BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, August 21, 1997

Chairperson Kirkpatrick, called the meeting to order at 7:30 p.m., with a quorum present. Roll Call was taken by Secretary Sloan.

Present: Keith Kirkpatrick, Chairman Missouri Township

Joe Falco, Vice-Chairman Perche Township

Mary Sloan, Secretary Rocky Fork Township

Darin Fugit Columbia Township

Frank Abart Public Works Director

Bill Grace Centralia Township

Ron Marley (arrived at 7:35 p.m.) Cedar Township

Absent: Vacant Bourbon Township

Also present: Stan Shawver, Director Bill Florea, Staff

Thad Yonke, Staff Noel Boyt, Staff

CONDITIONAL USE PERMITS

Request by Lewis and Judy Lancaster on behalf of Ameritech Cellular service for

a cellular transmission facility, including a 180’ tower, located at 651 N Rangeline Rd., Columbia.

Bill Florea gave staff report stating this property is located approximately 3 miles east of Columbia, just southwest of the I-70 and Rte Z interchange. The site contains 28.91 acres, however, the proposed land use will comprise a very small portion of the tract. This site is zoned M-L (Light Industrial) as is all of the adjoining land. This request is a conditional use permit. It should be noted that the proposed use is a "transmission facility", which is a permitted use in the M-L zoning district. However, the regulations provide that any structure taller than 100 feet, must have a conditional use permit. The proposed "transmission facility" will include a 180’ monopole tower. There is an extensive zoning history attached to this property. Originally zoned M-L in 1973, the tract was rezoned to REC for a softball complex in 1981. At that time, a conditional use permit was also issued for a concession stand to serve the complex. In 1986, a second conditional use permit was issued for a trap and skeet shooting range. In 1991, a third conditional use permit was issued for a go cart track. Finally, in 1993, 20 acres of the original 30 was rezoned back to M-L, leaving the area encompassing the ball fields as the only remaining REC zoned area. The Master Plan designates this area as suitable for industrial uses. The proposed use is consistent with the plan.

Staff notified 17 property owners.

B. Stephen Kissel, Manager - Real Estate and Construction, Ameritech Cellular Services, 500 Maryville College Drive, Suite 250, St. Louis, MO 63141 addressed the Commissioners along with Denise Paul, of Prime Site International. In the audience was Mr. Mike Dyas, Senior RF Engineer from St. Louis, and Mr. Chuck Brady, a local network operations manager from Columbia.

Mr. Kissel stated that all of the licensing was in the name of "Cibertell Cellular Telephone Company" which was acquired by Ameritech approximately five (5) years ago. Mr. Kissel complimented the County for having clear cut regulations to work towards.

They proposed a hundred and eighty ft. (180’) monopole. He handed out pictures to the Commissioners. He said they feel that if the pole was sighted into the property, it would limit the visual impact on adjoining property. It would be behind the ball field complex, on the south side of the property. It is a good location, located on the east side of Boone County, with proximity to I-70.

Mr. Kissel stated they exceeded Boone County requirements. They have already found co-user of the tower to help minimize the number of towers. They sought out US Cellular, who as of yesterday, sent them a letter agreeing to go on the tower at the 160’ level. US Cellular indicated they had a proposed site in eastern Boone County as part of their 1998 Budget. Mr. Kissel said that by approving the request for Ameritech, the Commission would be also be approving US Cellular to co-locate at this site. When the tower goes up it would have two platforms, one at 180’ for them and one at 160’ for US Cellular, eliminating the need for another tower.

In the application, it asked about existing towers. There were two, one to the far north. If utilized, it would create a need for a tower to the south of I-70. The second tower was an AT&T tower along I-70. Security on those towers is great and other requests to use AT&T’s towers have been turned down.

He said that typically at 180’ they would have placed a lattice tower, but the owner requested a monopole which is more expensive and "visually it is a little cleaner". They are anticipating an approval with the FAA and FCC the first of September. Towers under 200’ are not required to be lighted. Landscaping on the property was not designed since they did not know the requirements of Boone County. They use one of the finest landscapers in Missouri being Baxter Farms out of Montgomery City. They have the means to do any size of tree requirements.

A photo of the structure was in the application being a 12’ x 27’ precast structure. The entire complex is fenced with a small security monitoring in place.

Commissioner Fugit asked if the tower were to fall, would there be anything around? Mr. Kissel said there was no habitable structures. The BOCA requirements call for an 80 m.p.h. wind load and they design their towers for a 100 m.p.h. wind load. If and when a monopole would fail, it would fold on the top third but they have never had a monopole fail.

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

Commissioner Falco asked that when the tower is constructed, they would put a platform for US Cellular? Mr. Kissel said yes. That it would be easier for them to come in and place their antennas and less risk of difficulties of getting a crane up there. Commissioner Fugit asked if it would be maxed out with two users? Mr. Kissel said there would be space for a dish or a small antenna usage.

Chairperson Kirkpatrick asked if he knew how soon US Cellular would be placing their equipment? Mr. Kissel said it was in their 1998 budget. Ameritech had talked with US Cellular about one of their towers on the west for co-location. Take down their tower and put up another one they both would use. He had spoken to Director Shawver about the height requirements.

Commissioner Abart asked staff if there had been any comments pro or con to the request? Director Shawver said no, other than one property owner on the SW corner of the interchange wanted to know height and the location of the tower. That property owner wanted to make sure the tower would not fall on her property. Once assured that the proposed tower was on the other side of the subject tract, there was no concern.

Commissioner Falco and Commissioner Abart second a motion to recommend approval of the request by Lewis and Judy Lancaster on behalf of Ameritech Cellular service for a cellular transmission facility, including a 180’ tower, located at 651 N Rangeline Rd., Columbia.

Keith Kirkpatrick yes Joe Falco yes

Mary Sloan yes Bill Grace yes

Ron Marley yes Darin Fugit yes

Frank Abart yes

Motion to approve request was unanimous. 7 yes

 

 

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

Motion passed by acclimation

 

 

Request by Blue Acres, Inc. to add 16 mobile homes to Blue Acres Mobile Home Park,

located at 4001 S Ponderosa St., Columbia.

Thad Yonke gave staff report stating that this property is located adjacent to the Columbia city limits, directly south of Nifong Park. The property is zoned R-M (Moderate Density Residential) as is property to the east and south. Property to the west is zoned A-1 (Agriculture). City zoning to the north is classified as A-1. There is a 97 unit mobile home park on the site that was there prior to county zoning. This request is for a conditional use permit to add 16 additional units to the park. The addition will require street construction and other infrastructure improvements. The wastewater system is connected to the City of Columbia sanitary sewer. The R-M zoning is the original zoning for this site. In 1976, a conditional use permit was granted that allowed the addition of 15 units, bringing the density up to the current 97 units. In 1987, .84 acres were rezoned to

C-G. The existing density level is 5.2 units per acre. The additional 16 units will increase the density to 6.2 units per acre, well below the permissible multifamily density of 17 units per acre. The master plan designates this area as being suitable for residential land uses. The proposed use is consistent with the plan.

Staff notified 9 property owners about this plan.

Eddie Sachs, president of Blue Acres, Inc. and owner of Blue Acres Mobile Home Park, 6250 Gilmore Lane, Ashland, MO approached the Commission along with Don Abell, Allstate Consultants 3312 Lemone Industrial Blvd., Columbia, MO. Mr. Abell wanted to point out that in their recent discussion with the Water District the water line revisions were drawn for the fire hydrants. He continued the owner was only required to have one fire hydrants within 500’ of the new section. The owner desired to put in three (3) additional hydrants but the Water District only has a 4" line coming to the site. The Water District was concerned that a 4" line would lead the Fire Department to a false sense of security and would not be able to supply enough water if all four (4) hydrants were hooked up at the same time. The Water District would allow the hydrant at the back of the park to meet the 500’ coverage in the new section and to place another hydrant next to the existing meter on the front of the property. It would provide better coverage than it does at present.

Commissioner Marley asked what would be the impact on the wastewater? Mr. Abell said it was connected to the City of Columbia with an interceptor line going to the park. The park used to be on its own system with two lagoons. They were taken out a number of years ago.

Commissioner Fugit asked if the additional homes would be seen from the road. Mr. Abell said no, the new trailers could not be seen from the road.

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

Commissioner Falco wanted to comment that he remembered what Blue Acres looked like 20 years ago. He said these people have done an excellent job in maintaining and restructuring the park. He believes any additions would likely keep the same scheme of things

Commissioner Marley made and Commissioner Abart seconded a motion to recommend approval of the request by Blue Acres, Inc. to add 16 mobile homes to Blue Acres Mobile Home Park, located at 4001 S Ponderosa St., Columbia.

Ron Marley yes Frank Abart yes

Joe Falco yes Keith Kirkpatrick yes

Mary Sloan yes Bill Grace yes

Darin Fugit yes

Motion to approve request was unanimous. 7 yes

 

 

REZONING REQUESTS

Request by Winifred B. Horner Trust to rezone from A-1 (Agriculture) to A-2 (Agriculture)

of 134 acres, more or less, located at 4500 S Rolling Hills, Columbia.

Bill Florea gave staff report stating that this property is located 2 miles Southeast of Columbia on Rolling Hills Rd., just east of the University South Farms. This property is zoned A-1. The majority of the surrounding land is zoned A-1, except a 5 acre parcel located at the northwest corner of this tract, which is zoned A-2. There are no structures on this tract of land, which is wooded, with some use as pasture. This site is within the Columbia school district and Consolidated Public Water District No. 1’s service area. The master plan designates this area as being suitable for residential land uses. This request is consistent with the master plan. The A-1 zoning is the original designation for this tract. In 1979, the 5 acre parcel mentioned earlier was rezoned from A-1 to A-2. This property has 43 points on the Point Rating Scale.

Staff notified 7 property owners concerning this request.

David Horner, 1904 Tremont Court, Columbia, was representing his wife, the owner Winifred Horner of same location. They both approached the Commission. He said they had owned the property since 1956. They had land to the north and east where they raised corn, wheat, hay and cattle. This particular tract had never been good farming land and has been unproductive for a long time. The front 40 acres on Rolling Hills Road is grass land with cattle grazing there at the present time. The remaining 90 + acres is primarily cedar, brush and some timber. There is an abandoned strip mine on the property that was operated in the early 1950’s prior to his ownership. He submitted a few pictures of the property. After 41 years he said they wanted to do something else with the land. He said that in looking at various developments around the county using A-1 zoning, it did not appear to him that 10 acres is an attractive use of land for a residence. Unless the owner has saddle horses, or children with a livestock 4-H project it appears to be more ground than the average resident wishes to take care of. Two and a half to three and a half ( 2 1/2 to 3 1/2) acres would be better. It enables the developer to do a better job on infrastructure. They did not have any immediate plans for the tract. It was not under any contract with a Realtor. The water and wastewater would take a great deal of work before any development could take place.

Mr. Horner stated he had talked to the neighbors and did not believe there would be any problems. Commissioner Grace asked if the pipeline was active? Mr. Horner said it was a liquid line owned by Williams Brothers Pipeline Co. Their main facility was adjacent to Boone County Public Works.

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

Commissioner Fugit asked why the adjoining 5 acre tract was rezoned in 1979 to A-2? Mr. Horner said it was to sell a tract.

Chairperson Kirkpatrick stated he thought it may have been an improper zoning designation from the beginning.

Commissioner Sloan asked Mr. Horner if he was trying to work towards developing the tract? Mr. Horner agreed. He said it would be a long process with several things that would have to be addressed.

 

Commissioner Grace made and Commissioner Falco seconded a motion to recommend approval of the request by Winifred B. Horner Trust to rezone from A-1 (Agriculture) to A-2 (Agriculture) of 134 acres, more or less, located at 4500 S Rolling Hills, Columbia.

Bill Grace yes Joe Falco yes

Keith Kirkpatrick yes Mary Sloan yes

Ron Marley yes Darin Fugit yes

Frank Abart yes

Motion to approve request was unanimous. 7 yes

 

 

Request by Betty Jo Fountain on behalf of Thunder Dome Sports Complex, Inc.,

to rezone from A-2 (Agriculture) to REC (Recreation) on 41.87 acres, more or less,

located at 7901 E St. Charles Rd., Columbia.

Thad Yonke gave staff report stating that this property is located 2 miles east of Columbia on St. Charles Road. All of the surrounding land is zoned A-2 (Agriculture). There are no structures on this property, which most recently has been used for hay production. This site is within the Columbia School District. Water service is provided by Public Water District No. 9. The master plan designates this area as being suitable for residential land uses. This request is not consistent with the master plan. The A-2 designation is the original zoning. There have been no previous requests submitted on behalf of this property. This property has 58 points on the Point Rating Scale. Staff notified 13 property owners concerning this request.

Margaret Rosenheim, owner of Thunder Dome Sports Complex, Inc., 5750 N. Rte E, Columbia approached the Commissioners. She has a contract to purchase this property. She would like to put two baseball diamonds, 2 softball diamonds, volleyball courts, basketball courts, and a support building of approximately 4,000 sq. ft. with concession area on the property. The would have laser tag, an arcade area and additional outdoor sports. There would be a 24,000 sq. ft. pneumatic dome. In the dome there would be sports that would rotate between basketball, roller hockey, volleyball. It could change from one sport to another within a hour. They could have sports year around.

Dan Rosenheim, husband, of the same address, said the project was geared to children as well as young adults that are active in sports. They felt that Columbia was lacking in a facility to for this kind of recreation. It started out as a new idea for a skating rink. The idea expanded to indoor and outdoor activities. In looking for property, they felt this was appropriate. With Lake of the Woods Golf Course less than a mile away, that was a recreational facility. It has easy access to the highway and to Columbia. He realized that the majority of the area is agriculture with two farms on either side of the site as well as a proposed housing complex across the street. He had a drawing of their proposed sports complex he showed to the Commissioners.

Chairperson Kirkpatrick asked that in the brochure the Thunder Dome stated it glowed in the dark, did it? Mr. and Mrs. Rosenheim both stated, "yes, it did".

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

Jean Cousineau, 3900 W Rollins Rd., Columbia approached the Commission. She owns property "kitty corner" to the proposed rezoning. She was concerned about the amount of traffic that it would generate. She said there was very little shoulder space and she questioned the safety of the traffic. Being a teacher for many years she questioned unsupervised children that would be left off by parents. She knew at the mall there were many problems on Friday and Saturday nights when young adults are dropped off.

She spoke of the newspaper article when it stated that the proposed rezoning was "next to nothing". She said there were three (3) new homes directly across from the site and a home in the back of her property.

She asked the Commission to look at the proposed rezoning as if they lived in the area. Would they want this close to them?

Chuck Carl, 7441 E St. Charles Rd., Columbia stepped forward. His property was adjacent to the proposed development. He was against the request. They had agriculture out there and single family homes. Lake of the Woods Golf Course is open during day time hours and a beautiful thing to see. It was Forest Hills Country Club before the city bought it, and it was there before Planning and Zoning ever came into being. He thought there were more suitable places than the site proposed.

Mark Gilmore, 8150 E St. Charles Rd., Columbia which was across the road from the site, came forward.

Mr. Gilmore agreed with Ms. Cousineau and thought the property values would drop considerably. It would not fit into the area. He felt they would have increased liability issues, increased risk of property damage, driveways used for turn-a-rounds, littering in the area, traffic, and loitering. Vehicles with their music turned up, the lighting in the evenings effecting the home owners directly. In the past, some mail boxes have been knocked down and he thought it would be a problem. The roads have been paved but no sidewalks and no shoulders. Residents do get out in the evenings and walk or ride bikes, this traffic would take the peace and quiet away. There is livestock in the area, children play in the area it would effect. He felt there would be increased crime. Parking would be an issue if there was a big event. He said just a mile and a half down the road across the Interstate there was a softball complex that is currently on the market for sale.

Tim Shamberger, 8270 E St. Charles Rd., Columbia stated he has his house currently under construction.

He and his wife looked for a quite place to live and felt the sports complex would change that. He continued that the roads were not wide enough; there would be littering; the lighting would be problem; and there is no sewer out there. It just was not the right place for the rezoning.

Ross Mechlin, 8090 St. Charles Road with property on the SE corner from the site came forward. He said had worked all of his life to have 40 acres and just built a lake on the property. Mr. Mechlin listed the noise, no sewage, bad streets/roads, along with more traffic as his concerns with this request. He was totally against the rezoning.

Stan Gubitz, 8200 E St. Charles Road addressed the Commission. He also said he had worked all of his life for their home. He had no intention to build next to a recreation area if he had know it earlier. The rezoning would not benefit the neighborhood.

Jim Steinmetz, said he was east and across the road adjoining the proposed site. He concurred with all that had been said. He was concerned about the sewer for the site.

Linda Schultz, across the road came forward. She said she lived east of the Cousineau’s greenhouses. They had looked for a year for their property which they bought in 1991. They did not want anything that glowed in the dark, even a sports complex, across the road from them.

Wes Cousineau, owner of the greenhouse addressed the Commission. He advised the Commission not to "Screw up" two miles of road with recreation zoning.

Closed to Public Hearing.

Mr. and Mrs. Rosenheim returned to table to rebut. She said they had three (3) acres set aside for parking. There would be a privacy fence in the front. As far as the sewer, they would put in their own lagoon. For security, they had spoken to off-duty Columbia Police Department and Sheriff’s deputies to take care of security.

Mr. Rosenheim agreed that it was a county road with only two lanes, but it would handle the traffic.

Mrs. Rosenheim added she had the support of the community and that of the schools. Even living in the city of Columbia she had her own mailbox bashed.

Chairperson Kirkpatrick reminded the Commission that the rezoning request was a straight rezoning. Would this 41 plus acre tract be better served as REC, or better to be left A-2?.

Commissioner Sloan asked the applicants how far it was to I-70? Director Shawver advised 6/10 miles, straight line. Mr. Rosenheim stated that it was 2.5 miles driving distance from I-70.

Commissioner Sloan asked what was the 24,000 sq. ft., what was the dimension? Mrs. Rosenheim said the dome would be 120’ x 200’.

Commissioner Falco said he could see the recreational part of the request but thought it might be borderline commercial development.

Commissioner Fugit asked staff how many of the uses were commercial uses? Director Shawver said based on the plan submitted, a number of uses that would take place would require a Conditional Use Permit under the recreational zoning. This would make it more like a commercial usage: the snack bar and arcade. Amusement center is listed in commercial district, so the arcade would fit in that, but ball fields would fall in recreational.

Commissioner Grace asked if they had the number of people who would be using the site at peak time? Mrs. Rosenheim said it would be open from 1 p.m. to 9 p.m. on week days; 11 p.m. for games and as late as 12 p.m. on weekend. In the winter, the hours would drop down to 9 p.m. seven (7) days a week. The number of people for full occupancy with every field in use would be 750 at one time.

Commissioner Abart commented that it appeared to be a spot zoning. He asked if recreational was different? Director Shawver said the Master Plan designated some areas for recreational use, but it did not envision all the possible uses for a growing county. Spot zoning is a legal term used on a case by case basis by the courts. The Master Plan did designate the area as residential area and testimony is indicating that is the way it is being developed in that area.

Commissioner Marley asked Mrs. Rosenheim about the endorsements she had received from the law enforcement and school officials? Did she have any letters? Mrs. Rosenheim said that since everything was contingent on zoning, she did not have anything in writing. Commissioner Marley asked if she had some one with domain over law enforcement or school system? She stated there were people involved in the systems. She had not gone to the School Board. Commissioner Marley asked who in law enforcement was in support? She stated they had spoken to off duty officers but did not speak to the Sheriff or Chief of Police.

Commissioner Falco stated it was a good idea, and he felt Columbia could use something like this, but did not see this site as a good location. He was there this morning and felt the applicant would meet all the regulations for the wastewater, but the roads were not equipped to handle this kind of traffic. He added if this was right off of I-70 or right off an outer road it would make it more suitable.

Chairperson Kirkpatrick stated that as staff pointed out, this request is in direct conflict with the Master Plan. The area is clearly agriculture, residential. If the application is approved and the zoning is granted, there is nothing says it will have to be put to these uses or plans have to be followed. The questions is not the specific uses the applicant is proposing but simply is this tract of land more suitable as it is zoned today.

Commissioner Grace said it would be going out of character, this being a residential area. He hears the concerns of the people.

Commissioner Grace made and Commissioner Fugit seconded a motion to DENY the request by Betty Jo Fountain on behalf of Thunder Dome Sports Complex, Inc., to rezone from A-2 (Agriculture) to REC (Recreation) on 41.87 acres, more or less, located at 7901 E St. Charles Rd., Columbia.

Bill Grace yes Darin Fugit yes

Joe Falco yes Keith Kirkpatrick yes

Mary Sloan yes Ron Marley yes

Frank Abart yes

Motion to DENY was unanimous. 7 yes

Applicants were advised if they wanted to appeal they had three (3) working days to do so.

 

Commission broke for a 10 minute recess.

 

PLAT REVIEWS

Victoria South, final plat. S11-T47N-R13W. R-S. Angelo Skyvalidas, owner.

Robert Lewis, surveyor.

Thad Yonke gave staff report that this thirty lot plat is located east of Old Village Road, about 450’ north of the intersection of Old Village Road and State Route K. The site is approximately 1/4 mile south of the municipal limits of the City of Columbia. The area being subdivided contains 11.02 acres. This property is zoned R-S (residential-single family), this is the original 1973 zoning. Water service will be provided by Consolidated Public Water Service District #1. There is currently a 6" line along Route K and it is our understanding that the developer is working with the water district to obtain necessary easements within which the required watermain upgrade can be extended. Any easements such as these that are recorded prior to the recording of this plat should be indicated in an appropriate manner on the face of the plat. Sewage treatment is proposed to be from a central system extension from the City of Columbia including a pump station. It is our understanding that City policy will require that this plat meet all of their development and subdivision standards as a condition of sewer service. We have been notified that this means that the plat will need to be formally submitted to the City to go through its review process prior to or as a binding condition for sewer service. It is important to note that changes required to meet the City standards may require changes and or work on the original submitted plat. A stub street would be required by the subdivision regulations unless this commission for shown cause waives this requirement. No stub has been provided. It is our understanding that the developers are seeking a waiver of this requirement. A traffic analysis has been conducted and is provided in the file; it should be noted that this analysis indicates that off-site improvements will need to be undertaken as a direct result of the proposed plat. These off-site improvements are the responsibility of the developer. The County Public Works Department has indicated that they are still waiting for the engineering/road plans for the off-site improvements. These improvements are no different than improvements contained within the site. This is to say that the final plat cannot be approved by the County Commission until these improvements, as well as any on site, are correctly built, inspected, and are ready to be accepted, or unfinished improvements are bonded. Sidewalks are required within the plat. This area is within the urban service area of Columbia. The plat has 78 points on the point rating scale. There is a problem with this plat that has recently come to light. It appears that an approximately .44 acre portion of the area shown within this plat was transferred by deed prior to the preliminary plat submission. The lot in question becomes an illegally created lot under the subdivision regulations. This throws the ownership and dedication portions of the plat into question. Additionally, the information relating to this lot should have appeared on the plats. Moreover the illegally transferred lot, which is approximately lot 29 of the current plat, does not seem to match the lot lines shown for this portion of the plat. Consequently, the plat as submitted does not meet the County Subdivision Regulations and, therefore, Staff can not recommend approval.

Angelo Skyvalidas, owner 3824 Woods Edge, Columbia addressed the Commission.

Chairperson Kirkpatrick said there were a lot of concerns listed by the staff. The most pressing one is the question of ownership.

Mr. Richard Enochs, 12805 S Easley Road, Columbia spoke up and said to the best of knowledge all the subdivision was legally surveyed. All old corners were found and he did not understand why anything was in question. They would be providing a sewer system back to the City of Columbia, upgrade of the water line going into old Hidden Hills Estates, from a 2" to a 6". He could not understand why they would be turned down.

Chairperson Kirkpatrick asked who owned lot 29? A gentleman from the back of the audience spoke up. Will Sarvis stood up and said he had the survey of the land as it was sold to him showing .44 acres, and not what was indicated on the plat.

Chairperson Kirkpatrick asked the applicants if they were in concurrence with Mr. Sarvis’s statement? Mr. Enochs said he had no clue of what he was speaking of. Chairperson Kirkpatrick said he had a copy (presented by staff) of the deed recorded January 2, 1997 at 2:18 p.m. transferring property from Mr. Skyvalidas to Mr. Sarvis and asked if that was true? Mr. Skyvalidas said he had never seen it.

Chairperson Kirkpatrick said they had included a lot on the plat that they did not own. Since the owner’s name and signature did not appear on the plat as required by Subdivision Regulations, it should not go any further. There was no need even to address the other concerns of staff.

Chairperson Kirkpatrick asked Mr. Yonke if the lot in question (lot 29) was the same lot. Mr. Yonke said that lot 29 did not match the description on the deed that was transferred earlier. Even if Mr. Sarvis’s name and signature was on the plat, the lot lines do not match the lot deeded earlier.

Commissioner Falco asked what was needed to complete the procedure? Mr. Yonke said that the owner of lot 29 needed to be named and re-surveyed and redrawn properly. Or negate the other deed, undo it, and then transfer lot 29 once lot 29 if fully finished. We can not force Mr. Sarvis to do any of that. Mr. Yonke indicated to the Planning and Zoning Commission it was an illegal transfer which is technically a misdemeanor under the County Ordinances.

Mr. Richard Enochs, stepped up to look at plat. He said they had the markers found and located.

Chairperson Kirkpatrick said problem No. 1 was that Mr. Sarvis’s lot was included in their plat. If that is done, the owner’s signature has to be on the plat. No. 2 Mr. Sarvis’s survey differs from the plat.

Director Shawver spoke up and said if this was Mr. Sarvis’s land, his deed calls for him to own .44 acre. The plat shows lot 29 , which is approximately where Mr. Sarvis’ lot is, as having 12,000 sq. ft., which is substantially less than .44 acres. Additionally, the property lines do not match.

Commissioner Falco made and Commissioner Abart seconded a motion to DENY request by Victoria South, final plat, because it does not comply with the Boone County Subdivision Regulations.

Joe Falco yes Frank Abart yes

Mary Sloan yes Keith Kirkpatrick yes

Bill Grace yes Ron Marley yes

Darin Fugit yes

Motion to DENY the plat was unanimous.

Applicants were advised if they wanted to appeal they had three (3) working days to do so.

 

Valley Creek PRD - replat of lots 75, 76, 80, 83 and 87. S3-T48N-R12W. R-M.

Alan Lynch Construction Co. or Kevin Higdon, owner. James V. Patchett, surveyor.

Thad Yonke gave staff report that each of these two lot minor plats is a proposal to split the original parent lot 1st platted as a lot in Valley Creek Subdivision Plat 8, recorded in plat book 31 page 31 of the Boone County Records. Additionally, each of these lots is contained within the area designated on the approved final plan for Valley Creek PRD. All of the lots, with the exception of lot 87, are on the north side of Trikalla Drive. Lot 87 is located on the east side of Lakewood Drive. This property is zoned R-M PRD (residential moderate density), the R-M underlying zoning is the original 1973 zoning. The Planned Residential Development was approved in April of 1997. The structures on each of these lots are designated as single family attached residences, and as such, must meet a higher building code standard than a traditional duplex which externally these units resemble. These plats represent the final stage of the plan as initially presented for these lots as part of the PRD. Water service is provided by the City of Columbia. Central sewage treatment will be from the BCRSD. The owner has requested a waiver of the requirement for traffic analysis. Staff concurs with this request and recommends that the waiver be granted. This plat has 80 points on the point rating scale.

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

Jim Patchett, Surveyor, 1512 Business Loop 70 W, Columbia stepped forward. He stated Lot 87 had a new owner but it reflected that on the plat.

Commissioner Abart made and Commissioner Fugit seconded motion to approve request by Valley Creek PRD - replat of lots 75, 76, 80, 83 and 87 along with granting the waiver for traffic analysis. S3-T48N-R12W. R-M. Alan Lynch Construction Co. or Kevin Higdon, owner. James V. Patchett, surveyor.

Frank Abart yes Darin Fugit yes

Keith Kirkpatrick yes Joe Falco yes

Mary Sloan yes Bill Grace yes

Ron Marley yes

Motion to approve re-platting request was unanimous. 7 yes

 

Algiere Subdivision. S8-T48N-R11W. R-M. Lindell Algiere, owner. James W. Brush, surveyor.

Thad Yonke gave staff report that this three lot minor plat is located on the north side of I-70 Drive North East approximately 650 feet west of the intersection of I-70 Drive NE and Dozier Station Road. The area being subdivided contains 9.83 acres. The area comprising Cook Subdivision, a 1 lot plat containing approximately 1.25 acres, is contained within the area being proposed for this plat. A vacation of Cook Subdivision has received tentative approval from the County Commission conditioned upon a successful replat: the vacation will not take effect until this plat is approved. Additionally, this tract has received a variance from the subdivision regulations requirements restricting tier lot stems to a maximum of 250’ in length (Appendix B, Section 1.8.1). This variance was granted in June of 1997 and is subject to a condition that restricts the use of the tracts created to a single single-family dwelling per platted lot, regardless of the maximum density allowable normally under the zoning. This property is zoned R-M (residential moderate density), which is the original 1973 zoning. The site is located within Water District # 9. There is currently a 4 inch water line serving the property. 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. Staff concurs with this request and recommends that the waivers be granted. This plat has 55 points on the point rating scale.

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

Jim Brush, surveyor, Brush and Associates, 506 Nichols, Columbia was present. Mr. Brush advised this large tract was to have 3 homes on it.

Commissioner Fugit made and Commissioner Falco seconded motion to approve Algiere Subdivision and granting the waivers for cost benefit analysis for sewage treatment and traffic analysis S8-T48N-R11W. R-M. Lindell Algiere, owner. James W. Brush, surveyor.

Darin Fugit yes Joe Falco yes

Mary Sloan yes Bill Grace yes

Ron Marley yes Frank Abart yes

Keith Kirkpatrick yes

Motion to approve re-platting request was unanimous. 7 yes

 

Rustic Rail Acres. S10-T48N-R12W. R-S. George James, owner. Sam L. Kuder, surveyor.

(No one present to represent Rustic Rail Acres - item moved to end of Plat Reviews)

 

Southbrook Subdivision. S1-T47N-R13W. R-S. Fred and Cheryl Overton, owners.

Bill R. Crockett, surveyor.

Bill Florea gave staff report stating that this is a twenty five (25) lot final plat of a preliminary plat approved September, 1994. The property is located between Route K and Bethel Church Road approximately one half mile south of Rockbridge Elementary School. The final plat differs from the preliminary plat in two ways. One, the preliminary approval was for a twenty six (26) lot subdivision with Southbrook Drive as a through street from Route K to Bethel Church Road. Approval of this final plat will create twenty five lots and Southbrook Court will be built as a cul-de-sac street. The property is zoned Single Family Residential. A request to rezone the property to Moderate Density Residential was denied by the County Commission in 1992.

An existing road, Hoedown Drive, approximately 270 feet south of the proposal, provides a cross connection from Route K to Bethel Church Road. Therefore, platting Southbrook Court as a cul-de-sac will not be detrimental to area circulation patterns.

Preliminary approval of the plat was granted with three conditions:

(1) Additional right of way to be provided for half of a one hundred foot right of way.

(2) Road pavement at Southbrook should be aligned to enter Route K at more of a

right angle but not changing the right of way as shown on the preliminary plat.

(3) That Southbrook, as it hits Bethel on the west side, be aligned with Brookside Lane.

This will be a four way intersection.

 

The plat includes a dedication of land sufficient to provide a fifty foot half width right of way for Route K in compliance with Condition Number 1. The centerline of Southbrook Court has been curved to the south so as to intersect with the centerline of Route K at a right angle for compliance with condition number 2. The plat has been redesigned so Southbrook Court does not intersect with Bethel Church Road. This eliminates the need for compliance with Condition number 3.

Sewer service is to be provided by Boone County Regional Sewer District. Some minor offsite improvements will be required by the sewer district.

Water service will be provided by Consolidated Public Water District Number 1. The district has an existing 6 inch line along Route K and a four inch line along Bethel Church Road, with plans to upgrade the four inch line to a twelve inch line. The district will require construction of a six inch main to serve the subdivision with provision to connect to the line along Bethel Church Road at such time as it is upgraded to a twelve inch line.

This plat scores 68 points on the rating scale.

Bill Crockett, surveyor, 1414 Range Line, Columbia addressed the Commission along with the owner Fred Overton. He stated the design of the water system was completed, application for road entrance on to Rte. K has been made to Highway Department.

Chairperson Kirkpatrick asked if Commissioner Abart was satisfied and he answered, yes he was.

Commissioner Fugit made and Commissioner Abart seconded motion to approve Southbrook Subdivision. S1-T47N-R13W. R-S. Fred and Cheryl Overton, owners. Bill R. Crockett, surveyor.

Darin Fugit yes Frank Abart yes

Ron Marley yes Bill Grace yes

Joe Falco yes Keith Kirkpatrick yes

Mary Sloan yes

 

Motion to approve platting request was unanimous. 7 yes

 

Shalimar Gardens Block IV. S25-T49N-R13W. R-S. Larry and Cecilia Benton, owners.

Nathan D. Lacy, surveyor.

Bill Florea gave staff report stating that this 24 lot final plat is a continuation of the preliminary plat of Shalimar Gardens located west of Highway 763 approximately one mile north of the Columbia city limits. The preliminary plat was approved to create a total of 171 building lots and a recreation tract. 81 lots have been platted within Shalimar Gardens to date. Approval of this block will bring the total to 105. The property is zoned Single Family Residential.

Access to the lots will be provided by construction of new public roads -- Burning Bush Road, Jasmine Way and Camellia Court.

Water service is provided by the City of Columbia Water and Light. An extension of the existing main will be required.

Sewer service is provided by Boone County Regional Sewer District for treatment at the Clearview Treatment Facility.

The proposal scores eighty one (81) points on the point rating scale.

Don Abell, Allstate Consultants, 3312 Lemone Industrial Blvd., Columbia came forward to answer any questions.

Commissioner Falco stated he was impressed with the points on the point rating scale and made motion to approve.

Commissioner Falco made and Commissioner Fugit seconded motion to approve Shalimar Gardens Block IV. S25-T49N-R13W. R-S. Larry and Cecilia Benton, owners. Nathan D. Lacy, surveyor.

Joe Falco yes Darin Fugit yes

Keith Kirkpatrick yes Mary Sloan yes

Bill Grace yes Ron Marley yes

Frank Abart yes

Motion to approve platting request was unanimous. 7 yes

 

Breezewood Estates Plat 1 preliminary plat. S2-T48N-R12W. R-S. Danieal Miller, owner.

Bill R. Crockett, surveyor.

Thad Yonke gave staff report that this sixty three lot plat is located immediately east of Lakeland Acres Subdivision No. 1 about 500 feet east and 1/2 mile south of the intersection of State Highway PP and Lake of the Woods Road. The site is near the eastern boundary of the City of Columbia municipal limits. The proposed area being subdivided contains 24.35 acres. This property is zoned R-S (residential-single family), which is the original 1973 zoning. The area comprising most of Lakeland Acres Subdivision No. 6 and a portion of Barnhardt Subdivision are contained within the area being proposed for this plat. A vacation of the related portions of these two subdivisions has received tentative approval from the County Commission conditioned upon a successful replat: the vacation will not take effect until this plat is approved. Water service is provided by Consolidated Public Water District # 2. The water district has indicated that the developer will probably be required to run a new 8" waterline down Molly Lane. Sewage treatment will be from the BCRSD facility in Waters Edge Estates. A traffic analysis will probably be required at the time of final platting to evaluate the impacts and possible need for off-site improvements. This plat has 75 points on the point rating scale. Staff recommends approval.

Bill Crockett, surveyor, 1414 Range Line, Columbia addressed the Commission along with the owner Danieal Miller. Mr. Crockett wanted to point out this was a subdivision adjacent to Lakeland Acres.

Commissioner Falco made and Commissioner Grace seconded motion to approve Breezewood Estates Plat 1 preliminary plat. S2-T48N-R12W. R-S. Danieal Miller, owner. Bill R. Crockett, surveyor.

Joe Falco yes Bill Grace yes

Mary Sloan yes Keith Kirkpatrick yes

Ron Marley yes Darin Fugit yes

Frank Abart yes

Motion to approve platting request was unanimous. 7 yes

 

Rustic Rail Acres. S10-T48N-R12W. R-S. George James, owner. Sam L. Kuder, surveyor.

Bill Florea gave staff report that this three lot minor plat is located on the east side of Grace Lane immediately north of Lake of The Woods Subdivision. An eighteen lot preliminary plat was submitted in 1978 for this property. No final plat was filed, therefore this submittal is before you as a proposal to subdivide previously unplatted land. The zoning is single family residential.

It is intended that lot three will be replatted in the future. The subdivider has submitted covenants, to be filed with the plat, which provide for vacation procedures.

All of the lots front on and have direct access to Grace Lane. Grace Lane is identified as an arterial on the Major Thoroughfare Plan. The plat includes a dedication of right of way sufficient to provide a fifty foot half width along the frontage of the plat, as required by the Subdivision Regulations. The subdivider has requested a waiver of the requirement to provide a traffic analysis.

Sewer service will be provided by Boone County Regional Sewer District. The Sewer District reports there is adequate capacity to serve the development however the sewer main will have to be extended to the property by the developer.

Water service is provided by Water District Number 9 which has a six inch line running along Grace Lane.

There is currently one existing residence located on the property, which will be shown on the plat. Additional corrections to the plat before you will be outlined in the recommendation section of this report. Obviously, if approved with conditions, the plat will not be presented to the County Commission until the conditions have been met. This plat scores seventy six (76) points on the rating scale.

Staff recommends approval of the plat and traffic analysis waiver conditioned upon the following:

(1) Completion of the sewer main extension with approval and acceptance by

Boone County Regional Sewer District.

(2) Rename the ten foot wide easement identified as "electric easement" to

"utility easement".

(3) Dedicate a ten foot wide utility easement along the west property line of lot 3

where it is adjacent to Grace Lane right of way.

(4) Show the twenty five foot building setback line along the west property line

of lot 3 where it is adjacent to Grace Lane.

(5) Show the existing house and accessory structures on the plat.

(6) Include a reference to the owners deed in the legal description.

(7) Contain a description and a book and page reference to the restrictive covenants

being recorded with the plat.

Dave Dibble, Columbia approached to Commission.

Chairperson Kirkpatrick asked Mr. Dibble about the 7 recommendations by staff. Did he have any problems in meeting the recommendations? Mr. Dibble said he did not have any problems with them. He apologized the surveyor was not present, he assumed he would be present and understood everything was in hand and in the dark.

Chairperson Kirkpatrick asked Mr. Dibble if he knew that if the Planning and Zoning Commission approved the plat, it could not go to the County Commission until all of the recommendations were met? Mr. Dibble, said yes. Mr. Dibble asked if the sewer system had to be completed prior to Commission or could that portion be finished after Commission hearing. Mr. Florea advised that if plat approved, the sewer needed to be constructed or bonded prior to County Commission approval.

Commissioner Fugit made and Commissioner Marley second motion to approve Rustic Rail Acres. S10-T48N-R12W. R-S. George James, owner. Sam L. Kuder, surveyor with conditions as listed by staff:

Staff recommends approval of the plat and traffic analysis waiver conditioned upon the following:

(1) Completion of the sewer main extension with approval and acceptance by

Boone County Regional Sewer District.

(2) Rename the ten foot wide easement identified as "electric easement" to

"utility easement".

(3) Dedicate a ten foot wide utility easement along the west property line of lot 3

where it is adjacent to Grace Lane right of way.

(4) Show the twenty five foot building setback line along the west property line

of lot 3 where it is adjacent to Grace Lane.

(5) Show the existing house and accessory structures on the plat.

(6) Include a reference to the owners deed in the legal description.

(7) Contain a description and a book and page reference to the restrictive covenants

being recorded with the plat.

Commissioner Abart stated he intended to vote against the plat primarily on the principal that the Commissioners should not have to approve a plat with 7 conditions on it. He did not think they should set a precedent approving plats listing off a half page of conditions.

Darin Fugit yes Ron Marley yes

Bill Grace yes Mary Sloan yes

Joe Falco yes Keith Kirkpatrick yes

Frank Abart no

Motion to approve platting request was approved. 6 yes 1 no

 

OLD BUSINESS

Request to remove condition for access placed on preliminary plat of

Brennen’s Ridge Subdivision.

Director Shawver stated that this was an administrative matter for consideration by the Planning and Zoning Commission. April, 1995, the Commission reviewed and approved Preliminary Plat for Brennen’s Ridge Subdivision. 325 lot preliminary plat. The Planning and Zoning Commission approve the preliminary plat with contingency that a road be continued across lot 61 and 62, plat 6 of Trails West Subdivision connecting Southeast Trails Drive and that lot 61 and 62 be replatted to indicate a dedicated public right-of-way. This was to show a street constructed to connect O’Carr Drive and Southeast Trails Drive to county standards and must be approved on the final plat.

The second access was to be into the platted area. The owners submitted a petition to the County Commission requesting that they vacate lot 61 and 62. A request to replat was submitted to show those lots redesigned and the road as required. The County Commission denied that request in January, 1996. This condition prevents them from submitting a final plat on any portion of Brennen’s Ridge Subdivision. To allow them to develop the property, it would be appropriate to remove that condition from the approval. The commission needs to make a motion to remove the condition for replatting of Lot 61 and Lot 62 as attached to the approval of Brennen’s Ridge Preliminary Plat as approved in April 1995.

Commissioner Falco made motion and Commissioner Fugit seconded motion to remove condition for replatting of Lot 61 and Lot 62 as attached to the approval of Brennen’s Ridge Preliminary Plat.

Joe Falco yes Darin Fugit yes

Keith Kirkpatrick yes Mary Sloan yes

Bill Grace yes Ron Marley yes

Frank Abart yes

Motion to remove condition was approved unanimously. 7 yes

NEW BUSINESS

July’s P&Z meeting consisted of only plats.

 

ADJOURN

Being no further business the meeting was adjourned at 10:10 p.m.

Respectfully submitted,

 

 

Mary Sloan

Secretary

Minutes approved on this 18 th, day of September, 1997.