BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, November 20, 1997

Chairperson Kirkpatrick, called the meeting to order at 7:00 p.m., with a quorum present. Roll Call was taken by Secretary Sloan.

Present: Keith Kirkpatrick, Chairperson Missouri Township

Joe Falco, Vice-Chairperson Perche Township

Mary Sloan, Secretary Rocky Fork Township

Darin Fugit Columbia Township

Ron Marley Cedar Township

Frank Abart Public Works Director

Mike Morgan Bourbon Township

Absent: Bill Grace Centralia Township

Also present: Stan Shawver, Director Thad Yonke, Staff

Bill Florea, Staff Noel Boyt, Staff

 

Commissioner Falco made and Commissioner Sloan seconded a motion to approve the minutes of October 16, 1997, meeting with no corrections.

Motion passed by acclimation.

REZONING

NONE SUBMITTED

 

CONDITIONAL USE PERMITS

NONE SUBMITTED

 

PLANNED DEVELOPMENTS

NONE SUBMITTED

 

PLAT REVIEWS

Country Boy Estates No. 2 (Block I), replat of lots 25 and 26. A-2. S15-T50N-R13W.

Roy and Christina Knapp, owners. James W. Brush, surveyor.

Roy Knapp, 308 E. Hackberry, Columbia (owner) was present for questions.

Bill Florea gave staff report stating that Country Boy Estates Number 2 is located on Old Number 7 Road approximately one half mile south of highway 124. The proposal is to combine two previously platted lots into one building lot. The property is zoned A-2.

Access will be via an existing county road, North Point Court, which has an existing 50 foot right of way and terminates in a 45 foot radius cul-de-sac. No additional right of way dedication is being required. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

Wastewater will be disposed of on-site via a lagoon system. A plan showing the location of the proposed lagoon has been submitted. The applicant has submitted a request to waive the cost benefit analysis of an on-site vs. central sewage treatment system.

Water will be provided by Water District Number 7. The district has an existing three inch water line running in front of the property with adequate capacity to serve the subdivision.

The proposal scores 27 points on the rating system.

Staff recommends approval of the subdivision along with the waiver requests.

Commissioner Abart stated he did not have any objections to the waiver of the traffic analysis.

Commissioner Falco made and Commissioner Fugit seconded motion to approve Country Boy Estates No. 2 (Block I), replat of lots 25 and 26. be approved with waiver of traffic analysis.

Keith Kirkpatrick yes Joe Falco yes

Mary Sloan yes Ron Marley yes

Darin Fugit yes Mike Morgan yes

Frank Abart yes

Motion to approve replat was unanimous. 7 yes

 

 

Ashland Estates. A-2. S9-T46N-R12W. Ralph and Jo LaFoy, owners.

C. Stephen Heying, surveyor.

Bill Florea gave staff report stating that subject property is located about one mile from Ashland on Route DD. There is one existing residence on the property along with a garage and lagoon, all of which are located on proposed Lot 2. The property is zoned A-2.

Proposed Lot 1 will have direct access to Route DD. Lots 2 and 3 will be provided access by a fifty foot wide road and utility easement. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

Wastewater will be disposed of on site. A plan showing the proposed location of future wastewater disposal systems has been submitted. The applicant has also submitted a request to waive the requirement to provide a cost benefit analysis of central vs. on site sewage disposal.

Water service will be provided by Consolidated Water District Number 1 through an existing eight inch waterline along the east side of Route DD.

This proposal scores 61 points on the rating system.

Staff recommends approval of the subdivision and waiver requests.

Ralph LaFoy, 509 Tandy, Ashland and Stephen Heying, surveyor were present.

Chairperson Kirkpatrick noted the owner signature was not on the plat. Steve Heying indicated that one owner was present and he would have Mrs. LaFoy sign the plat in the morning.

Commissioner Abart stated that his department had no objection to the waiver of the traffic analysis.

Commissioner Marley made and Commissioner Fugit seconded motion to approve Ashland Estates, with waiver of traffic analysis and cost benefit analysis of central vs. on site sewage disposal.

Chairperson Kirkpatrick stated if approved he would wait until the owners signed the plat before he would sign.

Frank Abart yes Mike Morgan yes

Darin Fugit yes Ron Marley yes

Mary Sloan yes Joe Falco yes

Keith Kirkpatrick yes

Motion to approve was unanimous. 7 yes

 

 

Pop’s Place. A-2 S11-T46N-R12W. Mitchell and Doris Martin, owners.

C. Stephen Heying, surveyor.

Bill Florea gave staff report stating that the subject property is located approximately 600 feet east of the Ashland city limits on Route Y. There is one existing home on proposed Lot 1. There is an existing house with outbuildings on the property. The zoning is A-2.

The property currently has direct access to Route Y. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

There is an existing lagoon on lot one which will continue to be the method of wastewater disposal.

Water is provided by the City of Ashland.

This proposal scored 63 on the point rating system.

Staff recommends approval of the subdivision and waiver requests.

 

Steve Heying, surveyor was present.

Commissioner Abart stated that his department concurred with the waiver of the traffic analysis.

Commissioner Falco made and Commissioner Marley seconded motion to approve Pop’s Place. with staff recommendations.

Chairperson Kirkpatrick stated that if approved, he would sign the plat after the owners signatures were obtained.

Joe Falco yes Mary Sloan yes

Ron Marley yes Darin Fugit yes

Mike Morgan yes Frank Abart yes

Keith Kirkpatrick yes

Motion to approve plat for Pop’s Place was unanimous. 7 yes

 

 

Valley Creek Plat 8 PRD, replat of lot 79. S3-T48N-R12W. R-M.

Alan Lynch Construction Co., owner. James V. Patchett, surveyor.

Thad Yonke gave staff report stating that this two lot minor plat is a proposal to split the original parent lot, lot 79, 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. Lot 79 is located on the north side of Trikalla 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 structure on this lot is designated as a single family attached residence, and as such, must meet a higher building code standard than a traditional duplex, which, externally this unit resembles. This plat represents part of the final stage of the plan as initially presented for the 20 lots of Valley Creek Plat 8 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 was present. He had no comments unless the Commissioners had questions.

Commissioner Sloan made and Commissioner Marley seconded motion to approve Valley Creek Plat 8 PRD, replat of lot 79 .

Ron Marley yes Mary Sloan yes

Darin Fugit yes Mike Morgan yes

Frank Abart yes Keith Kirkpatrick yes

Joe Falco yes

Motion to replat was unanimous. 7 yes

 

 

 

Country Squire Subdivision. R-M. S26-T49N-R13W. Gene and Yoko Smith, owners.

James V. Patchett, surveyor.

Jim Patchett, was present for questions.

Bill Florea gave staff report stating that the property is located one half mile north of Columbia on the east side of Creasy Springs Road. The sixteen lot final plat was given preliminary approval in July 1997 with two conditions. Condition number 1 is to provide a right of way stub to adjacent undeveloped property. Condition number 2 is to improve the sewer system to comply with current regulations and dedicate the system to Boone County Regional Sewer District. The property is zoned R-M.

Access to the lots is provided by an existing road which has been dedicated to and accepted by the County. A right of way stub has been provided to the south, satisfying condition Number 1.

Sewage disposal will continue to be provided by the existing central sewer system owned and operated by the applicant. The applicant has a valid DNR operating permit. Boone County Regional Sewer District is willing to accept the system if the developer meets certain requirements. However, as a matter of policy, the Sewer District does not operate systems which serve only one owner, such as the Country Squire system. Therefore, it is recommended that compliance with condition Number 2 should not be required for approval of the final plat.

Water service will be provided by the City of Columbia. There is an existing six inch main along Country Squire Court.

This plat scores 80 points on the rating system.

Staff recommends approval.

Commissioner Abart made and Commissioner Marley seconded motion to approve Country Squire Subdivision with staff recommendations.

Frank Abart yes Ron Marley yes

Keith Kirkpatrick yes Joe Falco yes

Mary Sloan yes Darin Fugit yes

Mike Morgan yes

Motion to approve plat for Country Squire was unanimous. 7 yes

 

 

Bill Wilson Subdivision. A-R. S5-T51N-R12W. William and Myrna Wilson, owners.

Donald E. Bormann, surveyor.

Representative for the Bill Wilson Subdivision was not present. Item moved to end of agenda.

 

 

Victoria South Plat 1. S11-T47N-R13W. R-S. Angelo and Mary Skyvalidas, owner.

Curtis E. Basinger, surveyor.

Thad Yonke gave staff report stating that this nine 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 3.458 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. 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 the City of Columbia 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 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. 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 all unfinished improvements are bonded. The County Public Works Department has indicated that they will need new road plans since the roadway as presented on this plat differs somewhat from the plans they currently have. 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. As a side note, as is indicated by the locator map on the plat additional acreage for this development has been acquired which approximately doubles the total area. In light of this fact a new preliminary plat will probably be submitted for a reconfiguration of the proposed development at some point in the future. If this is the case, the numbering scheme on this plat will need to mesh with the new preliminary.

Our office has received some concerns with respect to the damn on Old Village Road and the impact of this subdivision.

Staff recommends approval subject to the off-site improvements being completed.

Gene Bassinger, surveyor 300 St. James Street, Columbia, and Angelo Skyvalidas 3824 Woods Edge Rd, Columbia were present.

Mr. Bassinger stated he had taken over the project the last month to two months. As staff noted, Angelo had purchased a tract of land due west and adjacent to the property. A new preliminary plat will be submitted to County this next Monday (Nov. 24th). It will show the new street Azoros Drive coming out on Rte K. Providing that exit, they were hoping they would get away from having to provide the off-site improvements on Old Village Road. The utility companies were not happy having that road improved and obviously the developer would not like to have it improved if they could get away from it.

The tract of land that had been part of this, but sold off with the house would be addressed in a future plat.

He stated they want to get some saleable lots. The rest of the development would change totally from their preliminary plat. The sewer is approximately 90% complete other than the lift station and the street will built within the next week.

Submitting the preliminary is almost starting over submitting it Monday (Nov. 24) and then the next meeting would be into 1998.

Commissioner Abart said they had approved the off-site improvements to Old Village Road. Those still stand with the first preliminary plat until it changes where they could step back and re-review what impact would be held there.

Mr. Yonke stated staff would amend recommendation to say staff recommends approval subject to the off-site improvements being completed or release from those requirements by Public Works.

Chairperson Kirkpatrick asked if Mr. Yonke was then putting the ball in Public Works realm. Commissioner Abart did not have any objections. He asked if he had to wait for the "new" preliminary plat approval before he could place conditions on the off-site improvements? Mr. Yonke said in absence of a new preliminary plat with a new traffic analysis there would not be information upon which to not require the same improvements you already have.

Commissioner Falco made and Commissioner Fugit seconded motion to approve Victoria South Plat 1.

with condition/subject to the previously required off-site improvements or until such time as they be released from that responsibility.

Joe Falco yes Darin Fugit yes

Keith Kirkpatrick yes Mary Sloan yes

Ron Marley yes Mike Morgan yes

Frank Abart yes

Motion was unanimous. 7 yes

 

 

Oberlin Valley Plat 4. S35-T49N-R13W. DDM Investments, Inc. and Daniel Burks, owners.

Curtis E. Basinger, surveyor.

Thad Yonke gave staff report stating that this is a 3 lot subdivision located on the south side of Obermiller Road approximately 100 yards to the west of the intersection of Obermiller Road and Creasy Springs Road. This plat is a major plat and represents a phase of the overall development of Oberlin Valley. The area being proposed for this plat is comprised of lot 30 of Oberlin Valley Plat 2 as recorded in Plat Book 25 Page 25 of the Boone County Records and lot 9 from Oberlin Valley Plat 3 which has been approved by this Commission but has not gone to the County Commission for signature. This area has received tentative approval for vacation contingent upon a successful replat being approved and recorded. The area being subdivided contains 1.94 acres. This property is zoned R-S (Residential Single Family), which is the original 1973 zoning. Water service is provided by Consolidated Public Water District No. 1; there is a 6 inch line on the west side of Oberlin Valley Drive. Sewage for this subdivision is to be handled by a central system located on lot 7 of Oberlin Valley Plat 3. Access to lots 30B and lot 9A of this plat are off Obermiller Road, lot 30A has frontage on Oberlin Valley Drive and Obermiller Road. Obermiller Road is shown on the Major thoroughfare Plan as an arterial and, therefore, the 1/2 Right of Way required to be dedicated as part of the plat process is 50’. The plat as presented does not provide the required 50’ right-of-way on part of lot 30B nor on lot 9A and, therefore, is not in compliance with the County Subdivision Regulations. No traffic analysis was provided, however, our office would support a waiver of its requirement in this case. There is 100 yr. flood plain on lots 30A & 30B. These areas are denoted on the plat. This plat has 67 points on the point rating scale.

Staff recommends approval with a waiver of the traffic analysis subject to the following condition: The plat must be brought into compliance with the County Subdivision Regulations by providing the 50’ 1/2 right-of-way along Obermiller Road and shifting the shown 25’ building line and 20’ utility easement accordingly.

David Drane, 3951 S Oberlin Valley Rd., Columbia and Gene Basinger were present. Mr. Basinger said when Oberlin Valley Plat 2 was platted, which created lot 30, (part of what is being re-divided) the plat itself gave 50’ from the section line. The section line at that time was approximately 11’ south of the center of Obermiller Road. At that time, they were giving approximately 61’ on the east end and approximately 58’ on the west end for right-of-way. Plat 3 the lines were continued down the road and provided 50’ of actual area which was 61’ of right-of-way for Obermiller Road. In the meantime the county came along and built/rebuilt Obermiller Road. At that time, they came to his clients and asked for additional right-of-way off of lot 9, plat 3 which his clients gave them as right-of-way. They only took 33’ which shows on lot 9a. He assumed that was all they needed to get the road in there. They chose to realign the road and now they have come back and are wanting his clients to provide additional right-of-way. The road is there and seems to be fine. He has a problem with it and would like it discussed.

Chairperson Kirkpatrick asked staff if the road designation changed since the original plat, has it always been arterial? Mr. Yonke said he was not sure. The regulations state that at the time of being platted, it is the current center line that the 50’ right-of-way must be measured from. The current center line at the time of being submitted is the one to be considered. The fact that the applicant is replatting is what makes it new consideration and is the reason that the right of way is required. It is essentially the trade off for redeveloping/replatting.

Commissioner Abart said they did do the 33’ because that is all they needed for construction. The subdivision regulations allow for future expansion. He asked if that could be waived by the P&Z Commission since it was in the regulations? Director Shawver said no.

Commissioner Abart said maybe Mr. Basinger should put his concerns in writing and given to the Planning and Building Inspection Director for when the regulations are upgraded, they could be considered his concerns at that time.

Commissioner Falco said it had to comply with county regulations before the commission could approve it. If they want the right-of-way adjusted or amended, or waiver for it, the request needs to come from another body besides P&Z.

Mr. Basinger said plenty of right-of way was given to build the road, the alignment of the road was moved (did not have a problem with it) then the county came to his clients to acquire more right-of-way which was acquired and are back again today for more right-of-way. When does this stop, he had a problem with that.

Chairperson Kirkpatrick said his argument was not without merit, but the bottom line is the commission has to stick to the regulations the same as everyone else does. The developer has chosen to re-plat the land. When it is re-platted it has to come into compliance with the regulations. The only way to approve the re-platting would be to require that the right-of-way be provided. Mr. Basinger did not have a problem with that regulation, he wanted the commission to realize what had taken place.

Commissioner Falco said the only reason of the argument was because of the re-plat request? Mr. Basinger agreed.

Commissioner Marley made and Commissioner Abart seconded motion to approve Oberlin Valley Plat 4. with staff conditions.

Ron Marley yes Frank Abart yes

Keith Kirkpatrick yes Joe Falco yes

Mary Sloan yes Darin Fugit yes

Mike Morgan yes

Motion to approve re-platting was unanimous. 7 yes

 

 

 

 

 

 

Bill Wilson Subdivision. A-R. S5-T51N-R12W. William and Myrna Wilson, owners.

Donald E. Bormann, surveyor.

No one was present to represent Bill Wilson Subdivision. Director Shawver stated staff would answer questions if possible.

Bill Florea gave staff report stating that this property is located about 400 feet west of the Sturgeon city limits on State Route CC. There is an existing home and wastewater system on proposed lot one. The zoning is A-R.

The property accesses directly to Route CC.

Wastewater will continue to be disposed of on-site using the existing lagoon.

Water is provided by Water District 10.

The plat scored 53 on the rating system.

Staff recommends approval of the plat.

Commissioner Miller made and Commissioner Marley seconded motion to approve Bill Wilson Subdivision minor plat.

Mike Morgan yes Ron Marley yes

Joe Falco yes Keith Kirkpatrick yes

Mary Sloan yes Darin Fugit yes

Frank Abart yes.

Motion to approve minor plat was unanimous. 7 yes

 

OLD BUSINESS

Benthall rezoning request - Denied by P & Z and was not appealed.

US Cellular tower extension had been approved by County Commission with conditions of negotiating the fall line of surrounding neighbors.

NEW BUSINESS

ADJOURN

Being no further business the meeting was adjourned at 8:06 p.m

Respectfully submitted,

 

 

Mary Sloan

Secretary

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