BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, May 21, 1998

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

Present: Keith Kirkpatrick, Chairperson Missouri Township

Darin Fugit, Vice-Chairperson Columbia Township

Mary Sloan, Secretary Rocky Fork Township

James Green Cedar Township

Bill Grace Centralia Township

Mike Morgan Bourbon Township

Frank Abart Public Works Director

Absent: Vacant Perche Township

Also present: Stan Shawver, Director Thad Yonke, Staff

Bill Florea, Staff Noel Boyt, Staff

 

Commissioner Abart made and Commissioner Grace seconded a motion to approve the minutes of April 16, 1998, meeting with no corrections.

Motion passed by acclimation.

Chairman read procedural statement.

 

CONDITIONAL USE PERMITS

Request by Ron and Terri McBee on behalf of Linda Murray for a permit for a

family day care facility on 41.9 acres located at 113 Mauller Rd., Columbia.

Bill Florea gave staff report that this property is located at the intersection of Mauller Road and State Highway VV, approximately 3 miles north of Columbia. Access to the property is from Mauller Road. The property is zoned R-S (Single Family Residential), as is property to the north, south and west. Property to the east is zoned A-R (Agriculture Residential). There are two houses on this property as well as some out buildings. The larger house is occupied by the property owner’s son. The second house is currently vacant. The applicant wants to open a "family day care home" in the vacant house. Such a use is normally a permitted use in the R-S district, provided it complies with the requirements of a home occupation. The zoning regulations require that a home occupation may be performed by someone residing on the premises. In this case, the operator will not reside in the home, or on the property. Consequently, the zoning regulations view this situation the same way it would a day care center, thus requiring a conditional use permit. The application indicates that they will only have 10 children in the facility. This property lies within the boundaries of Public Water District No. 7, however, the property is served by a private water service registered with the Public Service Commission. There is an on-site wastewater system serving this house. The property lies within the Columbia Public School district. The master plan designates this area as being suitable for agriculture and rural residential land uses. The proposed use is not inconsistent with the plan. There have been no other requests submitted on behalf of this property. Staff notified 46 property owners concerning this request.

Terri McBee, 16151 Old Hwy. 63 north, Sturgeon, addressed the Commission. She requested a Condition Use Permit for a daycare center at the location of 113 Mauller Road, Columbia, MO. Her daughter-in-law has a degree in early childhood development and works for the Columbia Public Schools and would be overseeing the facility. She had had a daycare in her home for approximately two (2) years.

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

Chairperson Kirkpatrick asked why all 41.9 acres were requested for CUP? Ms. McBee said she did not need to have all the 41 acres, but the house is in the middle of the one tract and it would have to be surveyed to describe a smaller tract of land.

Commissioner Fugit asked if it would be fenced? She said it would have to have a chain link fence around the immediate area. It is fenced for cattle but not for children. The number of children would be limited to 10 children.

Commissioner Green asked if anyone would be living in the house? Ms. McBee said no, the daycare provider lived up the road in her own home. She has been in the daycare business for 18 years and was a personal friend.

Chairperson Kirkpatrick asked if the daycare would fall under state regulations? Director Shawver advised yes.

Commissioner Sloan asked what kind of access was to the facility and adequate parking. Ms. McBee stated there was a gravel drive and parking for 20 spots. They do plan on more gravel and grading. She continued that this property has an old dairy barn. People used to come to purchase milk so there is a large parking area.

Commissioner Morgan asked if it was the old Burnam place. She agreed it was.

Commissioner Green asked if this daycare could be expanded to more than 10 children. Ms. McBee agreed that, yes they could. She added that she would have to add more square footage. Chairperson Kirkpatrick said the CUP could be limited to 10 children. Then if it were to expand, the request would again come before the Commission.

Commissioner Grace asked what hours it would be open. Ms. McBee said early morning until 5:30 - 6:00 and just Monday through Friday, not on weekends. Commissioner Grace asked if children were already signed up to attend. Four of the children would be McBee’s own grandchildren. Other than that she did not know.

Commissioner Green stated that since the state will make the requirements on the facility he moved for approval.

Commissioner Green made and Commissioner Grace seconded a motion to recommend approval of the request by Ron and Terri McBee on behalf of Linda Murray for a permit for a day care facility on 41.9 acres located at 113 Mauller Rd., Columbia.

James Green yes Bill Grace yes

Keith Kirkpatrick yes Mary Sloan yes

Darin Fugit yes Mike Morgan yes

Frank Abart yes

Motion to approve CUP was unanimous. 7 yes

*** After the vote Ms. McBee wanted to add that the state license would allow

10 full time children to care for and allowing 3 part time children. She wanted

to make that clear, because after school additional kids may be there for a couple

of hours. Also that the state did not count family members in the permit license.

 

REZONING REQUESTS

Request by William and Kimberly Martin to rezone from A-2 (Agriculture)

to R-S (Single Family Residential) on 20.4 acres more or less, located at

601 E. Rte. Y, Ashland.

Thad Yonke gave staff report stating that this property is located on State Highway Y approximately 1400 feet east of the Ashland City limits. The property is zoned A-2 (Agriculture), as is all of the property to the north, east and south. Property to the west is zoned R-S (Single Family Residential). The subject tract consists of 20.4 acres of land, but it is part of a larger 35 acre tract of land. The other 15 acres is already zoned R-S. This property is within Consolidated Public Water District No. 1’s service area, however, the city of Ashland currently provides water to the West Side of the tract. The Water District does have a main near the east property line. There is no sewer service available to the tract at this time. The Southern Boone Fire District and School District provide service to the tract. This tract includes a piece previously platted as "Pop’s Place Plat 2" subdivision, which was approved in March. There have been no other requests submitted on behalf of this property. The master plan designates this area as being suitable for residential development. The rezoning is consistent with the master plan. This property has 63 points on the Point Rating Scale. Staff notified 15 property owners as well as the city of Ashland, the Southern Boone Fire Protection District and the School District.

Bill Martin, 9675 S Constien, Columbia and Stephen Heying, Surveyor, with office at 1202 Madison St., Columbia addressed the Commission.

Mr. Heying stated the tract is along state Rte. Y, approximately 1/2 mile east of the Hwy. 63 overpass. The entrance permit off of Rte Y has already been granted by MODOT. Approximately half of the tract is already zoned R-S. Rezoning would make the whole tract the same zoning. The property is gently rolling open pasture with a shallow drainage swale to the middle of the tract. The tract is not within any flood plain district. The new water line from the north at the northeast corner of the tract, was sized and built with this type of use in mind. It is big enough for R-S zoning. The sewer service has been discussed with an engineer and it is feasible to service the whole tract with an on-site treatment plant, collection sewer system that will meet the effluent tributary limits. Boone Electric said they had no problem servicing the area. Mr. Heying said they did not plan to occupy the full density of the zoning. Probably about 2 lots per acre. Chairperson Kirkpatrick said that would be A-R density.

Commissioner Fugit asked if they had a sewer plan? Mr. Heying said they would have to put a treatment plant on the property which would have strict standards set by DNR.

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

Chairperson Kirkpatrick asked how far from Ashland City limits. Mr. Martin said a stone throw, approximately 700’. Mr. Heying said that the property does not touch the city limits. The problems with annexing are first the properties do not touch, 2nd the city of Ashland does not have adequate water on that side of the highway and it would be the seventh (7th) lift station for Ashland. City of Jefferson has seven (7) for the whole city. He thought it would be better to handle their own wastewater treatment. Mr. Heying said they would be in excess by three times the effluent limit that the City of Ashland is submitting.

Commissioner Green asked about water adequacy. Mr. Heying said they had rural water, Water District water available over and above the required level of service. The City of Ashland does not have adequate water service on the east of Hwy. 63.

Commissioner Morgan asked if the waste water services would be deeded over the county to operate? Mr. Martin said that has not been decided yet.

Commissioner Morgan made and Commissioner Green seconded a motion to recommend approval of the request by William and Kimberly Martin to rezone from A-2 (Agriculture) to R-S (Single Family Residential) on 20.4 acres more or less, located at 6601 E. Rte. Y, Ashland

Mike Morgan yes Darin Fugit yes

Bill Grace yes Mary Sloan yes

Keith Kirkpatrick yes

Motion to approve rezoning was unanimous. 7 yes

 

 

PLANNED DEVELOPMENTS

Request by Triple SSS Development, L.L.C. to approve a final development plan

and preliminary plat for Thornbrook Planned Residential Development.

Bill Florea gave staff report stating that the subject property is located approximately 1 1/2 miles south of Columbia on the northwest corner of the intersection of Scott’s Boulevard and State Route KK. The property is currently zoned A-1. The County Commission approved a review plan and proposed rezoning to AR-PRD. With the approval of the final development plan the property will be rezoned to AR-PRD.

The subdivision has been designed to comply with the AR-PRD zoning and will divide the 202 acre tract into 276 lots. All lots are intended for single family residential use except for lots 1, 7, 276 and 277. Lot 1 will contain the subdivision amenities including tennis courts, swimming pool, concession building and parking. Lots 276 and 277 will be common areas to be owned by the homeowners association. Lot seven is being created in order to preserve an existing grave site. Lot 2 may be reserved as additional space for the subdivision amenities.

When common land is being included in a subdivision, the subdivider must create a private trust agreement providing for maintenance and operation of the common area. The trust must also provide for funding for maintenance and operation by means of assessment against lots, which must be secured by assessment liens enforceable by foreclosure. A document titled Declaration of Covenants, Easements and Restrictions of Thornbrook has been submitted. The document meets the requirements outlined above.

Access to the common areas has not been well planned. A note on the plat indicates the developer may intend to access the common area, Lot 276 from Scott’s Boulevard at three points. Staff believes the intent is rather to access lot 277 from three points off Scott’s Boulevard since lot 276 has no frontage on Scott’s. In addition, Lot 1, the proposed location of the tennis courts and pool is located on the south side of Thornbrook Terrace, adjacent to the entrance median. According to the traffic analysis submitted by the developer, the entrance to the subdivision at Thornbrook Terrace will carry up to 1300 average daily trips.

The common areas will be the destination for traffic originating almost exclusively from within the subdivision itself. The traffic will take the form of motor vehicles, bicyclists, pedestrians, skate boards and roller bladders of various ages. Accessing Lot 277 off of an arterial creates a potential safety hazard that warrants serious consideration. The Commission may, in its discretion, require the separation of local traffic by requiring access to the lot by a thirty foot wide paved access road separated from the arterial by a thirty foot planter strip or by requiring double frontage lots.

The access point to Lot 1 may be obscured from view, by the center median, from westbound traffic entering the subdivision from Scott’s Blvd. The location of this access point creates a potential traffic hazard that warrants specific review by a qualified traffic engineer. A revised Final Development Plan will need to filed prior to actual development of the site. The actual point of access for Lot 1 should be identified by the developer and analyzed by a qualified traffic engineer prior to approval of any final development plan for

Lot 1.

In approving the Review Plan, the County Commission required submittal and adherence to the requirements of a traffic study. In addition, the Subdivision Regulations require submittal of an Engineered Traffic Analysis for all subdivisions resulting in more than 100 living units. A traffic analysis prepared by a traffic engineering firm has been submitted and has been signed by, but does not bear the seal of, a Professional Engineer. Public Works has had a consultant, Tom Swenson of TranSystems Corporation, review the traffic analysis and provide a report with recommendations. Those recommendations will be outlined at the end of this report as recommended conditions of approval. Mr. Swenson is present at the meeting tonight to answer any questions the Commissioners may have.

The alignment and projected intersection of Thornbrook Parkway with Route KK does not provide adequate spacing from the intersection with Scott’s Blvd. Two options are available to rectify the situation. One is to realign Thornbrook Parkway to intersect Route KK farther west. The second is to extend Fall Brook Drive to Route KK as a collector street. This latter option would provide a better street spacing relative to Route KK as well as providing some discontinuity to the north/south collector, a desirable trait to a collector street penetrating residential development. The latter option would also allow Thornbrook Parkway south of Thornbrook Terrace to be a lesser street width.

Careful attention should be given to the potential for commercial development on the northwest corner of Scott’s and Route KK and to the impact to access spacing of drives and segregation from the residential areas. If limited commercial development occurs, Plateau Drive might be appropriate to create the segregation between commercial and residential development.

Utility services including sewage disposal, potable water and electricity are to be provided by the City of Columbia. Extensions of such services will be provided at the developer expense. As a condition of receiving City services, the preliminary plat has been reviewed and approved by the City of Columbia.

The proposal scores 53 on the point rating scale.

Staff recommends approval of the preliminary subdivision plat request subject to the following conditions:

1. Prior to approval of the final development plan for Lot 1, the access point to

lot 1 should be identified by the developer and analyzed by a qualified traffic

engineer at the developers expense. The recommendation of the traffic engineer

should be followed subject to the approval of Boone County Public Works.

2. Thornbrook Ridge and Thornbrook Terrace should be built to collector standards.

3. Either realign Thornbrook Parkway or extend Fall Brook Drive to Route KK as a

collector street.

4. Correct the Stopping Sight Distance deficiencies for all access drives onto Scott’s

based upon the 50 MPH designated for Scott’s Blvd.

5. The developer shall make a safety audit for Scott’s Blvd. from Route KK to Vawter

School Road addressing pavement centerline and edge line marking. Developer to

pay the cost for edge markings and the County will pay the cost for the centerline marking.

6. The developer shall make a safety audit to identify physical safety improvements and

any regulatory and warning signs for Scott’s Blvd. between Route KK and Vawter School Road.

7. It is staff’s position that access to Lot 277 should not be allowed from Scott’s Blvd., but rather,

through the internal street network. However, it may by prudent to allow a more thorough

analysis which would include requiring the developer to designate the access points into the

common area Lot 277 and provide an analysis by a qualified traffic engineer. Analysis should

include justification for not providing access to Lot 277 through the internal street network and

the potential safety hazards of the proposed access points.

8. Developer shall commit participation funds, which will improve Scott’s Blvd. to arterial

status along the residential development, towards the eventual improvement of

Scott’s Blvd. from Vawter School Road to Route KK.

Bill Crockett of Crockett Engineering, 1414 Range Line, Columbia and Elvin Sapp, Director of the development. In the audience was Robert Sapp, Marvin Sapp owners; Mr. Craig Holden of Crawford

Bunty and Graymyer who submitted the study of the traffic and will address the Commission later.

Mr. Crockett said he basically concurred with the staff report but wanted to change some of the wording. There was a problem with the traffic study not having engineer’s seals and/or signatures for the report, but he thought it was worked out. He said the plan stood for itself.

# 1 This is a PRD; they have to have approved plans or revised plans for any development other than the single family development. He would like to see the wording "prior to approval of the final plat" to read "prior to the issuance of a building permit for lot 1." He felt that the control was still there. The platting was a mechanism for transferring property. The real control would be on the building permit. The remaining part of the condition was acceptable.

# 2 Thornbrook Ridge and Thornbrook Terrace should be built to collector standards.

Mr. Crockett said the terrain places the ridge between Thornbrook Ridge and Thornbrook Terrace. There would be a lot of cut and fill to place a street to meet the collector’s standard requirements. This would have a minimum radius of 573 feet on the curvature. It would require a fairly straight street. Before, collector standards were to get traffic out of the area as rapid as possible, now we are trying to slow the traffic so it does not proceed as rapidly in a residential area. They would like to propose to leave the alignment as it is shown by the plat, they would increase the pavement thickness to maximum thickness to match that of a collector street, have the grade not to exceed that of a collector street and if necessary to put into their restrictions and/or convenience to restrict parking on at least one side of that street. The normal residential section is 32’ back to back. The 38’ street allows two (2) seven (7) ft parking lanes and 24’ of driving surface or two (2) 12’ lanes. If parking was eliminated on one side of a 32’ it would leave 25’ for two lanes of traffic. They would rather see that than to be forced to build a collector street. The standards are that a collector street be built at certain intervals between arterioles. One arterial street is Rte KK and the northern arterial is Vawter School Road and somewhere in between should be another primary collector. Once Thornbrook Parkway is reached the terrain changes and they could have a collector street on west to Howard Orchard Road.

The first 200’ or 300’ as it exits from Scott’s Blvd. is a divided pavement with an island in the middle. Each one of the lanes are proposed to be 24’ at the western side of Scott’s Blvd., which would give them two lanes of traffic as progressed westward uniting back to a single pavement.

Thornbrook Terrace is a similar condition. They propose the alignment be kept, thickness be increased, curvature of the street is not a concern. This street is approximately 1,000 ft long, and would serve as the initial entrance into the subdivision. The first 400’-450’ of the entry way is a divided entrance of 24’ of pavement on each lane on the West Side of Scott’s Blvd. They ask that they be treated the same and utilized the same.

#3 Either realign Thornbrook Parkway or extend Fall Brook Drive to Route KK as a

collector street.

The condition as worded is fully acceptable. Do not tie both conditions to them. Okay to relocate 1100’ west of Scott’s Blvd. There is a plateau in the roadway that allows for 400 - 500 ft of site distance in either direction. To use Fall Brook Drive they had projected it to Rte KK and about 3000 ft west of Scott’s Blvd.

#4 Correct the Stopping Sight Distance deficiencies for all access drives onto Scott’s

based upon the 50 MPH designated for Scott’s Blvd.

They had full intentions in pursuing the stopping sight distance, so the condition is fully acceptable.

# 5 The developer shall make a safety audit for Scott’s Blvd. from Route KK to Vawter

School Road addressing pavement centerline and edge line marking. Developer to

pay the cost for edge markings and the County will pay the cost for the centerline marking.

Mr. Crockett did not understand the condition. Why have an audit study when they already know what they will do.

# 6 The developer shall make a safety audit to identify physical safety improvements and

any regulatory and warning signs for Scott’s Blvd. between Route KK and Vawter School Road.

They accept that responsibility. If signs are provided maybe the county could install them. That detail could be worked out between the developer and the Public Works Dept.

# 7. It is staff’s position that access to Lot 277 should not be allowed from Scott’s Blvd., but rather,

through the internal street network. However, it may by prudent to allow a more thorough

analysis which would include requiring the developer to designate the access points into the

common area Lot 277 and provide an analysis by a qualified traffic engineer. Analysis should

include justification for not providing access to Lot 277 through the internal street network and

the potential safety hazards of the proposed access points.

Mr. Crockett said they were in a position to change the wording to one access point from Scott’s Blvd. The exact use of the common area has not been determined. They will maintain the property as an amenity to the development and when feasible it would become part of the common area and be turned over to the Home Owner Association. Some residents may drive to the site but we do not want them parking in front of the houses. Where the drive will be located would need not create any type of a traffic problem.

# 8. Developer shall commit participation funds, which will improve Scott’s Blvd. to arterial

status along the residential development, towards the eventual improvement of

Scott’s Blvd. from Vawter School Road to Route KK.

They would like to see things done along that same area. The would like to see improvement along Thornbrook Terrace. The would like to improve the entrance along Scott’s Blvd. The developer desires to provide the grading to widen a 1/2 road width according to the appropriate design. After talking with the Planning staff they are anticipating looking at 24’ wide pavement with 10’ shoulders on each sides. Assuming that is the case, they would widen the road to provide 12’ of driving surface on the half road and add the shoulder.

He made a statement - the developer shall commit construction surfaces for the grading related to the widening to the west half of Scott’s Blvd. to arterial status along the residential development, which consists of approximately 3,000 ft. They do not anticipate a 2nd entrance into the subdivision for a couple of years.

Mr. Crockett stated there were two issues this evening. One being approval of the final plan of the A-R / PRD and the 2nd approval would be the preliminary plat which is a platting issue. The final plans for the PRD development and a preliminary plat have similar requirements. When in a subdivision like this, they should be run together.

Greg Holden, with Crawford, Bundy and Braymyer located in, St. Louis, came forward to address the Commission. He has a masters in Urban Planning and a masters in Transportation Engineering.

Mr. Holden came forward and presented a sealed copy of the study and apologized that it had been left off. It was identical to the copy previously submitted. The impact study projected the anticipated number of trips

that would be generated by this development. They used the trips generated guide @ 2,600 daily trips. They figured the trips for Scott’s Blvd. was very light, then applied the projected trips to that. Capacity on Scott’s Blvd. is not an issue in this case, the two lane road-way has a large amount of capacity. After the capacity audit, they found that all intersections would operate at level of service "C" or better. Level of service runs from A-F with A being best and F meaning failure. "C" is typically used in a rural area and was rated that at the intersection of Vawter School Road all other intersections operated at level "B" or "A".

Capacity was then not an issue. Site distance was looked at and at the existing speed of 35 m.p.h. noted close to a deficiency for the proposed north entrance. Then looking at the 55 m.p.h. site distance requirements, it was determined that the entrance would have to be lowered to have sufficient site distance.

The other recommendation was regarding interior roadway system and the collector status. They found that communities are reevaluating what is a collector status regarding width, radius because traffic is a common issue and residents are wanting to slow traffic down. The roads in question are caring a limited number of volume for the subdivision for a maximum of 1300 trips for either Thornbrook Terrace or Thornnbook Ridge which is a relatively low number. Their suggestion was to have a 32’ roadway and it remain with its current road configuration.

They looked at the site distance for the proposed access to outlet off Scott’s Blvd. and noted it would be deficient and would be corrected to allow that access. This closed their presentation.

Chairperson Kirkpatrick stated this was not to be a public hearing but since there were several people in the audience he opened it to public comment.

Director Shawver stated that the regulations are not clear to open to the public or not but his office did send out notices regarding the meeting to the surrounding property owners.

Commissioner Green asked who would enforce the restricted parking, city or county? Mr. Crockett said it would depend on the regulatory policing agent at the time. One way would be to incorporate into the subdivision covenants and could be enforced by the home owners association that could be touchy because it would be on a public right-of-way. If the county commission passes a court order indicating that parking is restricted to one side only then it would be the Boone County Sheriff’s Department’s and if accepted it could be the City Police Department.

Chairperson Kirkpatrick said he would proceed as if it were a public hearing.

No one spoke in favor or opposition to the request. Public hearing closed.

Chairperson Kirkpatrick asked staff, if the wording that Mr. Crockett suggested for the first condition read "prior to the issuance of a building permit for lot 1," what effect that would have.

Director Shawver said that issuance of a building permit is a zoning matter and not subject to the Subdivision Regulations. Applications for a building permit are reviewed in light of the zoning regulations and building code. If there is no problem, the permit must be issued. The subdivision regulations do not provide a mechanism to regulate building permits.

Mr. Crockett asked if they would have to have a revised PRD plan for Lot 1 before any building permit would be issued? Director Shawver said Lot 1 could be removed from consideration at this meeting. Mr. Crockett said then the same would apply to Lot 277.

Mr. Crockett said that in light of this information, the amount of amenities that are proposed for lot 1 and may lap over on to lot 2, they must have a plan for their own ability to lay it out and make it function properly. He had no opposition in rephrasing it where lot 1 would require a final plan. He did not want to delay the whole operation because of lot 1.

Commissioner Abart said he did not need to address Condition # 1 but he did want to address others points.

As far as the engineer’s seal, he was glad that was straightened out. In their case to review the traffic report in seven (7) days; get it to a consultant in Kansas City and get it back in time for the meeting was difficult. Commissioner Abart had a faxed copy received just today.

Item # 2 Regarding the Collectors standards - he agreed with the comment earlier that all kind of requirements could be placed and all the signs you want, but enforcement is a whole different field. Without further review he would have to stick with the recommendation that we stick with a collector street. Mr. Crockett asked if the alignment could change or was he in total agreement. Commissioner Abart agreed with the report.

Item # 5 The audit was to develop a plan, if it would be passing lane and things like that.


Item # 6 Warning sings - that would develop future needs as the impact of the development becomes apparent. They had not anticipated the developer paying for the items, they want the developer to pay for the safety audit so that Public Works would be able to plan on the future needs of the area. Mr. Crockett said with that in mind, they did not have any opposition to working with that.

Item #7 As far as the 24’ foot wide, 10 foot shoulders, he had not had time to discuss it with anyone to see if that would be required. He thought that an arterial road had concrete curb and gutter. There was some discussion with staff that Public Works would pay half and developer pay half but things have happened so fast he was not sure what would happen. Mr. Crockett stated they were concerned about time frame.

Mr. Crockett stated they did not want the county to put hard surface on the road by the water tower one day and they would come back by and take it out. He would like for construction to be coordinated between the developer and the County.

Access on lot 277 - Commissioner Abart when they first started to look at it they did not have a lot of objection, but there will be a lot of traffic generated. There is only one way to get to this is by Scott Blvd. and that did seem a concern. This would be access for vehicles, bicycles, and pedestrians, there should be access internally to try and reduce traffic. Mr. Crockett said there was provision of foot traffic coming from the north onto lot 276, the sewer easement goes right through the center of it.

Mr. Crockett asked what difference would it make if they came off Scott’s Blvd. for public access or off Thornbrook Terrace or any other street that would also be a public roadway? Commissioner Grace said it depended if he lived south of Scott’s Blvd. or not. Chairperson Kirkpatrick asked if Commissioner Grace was looking at it as a safety concern. Commissioner Grace said yes. Mr. Crockett said as long as it is not a dangerous situation, meets all traffic requirements and site distance it should not be a problem. He said eventually the two entrance lanes would have turning lanes.

Mr. Crockett said that both of the entrances would have a turning lane provided in addition to the through lane at the intersections. The traffic analysis said the lane should be 50 ft long., he and the owner were saying the lanes would be "multiple times that. Maybe as much as two or three times that length for that turning lane."

Commissioner Abart stated he would not object to one entrance as long as it would have the adequate sight distance. Chairperson Kirkpatrick asked if it should be shown on the Final Development plan, "nothing was shown on it at all now".

Mr. Crockett said the existing entrance was shown on the plan, existing culvert was in the same general area. Mr. Crockett said he would put it on the plan. Chairperson Kirkpatrick asked staff if that was ok? Director Shawver said that would be all right.

Commissioner Grace asked when this "subdivision" is built who would own lots 1 and 277? Mr. Crockett said eventually the Home Owners Association would care, maintain and own the property when they are able to take care of the lots.

Commissioner Grace asked how large the lake was? Mr. Crockett said the tract including the lake is about 10 acres.

Commissioner Abart wanted to make another clarification about item # 8

# 8. Developer shall commit participation funds, which will improve

Scott’s Blvd. to arterial status along the residential development.

It was his impression that they would sit down and develop what ever it would cost to develop that road to an arterial status and somewhere along the line send Public Works a check and escrow for half of the cost. He continued that he did not have any authority to do that without Commission approval, but they would do the grading work but not to participate in any of the pavement work. He asked if this was what the owner had in mind. Mr. Crockett said what they intended to do was to extend and widen the roadway to create a road bed at least equal to half of that required for an arterial street. (Not the paved surface or anything else) Normal arterial is 24’ (two 12’ lanes) with shoulders. Commissioner Abart said 10’ shoulders with no paving, Crockett agreed.

Commissioner Grace thought when they approved the subdivision if the traffic analysis required any additional work to be done on Scott’s Blvd. that would be taken care of by the developer. Mr. Crockett said the whole catch was that the traffic analysis had not said that Scott’s Blvd. needed to be improved. Crockett’s agreement was covered and confirmed by both traffic analysis. This is an addition Mr. Crockett advised.

Commissioner Sloan asked if the speed in the subdivision could be restricted. Mr. Sapp said it could be restricted but when on a wide street you will drive faster.

Mr. Crockett said that when Scott’s Blvd. is paved the speed will be 10 m.p.h. faster than last year, at least. Mr. Crockett told Commissioner Sloan it would be an enforcement issue regarding restricting the speed

Mr. Crockett said the only places they would be paving the shoulders would be at their intersections and would expand those to handle the traffic.

Commissioner Abart made and Commissioner Fugit seconded a motion to approve request by Triple SSS Development, L.L.C. to approve a final development plan excluding lot 1 and lot 2 for Thornbrook Planned Residential Development.

Frank Abart yes Darin Fugit yes

Jim Green yes Mike Morgan yes

Keith Kirkpatrick yes Mary Sloan yes

Bill Grace yes

Motion to approve excluding lot 1 and lot 2. was unanimous. 7 yes

 

Commissioner Abart made and Commissioner Grace seconded a motion to approve the request by Triple SSS Development, L.L.C. to approve preliminary plat of Thornbrook Planned Residential Development all of the staff recommendations amending item #7

#7 be amended to show (allow) one entrance into lot 277 so long as it meets sight

distance criteria and have the correct design speed approved by Public Works and

chairman not sign plat until approval is granted.

Frank Abart yes Jim Green yes

Keith Kirkpatrick yes Mary Sloan yes

Bill Grace yes Darin Fugit yes

Mike Morgan yes

Motion to approve was unanimous. 7 yes

 

 

Request by Henry J. Waters to approve a review plan for Turkey Creek Estates,

a two lot Planned Residential Development located at 5200 E. Deer Park Rd., Columbia.

Thad Yonke gave staff report stating that this two lot Planned Residential Development is located on Deer Park Road about 3/4 of a mile southwest of the intersection of Deer Park Road and Highway 63. The site is located approximately 4 & 1/2 miles south of the municipal limits of the City of Columbia. The PRD is on 30.31 acres out of a parent 80 acre tract. The zoning of the PRD site is A-1 as is all the surrounding property. These are the original 1973 zonings. Some of the property that adjoins the parent parcel to the east was rezoned from A-1 to A-2 in two phases in 1976 & 1977. This rezoning does adjoin the parent parcel but not the portion included in this PRD. There have been no previous requests submitted on behalf of this property. There is an existing house on the remaining portion of the parent tract. The area contained within the PRD is currently undeveloped. The applicant has proposed this PRD in order to allow a 5 acre lot to be developed for his daughter, since the zoning of the site is A-1 a 10 acre lot would be required if the site is not part of a PRD. The entire PRD shows 2 lots, the 5 acre development area Lot 1 and the remainder, which is Lot 2. The maximum overall density for this PRD is 3 units. It is intended that one Development Lot be designated now with the opportunity to designate 2 possible additional Development Lots at a later time by submitting a revised plan. A subdivision plat will be required to actually create the lot for transfer, however, this PRD is the necessary first step in the process to create the lot. There is 100 year floodplain located on Lot 1 in the Development Area and this should be added to the plan it will be required to be indicated and included on the subdivision plat. Essentially, 5 acres of Lot 2 is encumbered by the density required for Lot 1. The site is in the Columbia School District and the Southern Boone County Fire Protection District. Water service is provided by Consolidated Public Water Service District #1 which has a 2" line on the north side of Deer Park Road. The Master Plan designates this area as suitable for agricultural and rural residential land uses, as an A-1 PRD this proposal is consistent with the Master Plan. The property has 18 points on the point rating scale. Staff notified 17 property owners concerning this request.

Bill Crockett of Crockett Engineering, 1414 Range Line, Columbia and Henry Waters, P O Box 798, Columbia addressed the Commission. In the audience was Mary Waters prospective buyer of lot 1.

Mr. Crockett said that staff report was in order. He believed the plan was straight forward. Mr. Waters owns approximately 70 acres. His home is on the other side of Turkey Creek and this property fronts on Deer Park Road. Mary Waters intention is to build her home on five acres, but not to encumber the full 10 acres of the property owned by her father. The only way to accomplish this is by PRD.

With the possibility of other family desiring to live in this area, this was created to possibly have three (3) home sites. At the request of the electric company and requirement of Subdivision Ordinance they have given both right-of-ways on the north along Deer Park Road The area is very natural, overlooks Turkey Creek and a serene atmosphere. He felt this was one of the prime intents why the PRD was incorporated into the regulations.

 

Henry Waters spoke up and said Mr. Crockett had expressed their intentions.

Chairman Kirkpatrick said the last item on the agenda had been open to public hearing and was going to offer the same to this item. Open to public hearing. No one spoke in favor or opposition to the request.

Closed to public hearing.

Commissioner Morgan made and Commissioner Fugit seconded a motion to approve request by Henry J. Waters to approve a review plan for Turkey Creek Estates, a two lot Planned Residential Development located at 5200 E. Deer Park Rd., Columbia.

Mike Morgan yes Darin Fugit yes

Keith Kirkpatrick yes Mary Sloan yes

Bill Grace yes Jim Green yes

Frank Abart yes

Motion to approve was unanimous. 7 yes

 

 

PLAT REVIEWS

Kraner Place. A-2. S15-T50N-R13W. Keith and Mary Kraner, owners.

Brian Dollar, surveyor.

Bill Florea gave staff report stating that the subject property is located at the northeast corner of the intersection of Old Number 7 Road and Willis Road, approximately 3/4 mile south of State Highway 124. There is an existing house and shed on Lot 1.

The one lot subdivision has road frontage on and access to Willis Road and Old Number 7 Road. Therefore, no new roads are being created. The applicant has requested a waiver of the requirement to provide a traffic analysis. Right of way is being dedicated along both road frontages sufficient to provide a 33 foot half-width right of way.

Wastewater will be disposed of by using the existing lagoon. The location of the lagoon meets all current setback requirements.

Potable water service is provided by Water District Number 7.

The project scores 13 points on the Rating System.

Staff recommends approval of the subdivision and waiver request.

Brian Dollar, surveyor said that Dr. Pringer is selling his farm and retaining this house and five (5) acres and he recommended approval. Chairman Kirkpatrick asked staff if they had the plat. Bill Florea said no he did not have the plat.

Commissioner Fugit made and Commissioner Grace seconded motion to approve request for Kraner Place.

A-2. S15-T50N-R13W. Keith and Mary Kraner, owners.

Darin Fugit yes Jim Green yes

Keith Kirkpatrick yes Mary Sloan yes

Bill Grace yes Mike Morgan yes

Frank Abart yes

Motion to approve plat was approved unanimously. 7 yes

 

Summerset Acres. A-R. S2-T49N-R13W. Robert and Tammy Browning, owners.

Brian Dollar, surveyor.

Bill Florea gave staff report stating that this property is located between Botner Road and Worstell Lane just west of Route VV, approximately five miles north of Columbia.

Lot 1 has direct access to Botner Road. Lots 2 and 3 have direct access to Worstell Lane. Therefore, no new roads are being created by this plat. Right of way sufficient to provide a 33 foot half-width right of way on both road frontages will dedicated on the plat. The applicant has requested a waiver of the requirement to provide a traffic analysis.

Wastewater disposal will be disposed of on-site. A plan has been submitted showing proposed locations for onsite wastewater disposal systems that comply with the lagoon setback requirements. The applicant has requested a waiver from the requirement to provide a cost benefit analysis of central vs. on site sewage disposal.

Potable water service is provided by Water District Number 7.

The proposal scores 36 points on the rating system.

Staff recommends approval of the subdivision and waiver requests.

Brian Dollar, surveyor was present for questions.

Commissioner Grace and Commissioner Fugit seconded a motion to approve Summerset Acres Minor Plat.

 

Commissioner Abart asked the motion to be amended to include waiver requests of cost benefit analysis

 

Commissioner Grace so amended and Commissioner Fugit second motion to approve Summerset Acres Minor Plat and waiver request of the cost benefit analyses.

Bill Grace yes Darin Fugit yes

Keith Kirkpatrick yes Mary Sloan yes

Jim Green yes Mike Morgan yes

Frank Abart yes

Motion to approve was unanimous. 7 yes

Murry Estates. A-2. S23-T48N-R14W. Otsie and Ramona Murray, owners.

Bill R. Crockett, surveyor.

Bill Florea gave staff report stating that this five lot minor plat is located on Route UU just east of the intersection of UU and Route O, approximately three miles west of Columbia. There is an existing mobile home on proposed Lot 2 and an existing home, barn and shed on proposed Lot 5.

Lots 1 and 2 have direct access to Route UU. Lots 3 and 4 will have access to Route UU by a private ingress/egress and utility easement. Lot five has direct access to Jakes Bluff Drive through T&J Estates Subdivision, which is west of and adjacent to the subject property.

Wastewater will be disposed of on each individual lot. There are existing lagoons on Lots 2 and 9. The limits of on-site wastewater facilities are shown on each lot within the plat. The applicant has submitted a request to waive the requirement to provide a cost benefit analysis of central vs. on-site sewage disposal.

Potable water service will be provided by Consolidated Public Water District Number 1. There is an existing six inch main across Lots 1 & 2. The main will have to be extended by the developer. Fire hydrants will be required at locations meeting the approval of the Boone County Fire District and the Water District..

The proposal scored 49 points on the rating system

Staff recommends approval of the subdivision and waiver requests.

 

Bill Crockett and Otsie Murray were present to answer any questions.

Commissioner Kirkpatrick asked how large was the lake? Mr. Murray advised just under two (2) acres.

Commissioner Morgan asked where the road easement was for the existing house on lot 5? Mr. Crockett stated it was directly adjacent to Jake’s Bluff Drive.

 

Commissioner Fugit made and Commissioner Sloan seconded a motion to approve Murry Estates along with granting of the waiver requests.

Darin Fugit yes Mary Sloan yes

Frank Abart yes Mike Morgan yes

Jim Green yes Bill Grace yes

Keith Kirkpatrick yes

Motion to approve was unanimous. 7 yes

 

Valley Creek Plat 8 PRD, Lot 74. S3-T48N-R12W. Alan Lynch Construction Co.,

owner. James V. Patchett, surveyor.

Mr. Yonke said that James V. Patchett, surveyor had called in earlier and said he would be unable to attend. He felt that this is like the other plats before the Commission before where it was not as crucial to attend.

Thad Yonke gave staff report stating that this two lot re-plat is a proposal to split the original parent lot, lot 74, 1st platted as a lot in Valley Creek Subdivision Plat 8, recorded in plat book 31 page 31 of the Boone County Records. Additionally, this lot is contained within the area designated on the approved final plan for Valley Creek PRD. Lot 74 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 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.

Again. no one was present for this item.

Commissioner Abart made and Commissioner Fugit second motion to approve Valley Creek Plat 8 PRD, Lot 74. along with granting the waiver for traffic analysis.

Frank Abart yes Darin Fugit yes

Keith Kirkpatrick yes Mary Sloan yes

Bill Grace yes Jim Green yes

Mike Morgan yes

Motion to approve was unanimous. 7 yes

 

Fall Creek. A-2. S15-T49N-R12W. The Sayre Family Trust, owner.

Nathan D. Lacy, surveyor.

Thad Yonke gave staff report stating that this ten lot plat is located on the south side of State Highway HH across from Lake Capri Subdivision. The site is approximately 1/2 mile west of the intersection of Highway HH and Rodgers Road. The site is 1/2 mile north of the municipal limits of the City of Columbia. The area being subdivided contains 28 acres. This property is zoned A-2, (agriculture) as is all the surrounding zoning These are the original 1973 zonings. Water service will be provided by Water District #4. There is currently a 4" waterline on the north side of Highway HH up to the site, which can only provide 200 gpm. Plans do exist to run a 10" waterline on the south side of Highway HH in the near future that should provide required flows. Sewage treatment is proposed to be from a central system. The proposed system is a sand filter collector treatment system with S.T.E.P. collection systems for each property. The BCRSD indicates that they have no experience with the sand filter collector systems and are interested to see how the proposed system might function and may be willing to take the system for operation & maintenance. The wastewater system location is located on Lot 4A. Joint Communications will need to approve the road name Fall Creek Drive and we have not heard from them on this issue at this point in time. A waiver of the traffic analysis is being requested. The planning staff concurs with the request, however, we defer to the public works department, as it is their area of expertise. This plat has 76 points on the point rating scale.

Staff recommends approval with the granting of a waiver of traffic analysis and with a condition that the road name be acceptable with JCIC.

Commissioner Abart stated he did not have any objection to granting of the traffic analysis.

Chairman Kirkpatrick said he had one comment about the plat. Looking at the lot 4A, it was no longer needed to be a designated wastewater treatment plant. It was only 7,000 sq. ft., which is considerably less than the lot size in A-2 for development, and he would like to it designated on the plat "not for development."

Mr. Yonke said he had talked to Chad Sayer about that and that was his intent, he did not know how to note that on the plat. Chairman Kirkpatrick said since there was no plat present to even sign.

Commissioner Morgan had a questions about the PE GAL. was 75. Was it right being 75 gallons?

Comments had not been received from the Boone County Sewer District, Mr. Yonke advised.

Commissioner Grace made and Commissioner Abart seconded a motion to table Fall Creek Plat until the June 18, 1998 meeting.

Bill Grace yes Frank Abart yes

Mike Morgan yes Darin Fugit yes

Jim Green yes Mary Sloan yes

Keith Kirkpatrick yes

Motion to table request until June 18th, was unanimous. 7 yes

 

Casey Creek Subdivision. A-2. S22-T46N-R12W. Stephen B. and

Gerri A. Jeffery. Curtis E. Basinger, surveyor.

Thad Yonke gave staff report stating that this one lot plat is located on the north side of Bullard Road about a 1/2 mile west of the intersection of Old Highway 63 South and Bullard Road. The site is approximately 1 mile south of the municipal limits of the City of Ashland. The area being subdivided contains 3.23 acres. This property is zoned A-2 (agriculture) as is all the surrounding property, these are the original 1973 zonings. The Site is within the service area of Consolidated Public Water Service District #1, however, the district has indicated that they have no lines in the area and, therefore, it is unclear as to how water service is to be provided to this subdivision. Sewage treatment will be on-site. The area shown on the plat for on-site sewage has been shown as that for a septic system. The subdivision regulations require that if proposed on-site sewage treatment system includes septic tank/absorption systems the plans must include alternative locations of soil absorption fields for each lot and the results of a percolation test demonstrating feasibility of proposed absorption system. We have not received this information. The owner has requested a waiver of the requirement for traffic analysis and cost benefit analysis for sewage treatment. An administrative survey has been submitted on the remaining portion of the parent tract in order to bring it into compliance with the subdivision regulations. This plat has 64 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 subject to the following condition:

The appropriate supporting documentation for the on-site sewage treatment be provided

or the plat be amended to show the appropriate on-site areas for wastewater treatment.

Gene Basinger 300 St. James St., Columbia, addressed the Commission. The existing house is served by a deep well and the sewer is served by an onsite waste water septic system with laterals.

Discussion followed regarding supporting documentation for the on-site sewage treatment being septic and or lagoon.

Commissioner Abart made and Commissioner Morgan seconded motion to approve Casey Creek Subdivision with staff recommendations and waiver. Chairman not to sign plat until property documentation is completed.

Frank Abart yes Mike Morgan yes

Keith Kirkpatrick yes Mary Sloan yes

Bill Grace yes Jim Green yes

Darin Fugit yes

Motion to approve was unanimous. 7 yes

 

 

Wilson Subdivision. A-2. S7-T46N-R12W. Don P. and Viclie L. Wilson, owners.

Curtis E. Basinger, surveyor.

Bill Florea gave staff report stating that this three lot minor plat is located on Leo Smith Road, off Route MM about 3 miles west of Ashland. There is an existing house garage and lagoon on proposed lot 2.

All of the lots will have direct access to Leo Smith Road, therefore, no new roads are being created. Right of way, sufficient to provide 33 foot half width right of way will be dedicated by the plat. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

Wastewater is proposed to be disposed of on each individual lot. A plat identifies area on each lot for the location of a septic tank/absorption field wastewater systems. Where such systems are proposed, the subdivision regulations require submittal of percolation test results, which indicate such systems are feasible. This information has not been submitted. The applicant has submitted a request to waive the requirement to provide a cost benefit analysis of central vs. on-site sewage disposal.

Potable water is provided by Consolidated Public Water District Number 1. There is a six inch waterline along the north side of the road across from lots 1&2.

The proposal scored 48 points on the rating system.

Staff recommends approval of the plat and variance requests subject to the following condition:

The appropriate supporting documentation for the proposed on site sewage system

shall be submitted or amend the plat to show the setback requirements for lagoons.

Gene Basinger 300 St. James St., Columbia, addressed the Commission. Discussion followed regarding supporting documentation for the on-site sewage treatment being septic and or lagoon.

 

 

 

 

Commissioner Abart made and Commissioner Fugit seconded motion to approve Wilson Subdivision with staff recommendations and waiver. Chairman not to sign plat until property documentation is completed.

Frank Abart yes Darin Fugit yes

Keith Kirkpatrick yes Mary Sloan yes

Bill Grace yes Jim Green yes

Mike Morgan yes

Motion to approve was unanimous. 7 yes

 

 

Oberlin Valley Plat 4. R-S. S35-T49N-R13W. DDM Investments, Inc. and

Daniel M. Burks, owners. Curtis E. Basinger, surveyor.

Thad Yonke gave staff report stating that. this is a 2 lot re-plat 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. This area has received tentative approval for vacation contingent upon a successful re-plat being approved and recorded. In November of 1997 a three lot re-plat encompassing the land in this current submittal and Lot 9 of the unrecorded Oberlin Valley Plat 3 was conditionally approved by this commission as Oberlin Valley Plat 4. The condition centered on the providing of required right-of-way which predominantly affected said Lot 9. A variance from the requirement to provide the required right-of-way was sought from the Board of Adjustments. The variance request was denied. This resubmittal of the plat does not contain most of the area affected by the right-of-way issue. The current proposal being subdivided contains 1.50 acres. The 20’ utility easement and the 25’ building line shown on the east side of Lot 30B needs to be altered to parallel the front lot line. 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 lot 30B is off Obermiller Road, lot 30A has frontage on Oberlin Valley Drive and Obermiller Road. 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 utility easement and building line on Lot 30B be changed to follow the change in

direction of the front property line.

Gene Basinger 300 St. James St., Columbia, addressed the Commission. Discussion followed regarding supporting documentation for the on-site sewage treatment being septic and or lagoon.

Commissioner Abart made and Commissioner Fugit seconded motion to approve Oberlin Valley Plat 4with staff recommendations and waiver. Chairman not to sign plat until property documentation is completed.

 

 

 

Frank Abart yes Darin Fugit yes

Mike Morgan yes Jim Green yes

Bill Grace yes Mary Sloan yes

Keith Kirkpatrick yes

Motion to approve was unanimous. 7 yes

 

OLD BUSINESS

 

P & Z recommendation to approve.

and was not appealed to the County Commission.

and it was appealed. County Commission supported P & Z recommendation

and denied the request.

 

NEW BUSINESS

A tentative date of June 3, 1998 was planned to meet with City of Columbia Planning and Zoning Commission.

 

ADJOURN

Being no further business the meeting was adjourned at 10:28 p.m.

Respectfully submitted,

 

 

 

 

Mary Sloan

Secretary

 

Minutes approved on this 18th day of June, 1998.