mr. Van Matre (dated June 18, 1997), with the additional stipulation that the covenants for the buffer area be duly recorded.

Mary Sloan Yes Keith Kirkpatrick Yes

David Piest Yes Darin Fugit Yes

Bill Grace Yes Ron Marley Yes

Keith Schnarre yes

The motion to recommend approval of the quarry conditional use permit passed unanimously.

 

 

 

 

 

 

 

Commissioner Marley made and Darin Fugit seconded a motion to recommend approval of the request by Richardson & Bass Construction Co. to operate an asphalt plant in accordance with the agreement dated June 12, 1997.

Ron Marley Yes Darin Fugit Yes

Keith Kirkpatrick Yes Mary Sloan Yes

David Piest Yes Keith Schnarre Yes

Bill Grace Yes

The motion to recommend approval of the asphalt plant conditional use permit passed unanimously.

 

PLAT REVIEWS

Kings Land Subdivision Plat 1. R-S. S4-T47N-R12W. Philip and Cathy Jose, owners.

J. Daniel Brush, surveyor.

Thad Yonke gave staff report stating that this two lot plat is located on the north side of Bonne Femme Church Road, about 1/2 mile west of US Highway 63. The site is approximately 1 & 1/2 miles south of the Columbia municipal limits. The area being subdivided contains 10.58 acres out of a 45.10 acre portion of the parent tract. This property is currently zoned R-S (residential-single family) as is the property to the north and west. The property to the south, across Bonne Femme Church Road is zoned A-1 (agriculture). The remaining portion of this portion of the parent tract to the east is zoned R-S. These zonings are all the original 1973 zonings. The site falls within the Consolidated Public Water District # 1 service area. The water district indicates that they have a 4" waterline on the north side of Bonne Femme Church 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 39 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 Grace made and Keith Kirkpatrick seconded a motion to recommend approval of the Kings Land Subdivision, Plat 1, granting waivers of the traffic study and on-site wastewater cost benefit analysis.

Bill Grace Yes Keith Kirkpatrick Yes

Darin Fugit Yes Ron Marley Yes

Keith Schnarre Yes Mary Sloan Yes

David Piest Yes

The plat was approved with waivers.

 

Kings Land Subdivision Plat 2. R-S. S3/4-T47N-R12W.

Philip and Cathy Jose, owners. J. Daniel Brush, surveyor.

Thad Yonke gave staff report stating that this one lot plat is located on the north side of Bonne Femme Church Road, about 1/2 mile west of US Highway 63. The western-most boundary of this plat is located 60 feet to the east of the proposed plat for Kings Land Subdivision Plat 1. The site is approximately 1 & 1/2 miles south of the Columbia municipal limits. The area being subdivided contains 5.95 acres out of a 62.85 acre parent tract. This 62.85 acres includes the 10.58 acres proposed as Kings Land Subdivision Plat 1. The property contained within this plat is split by a section line which is also a boundary line between zoning districts. The portion of the property west of the section line is zoned R-S (residential-single family) as is the adjoining property to the north and west. The property to the south, across Bonne Femme Church Road is zoned A-1 (agriculture). The portion of the property contained within the proposed plat which falls to the east of the section line has received a favorable recommendation for rezoning from its current A-1 (agricultural) zoning to R-S. All the zonings except the recommended rezoning are original 1973 zonings. The site falls within the Consolidated Public Water District # 1 service area. The water district indicates that they have a 4" waterline on the north side of Bonne Femme Church 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 39 points on the point rating scale.

Staff recommends approval contingent upon County Commission approval of the recommended rezoning of the applicable portion of this property from A-1 to R-S. Staff also recommends the granting of the waivers for cost benefit analysis for sewage treatment and traffic analysis

Commissioner Piest asked why they were allowing a 60 ft. separation between the two plats? The surveyor answered that the 60 ft. is being looked at as being appropriate to allow utility extensions and driveways.

Commissioner Piest asked staff about the rezoning request. If for some reason the County Commission would deny that request, could it in any way effect this plat. Director Shawver said the only effect it would have on the property would be that the part that is zoned A-1 could not have a building permit if they applied. The house would have to be on the R-S side. The plat complies with the zoning regulations, but part of it will not be able to get a building permit.

Commissioner Piest made and Mary Sloan seconded a motion to approve Kings Land Subdivision Plat 2, granting waivers of the traffic study and on-site wastewater cost benefit analysis.

David Piest Yes Mary Sloan Yes

Keith Kirkpatrick Yes Darin Fugit Yes

Bill Grace Yes Ron Marley Yes

Keith Schnarre Yes

The plat was approved unanimously.

 

Sickman Subdivision. A-2. S16-T50N-R13W. Susan K. Sickman, owner.

Gene C. Bowen, surveyor.

Thad Yonke gave staff report stating that this three lot plat is located on the southeast corner of the intersection of Highway 124 and Route YY. The site is 3 miles east of the municipal limits of the City of Harrisburg. The area being subdivided contains 12.97 acres. This property is zoned A-2, (agriculture) as is the property to the south. The property to the north and the property to the east are predominantly zoned A-2, however, there is some R-S (residential single family) zoning centered around a pocket of C-N (neighborhood commercial) in the area to the northeast along Highway 124. The property to the west is predominantly A-2, except for a piece of C-G (general commercial) property located in the southwest corner of the intersection of Highway 124 and Route YY. All these are also original 1973 zonings, except the C-G which was rezoned in February of 1983. Water service will be provided by Public Water District #7. There is a 2 & 1/2" watermain running along the south side of Highway 124. Sewage treatment is proposed to be from on-site individual wastewater systems, the appropriate areas are designated on the plat. A cost benefit analysis for sewage treatment has been provided and is in the file. This analysis indicates that individual on-site wastewater is the most cost effective solution for this development. The owner has requested a waiver of the requirement for traffic analysis. This plat has 38 points on the point rating scale.

Staff recommends approval along with granting of the waiver traffic analysis.

Commissioner Kirkpatrick made and Mary Sloan seconded a motion to approve Sickman Subdivision, granting waivers of the traffic study and on-site wastewater cost benefit analysis.

Keith Kirkpatrick Yes Mary Sloan Yes

Darin Fugit Yes Bill Grace Yes

Ron Marley Yes Keith Schnarre Yes

David Piest Yes

The plat was approved unanimously.

 

MB Place Subdivision. A-2. S24-T49N-R14W. Mary E. Bledsoe, owner.

Curtis E Basinger, surveyor.

Bill Florea gave staff report stating that the proposed one lot minor plat is located on the west side of Locust Grove Church Road 1/4 mile north of Hatton Chapel Road, approximately four miles northwest of Columbia. The land contained within the subdivision comprises 6.5 acres and is being divided from an 80 acre tract. The property comprising the subdivision is zoned A-2 as is all of the surrounding property. Water is being provided by Consolidated Water District #1 which has an eight inch main along Locust Grove Church Road. Wastewater will be disposed of via an on-site system, the proposed area for the wastewater disposal system is shown on the plat. The applicant has requested a waiver of the requirements to submit a traffic analysis and a cost benefit analysis of central vs. on-site sewage disposal. The thirty-three foot half width right of way has not been clearly labeled on the plat. This plat has received 31 points on the rating system.

Staff recommends approval of the subdivision and the waiver requests, contingent upon the right of way being labeled on the plat.

Gene Bassinger was present. Commissioner Kirkpatrick asked why the 30’ easement adjacent to the road in not shown as a dedicated right-of-way. Mr. Bassinger said it had been corrected and was on the Chairman’s copy.

Commissioner Bill Grace made and Mary Sloan seconded a motion to approved MB Place Subdivision, granting waivers of the traffic study and on-site wastewater cost benefit analysis.

Bill Grace Yes Mary Sloan Yes

Keith Kirkpatrick Yes Darin Fugit Yes

Ron Marley Yes Keith Schnarre Yes

David Piest - Yes

The plat was approved unanimously.

 

 

Courtney Subdivision. R-S. S23-T49N-R13W. James and Carolyn Courtney, owners.

C. Stephen Heying, surveyor.

Thad Yonke gave staff report stating that this two lot plat is located on the north side of Creasy Springs Road about 1/2 mile north of the intersection of Roemer Road and Creasy Springs Road. The site is approximately 1 & 1/2 miles north of the Columbia municipal limits. The area being subdivided contains 1.97 acres. This property is currently zoned R-S (residential-single family) as is the property to the east, west, and south. The property to the north, across the creek which runs just to the north of this proposed subdivision is zoned A-R (agricultural-residential). These zonings are all the original 1973 zonings. The site falls at the edge of the boundary areas of Former Public Water District # 1 service area and therefore water service should be provided by the City of Columbia. Sewage treatment will be by central system operated by the Boone County Regional Sewer District. The owner has requested a waiver of the requirement for traffic analysis. This plat has 58 points on the point rating scale.

Staff recommends approval along with granting of the waiver for traffic analysis.

Commissioner Kirkpatrick made and Mary Sloan seconded a motion to approve Courtney Subdivision, granting waiver of the traffic study.

Keith Kirkpatrick Yes Mary Sloan Yes

David Piest Yes Darin Fugit Yes

Bill Grace Yes Ron Marley Yes

Keith Schnarre Yes

The plat was approved unanimously.

 

Mahan Estates, Plat 1. A-2. S3-T47N-R13W. Joseph and Alliene Mahan, owners.

Bill R. Crockett, surveyor.

Bill Florea gave staff report stating that the proposed one lot minor plat is located on the east side of Sinclair Road approximately 1/2 mile north of Route K, and 1/2 mile west of the Columbia city limits. The land contained within the subdivision comprises 7.55 acres and is being divided from a parcel approximately 42 acres in area. There is an existing house located on the property, its approximate location and that of the existing sewage lagoon and proposed storage building is shown on the plat. The property was the subject of a rezoning request which was approved by the County Commission, April 29, 1997. The zoning was changed from A-1 to A-2. The property surrounding the subdivision tract is all zoned A-2. Water is being provided to the existing residence by Consolidated Public Water District Number 1. Wastewater disposal is being provided by an existing on-site system. The applicant has requested a waiver of the requirements to submit a traffic analysis and a cost benefit analysis of central vs. on site sewage disposal. This plat has received 46 points on the rating system.

Staff recommends approval of the subdivision and the waiver requests.

 

 

 

 

 

Commissioner Grace made and Darin Fugit seconded a motion to approve Mahan Estates Subdivision, granting waivers of the traffic study and on-site wastewater cost benefit analysis.

Bill Grace Yes Darin Fugit Yes

Keith Schnarre Yes Ron Marley Yes

Keith Kirkpatrick Yes David Piest Yes

Mary Sloan yes

The plat was approved unanimously.

OLD BUSINESS

Chairman Schnarre stated that he is appointing Ron Marley and Joe Falco to represent the Planning and Zoning Commission on the airport area planning committee.

Follow up of the May 15th Planning and Zoning Meeting:

Nicholas rezoning request had recommended denied by P & Z, it was appealed to County Commission where they overruled it and approved the rezoning. Mr. Massey is intending on submitting a planned industrial application that would encumbers that tract and the adjoining

two (2) acres.

Heuer request to rezone from REC to C-GP was approved as recommended by P & Z Commission.

McBee request to rezone from REC to C-GP was approved as recommended by P & Z Commission.

Victoria South, plat has had continued discussion. It was not clear if they had access to Old

Village Rd. (county public road).

NEW BUSINESS

Director Shawver wanted to recognize Bill Florea, a new member to the Planning and Building Inspections Department.

Director Shawver said this may be the last meeting for Chairman Schnarre since his term will be expired by the next meeting, that is if a replacement is found for his Bourbon Township. Otherwise Chairman Schnarre may be back until he has a replacement.

ADJOURN

Being no further business the meeting was adjourned at 8:30 p.m.

Respectfully submitted,

 

 

Keith Kirkpatrick

Secretary

Minutes approved on this 17th, day of July, 1997.