BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, March 18, 1999

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

Present: Keith Kirkpatrick, Chairperson Missouri Township

Darin Fugit, Vice-Chairperson Columbia Township

Mary Sloan, Secretary Rocky Fork Township

James Green Cedar Township

Bill Grace Centralia Township

Mike Morgan Bourbon Township

Pat Smith Perche Township

Frank Abart Public Works Director

Absent: none

Also present: Stan Shawver, Director Thad Yonke, Staff

Bill Florea, Staff Noel Boyt, Staff

Commissioner Fugit made and Commissioner Green seconded a motion to approve the minutes of February 18, 1999, meeting with no corrections.

Motion passed by acclimation.

Chairman read procedural statement.

 

REZONING

  1. Request by Betty Fountain and Jay and Mary Dix to rezone from A-2 (Agriculture) to A-R/PRD (Agriculture Residential / Planned Residential Development) of 122 acres, more or less, and to approve a revised Review Plan for Copper Creek Planned Residential Development and preliminary plat, located at 7901 E St. Charles Rd., Columbia.

Bill Florea gave staff report stating that the property is located 2 miles east of Columbia on St. Charles Road and is in the Columbia School District. The zoning is Agriculture A-2 which is the original zoning. All of the surrounding property is zoned A-2. In 1997, the commission received a request to rezone a 42-acre portion of the property to REC for a recreation center. That request was denied. In December of 1998, the Commission approved a Review Plan and Preliminary Plat for a 40 lot subdivision.

The current proposal consists of a Rezoning request to Agriculture Residential, a revised Review Plan and a revised Preliminary Plat. If approved, the number of residential units on the property will be increased to 64. The resulting gross density will be approximately 1.9 acres per residential unit. The proposed density is in excess of the current A-2 zoning, but well below the maximum density allowed by the proposed A-R zoning.

The Master Plan designates this property as being suitable for residential use. There are no existing structures on the property, which has been in agricultural use. A gas transmission line easement crosses the southeast corner of the property

The circulation plan appears to be adequate. All roads will be constructed to Boone County Standards and will be dedicated to the public. A traffic study was completed for the previous proposal by the Public Works Department.

As designed, six lots have direct access to St. Charles Road. St. Charles is designated as an arterial on the Major Thoroughfare Plan. Four of the six lots also have frontage on the internal street network. It would be in the public interest to limit direct access to St. Charles from lots that abut it. Lots 1, 33, 34 and 37 also have frontage on internal subdivision streets. Therefore, it will be recommended that those lots be prohibited from accessing directly to St. Charles Road.

Potable water service will be provided by Water District Number 9. Fire hydrants will be installed at a spacing of 500 feet or less. The hydrants will be placed at locations determined by the Fire District and the Water District.

The wastewater treatment facility is to be located on lot 28 at the northwest corner of Whitewater Drive and Payette Drive. The developer has proposed buffering the treatment facility from surrounding properties. This is assumed to include offsite properties. A buffering plan has not been submitted.

The proposal scored 58 points on the rating system. Staff notified 13 property owners concerning this request.

If the rezoning request is granted, staff recommends approval of the Review Plan and Preliminary Plat subject to the following conditions:

Jim Patchett, Patchett & Company, 1512 Business Loop 70 W., Columbia addressed the Commission.

Patrick McClung, Phoenix Contracting Group - developer, 5365 E. Trakalla, Columbia addressed the Commission.

Mr.Patchett said the previous review plan consisted of 40 lots and was suitable to the A-2 zoning. With additional streets, additional right-of-way it and to support the infrastructure they needed to add more lots. In adding the lots it exceeded the density of A-2 zoning. Hence the request for A-R zoning. The developer does not want to put in 244 lots. We just needed the 64 lots then creating the revised P-RD plan. Which also created the preliminary plat. He would answer any questions.

Patrick McClung said the original plan was to a residential community with small acreage lots with no lagoons. Since the 40-acre plan was submitted, it went from a pressure sewer with each property owner putting in his own septic tank. This plan shows a gravity sewer that does not concur any septic costs to them. Went from a 40 lot (3-acre average) to a 63-64 lots (2-acre average). Same concept providing all the covenants in place, treatment site would be sub-surface, sand filter system or a waterless system which either would be sub-surface and could easily be protected by a burm or plants. A buffer plan would be submitted at a later date after which system was decided.

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

Ms. Gene Cousineau, 8250 E St. Charles Rd. came forward. She was against the rezoning for numerous reasons. Mostly 64 homes on ˝ acre lots would over crowded situation and would destroy the rural atmosphere of the country side. That was why most of the residents moved out there. She had read over the traffic analysis and had doubts of the validity of assuming that only 25% of the residents would travel west to Lake of the Woods access. Most of the residents to do not go east to the Rte. Z exit, they drive west to the Lake of the Woods access. She had read over the architectural control study and thought it could be altered by request. The restrictions could be changed. She said she was not against the original plan of 2.5 acres, just ˝ acre lots per dwelling.

Mr. Ira Hubbell, said he was the property owner to the north and west having 240 acres (no address given). He had owned the property 27-29 years. He knew the land through the years. He had several,

Concerns. One was the over crowding of the road, the traffic problem. He said a lot of traffic came down Rte. Z and more traffic through Lake of the Woods.

Mr. Hubbell turned and asked if the county would widen the road into a four lane road? Commissioner Abart said the road was to be widened but not to a 4 lane. Mr. Hubbell asked if there would be sidewalks? Commissioner Abart said that would be part of the bid, it would be an option. Mr. Hubbell wanted the people to be taken care of. Did not want the property to be spot zoned. He said too much of the county was being developed with small lots. He said the water was okay but the wastewater would be a problem. The land did not drain. He wanted it to stay 2.5 acres. Before he bought his property, the land had been denied for zoning.

Mary Gubitz, 8200 St. Charles Road, came forward. She said he home was across from one of the exits. She said the road did not have very good drainage. Since the road was a new black, would the developer put in underground drainage? They bought out there for the country atmosphere. She said she and the majority of the area residents traveled west through Lake of the Woods and not east to Rte Z then onto I-70. If the developer would at least stick to the 2.5-acre lots (40) it would be fine, but to rezone even to the 60 lots would be too much. She agreed about the spot zoning

Stan Gubitz, 8200 St. Charles Road, came forward. Mr. Gubitz asked what a planned residential development was and if the developer could later ask for more lots? Chairman Kirkpatrick advised that once the final development plan was approved that would be the development. Mr. Gubitz said he did not want a sewer treatment plant across the street from his place.

Tammy Gilmore, 8150 E. St. Charles Road, directly across the road from the development. She was concerned of the overcrowding and traffic. She said she always travels Lake of the Woods, she never goes down to Rte Z. She said 40 lots would be fine, but not the 64 lots requested.

Wes Cousineau, 8250 E. St. Charles Road came forward. He was against it, simply because of greed. They could put the 2.5 acre lots in they could get there money out of the land. The lots may not go as fast but it is a nice place to live.

Closed to public hearing.

Patrick McClung came forward to answer the concerns. He said the lots would be an average of 1.9 acres per lot. With an approval of 40 lots they could go in and put lagoons. With 2.5 acreage lots it would look like what is out there now. Lagoons behind the house with fences around them, that is what they were trying to get away from. To get away from lagoons a centralized sewer system is needed. This plan is more marketable and would create a better situation. He and his brother are the developers and would control the archurtural control. This would be 1 – 3 acre lots with custom built homes. The slab houses would start at $130-$140,000 and then up from there. The nicer lots are off the road in back.

Commissioner Smith asked if the development would have green space? Mr. McClure said that on the larger lots as this development, it did not need to have a separate green space. A city development with smaller lots would need that space with a typical curb and gutter street. Once a green space is created a neighborhood association would decide who would mow it and have the association to pay for it.

Commissioner Grace asked who would maintain the roads/sewers? Mr. Florea said the sewer system would have to be dedicated to the Boone County Regional Sewer District for operation and maintenance. The roads would also be dedicated.

Commissioner Green asked staff if the zoning was approve, then the rezoning could have up to 200 lots. Mr. Florea said if it was straight rezoning but they are constrained in this proposal. By asking for a planned district the review plan is what constrains them to what they are proposing now. If a new review plan were filed in the future, it would be at the discretion of Planning and County Commission.

Chairman Kirkpatrick was torn on this request. He liked the waste water but did not like the 50% increase of density. Chairman Kirkpatrick said it was spot zoning.

Commissioner Green made and Commissioner Morgan made motion to deny the rezoning request by Betty Fountain and Jay and Mary Dix to rezone from A-2 (Agriculture) to A-R/PRD (Agriculture Residential / Planned Residential Development) of 122 acres, more or less located at 7901 E St. Charles Rd., Columbia.

Jim Green yes Mike Morgan yes

Darin Fugit yes Pat Smith NO

Frank Abart yes Bill Grace NO

Keith Kirkpatrick yes Mary Sloan yes

Motion to deny rezoning was approved 6 yes 2 no

** ** **

Commissioner Fugit made and Commissioner Green seconded a motion to DENY the request by Betty Fountain and Jay and Mary to approve a revised Review Plan for Copper Creek Planned Residential Development and preliminary plat, located at 7901 E St. Charles Rd., Columbia.

Darin Fugit yes Jim Green yes

Keith Kirkpatrick yes Mary Sloan yes

Bill Grace yes Pat Smith yes

Mike Morgan yes Frank Abart yes

Motion to deny the review plan was unanimous. 8 yes

Chairman Kirkpatrick advised applicants they had three (3) working days to appeal the decision.

  1. Request by Garry L. and Brenda G. Lewis to rezone from R-S (Single Family

Residential) to M-LP (Planned Industrial) of 13.73 acres, more or less, and to

approve a Review Plan for Steeplechase Park Planned Development, located at

5700 E. I-70 Dr. SE, Columbia.

Thad Yonke gave staff report stating that this property is located just east of Columbia near the Lake of the Woods interchange on I-70. The current zoning on this tract is R-S (Residential Single Family). Property to the west is zoned C-G (General Commercial); to the south and east land is zoned R-S. Land to the north on the other side of I-70 is zoned C-G and REC (Recreation). These are all original 1973 zonings. This property is currently vacant. It had been the site of Adel Mobile Home Park, which was closed by the previous owner in 1990. This site is within the Columbia Public School District. Water is provided by Public Water District No. 9. Electric service is provided by Boone Electric. In 1991, an application to rezone 10 acres of this site to C-G was submitted by the previous owners. That request was denied with a suggestion that they submit a request for a Planned Commercial District. In 1992, the present applicant submitted a request to rezone 13.73 acres to C-G. That request was denied also, again with a suggestion that they seek Planned Commercial zoning. In December of 1998 the applicant again submitted a request to rezone the 13.73 acres to C-G, again, the request was denied with a suggestion that Planned Commercial zoning be sought. The current submission for the 13.73 acres is for M-LP (Planned Light Industrial) the Master Plan designates this area as being suitable for residential land uses. However, the Master Plan suggests that where appropriate, future commercial and industrial zoning districts can best be developed as planned developments. Staff notified 65 property owners about this request.

-(Review Plan)- The review plan shows a single tract with 8 structures on it. Any division of the property will require a subdivision plat prepared in compliance with the subdivision regulations. The City of Columbia and the BCRSD have expressed concerns about the proposed wastewater facility and suggest looking into the possibility of connecting to city sewer. Additionally, the city has concerns about the property being changed to an industrial/commercial use. The city plan for this area shows residential neighborhoods and was in part based upon the current county plan and zoning for this area. The current request goes beyond the type of commercial development anticipated for neighborhoods. Parking requirements will need to be evaluated when specific uses are proposed for the structures and as such the parking shown is considered to be for diagrammatic purposes only. A landscaping plan, erosion control/stormwater plan and a traffic analysis each acceptable to this commission should be required to be submitted with any final plan since none of these were provided with the review plan. Since there are no specific uses proposed as part of the plan the commission should consider if there are any specific uses they wish to limit or eliminate from the permitted or conditional uses of the M-L district for this development. The proposal rates 76 points on the point rating scale.

If the commission approves the rezoning request then, Staff recommends approval of the review plan subject to the following conditions:

1. That a landscaping plan, erosion control/stormwater plan and a traffic analysis each acceptable to this commission should be required to be submitted with any final plan.

2. That since no specific uses or set of uses have been proposed, that those M-L uses that are conditional uses be required to obtain conditional use permits.

3 That the development meet the parking requirements for the individual uses proposed, as they become known.

4. That the commission consider whether or not some of the specific uses listed as permitted uses and conditional uses should be prohibited.

Cullen Cline, 806 Locust, attorney for Gary Lewis addressed the Commission. He said the property was east on the access road and it lies east of the pond. He said the property had been in front of the Commission on previous Commercial General requests. This request was for Planned Industrial because this Commission had made the request. The previous owner used the property as a trailer park. That has been abandoned for numerous. This property is adjacent to access roads to the Interstate. He saw this as a reasonable request. Mr. Lewis has a good track record. He did not think the property could be developed as residential.

Gary Lewis, 6008 Highland Parkway, Columbia addressed the Commission. He disagreed with the Commissions last decision at the February meeting, but understood their desire to control the development. In reviewing the proposed uses, he thought M-L would better accommodate the uses. He has two developments south of town, what he does is to build a nice looking building towards the back of the development. As it is developed and established more money is put into the project. This project he intends to build on site. He thinks it will attract some good tenants. He will meet all the restrictions. He will answer any questions.

Bill Crockett, Crockett Engineering, 2608 N Stadium Blvd, Columbia addressed the Commission. He wanted to clarify some categories that had not discussed at this point. One issue is the sewer issue. There are three (3) alternatives. One being the trunk sewer from the City of Columbia, second being on-site centralized system and the third would be one that would transport the waste to the city system. Any of these systems would be preempted by the possibility of a pre-treatment required for each individual user simply because it is an "industrial situation". The trunk sewer from the City of Columbia is not very viable at this point. The nearest system by gravity is nearly four (4) miles away and not vacant land in-between. On-site is presented to on the plan. He would consider this until which time a centralized system either by a trunk sewer or by pumping mechanism back to the north was in place. When the final development returns for approval, these issues will be answered.

Regarding the water system. He spoke with Water District No.9. the area is fed by an 8" water line through the development. Part of the water line may have to be relocated as the property is developed. The plan as shown represents approximately 20% green space on the 13 acres. The types of businesses in the development will determine the parking space requirements.

Interstate 70 is a busy road with the evening traffic being more tractor-trailers. Final details would be submitted at a later date.

Randy Macon, 2401 Bernadette, Columbia, realtor with Plaza Real Estate came forward. He has been in the Columbia area 31 years seeing a lot of changes. A lot of things have changed the area and Gary is one of those developers who improve the areas. Lake of the Woods area use to have a trailer park. Mr. Lewis went in and cleaned it, graded it and made it acceptable. Regarding the zoning, there is no desire for residential development for marketing standpoint along I-70. The demand is for what Gary is proposing being office industrial. From Gary track record, it has always been top notch and over and above what was expected of him.

Closed to public hearing.

Commissioner Grace asked for the comments the City of Columbia had made. Thad Yonke stated that because the City would like to see sites in the proximity to the city. Plans and or plats are sent to them. Typically the city does not comment. The city does have staff for the long range project and thought in this particular instance they did have a plan for a sewer going out in that direction. The city commented they would like to see pursuant of getting it connected into that earlier. The Sewer District's concern was that it was a temporary system and wanted to know what "temporary" meant. They did not want a substandard plant approved with the idea it was not going to be here very long.

Commissioner Abart if the City had indicated if they would like to see this area developed commercial vs. residential? No, their comment was under their new plan as neighborhood since it did fall in the metro area. Industrial and the size of it did put it outside of what they considered to be commercial usage in the residential area.

Commissioner Abart said it looked like the best way to develop the area and was in favor.

Chairman Kirkpatrick said the last time around no one had an argument with the type of usage with the site other than it needed to have a plan. He had no problem with the concept.

He did want the Commission to look real hard at the overall rezoning. Were there any permitted uses they did not want used, and that should be limited? Example like bus barn, construction lot, grave yard...etc. Any storage on the lot is to be done indoors.

Chairman Kirkpatrick mentioned the rezoning that had been done several years back at light industrial park at the Midway exit and Hwy. UU. It is basically a storage lot for construction vehicles and it looks like a graveyard for construction vehicles. That resulted from rezoning that did not exclude that type use. So any storage that is done on the property, he would like to see it done indoors. Again he had no problem with the concept and he appreciated Mr. Lewis bringing it back with the plan. Lighting also needs to be addressed. It is right there in the Highway.

Commissioner Sloan asked staff if it would be too vague or too broad to include a restriction of outside storage for any type of business. Mr. Yonke said those type of restrictions had been placed on other developments. But it needed to be clear, because most lumber yards for example have what is called an outside storage area but it is covered. It depends on the meaning.

Commissioner Green asked if this would include the parking of service vehicles. Mr. Yonke said no.

Mr. Yonke advised the Commission that under the M-L rezoning request it also included every use in the C-G.

Commissioner Grace made motion to approve request by Garry L. and Brenda G. Lewis to rezone from R-S (Single Family Residential) to M-LP (Planned Industrial) of 13.73 acres, more or less, located at 5700 E. I-70 Dr. SE, Columbia. with staff recommendations.

  1. That a landscaping plan, erosion control/stormwater plan and a traffic analysis each acceptable to this commission should be required to be submitted with any final plan.
  2. That since no specific uses or set of uses have been proposed, that those M-L uses that are conditional uses be required to obtain conditional use permits.
  3. That the development meet the parking requirements for the individual uses proposed, as they become known.
  4. That the commission consider whether or not some of the specific uses listed as permitted uses and conditional uses should be prohibited.

Director Shawver spoke up and said technically the way the Regulations read, the Review Plan putting on the conditions should be done first, then the motion on the rezoning. On the last request it was done the other way around but he understood where the Commission was going and did not bring to their attention.

Motion amended * * *

Commissioner Grace made and Commissioner Abart seconded motion to approve request by Garry L. and Brenda G. Lewis to approve a Review Plan for Steeplechase Park Planned Development, located at 5700 E. I-70 Dr. SE, Columbia.

With staff recommendations

  1. That a landscaping plan, erosion control/stormwater plan and a traffic analysis each acceptable to this commission should be required to be submitted with any final plan.
  2. That since no specific uses or set of uses have been proposed, that those M-L uses that are conditional uses be required to obtain conditional use permits.
  3. That the development meet the parking requirements for the individual uses proposed, as they become known.
  4. That the commission consider whether or not some of the specific uses listed as permitted uses and conditional uses should be prohibited.
  5. Lighting be shown on the final plan being directed inward and downward

Bill Grace yes Frank Abart yes

Mike Morgan yes Pat Smith yes

Jim Green yes Mary Sloan yes

Darin Fugit yes Keith Kirkpatrick yes

Motion was approved unanimously 8 yes

Commissioner Green made and Commissioner Abart seconded motion to approve the rezoning request by Garry L. and Brenda G. Lewis to rezone from R-S (Single Family Residential) to M-LP (Planned Industrial) of 13.73 acres, more or less, located at 5700 E. I-70 Dr. SE, Columbia.

Chairman Kirkpatrick asked the Commission if they wanted to place conditions on the outside storage issue. Director Shawver spoke up and advised conditions can not be placed on rezoning. All conditions have to be placed on the plans. As part of the discussion, the record can reflect Commission concerns of the outside storage and he will see that it is brought to the attention of the County Commission attention.

Chairman Kirkpatrick advised he was still concerned about the outside storage and would like for the County Commission to review that matter.

Jim Green yes Frank Abart yes

Mike Morgan yes Pat Smith yes

Bill Grace yes Mary Sloan yes

Darin Fugit yes Keith Kirkpatrick yes

Motion to approve rezoning was unanimous. 8 yes

 

PLANNED DEVELOPMENTS

NONE SUBMITTED

PLATS

  1. Forevergreen Estates, preliminary plat. S24-T48N-R14W. A-2. Carl E. Lathrop, owner. James R. Jeffries, surveyor.

Thad Yonke gave staff report stating that this 8 lot preliminary plat is located on the west side of State Highway UU immediately south of River Oaks Subdivision. The site is approximately 500 feet south of the intersection of Highway UU and River Oaks Road. The site is 1 & ˝ mile west of the municipal limits of the City of Columbia. The area being subdivided contains 49.33 acres. This property is zoned A-2, (agriculture) as is all the surrounding zoning. These zonings are the original 1973 zonings. Water service will be provided to the site by Consolidated Public Water District #1. There is currently a 6" waterline on the east side of Highway UU. Fire hydrants will be required within this plat at spacings and with fire flows that will need to be approved by both the water and fire districts. Sewage treatment is proposed to be from individual on-site lagoons or possibly individual sand filter systems. An on-site wastewater lagoon plan has been provided and is included in the file. A cost benefit analysis for on-site vs. a central sewer system has been provided and indicates that the on-site systems are 87 times more economical than a central system. A permanent cul-de-sac is proposed to serve the subdivision. A private easement comes off the end of the public cul-de-sac to serve 4 tracts, 3 created previously by administrative survey and 1 within the plat. The lot in the plat that is served by the easement does meet the regulations because all lots in the subdivision are 5 or more acres. No stub street has been provided to the edge of the property as required by the subdivision regulations. This commission can waive the stub requirement only if the commission believes good cause is demonstrated by the subdivider as to why a stub street won’t work in the development. Generally, there needs to be another reason to constitute good cause other than simply not wanting to build the additional road length or more than a desire to keep the road use down by isolating it from the general road network. This plat has 71 points on the point rating scale.

Provided the Commission finds good cause to waive the stem requirement, Staff recommends approval along with the granting of the waiver for traffic analysis.

James Jefferis, Allstate Consultants, P.C., 3312 Lemone Industrial Blvd. Columbia came forward. He said Mr. Lathrop would like to develop this into estate lots of five (5) acres or more. He has some ten (10) acre tracts in the back. Currently a house is being built on tract 3.

Chairman Kirkpatrick stated he had no problem with the stem.

Commissioner Sloan made and Commissioner Smith second motion to approve Forevergreen Estates, preliminary plat.

Motion amended * * *

Commissioner Sloan made and Commissioner Smith second motion to approve Forevergreen Estates, preliminary plat along with the granting of the waiver for traffic analysis and noted that good cause was shown to wave the stem requirement.

 

Mary Sloan yes Pat Smith yes

Keith Kirkpatrick yes Darin Fugit yes

Bill Grace yes Jim Green yes

Mike Morgan yes Frank Abart yes

Motion to approve was unanimous. 8 yes

 

OLD BUSINESS

Director Shawver gave staff report on items from the February 18, 1999 Planning and Zoning meeting that went to the County Commission on March 2nd , 1999.

Director Shawver wanted to complement staff members, Bill Florea and Thad Yonke for their staff reports and in reporting/answering questions to the Commission.

NEW BUSINESS

 

ADJOURN

Being no further business the meeting was adjourned at 8:36 p.m.

Respectfully submitted,

 

 

 

 

Mary Sloan

Secretary

Minutes approved on this 15th, day of April, 1999.