BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, June 18, 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

Bill Florea, Staff

Noel Boyt, Staff

Commissioner Abart made and Commissioner Fugit seconded a motion to approve the minutes of May 21, 1998 meeting with no corrections.

Motion passed by acclimation.

Chairman read procedural statement.

CONDITIONAL USE PERMITS

None submitted.

 

 

 

REZONING REQUESTS

1. Request by W. B. Smith et al, on behalf of Martin Smith to rezone

from R-S (Single Family Residential) of 6.65 acres and from A-1

(Agriculture) of .52 acres to C-GP (Planned Commercial) and to

approve a review plan for "Route K Storage Planned Commercial

Development" located at 5720 S Rte K, Columbia.

Chairman Kirkpatrick advised that the representative for the Smith rezoning was attending a City meeting and would come as soon as possible. Smith request moved to end of the agenda.

 

 

 

 

2. Request by Heartland Council of Campfire, Inc. to rezone from A-R

(Agriculture Residential) to REC (Recreation) of 50 acres, more or less,

located at 6000 N O’Neal Road.

Director Shawver gave staff report stating that this property is located 3 miles north of Columbia on O’Neal Road. This tract and all of the surrounding land are zoned A-R (Agriculture Residential). The Heartland Council of Campfire, Inc owns this property. The Campfire organization has owned part of this property since 1961, acquiring the other part in 1968. Since that time, they have operated a legal non-conforming recreation facility on this site. As a non-conforming use, expansion is restricted, requiring that the property be rezoned so that new construction can take place. This property is within the Columbia public school district. Water service in the area is provided by Public Water District No. 7. It should be noted that water service and fire flow needs will be evaluated at the time new construction takes place. Boone Electric provides electric service. There is some floodplain near the northwest corner of the property along O’Neal Road. However, this should cause no problems as recreational facilities are located well east of this area. The A-R zoning is the original zoning for this tract. There have been no previous requests submitted on behalf of this property. The master plan designates this area as being suitable for residential land uses. The proposed rezoning is consistent with the master plan. This site has 26 points on the Point Rating Scale. Staff notified 35 property owners concerning this request.

Wanda Hoffman, 1451 Bottner Road, Columbia, Field Director for Campfire Girls and Boys in this area addressed the Commission. At this time the Campfire Council did not have any specific plans for construction. Generally, they wished to build some cabins to supplement the existing lodge. The cabins would sleep 6 to 8 people. The property had to be rezoned to put any structures on site. She had a letter from the Water District stating water lines would be coming in, there is a fire hydrant two (2) miles from camp. Water is already on site. She spoke to Ken Heins, Fire Protection and knew they would have to have approval of the Fire District.

Commissioner Sloan asked if the structures would be enclosed. Ms. Hoffman said that at this time they will be enclosed, approximately 10’ x 12’ cabins, possibly elevated on piers. May be a total of three (3) units.

Open to public hearing.

Jim Brush, 2508 Highland Drive, Columbia came forward as a resident to address the Commission. He said he would support the request. He had been involved with the organization, had been on the board and also worked with scout groups. He said the camp provides a useful and beneficial service to the community. He said if it was approved, it would add a facet to the program. He urged the commission to approve the rezoning.

Glenn Pickett, 6800 N O’Neal Road, Columbia came forward and asked the Commission to consider the wastewater facility required at that site. His property is approximately 1/4 mile away and it is very rocky.

Chairman asked if anyone was in opposition.

Kathleen Metter, 6951 N O’Neal Road, Columbia asked the Commission what REC zoning included.

She asked if the rezoning was approved and more structures were added, could they put in a gun range on the facility at any time and/or if the property ever was sold? She was concerned that the traffic on the gravel may increase.

Chairman Kirkpatrick read from the Zoning Ordinance permitted uses and conditional uses listed under the REC category in the zoning regulations.

No one else came forward. Closed public hearing.

Wanda Hoffman came back to address the concerns. She said the wastewater was port-a-potty and no showers on site. The camp would just continue as it is.

Chairman Kirkpatrick asked staff if any wastewater treatment facility was installed who would approve? Director Shawver advised it would be Department of Health or Department of Natural Resources.

Commissioner Green made and Commissioner Morgan seconded the motion to approve the request by Heartland Council of Campfire, Inc. to rezone from A-R (Agriculture Residential) to REC (Recreation) of 50 acres, more or less, located at 6000 N O’Neal Road

Jim Green yes Mike Morgan yes

Keith Kirkpatrick yes Darin Fugit yes

Bill Grace yes Mary Sloan yes

Frank Abart yes

Motion to approve rezoning was unanimous. 7 yes

 

PLANNED DEVELOPMENTS

NONE SUBMITTED

 

PLAT REVIEWS

1. Valley Creek Plat 8 PRD, Lot 77. S3-T48N-R12W.

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

 

Bill Florea gave staff report stating that this two lot re-plat is a proposal to split the original parent lot. Lot 77 first 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 77 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 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. The City of Columbia provides water service. 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.

No one was present to represent the plat, however, Chairman Kirkpatrick said this had been seen by the Commission before.

Commissioner Abart made and Commissioner Fugit seconded a motion to approve Valley Creek Plat 8 PRD, Lot 77 with the granting the waiver for traffic analysis.

Frank Abart yes Darin Fugit yes

Mike Morgan yes Jim Green yes

Bill Grace yes Mary Sloan yes

Keith Kirkpatrick yes

Motion to approve plat with waiver was unanimously. 7 yes

2. Blackwell Subdivision. S1-T50N-R13W. Sharon D. Heuer, owner.

J. Daniel Brush, surveyor.

Bill Florea gave staff report that this one lot minor subdivision is located on the southwest corner of the intersection of Old 63 North and Bill Lawrence Road, approximately 11 miles north of Columbia. The property is zoned A-2. Approval of the plat will create a remaining tract of less than 20 acres. An administrative survey for the remainder tract has been submitted and approved and will be recorded immediately after the plat.

Lot 1 will have frontage on Bill Lawrence Road and Old 63, no new roads are being created. Right of way sufficient to provide a 33-foot half width right of way for Bill Lawrence Road will be dedicated by this plat. 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 a proposed location for on on-site wastewater lagoon is shown on the plat. The applicant has requested a waiver of the requirement to provide a cost benefit analysis for central vs. on site wastewater disposal.

The property is within the Water District Number 10-service area.

The project scores 30 points on the rating system.

Staff recommends approval of the plat and the waiver requests

Jim Brush, 506 Nichols Street, Columbia addressed the Commission. He said they were trying to accomplish a distribution within the family and this appeared to be the best way to accomplish it.

Commissioner Sloan made and Commissioner Abart seconded a motion to approve Blackwell Subdivision with the granting the waiver for waiver of the requirement to provide a cost benefit analysis for central vs. on site wastewater disposal.

Mary Sloan yes Frank Abart yes

Mike Morgan yes Mike Morgan yes

Jim Green yes Bill Grace yes

Keith Kirkpatrick yes

Motion to approve Blackwell Subdivision with waiver was unanimous. 7 yes

 

 

 

 

3. T-Bird Ridge. S34-T51N-R13W. John R. and R. Jean Payne, owners.

Ronald G. Lueck, surveyor.

Chairman Kirkpatrick advised that the surveyor for the T-Bird Ridge plat was not in attendance. The Payne’s request moved to end of the agenda

 

 

OLD BUSINESS

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

Nathan D. Lacy, surveyor.

Bill Florea gave staff report stating that this ten-(10) 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 District #4 will provide water service. 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 has approved the road name Fall Creek Drive. 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.

Chad Sayer 6320 Southwest Way, Columbia addressed the Commission. He said that he addressed items that were brought up at the work session the week before. Family Transfer has been recorded for lot 4 and "not for development" was added to lot 4A.

 

Commissioner Abart made and Commissioner Morgan seconded a motion to approve Fall Creek Plat 1 granting the waiver for traffic analysis

Frank Abart yes Mike Morgan yes

Keith Kirkpatrick yes Darin Fugit yes

Mary Sloan yes Bill Grace yes

Jim Green yes

Motion to approve Fall Creek plat was unanimous. 7 yes

Recess was called at 7:30 p.m. due to the last two un-represented issues on the agenda.

Planning and Zoning Commission Meeting was called to order at 7:44 p.m.

 

Request by W. B. Smith et al, on behalf of Martin Smith to rezone

from R-S (Single Family Residential) of 6.65 acres and from A-1

(Agriculture) of .52 acres to C-GP (Planned Commercial) and to

approve a review plan for "Route K Storage Planned Commercial

Development" located at 5720 S Rte K, Columbia.

 

Director Shawver gave staff report stating that this property is located south of Columbia, approximately 1/2 mile south of Rock Bridge Elementary School. The majority of this property proposed for the Planned Commercial Development (PCD) is zoned R-S (Single Family Residential), but there is a small portion that is zoned A-1 (Agriculture). Land to the east of this tract is zoned A-1. All of the other surrounding area is zoned R-S. These are the original 1973 zonings. Some of the properties across Route K from the PCD site are being used for commercial purposes, these properties are non-conforming uses. There is no commercial zoning of any type in the immediate area of the proposed site. In 1979, a 16.3 acre part of the parent tract that the subject tract is part of was rezoned from A-1 to R-S. The current parent parcel, excluding the 16.3-acre portion rezoned in 1979, is approximately 36 acres. The property is currently vacant (except for a mobile home) and has been used as pasture. The applicant is requesting that 7.17 acres of the 36 acres be rezoned to C-GP (Planned Commercial).

A review plan has been submitted that shows the property being developed as a self-storage mini-warehouses with 4 warehouse storage buildings and a fifth building that is designated as a residence/office. The sizes of the structures are indicated on the plan. It is also important to recognize that as part of the plan a note is included that limits the use of this property to mini-warehouse storage use. Since this note is a specific provision of the request this condition will be binding and any change will require the plan to come back with a revision request. If the PCD property is desired to be separated for sale from the parent parcel, a subdivision plat that conforms to all the subdivision regulations will be required. There is no 100-year floodplain located on neither the PCD area nor the parent tract. This property is within the Columbia School District. Water service is provided by Consolidated Public Water District No. 1. and there is a 6" waterline on the West Side of Route K. The property is in the Boone County Fire Protection District who will dictate any needed up-grade in the water line and the required fire flow rates as fire hydrants will be required. Boone Electric provides electric service to the area. The applicant proposes to establish an on-site, no discharge wastewater system. Technically, wastewater will be limited to the equivalent of a single-family dwelling. However, the stormwater run-off will be a much larger factor, due to the amount of impervious surface area under roof and in the service driveways. It should be pointed out that Rock Bridge Park is located 100 feet to the southeast of the proposed development and the general site drainage runs in the direction of the park. The Master Plan designates this area as being suitable for residential land uses. This proposal is not consistent with the Master Plan. The property has 63 points on the point rating scale. Staff notified 49 property owners concerning this request.

Tom Schneider 11 N Seventh Street, Columbia addressed the Commission on be half of the owners, Marty and Mary Smith. He said that the Smith family owned the overall 36 acres. The proposed site is the southern frontage or a portion consisting of seven (7) acres, which they want to place four (4) warehouse buildings, the longest of which is 650 feet. It would be developed in phases. Two buildings would be built first. Ultimately there will be 500 units. The first two buildings would contain 300 units. If approved, the first phase would be completed by April, 1999. The south end is directly across from some grandfathered commercial facilities. A row of commercial uses is immediately to the west, including an auto body works and recording studio. Boone County Fire Station No. 8 is southwest of the southern tip of the proposed area. He stated there are other uses in the area that are other than agriculture. Rock Bridge State Park is immediately to the south and to the east. He stated that Mr. Brush, engineering consultant had had some discussion with park representatives. He was unaware of any overriding concerns. Across the street from the center of the proposed project is a residential subdivision currently being developed by the Overton’s of approximately 19 single-family residences.

Mr. Schneider circulated a petition of support to the Commission. He said one of the notable features is the very extensive amount of screening. The Smiths do have suggestions from Superior Supply. Evergreens or Norway Spruce, which would grow to 50-60 ft tall and white, pine 40-50 ft tall.

At the north end, there would be an office building built during phase one then converted to a house/office. It will be occupied 24 hours after approximately one year. The hours of operation would be 7 a.m. to 9 p.m. A chain link fence would surround the development. The landscaping they will install would buffer lighting. Regarding sanitary sewer, the only need would be for the office and according to Mr. Brush it could be handled on site without any difficulty.

Surface water run off would increase, however, the adjoining Smith property within family control would incorporate a storm water retention area and it could be made a condition for approval. Regarding traffic, this is not a type of use that generates usage at a specific time such as a factory or office where intense traffic would be around 8 a.m. or 5 p.m. This traffic would be intermittent. The state does not feel there is any site distance problem and there are no blind curves. The building would be painted sheet metal and there would be no outside storage other than that of construction materials. There was another mini storage area north of the State Farm complex and he said it was fully booked. It is not a loud use, not a bright use, a toxic use, not a particularly intensive use as commercial uses go. He stated Mr. Brush was present for any technical questions.

Commissioner Fugit asked if it would be a lagoon? Mr. Brush said it would be on-site. Was not sure if it would be irrigation or not but it would be kept on property.

Open to public hearing. No one spoke in favor of the request. The ones in opposition came forward.

Michael Goldschmidt, 710 West Dripping Springs Road, Columbia, came forward as President of "Friends of Rock Bridge Memorial State Park." They are the public advocacy group for the park. They had managed the park land prior to DNR taking it over. Unanimously the board wanted him to speak out against the rezoning.

They had several concerns:

Chairman Kirkpatrick asked Mr. Goldschmidt if the board had had any discussion about if they would rather have the property in residential housing. Mr. Goldschmidt reported that they had had that discussion, they of course would rather have no development, but they would rather have residential development as opposed to commercial development. A residential development would have lawns and other permeable surfaces and would have less potentially toxic materials going into the water runoff.

Chairman Kirkpatrick asked staff if the property was developed in residential homes, how many homes could be built on this acreage. Director Shawver said on 6.65 acres with minimum lot size of 7,000 sq. Ft they could have 40 homes, realistically with roads and open space it may only be 30-35 homes.

Rick McKernan, 181 W Waltz Drive, came forward. He said on his street all the residents had strong feelings against the rezoning. He was the only one who could attend the meeting. He is opposed to it partly because it is inconsistent with the Master Plan. The value of some of the homes in the area are as much as $249,000. He feels that the commercial development of that property would turn the $249,000 home into a $149,000 house overnight.

He had spoken with other storage operations and they did generate a lot of traffic. It is truck traffic as opposed to vehicle traffic. The road demographics will change.

The self-storage units have a number of commercial businesses using the self-storage units to store their own products. Which means sales persons who deliver products may make as many as four or five trips per day to those units. That is according to the people who rent the units. He had spoken to Storage Trust and they may be close to capacity but there are vacancies. This property may not mesh with the City’s plans. Will this site be too close to the storage units just up the road inside the city limits? The storage units will be too close together. The road in the area has a substantial ditch and with the increase of truck traffic the possibility of more accidents will increase. In its 1998 Capital Improvements Project, the Fire District has their own game plan. "Due to increased activity in this response area," the district had a request for building more residence quarters onto the fire station.

Mr. McKernan asked if this would require some type of environmental impact study since the drainage is towards the park.

He stated that he had asked the different storage units what else might go along with this type of business. He was told by one place you tend to attracted transients, stray dogs and cats, and was generally unattractive.

Mrs. Russell Stott, 5651 S Rte K, Columbia came forward. Her property would be directly across the road from the entrance. She said it was a quiet area and wanted to keep it that way so they were opposed to the request. "Once commercial gets in, you can never get rid of it." and the buffer trees would take five (5) to ten (10) years to grow and until then it would be a big and ugly storage unit(s).

Gary Lewis, 5671 S Rte K, Columbia addressed the Commission. He lives directly across from the property requesting the rezoning. He has used the Rock Bridge State Park directly behind the proposed rezoning. He would hate to see the view blocked off because of commercial development. He would be looking at the middle of the storage building. Not happy with the look, not happy with the traffic it would bring , not happy with the chain link fence around it, not happy with the entrance kitty-corner from him, just not happy with any of it at all.

Before he purchased his property he looked in to the area. He knew about new development next door with nice homes but this would destroy the property values.

Sarah Sapp came forward for Col. Dale Hallrah, who lives in Atlanta Georgia. Colonel Hallrah owns two lots in the new South Brook Subdivision, right next to Rte. K, which he purchased with the understanding that it was zoned agriculture or single family. He does not want his property value to go down and opposes the rezoning.

Paula Fox, 5331 S Rt. K, had a concern. She was wondering if the existing storage facility to the north would be expanding since they had so much undeveloped property around their site. If the proposed rezoning goes through, a total of four (4) buildings would be built, would that not be too many units? The commercial use would be so close to Rock Bridge Elementary School and to the Rock Bridge State Park trail which is used by a lot of people. If the screening trees were fully grown when they were planted, OK, but to get the size of their 50’-60’ will take a long period of time.

Fred Overton, 2712 Chapelwood View, developer of South Brook Subdivision. He can sympathize with Mr. Smith because usually he is on that side of the fence. He was also speaking on behalf of Joe Graff who has two lots in South Brook Subdivision who could not attend. He said there were 25 lots in South Brook Subdivision that are being developed. South Brook was turned down twice (2) when it requested R-2 zoning. It was in the land use plan for A-1 (10 acres) and P & Z kept it. They do not need any more commercial properties that would decrease their property values, using dusk to dawn lights, more traffic or unsightly buildings. He would like to see it kept in a peaceful country setting. He asked the Commission if the rezoning was approved, would they require Mr. Smith to push under Rte K to hook up to the Boone County Sewer District that is in South Brook and would eliminate any run off from the lagoon the could get into Rock Bridge State Park. The line of sight from the residential property would look directly into South Brook Subdivision. It would be hard to hide one building 650 feet long, much less four (4) of them.

A man in the audience came to the microphone to speak against the signatures on the Smith’s petition for approval (Gary Lewis). He said two family members had signed their own petition and did not think that was appropriate. Chairperson Kirkpatrick said any one had a right to sign the petition.

John Hawkins, 400 E Old Plank Rd. came forward. He said they just moved to the property last October. It is a quiet family setting and wanted to see it stay that way. The traffic at the intersection of Rte K and Old Plank Road has one major accident per week at least. The traffic is such a threat, he does not let his child walk two houses down, and they even drive her to school because of the danger. He was opposed to the rezoning.

Edward Johnson, 5581 S Rte K, addressed the Commission. They had been there 26 years and it would be a sham to cast a vote in favor of the rezoning. The fire station make 5 or 6 runs every night. He wanted to challenge the petition presented, some of the signatures were frauds.

Russell Stott, 5651 S Rte K, Columbia came forward. He said the storage buildings can be used for many things, A body was found in one in Jefferson City and they can be used to hide drugs. He can not imagine looking out at the units.

Closed to public hearing.

Tom Schneider returned to answer the concerns of the public. In regards to the relative who signed the petition, she lives on the property and had the right to sign the petition. Concerning the onsite detention of surface water runoff, require it as a condition of approval. If any problems occur, then the occupancy permit would not be issued. The engineer on the project feels it can be done, that there will not be run off into the park. Regarding screening it was mentioned that evergreens are not appropriate and if the sentiment was for deciduous trees that could be done. As Mr. Goldschmidt pointed out, that would be from May to October and would not do a great deal during the winter. The trails in the park will be screened under this plan. Traffic seems to be the most significant issue, once screening and on-site storm water run off detention is addressed, then compare this to R-S zoning allowing 35 houses. The vehicle trips from that would be more than that of this type of commercial. Mr. Smith contacted a relative in Florida who has mini warehouses and asked the number of trips he had from his 300 units. The relative advised him approximately 4 users per day. This would be 500 units when fully developed. Mr. Schneider compared the commercial traffic to that of the possible R-S zoning of 35 single-family homes.

Chairperson Kirkpatrick asked applicant if they had plans for lighting? Mr. Smith said as far as definite plans, no. They thought six (6) lights at first, having a total of possibly nine (9).

Chairperson Kirkpatrick asked staff where the nearest city sewer was to this property. Director Shawver advised it was by Rock Bridge Elementary School approximately 1/2 mile away to the north.

Commissioner Grace asked about the commercial property across the road and if they were consistent with the Master Plan? Director Shawver said there were several non-conforming commercial buildings across the road that were there before county zoning regulations were adopted.

Commissioner Sloan asked about the office/manager living on site, when would that take place? Mr. Smith said it would not be the first year but did want to incorporate the office into a home.

Commissioner Grace asked if there were other storage units in the county? he stated he didn’t remember reviewing similar requests recently. Director Shawver said there was one by Sturgeon on Fairground Rd that was approved approximately 1 1/2 years ago with maybe 40 units.

Commissioner Grace stated that the units seem to fill up and there is a demand; but it seems inconsistent with what is being developed in this area. Natural barriers could be provided, but we may not live as long as it would take for them to adequately screen the site.

Chairperson Kirkpatrick said a lot of discussion has been about traffic and what effect a development like this would have. He said he does business with a storage unit in town and it is one of the largest in town. He was comparing that with what he saw going in and out of the storage units vs. 30 to 35 homes. He did not think the commercial property would come near the traffic that would be expected out of a subdivision that size. As far as the park is concerned, the welfare of the park seems like it may be better off with this kind of development but it is not a natural fit in the area.

Commissioner Sloan stated a few weeks a go there was a request for a subdivision rezoning. The traffic came up then as now, but if the application is denied and these people come back at some future date regarding a subdivision with 30-40 single family units, she did not think the same people would be opposing that development as they are for the commercial now.

Commissioner Morgan asked if there was a cattle operation on the property, and does it drain on to the park area. He did not think the storage units would have as much sewage drainage as that of the cattle operation.

Commissioner Abart asked staff who would approve the sanitary sewage? Director Shawver said the Health Department would probably approve any system because it was essentially equivalent of a single-family dwelling. It may be commercial zoning, but the actual use will be like a house.

Commissioner Abart said that every time a development comes in, traffic is a single big issue. If they could come back here and put 30-35 houses on the property it would be in excess of 3,000 vehicles a day on that corridor and that is not a number he is pulling out of his hat. That is from the Institute of Traffic Engineering that developed that standard used for design. Commissioner Abart said when he first came in he thought the commercial rezoning was a good idea. The commercial would have a lower impact of traffic, but it was not a good fit with the surrounding area, and he was leaning towards denial.

Commissioner Fugit said he had the same opinion in the beginning. He had houses across from him and the traffic and lighting was bad because they did not have any buffer between.

Chairperson Kirkpatrick said this was one of the tougher calls in a while. There are pluses and minuses on both sides. He would entertain a motion, however if approved he would like to see conditions regarding hours of operation, lighting, no outside storage, landscape plan, the usual things.

Commissioner Abart made and Commissioner Green seconded motion to DENY request by W. B. Smith et al, on behalf of Martin Smith for a review plan for "Route K Storage Planned Commercial Development" located at 5720 S Rte K, Columbia.

Frank Abart yes Jim Green yes

Mike Morgan yes Keith Kirkpatrick no

Darin Fugit no Bill Grace yes

Mary Sloan yes

Motion to deny review plan was approved. 5 yes 2 no

 

Commissioner Abart made and Commissioner Green second motion to DENY Request by W. B. Smith et al, on behalf of Martin Smith to rezone from R-S (Single Family Residential) of 6.65 acres and from A-1 (Agriculture) of .52 acres to C-GP (Planned Commercial) located at 5720 S Rte K, Columbia.

Frank Abart yes Jim Green yes

Mike Morgan no Bill Grace yes

Darin Fugit no Keith Kirkpatrick yes

Mary Sloan yes

Motion to deny rezoning was approved. 5 yes 2 no

The applicant was advised they had three (3) working days to appeal.

 

T-Bird Ridge. S34-T51N-R13W. John R. and R. Jean Payne, owners.

Ronald G. Lueck, surveyor

Bill Florea gave staff report stating that the subject property is located approximately five miles northeast of Harrisburg at the intersection of Voorheis Road and Oak Grove School Road. The proposal is to divide the 11.73-acre tract into three building lots. As proposed, Lot 3, at 2.23 acres, does not meet the minimum lot size requirement for the A-2 zoning district. However, the Boone County Board of Adjustment May 28, 1998 granted a variance to the minimum lot size requirement.

All of the lots have road frontage on and legal access to either Oak Grove School Road or Voorheis Road. Therefore, no new roads are being created. Right of way sufficient to provide a 33-foot half width right of way for Oak Grove School Road and a full 66-foot right of way for Voorheis Road is being dedicated on this plat. In fact, it is this regulatory requirement that created the need for the variance of the minimum lot size. A request to waive the requirement to provide a traffic analysis has been submitted.

Wastewater will be disposed of on-site. Areas meeting the setback requirements for wastewater lagoons are shown on the plat. The subdivision regulations require that any subdivision containing any lot less than 2 1/2 acres must be served by a central sewer system. Therefore, the subdivision will also require a variance from the subdivision regulations or installation of a central sewer system. The applicant has submitted a request to waive the requirement to provide a cost benefit analysis of central vs. on site wastewater disposal. Staff will be recommending the Commission grant the waiver request because a central sewer system is required by the regulations unless the Board of Adjustment grants a variance. And, the financial analysis is immaterial to a variance request.

The subdivision is in the Water District Number 10-service area.

The project scores 12 points on the rating system.

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

sewer system or modify the proposal to comply with the Subdivision Regulations.

Ron Lueck, Marshall Engineering and Surveying, 300 St. James St., came forward. He said this was virtually the same plat as seen in May by the Board of Adjustment and addressed about five comments from staff.

Chairperson Kirkpatrick noted people in the audience and stated plats are not open for public forum, but if they have something to offer the Commission would listen.

David Ridge and wife, 17603 N Ridge Road were in the audience. Mr. Ridge had concerns for the new wastewater. The topography of the lots is such that he did not think a lagoon could fit on the property on the lot

Chairperson Kirkpatrick asked staff if the plat met Subdivision Regulations? Director Shawver stated that the plat complies with both the zoning regulations and the subdivision regulations, consequently, the Commission does not have grounds to deny the plat.

Gary Maiden spoke up from the audience and ask what the point system was that had been cited a number of times during the meeting.. Director Shawver answered the question.

Commissioner Abart made and Commissioner Sloan seconded the motion to approve the plat for

T-Bird Ridge with the waiver request and the staff conditions:

The applicant shall obtain a variance from the requirement to provide

a central sewer system or modify the plat to comply with the

Subdivision Regulations.

Frank Abart yes Darin Fugit yes

Keith Kirkpatrick yes Mary Sloan yes

Bill Grace yes Jim Green yes

Mike Morgan yes

Motion to approve plat with conditions was unanimous. 7 yes

 

 

 

 

 

 

 

OLD BUSINESS

for a permit for a family day care facility - The McBee’s did not attend the

so the County Commission tabled the issue.

County Commission supported P & Z recommendation to approve.

March and appealed. County Commission turned them down June 2, 1998.

NEW BUSINESS

Commission was reminded that election of officers would be at the July meeting.

ADJOURN

Being no further business the meeting was adjourned at 9:15 p.m.

Respectfully submitted,

 

Mary Sloan

Secretary

Minutes approved on this 16th, day of July, 1998.