BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, July 16, 1998

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

Present: Keith Kirkpatrick, Chairperson Missouri Township

Darin Fugit Columbia Township

James Green Cedar Township

Mike Morgan Bourbon Township

Frank Abart Public Works Director

Absent: Mary Sloan, Secretary Rocky Fork Township

Bill Grace Centralia Township

Vacancy Perche Township

Also present: Stan Shawver, Director

Thad Yonke, Staff

Noel Boyt, Staff

Commissioner Abart made and Commissioner Fugit seconded a motion to approve the minutes of June 18, 1998 meeting with no corrections.

Motion passed by acclimation.

Chairman read procedural statement.

CONDITIONAL USE PERMITS None submitted.

 

REZONING REQUESTS None submitted.

 

PLANNED DEVELOPMENTS

 

Request by Dale and Gene Nichols to approve a Final Development Plan

For Hancox Plaza Planned Commercial Development

located at 4350 E Hwy HH, Columbia.

 

Director Shawver gave staff report stating that this property is located at the southeast corner of the intersection of State Highway B and Highway HH, approximately ½ mile north of the Columbia City limits. The current zoning on this tract is A-2 (Agriculture), as is all of the surrounding land. Approval of this final development plan will result in the zoning of this .94 acre area changing to C-GP (Planned Commercial). This site is within the Hallsville School District. Water is provided by Public Water District No. 4. There is a 12 inch water line available to provide necessary fire flows to this property. The original zoning on this site is A-2. In 1989, the previous owner requested that 7.06 acres be rezoned to C-GP. The applicant indicated that the proposed use would include a convenience store, day care center, auto repair. The general review plan approved at the time showed a total of 7 lots. At the request of an adjacent property owner, the county commission approved the review plan with the stipulation that two streets are stubbed out to the southern property line. A memorandum of understanding was made a part of the county’s record relative to the street construction. Additionally, a "site specific" review plan for lot 1 of Hancox Plaza was approved, with the plan showing a convenience store, including fuel pumps. In 1995, the present owners submitted a revised review plan for the east part of the property that did not show the required access roads to the south. That review plan was denied. The final development plan under consideration complies with the approved review plan. Staff recommends approval.

Bill Crockett, Crockett Engineering, 1414 Range Line, Columbia addressed the Commission.

Dale Nichols and Gene Nichols , owners were also present to answer any questions. Mr. Crockett said they were not making a presentation as such, since there had been a previous submittal in the last few years. The owners have been selective in getting a tenant for this location. They had several opportunities for a tenant but the chemistry was not right. They have a convenience store that would serve the needs of the area.

Chairman Kirkpatrick stated that a Final Development Plan is not a public hearing but he asked if there was anyone in the audience that wanted to make a comment on the plan.

No one came forward regarding the plan.

Commissioner Abart said this item had been before the Commission several times, and has meet all the minimum requirements that have been placed before it. Chairman Kirkpatrick agreed with Mr. Abart's comment.

Commissioner Green made and Commissioner Morgan seconded a motion to approve the request by Dale and Gene Nichols for a Final Development Plan - Planned Hancox Plaza Commercial Development located at 4350 E Hwy HH, Columbia.

Jim Green yes Mike Morgan yes

Frank Abart yes Keith Kirkpatrick yes

Darin Fugit yes

Motion to approve the Final Development Plan was unanimous. 5 yes

 

 

 

 

 

 

Request by Nicholas Peckham to approve a Final Development Plan

and Preliminary Plat for New Town Planned Development,

located at 1900 W Rte K, Columbia.

Thad Yonke gave staff report stating that this property is located one mile due south of the Columbia municipal limits, but travel distance to the city limits is three miles. The site is situated on State Highway K. The County Commission on March 31st, 1998 approved a review plan for the total 22.76-acre tract. A final plan for a portion of the property has been presented. Upon approval of a final plan the rezoning of the property from A-2 to R-S/PRD and C-GP will take effect for the portion contained within the area of the final plan. The remainder will remain zoned A-2 until a final plan for the remaining area receives approval. Property to the north, across Rte K is zoned R-S. Property to the east is zoned R-M and A-2. Property to the south and west is zoned A-2. This final plan appears to comply with the approved review plan in general requirements. There were a number of conditions placed upon the review plan. The sewer study required as a condition on the review plan has been provided. This study indicates that the cost difference over the life of the project comes up with an $8000 difference out of a $300,000 total cost for sewers. This difference is negligible when compared to the total cost and would lead one towards the requiring of this development to connect to the city for sewer service. The issue of where the sewer service is going to come from is still an open issue for consideration here since the study is an attempt to address a required condition of the review plan. Another condition of the review plan was to do a study to look at the storm water hydrology to address NRCS comments and concerns. We have not received any comments from the NRCS upon the provided floodplain Study. This area is served by Consolidated Public Water District No. 1. There is a 4-inch line along Rte K, which will not meet the needs of this development. An eight-inch or larger waterline will need to be installed between Lakota Ridge Rd. to the east and Frog’s Leap subdivision to the west. The development will be within the Columbia Public School District service area. There have been no previous requests submitted on behalf of this property prior to the review plan earlier this year. Because of the customized nature of this development a number of variances from the Board of Adjustments will be required in order for the preliminary plat and subsequent final plats to be in compliance with the subdivision regulations. The master plan designates this area as being suitable for residential land uses. The proposed development is consistent with the master plan. This site has 76 points on the point rating system. Staff notified 170 property owners concerning this request. There are two issues at hand here for the Planning and Zoning Commission to satisfy itself of, firstly, that the final plan conforms to the review plan and that the sewer and storm water issues have been resolved. No new conditions can be placed upon the final plan however; approval can be conditioned upon decisions pertaining to how to resolve these two issues placed as conditions on the review plan. The second issue for this commission is whether or not to approve the proposed preliminary plat for the development.

If the final plan is approved then:

Staff recommends approval of the preliminary plat subject to the following conditions;

  1. Necessary variances from the subdivision regulations are obtained from the Board of Adjustments.
  2. If variances are not obtained those items not obtaining variances be redesigned to conform to the subdivision regulations.
  3. That the storm water, erosion, and flood control plan and study be approved by the NRCS and that any recommendations of the NRCS be followed.
  4. That the sewer issue of who is going to provide service is resolved prior to submission of any final plats.
  5. That a copy of the restrictive covenants be provided prior to final plat submission for review and that it be recognized that if issues of concern are found then they will need to be addressed on the final plats.

Tom Trabue, P.E., Trabue, Hansen & Hinshaw, Inc., 1901 Pennsylvania, Columbia came forward.

Nick Peckham, owner and Gary Oxenhandler, attorney at 220 N 8th Street, Columbia also came forward to answer any questions.

Mr. Trabue said the staff comments covered the main items. He did want to advise there was currently a 4" water lines on Rte K, but the Water District had sent him a letter that they were to construct a 8" water line on Rte K to serve this and other developments in the area. This will provide adequate flows for fire protection. The water line within the development is currently under review by the water district.

The flood plain study was prepared as requested by County Commission and the findings show that there was no net increase in run-off as a result of this development.

The sewer cost analysis was for a 20-year life period including design and construction and operating costs. To send the sewage to the City will require a lift station. The cost for the lift station and operating expenses for 20 years is $339,000.00; a package plant’s costs for installation and operation is $331,000.00.

The initial construction cost for the lift station was estimated at $199,800.00 and the initial construction cost for the package treatment plant is estimated at $70,000.00 so there is a sufficient difference in the initial outlay.

Mr. Peckham advised they had one less dwelling from than shown on the original review plan. Mr. Oxenhandler stated that as long as Department of Natural Resources approves the wastewater the Commission should also agree with the final proposal. Mr. Trabue continued that Department of Natural Resources had been in contact with them. DNR had given verbal approval and when their letter has been received, Mr. Trabue would forward it to staff.

Chairman Kirkpatrick asked staff if City had any comments at all. Mr. Yonke said the City had no added comments from those referring to the review plan. Staff made note to them that the sewer may be of further interest to City, but City was more interested in other plats at this time.

Commissioner Abart asked if this would be a package plant with a point source discharge. Mr. Trabue said that was correct, the discharge would be to an adjacent creek.

Chairman Kirkpatrick stated he hated to see a new discharge plant, particularly in that area. Mr. Trabue agreed, and if it was the permanent solution they would definitely be looking towards the alternative of connecting to the city sewer line. However, the Regional Sewer district has completed a study indicating that this area is one prime for a regional wastewater facility. Consequently, they are looking at this package plant as being an interim one to eventually connect to the Sewer District regional facility.

Chairman Kirkpatrick explained that the Final Development Plan is not a public hearing but he asked if there was anyone in the audience that wanted to make a comment about the plan.

Anthony LaBarbera, 1730 E Amos Dr., Cedar Brook Subdivision, Columbia came forward. He said the City had no recommendation. When he spoke to Sewer District they were reviewing a plan to put in a regional sewer plant so a temporary plant would fit. Mr. LaBarbera saw a disadvantage to hooking to city, but if Sewer District would have plans for a plant, a temporary plant would work as long as it complies with DNR standards.

Dan Kellar, 2000 W Frog Leap, Columbia came forward. He stated there have been several developments proposed for the area behind Little General. He has heard a lot of talk about cooperation and splitting the cost. He knew lots of people are waiting for things to happen. He would prefer to see city sewer hooked up when possible. Chairman Kirkpatrick said that would depend on the capacity of the treatment plant and availability of city service at that point in time whenever that might be.

Commissioner Morgan made and Commissioner Green seconded a motion to approve the Final Development Plan for New Town Planned Development located at 1900 W Rte K, Columbia.

Mike Morgan yes Jim Green yes

Keith Kirkpatrick yes Darin Fugit yes

Frank Abart yes

Motion to approve was unanimous. 5 yes

* * *

Discussion on the plat

Tom Trabue said the preliminary plat was basically the same as the final plan. As indicated in staff report, there are items that will need to be taken care of with variances from the Board of Adjustment. Because of the "type" of development, it does not fit the regulations very well.

Commissioner Abart asked about the storm water and erosion control plan and if they developed the plan and submitted to NRCS? Mr. Trabue said not yet, they were waiting until this meeting to do so.

Commissioner Abart made and Commissioner Green seconded a motion to approve a Preliminary Plat for New Town Planned Development subject to staff recommendations:

  1. Necessary variances from the subdivision regulations be obtained from the
  2. Board of Adjustments.

  3. If variances are not obtained those items not obtaining variances be redesigned to conform to the subdivision regulations.
  4. That the storm water, erosion, and flood control plan and study be approved by the NRCS and that any recommendations of the NRCS be followed.
  5. That the sewer issue of who is going to provide service is resolved prior to submission of any final plats.
  6. That a copy of the restrictive covenants be provided prior to final plat submission for review and that it be recognized that if issues of concern are found then they will need to be addressed on the final plats.

Frank Abart yes Jim Green yes

Mike Morgan yes Keith Kirkpatrick yes

Darin Fugit yes

Motion to approve Preliminary Plat was unanimous. 5 yes

 

Request by Henry J. Waters to approve a Final Development Plan and

Final Plat for Turkey Creek Estates Planned Development,

Located at 5200 E. Deer Park Rd., Columbia.

Thad Yonke gave staff report stating that this proposed final plan and minor plat are for a 5 acre portion of the area contained within the review plan approved by the County Commission on June 2nd, 1998. This final plan and plat is for one lot that 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 total PRD is on 30.31 acres out of a parent 80-acre tract, while this final development plan and minor plat is for only a 5-acre portion of the approved PRD. 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. Prior to the review plan there have been no previous requests submitted on behalf of this property. 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. There is 100-year floodplain located on Lot 1 in the Development Area. Essentially, 5 acres of Lot 2 of the approved review plan for the PRD 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. Consolidated Public Water Service District #1 provides water service, 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-1PRD 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. The final development plan appears to comply with the approved review plan.

 

 

If the final development plan is approved, then;

of cost-benefit analysis for sewer service and a waiver from a traffic analysis.

Bill Crockett, Crockett Engineering, 1414 Range Line, Columbia addressed the Commission.

Mary Waters, was also present to answer any questions. Mr. Crockett said he did not have anything to add and staff covered the request in the report.

Commissioner Green asked if the five (5) acres were at the same end? Mr. Yonke said it did not have to be, the review plan does designate on this document that five (5) acres of the total 25 acres are encumbered for density.

Commissioner Fugit asked if other agencies were interested in this plan. Mr. Yonke said the City of Columbia expressed interest in this, but no comments were received . The distance to the city limits exceeds 5 miles.

Commissioner Abart made and Commissioner Morgan seconded a motion to approve

A Final Development Plan for Turkey Creek Estates Planned Development, located at 5200 E Deer Park Road, Columbia.

Frank Abart yes Mike Morgan yes

Jim Green yes Keith Kirkpatrick yes

Darin Fugit yes

Motion to approve development plan was unanimous. 5 yes

* * *

Commissioner Abart made and Commissioner Morgan seconded a motion to approve

and Final Plat for Turkey Creek Estates Planned Development, located at 5200 E Deer Park Road, Columbia with staff recommendations:

of cost-benefit analysis for sewer service and a waiver from a traffic analysis.

Frank Abart yes Mike Morgan yes

Jim Green yes Keith Kirkpatrick yes

Darin Fugit yes

Motion to approve final plat for Turkey Creek Estates was unanimous. 5 yes

 

 

 

 

 

 

PLAT REVIEWS

1. Old Alabam, minor plat. S24-T51N-R14W. A-2. Ken Ginter, owner.

Brian David Dollar, surveyor.

Thad Yonke gave staff report stating that this two-lot plat is located immediately northeast of the intersection of State Route F and Porter Road. This plat is located approximately 3 & 1/4 miles north of the municipal limits of Harrisburg. The area being subdivided contains 10.68 acres. This property is zoned A-2 (agriculture) as is all the surrounding property and all the zonings are the original 1973 zonings. The plat is within the service area of Public Water Service District #10. It is unclear as to how water service is to be provided to the plat. Sewage treatment is proposed to be on-site with an appropriate diagram included in the file. The developer’s engineer has requested a request for a waiver of cost benefit analysis for sewer treatment. The developer has requested a waiver of the requirement for traffic analysis. This plat has 36 points on the point rating scale.

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

Brian Dollar, Dollar Surveying, 1607 Richardson St., Columbia asked for the Commission to approve the plat.

Commissioner Abart made and Commissioner Morgan seconded a motion to approve Old Alabam, Minor Plat with staff recommendations of granting of the waivers for traffic analysis and cost benefit.

Frank Abart yes Mike Morgan yes

Jim Green yes Keith Kirkpatrick yes

Darin Fugit yes

Motion to approve was unanimous. 5 yes

 

 

2. Royceland Acres, minor plat. S26-T50N-R13W. A-2. Royce Gabbert, owner.

Brian David Dollar, surveyor.

Thad Yonke gave staff report stating that this two lot subdivision is located approximately ¼ mile west of Old 63, 7 miles north of Columbia.

Access will be via a private road easement, which provides access to Old 63. According to the Subdivision Regulations a minor plat may be served by a private drive only if; all of the lots in the plat contain at least 5 acres and no more than four tracts, created after June 17, 1995 use the private drive for access to a publicly maintained road. This subdivision fits that criteria. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

Wastewater will be disposed of on site. A plan showing the proposed location of future wastewater systems has been submitted and will be retained in the file. The applicant has requested a waiver of the requirement to provide a cost benefit analysis of central vs. on-site sewage disposal.

The property is in the Water District Number 7-service area.

The proposal scored 23 points on the rating system.

Staff recommends approval of the subdivision and waiver requests.

Brian Dollar, Dollar Surveying, 1607 Richardson St., Columbia asked for the Commission to approve the plat.

Commissioner Green made and Commissioner Morgan seconded a motion to approve Royceland Acres, Minor Plat with staff recommendations:

central vs. on-site sewage disposal.

Jim Green yes Mike Morgan yes

Frank Abart yes Keith Kirkpatrick yes

Darin Fugit yes

Motion to approve Royceland Acres was unanimous. 5 yes

 

3.Thornbrook, Plat No. 1. S5-T47N-R13W. A-R / PRD.

Thornbrook Development, Inc., owner. Bill R. Crockett, surveyor.

Thad Yonke gave staff report stating that the subject property is located approximately one half mile west of the Columbia City Limits on the Northwest corner of the intersection of Scott’s Boulevard and State Route KK. The property was rezoned from A-1 to AR/PRD in 1998.

This plat represents the first phase of a preliminary plat containing 276 lots. The preliminary plat was conditionally approved in May 1998 with a set of 8 conditions. Those conditions are binding on this and all subsequent plats. A total of 54 lots will be created by this plat, three of which are "not for development tracts" including a tract preserving the old gravesite.

The property is included in an annexation request to the City of Columbia. Permanent zoning of R-1 is being requested along with the annexation. A public hearing by the city council has been tentatively scheduled for August 3, 1998.

The proposal scores 53 on the point rating scale.

Staff recommends approval.

Bill Crockett, Crockett Engineering, 1414 Range Line, Columbia addressed the Commission.

He requested approval of the first phase of Thornbrook Development. He said three lots if not four lots are for development. Three lots would be for the cemetery. He did not think there were additional graves but the area needed to be preserved. Lot 54 could have a shelter built but not used for residential. Board of Adjustment approved Thornbrook Road to be increased to a collector type street on June 25th.

Mr. Crockett said the annexation of Thornbrook into the City limits of Columbia was in process.

Chairman Kirkpatrick stated that he is concerned about the annexation procedures the city is following. It places the county in the position of processing zoning requests and subdivision plats that may be ultimately overridden by the city. He would like the city to revamp their annexation procedures.

Commissioner Abart made and Commissioner Green seconded a motion to approve Thornbrook, Plat No. 1, final plat.

Frank Abart yes Jim Green yes

Mike Morgan yes Keith Kirkpatrick yes

Darin Fugit yes

Motion to approve Thornbrook was unanimous. 5 yes

 

 

4. Ponderosa Subdivision. S3-T47N-R12W. C-G. Harold and Wanda Cunningham,

owners. J. Daniel Brush, surveyor.

The property is located on Ponderosa Street, off of 63 south, immediately south of Prairie Meadows Estates and north of Williams Brother’s tank farm.

Both lots will have frontage on and direct access to Ponderosa Street. No new roads are being created. Ponderosa Street is within the right of way for 63 South, which, at this location, is 240 feet wide. Therefore, no right of way dedication is being required. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

Wastewater is proposed to be disposed of on-site. There is an existing central sewage treatment facility in the Prairie Meadows Subdivision. However, Boone County Regional Sewer District has commented that no capacity is currently available to serve this subdivision. The District has completed a study to identify improvements necessary to increase treatment capacity. The identified improvements include construction of an additional aeration lagoon.

Brush and Associates have submitted a cost benefit analysis of central vs. on-site treatment on behalf of the applicant. The analysis compares the cost of central vs. on-site sewer systems. The cost benefit analysis indicates the total cost of on-site treatment is $4,500 per lot including maintenance and operation for 20 years. The cost of centralized sewer collection and improvements necessary to provide treatment capacity in the Prairie Meadows Treatment facility are $28,182 per lot. Clearly, in terms of this proposal, it is more cost effective to utilize on-site wastewater treatment.

Water service is provided by Consolidated Public Water District Number 1. There is a six-inch water line along the east property line of lots 1 and 2.

The proposal scores 55 points on the rating system.

Staff recommends approval of the plat and traffic analysis waiver.

Dan Brush, Brush and Associates, 506 Nichols, Columbia came forward. He would entertain any questions from the Commission.

Commissioner Morgan made and Commissioner Abart seconded a motion to approve Ponderosa Subdivision with staff recommendations.

Mike Morgan yes Frank Abart yes

Jim Green yes Keith Kirkpatrick yes

Darin Fugit yes

Motion to approve Ponderosa Subdivision was unanimous. 5 yes

 

5. Old Number 7 Subdivision. S15-T-50N-R13W. A-2.

Eugene A. and Sandra K. Arens, owners. Curtis E. Basinger, surveyor.

This three lot minor plat is located on the East Side of Old Number 7 Road approximately 400 feet north of the intersection of Old Number 7 and Willis Road. This subdivision is being divided from the same parent tract as Kraner Place Subdivision, which was approved in May 1998. The property is currently undeveloped. A right of way for Panhandle Eastern Pipeline transects the property generally corresponding to the proposed property line between lots 1

and 2.

Each lot in the subdivision has frontage on and access to Old Number 7 Road. No new roads are being created. The applicant has submitted a request to waive the requirement to provide a traffic analysis. Right of way is being dedicated along the frontage sufficient to provide a 33 feet half width right of way.

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

The property is within the service area of Water District Number 7.

The project scores 23 on the point rating system.

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

Gene Basinger, Marshall Surveying, 300 St. James St., Columbia was present to answer any questions.

Commissioner Abart made and Commissioner Green seconded a motion to approve Old Number 7 Subdivision with staff recommendations of waiver requests.

Frank Abart yes Jim Green yes

Mike Morgan yes Keith Kirkpatrick yes

Darin Fugit yes

Motion to approve Old Number 7 Subdivision was unanimous. 5 yes

 

 

OLD BUSINESS

 

for a permit for a family day care facility - The McBee’s did not attend their second County Commission meeting so the County Commission denied the request.

 

 

 

NEW BUSINESS

 

New Planning and Zoning Commissioner – Perche Township

Director Shawver stated there had been a new Planning and Zoning Commissioner appointed earlier that day to replace Commissioner Joe Falco who had moved out of his township. Patricia Norton Smith, will represent the Perche Township.

 

 

Chairman Kirkpatrick turned the meeting over to Director Shawver to conduct the annual election of officers.

Annual Election of Officers:

Chairperson * Vice - Chairperson * Secretary

Boone County Planning and Zoning Commission

Commissioner Morgan made and Commissioner Green seconded motion to re-elect the previous slate of Planning and Zoning officers for continuation of service.

Chairman Keith Kirkpatrick

Vice Chairman Darin Fugit

Secretary Mary Sloan

Hearing no further nominations, nominations were closed.

Motion passed by acclimation.

 

 

ADJOURNED

Being no further business the meeting was adjourned at 8:20 p.m.

Respectfully submitted,

 

 

 

Darin Fugit

Acting Secretary

Minutes approved on this 20th, day of August, 1998.