BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, July 15, 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

Mike Morgan Bourbon Township

Pat Smith Perche Township

Absent: Vacant Centralia Township

James Green Cedar Township

Frank Abart Public Works Director

Also present: Stan Shawver, Director Thad Yonke, Staff

Bill Florea, Staff Noel Boyt, Staff

 

Commissioner Fugit made and Commissioner Morgan seconded a motion to approve the minutes of June 17, 1999 meeting with no corrections.

Motion passed by acclimation.

Chairman read procedural statement.

CONDITIONAL USE PERMITS

  1. Request by Windy Point Partners, L.L.C. for a permit for a mobile home park as a component of Windy Point Planned Development, located at 301 W. Mauller Rd., Columbia.

Thad Yonke gave staff report (CUP & Review Plan, Preliminary Plat) stating that this proposal is for a CUP for a hybrid of a Mobile Home Park/Subdivision as part of a planned residential development. The project is located immediately North and East of Bon Gor Subdivision, approximately 300 feet East of the intersection of Wade School Road and Cunningham Drive. The site is located approximately 2 miles North of the Columbia City Limits. The property contained within the proposal is currently zoned R-S (residential single family) and there is also a small portion of R-M (residential moderate density). These are the original 1973 zonings. Adjacent zoning to the North, East and South of the proposed development is R-S. These are also original 1973 zonings. Property to the West, within Bon Gor Subdivision, contains a mixture of zonings, R-S, R-M, and a small piece of C-N (neighborhood commercial). These are also original 1973 zonings. The current proposed review plan encompasses 53.1 acres. The proposed density for the entire PRD is 175 units. The maximum theoretical density for the PRD area could have been 330 units. The Mobile Home portion encompasses approximately 20 acres of the 53.1 and is proposed to have 44 lots, 14 lots for individual units, 15 lots set up for 2 units on each, and 15 lots set up for 4 units on each. The total number of Mobile Homes proposed is 104 units. The remaining lots within the planned area contains 4 proposed 4-plex structures, 6 duplex structures, and 42 single-family lots. The development proposes to use 4-plexes to buffer the existing apartments, duplexes to buffer the existing duplexes, and single-family homes to buffer the existing single family homes in Bon Gor. A small green area and a future development area are provided between the property to the immediate North & Northeast and the Mobile Home portion of the development. Staff does not feel that this provides an adequate buffer. A continuous site proof privacy type fence would provide a better buffer to this property. The development is within the Columbia School District. The development is within Water District #7 and a note on the plan indicates service will be provided by Public Water Service District #7. Water infrastructure extensions and up grades will be required for this development and the costs of these are the developer's responsibility. Additionally, part of the proposed project was to eliminate the small water service system that serves Bon Gor by bringing it up to standards acceptable to Water District #7 and turning it over to them. Fire hydrants will be required and will have to meet fire & water district approvals. The actual requirements will vary based upon the actual size, uses, and construction methods proposed for the structures. Sewer service is proposed to be from the BCRSD. The developer has proposed eliminating the existing lagoon facility at Bon Gor by replacing it with a new facility to serve this development and the existing structures in Bon Gor. The BCRSD will need to approve any sewer proposal. There are a number of off-site road improvements that will be required as part of this development to mitigate traffic impacts caused by the development itself. These improvements have been identified by County Public Works in conjunction with both the PW consulting traffic engineering firm and the developers consulting traffic engineer’s traffic analysis. The first of these improvements is the improvement of the existing western portion of Cunningham Drive. This will need to be brought up to collector status to match the extension of this road as is contained within the proposed development. Improvements to Mauller Road are required and improvements at the intersection of Mauller Road & Highway VV. The specific nature of these off-site improvements shall be worked out with PW when more specific and engineered plans are produced and submitted for the development. Sidewalks are required throughout the development. A portion of the Boone’s Lick Trail may be near and or be contained within the development area. The commission should assess the impact of this development with respect to the trail and any related historic assets. As a CUP the proposal must meet the following criteria from the zoning ordinance to be eligible for approval.

1. The establishment, maintenance or operation of a conditional use permit will not be detrimental to or endanger the public health, safety, comfort or general welfare.

2. The conditional use permit will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted by these regulations.

3. The conditional use permit will not substantially diminish or impair property values of existing properties in the neighborhood.

4. All necessary facilities will be available, including, but not limited to, utilities, roads, road access and drainage.

5. The establishment of a conditional use permit will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.

6. The establishment of a conditional use permit will not hinder the flow of traffic or result in traffic congestion on the public streets. This will include the provision of points of access to the subject property.

7. The conditional use permit shall in all other respects conform to the applicable regulations of the zoning district in which it is located. The County Commission shall find that there is a public necessity for the conditional use permit.

The master plan does show this area as suitable for residential development. The proposal rates 64 points on the point rating scale.

If this commission feels this CUP has fully met all 7 of these criteria and is appropriate for the area, then:

Staff recommends approval of the CUP subject to the all of the following 6 conditions.

  1. A Site-Proof continuous privacy type fence of 6’ height be required to be installed and maintained by the developer along the entire PRD boundary of lot 46, lot 44, lot 32, lot 31A , and lot 47, as well as across the end of the road stubs until such time as the roads are extended as through roads. This condition is necessary for the CUP to attempt to meet the conditional use tests #2 and #3 as listed in the staff report.
  2. All off-site road improvements including the improvement of the existing portion of Cunningham Drive, improvements to Mauller Road, and improvements to the intersection of Mauller Road and Highway VV including left turn lanes be designed, built, and approved by BCPW as a condition of approval. The specific nature of these improvements will be determined by PW when detailed engineering plans are provided with any final plat. This is required to meet CUP test #2 and #6 as listed in the staff report.
  3. That any change in Water or Sewer service provider as proposed be considered a change in the CUP and Review Plan and require coming back for a new hearing as these issues are contained within the scope of the proposal. This is required to meet CUP test #4 as listed in the staff report.
  4. When a final plan and/or any final plat is presented that the number of single family lots included in the plat be equal to the number of Mobile Home sites proposed within the same phase.
  5. That the landscaping plan is binding and that if the plantings are not installed and maintained it constitute a violation of the CUP. All plantings that die must be replaced in the next growing season with an equivalent plant of equivalent size or larger.
  6. That final plats submitted can be required to include ROW stubs and common areas such as park space or any other area or lot contained within the development that the Planning Director feels is necessary for orderly and timely development.

If the CUP is approved then Staff recommends approval of the review plan subject to the same conditions numbered 1-6 above.

If the CUP & Review Plan are approved then Staff recommends approval of the preliminary plat subject again to the same conditions 1-6 above.

Craig Van Matre, Van Matre and Harrison, P.C., 1103 E Broadway, Suite 101, Columbia addressed the Commission. He offered into the record copies of the proposed neighborhood covenants, which would govern the entire development once it is approved. Also into the record he wanted to present the Boone County Zoning Ordinance. He had a copy of a letter from the Boone County Sewer District. An extensive traffic study by Schaeffer, Cline and Warren which was supplemented in order to take into account the proposed development further east. They asked those documents to be part of the file. He also had letters and petitions presented to staff in support of this development from surrounding property owners, which he wanted to be part of the file.

Chris Burnam, 2407 Rangeline Columbia, addressed the commission. Mr. Burnam put up a display of pictures and diagrams of the proposed project. He stated this was their family farm moving out there in 1967. His father got his development start in building the Bon Gor Lake Estates.

The CUP contains 53 acres and bisects Bon Gor Lake in half. On the other side of the lake is the development to the east called Windy Point East which would be all single family homes. This is on the agenda for a plat review. He pointed out the multi family units they currently owned (101 units) in Bon Gor Lake Estates. He showed the 5 cells which were the existing sewage lagoons for Bon Gor Lake Estates. To the north was Green Hills Mobile Home Park and the County Downs Subdivision. In County Downs there were two treatment cells owned by the County Regional Sewer District and one private sewage lagoon at Green Hills. Those facilities handle about 200 homes. He said he had had meeting with the neighbors to talk about the development. First the development started with a green built area to act as a buffer for all of the different uses and the different homeowners. They also intend to dedicate some park area which will include shelter houses and playground equipment. Some areas are as much as 200 ft. wide to 60 ft wide.

Their first part consists of the single-family neighborhood with approximately 42 lots. They will have all county maintained streets, improved sidewalks, curb and gutter. The lots would be retailing from $18,000 to $30,000 on the lake with approximately 20 lake lots. When Windy Point East come into play, there would be another 100 home sites. Next part of the proposal is the multi family area with 6 duplexes, and 4 four-plexes. Then finally the area in the middle would be the "land lease" community. Manufactured home owners leasing land from them. This community is unlike anything that has ever been developed in Boone County because it will have fully maintained public streets, gutters, and sidewalks. It will look like a single-family home subdivision. The difference being there would be manufactured homes being 16’ wides and 32’ wides.

The problem with neighborhood associations is that if they are not formed correctly and not funded correctly they end up having very little power in future years. In the convenience they have several archertictural restrictions, provisions regarding outside pets, operable vehicles, minimum sq. feet of homes in the single-family area. Minimum up keep standards on landscaping and grass cutting and outside appearance. Not only of the single-family area but the manufactured area and the new multi family area but he is also agreeing to be bound on his existing 100 units of apartments by the new covenants. The fees would be based on the per unit basis. He would be paying a large sum of fees to the association every year to insure it is well funded so it can go through and aggressively protect and implement these restrictive covenant.

He showed pictures of the land, fields and wooded hillsides. He showed photos of 4.5 acres of open sewage lagoons that Bon Gor residents contend with on a daily basis. Approximately 20 yards in the background he shows the single-family homes. That was the way they were designed in the 70’s but he intends to do something about it. One of the keys to this development is to provide an adequate infrastructure, not only streets but also water and sewer. They have entered into a conceptual agreement with the Boone County Regional Sewer District to go in at their own expense and construct a modern treatment facility. About a 40’ wide by 120’ long fully enclosed masonry structure. In constructing that, they would be able to take off line and turn into pastureland the other 4.5 acres of lagoons plus permanently shut down one of the treatment facilities. It would be a big plus to the neighborhood and to the local environment.

Mr. Burnam said that it seemed to him that in talking with the sewer district they are excited with the possibility. Because if new sewer systems would being brought up to a point, then it was a very short distance for the sewer district to tie into the County Downs lagoons and then possibly the Green Hills lagoons. The new development would have fire hydrants and would bring fire protection to the existing homes. The neighborhood of Bon Gore has seen a lot of changes over the last several years. In meeting with the neighbors in several meetings, that is how the buffer area came about and they sufficiently reduced the density for the entire development. As the staff report stated, they could have theoretically put in 330 units. Their plan calls for 175 units.

Christina Luebbert, Marshall Engineering & Surveying, 300 St. James St., Columbia came forward. Mr. Van Matre asked her about the traffic studies and the impact on the development on Hwy VV and interconnectivity to the other subdivision. She said that Schaeffer, Cline and Warren looked at the existing conditions and then compared it with projected conditions for both phase one (Windy Point-west side) and phase two (Windy Point-east side of lake). Based on level of service hthey ad a "A" which is the highest level of service which is the traffic engineering analysis term. The only non "A" was the Route VV and Mauller Road intersection at the A.M. and P.M. peak hour which has a "B" which is still very favorable. After both phases of development only three periods fell from the "A" to the "B" category. The Rte. VV-Mauller intersection picked up "B" in the P.M. peak hour and Mauller Road with the phase two access and Rte VV with the phase two access (Windy Point-east).

Mr. Van Matre stated that staff had asked for a supplemental study which they did to show the impact of Windy Point-West and Windy Point East to be fully developed. The study reports were not in time for the May Planning and Zoning meeting and they asked for a continuance. Mr. Van Matre asked her to explain the reason for the June meeting delay because of the restructuring of the roads within the development to provide a different orientation than was originally planned. Ms. Luebbert said that the main comments from Booker, Willis and Ratliff (traffic engineering consultants for the county) had to do with classifications of roads. Some of the roads that their traffic engineer had as local, the county traffic engineer recommended as collector based on their possibility for future extension. Most of the recommendations they did not have a major problem with. They redesigned part of each side of the lake to direct the traffic differently to minimize how many collector streets they had to have. They also made concessions on the streets they desired to be larger to deal with the traffic. The comments were received only a few days before the June Planning and Zoning meeting and they needed to table for the redesign. Mr. Van Matre asked if she thought this last design meets all standards and tests for safety, traffic flow and the county requirements? Ms. Luebbert said that from a traffic-engineering standpoint, that was correct. Their would be of course final road plans that would have to be reviewed by the county public works at the final platting stage which may have to have some fine tuning.

William L. Marshall, Marshall Engineering & Surveying, 300 St. James St., Columbia came forward. His function was to oversee all work and he worked with the sewer district and water district No. 7. Mr. Van Matre asked him what was out there and what are they working with? Mr. Marshall said that the basic structure had five (5) lagoon cells. Two parallel lagoon systems with the fifth (5th) cell has all the water going through the fifth (5th) cell. Back in the late 70’s he had designed a 25,000 gallon a day mechanical treatment plant to supplement the original system since there was trouble meeting the effluent requirements. That particular plant is to the northwest of the lagoon in the residential area. That would be one of the items to be removed along with the five cells. Van Matre asked why it would be advisable to remove them at all? Mr. Marshall answered he did not believe there would be very many people in the world that would want a lagoon in their back yard. Occasionally the lagoons have an odor and they are an eye sore. The level of treatment would be a lot better. The lagoon would have a 70% reduction in the BOD where the mechanical plant will have any where from 85% to 95% reduction in the BOD. The quality of the effluent coming from the facility would be improved greatly. Mr. Van Matre asked what happened during times of heavy rain? Mr. Marshall said that the effect of a heavy rain was to flush the sewage on through before it gets adequate treatment time. It actually reduces the treatment of the sewage and increases the amount of BOD going out of the system in solids that go on through the lagoon. Van Matre asked what BOD meant? Mr. Marshall answered it was biological oxygen demand but what it means is solids that go on through that actually have not had the processing that they needed to be stable and non polluting. The new system would not remove all the problems that exist but it would greatly reduce the amount of waste material that would be going through. The improvement on the environment will be substantial in that they will be releasing it out of the way of the subdivision. In his discussion with the sewer district, they were very interested in getting rid of those lagoon systems. Mr. Van Matre asked where the drinking water was going to come from? Mr. Marshall said the drinking water would come from water district No. 7, they have an eight (8") inch line he helped engineer that came down from the north through Hinton. That line would be extended to this particular subdivision and tie onto the water district line on the west side of Wade School Road. It would give them a looping that they would need.

Stuart Cavcey, 217 Heather Lane S, Columbia came forward. He spoke of the landscaping plan. The trees he felt were the main importance. The trees were to be of a 2" inch size and not small seedlings or twigs. There would be over 130 shade trees over the site he has recommended. Over 220 ornamental trees on that site in addition. He said it was important to the client that the green space #3 was their most important buffer between single family and the existing subdivision in the area. That buffer he congested with a great deal of trees; about two times the amount than he has in any other area to create a density that would be hard to see through. Green space #1 had an area that was 200’ long by about 100’ wide which is a recreation area for children -- soccer, baseball, football, etc. A place for them to play rather than around the water. Around the shelter houses and other areas he created shade trees for picnics and such. Mr. Van Matre said this was the landscaping plan they are proposing and willing for this plan to be part of the approval and mandated as part of the Conditional Use Permit process.

Commissioner Sloan asked how much park area would be in acreage? Tim Burnam spoke out from the audience and said approximately 3-4 acres.

Thomas Smith, 7405 Hwy VV N., came forward. He stated his property boarded the property on two sides being the south and the west. Van Matre asked how long had he be working on the plans with the Burnam’s. Mr. Smith said about three (3) weeks ago Gordon Burnam had come to the farm and spoke to him and his mom about the development. From what he told them, they did not have a problem with it as long as the buffer zones are put up and the entire landscaping and privacy fence is done.

Chris Burnam came forward. He said they knew it was a sensitive issue and tried being as sensitive as possible in talking to the neighbors, to the environment, and to the infrastructure needs. One point not addressed was the need for affordable housing in Boone County. Housing prices are escalating as fast in Boone County as anywhere else in the United States. He use to be a realtor about eight (8) years ago and homes being sold now, compared to eight years ago he is amazed. He stated in a five- (5) county area of Mid-Missouri he was told that this last year there were approximately 11,000 manufactured homes sold.

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

Mike Canole, 7401 N Hwy VV, addressed the Commission. He asked for the Commission to turn down the request. He gave copies of a 1998 report of crime calls (174) made to Mobile Village which is owned by Gordon Burnam. He did not know what to do about the crime other than to take care of those areas before allowing another park to exist. He said 30’ from his back door he would see the development. He had lived there for 41 years and is totally opposed to it. He is not saying that because he did not want to keep it from being developed. He said he had not talked to the Burnam’s. He stated mobile homes and rental type properties are usually the highest type calls to the police department. He asked the Commission to think hard before they would approve.

Gary Lenzinei, President of County Downs Home Owner Association (48 plus home owners), 501 Kensington, came forward. He wants their children and grandchildren to have a nice place to live in Boone County. He thanked Chris Burnam for coming out and discussing with the homeowners some of his plans. He could not downplay the negative social and economic impact this development would have on their community. He said the Homeowner’s Association had a bad experience and had to go thorough legal proceedings with Mr. Gordon Burnam to get some roads done which had been promised 15 years before. If regulations were set for the county of five (5) acres for a mobile home, why is this request being backtracked for less than five (5) acre tracts? His proposal would be for higher dollar, single family-permanent homes which will have better economic impact 10 and 15 years from today.

Scott Dunn, 7133 N Moberly Drive, came forward. He stated he lived just north of the septic tank lagoon system and did not mind the location. He wanted to reiterate some points and ask that the Commission deny the request. His first concern is safety. The crime statistics in mobile home parks have been shown. He does not condemn people for living in trailer parks; his parents lived in one when he was very young. He did not believe it was a viable housing solution for Boone County in the future. He was worried about the traffic problems that even in the report went from an "A" to a "B". He was pleased to hear the Commission had been out to see the area in question. Second concern is lost investment to the neighborhood, which goes against criteria No. 3 of the tests for a conditional use permit. He would not have bought a house out there if there were a trailer park next to him. If he had known last year this was even up for review he would not have bought. He and his girlfriend looked six (6) months for places throughout Boone County for a home under $80,000. He thought he would be loosing $10,000 to $15,000 on his purchase price if this goes through over the next five to ten (5 to 10) years. In a recent article in the Columbia Daily Tribune that mentioned the razing of trailer parks, the last paragraph states, "never lease property, why not buy." It takes $3,000 to $7,000 to move a trailer. If the 1996 or newer trailers are moved at an average cost of $4,000, then with the interest rates they could buy a house that fits their criteria for $35,000 with rental of 10 years at $200. /month. That averages that they have spent $53,000 and what have they maintained? A trailer that is 10 years old that is worth basically nothing. No land, no property where if the land had been bought they would at least have a place to build or even replace the trailer again. Windy Point offers 100 units. If the duplexes rent out at $400/month; that is $40,000/month. They may have spent $50,000 to get to tonight’s meeting but that is one month’s salary from rentals. If the trailer slots were $200/month at 103 units then it would be $20,600. Almost a quarter of a million dollar in a year ($247,200.). Combine this with the other units it would be $750,000 a year. While the other residents of single-family dwellings have to put up with the crime, violence, noise and the trailer park. Third point would be the loss of community within his neighborhood. He sees the other neighbors and many are putting in construction materials for their homes. The 4th of July was the most intense 4th he had ever spent. Everybody walked around and enjoyed the neighborhood. Where Burnam’s rental units in Bon Gor Lake Estates are now is where they see all the cars, all the crime. He did not want to see a Pottersville built in their community.

Greg Wolff, 6550 W Creasy Springs, came forward. He represented the neighborhood known as the North Creasy Springs Association (20 residents). Their neighborhood just became aware of the request yesterday and the members did not have a chance to plan on attending the meeting tonight. Most of their residents live on 10 to 20 acres living approximately only three (3) county blocks from this development. All of his conversations with the neighbors resulted in negative comments. Not one was in favor of this development. Their issues would be the traffic, concerns of property value, pollution, noise, and crime of course. On behalf of his association he ask the Commission to deny the request.

Alice Havard, 6451 N Creasy Springs came forward. She lived across the street from Greg Wolff. She was concerned about the children and the impact on the Derby Ridge School District. She called the school district and they have 626 students enrolled in Derby Ridge School. More children are housed out side in trailers than there are children inside the school building. What would we do with the children? She wanted to applaud Mr. Burnam’s decision to upgrade the sewer facilities if the development goes through.

Larry Luther, 7200 Wade School Rd. came forward. He has lived there since 1970. He stated that on the traffic study there was no mention on the impact of Wade School Road. He said that as one of the conditions that Cunningham Dr. was to be widened to a collector width. Wade School Rd. varies from 20’ to 19’6" in width at the points he has measured. At the end of Cunningham Dr. it would empty at the trailer park location. The road is rounded and the ditch is sometimes as much as five (5’) feet deep and at this point with the development in the area it is dangerous to go out and get the mail. Wade School Road would likely be one of the more major streets to fill and empty the trailer park. It would really be nice to see a 16’ wide trailer come up a 19’ wide road. It’s dangerous and there is no room for any more traffic. The speed limit is ignored. Under the categories or conditions to grant the CUP this will create a danger on the roadways in the area, which he feels is grounds for a denial.

Stormwater drainage has not been addressed. He has spent hundreds of dollars trying to control this just for his yard. More asphalt for the 4-plexes, providing parking for 8 cars and room to turn around. It will create a burden on the stormwater running down stream. They do not walk anymore because they have had to jump into the ditch a lot of times. There is a traffic danger and this is going to increase the danger. It is zoned R-S and people there expect R-S development, not a trailer court. Trailers go down hill; they do not go up hill. If this is approved he would have to move on and he is too old for the hassle.

Karen Richards, 7401 N Hwy VV came forward. Her concern was the increase of traffic. Every morning when she goes to work there are children standing on the Highway VV waiting for the bus. There is a lot of traffic going through. The busses may go into the development to pick up the children but the families on VV do not have that luxury or protection. The children will be picked up at the road on Hwy VV. Second, she realized there was a city regulation not to allow mobile homes over 10 yrs. old to come in. She was concerned of the years, any size and even RV’s. What about animal control, speed regulations inside the park.

Mr. L. Hart, 7701 Wade School Rd. came forward. He moved down from Iowa and he had never seen a cess pool or rarely seen a trailer or mobile home prior to moving here. He is raising three (3) children and is completely against the development. If he had wanted to move into town he would have bought a place in town and not in the country. If there is such trouble in treating the sewage now, why do we have to wait for the new development to do anything about it? If it is a 10-acre lake and there will be 25 lots on each side, when do you say when to development? It seems like a crowed and cramped situation.

Scott Searles, 7709 Chesley Dr., President of County Downs Subdivision came forward. He did not hear any member in favor of the request. Mainly they were afraid of the loss of property values and of the road problems. He did not want a high density area because it would create a precedent.

Robert Curnuthe, 5444 N Pitchfork Place came forward. He spoke in favor of the request. He stated he would put any manufactured home area against any other area. He assured every one that there was a need for this type of development and wanted to encourage the Commission to approve the request.

Carol Clark, 7012 Moberly Drive came forward. Her property backed up to the development When she leaves for work she exits off Mauller. She was concerned regarding the traffic and the intersection of Moberly, Mauller and Hwy VV where the visibility is poor. In the last five- (5) years, there have been 25 accidents at this location according to Sheriff’s Department records. The road is narrow and unmarked. She said the road studies were done during the summer days. How had they accounted for the bad weather from November through March when the accidents mainly happen. There had been times she could not even go to work because the road had been blocked because of an accident. She was also having property line problems because the road would encroach on her lot. She was concerned for her quality of life.

Darrell Davis, 6965 Hwy. VV came forward. Mr. Davis stated he had been in front of the Commission asking for the rock quarry not to expand out his back yard but the request went through. Now this trailer park request was out his front yard. He was concerned with the traffic study. He spoke about the creditability of Burnam. They will get by as cheap as possible. The traffic problem was a big thing. Half of the wrecks end up in his yard. And if the wastewater is approved, it will go through him.

Cindy Lochhaas, 7501 N. Hwy VV came forward. She said the proposed site adjoins her on two (2) sides. Her first concern was the increased crime possibilities. Second was how can putting in a mobile home park in a subdivision improve a subdivision? It will still end up as rental property. Third the trailers will be within 25’ of her own property line. She wanted a bigger buffer area and to off set the fence into Windy Point property. The owner of the mobile home park should maintain the fence and not the developer, as the developer may sell the property after it is done. On her property she already had a problem with their barn, with people from the existing subdivision trespassing. They shut off the electricity hoping that would keep trespassers away. Fourth she noted there was a historical trail through the area and what was going to happen to it. Would it be developed over?

Danny Critchfield, 7650 W. Hwy VV came forward. He agreed with what Mr. Hart had said. Mr. Critchfield was concerned of the lower areas and of the wastewater. If planting the trees, would it take five (5) years for mature trees to grow or would it take even longer?

REBUTTAL

Mr. Van Matre and Chris Burnam came forward for rebuttal. Mr. Van Matre advised the county also reviewed the traffic studies. Van Matre asked the minimum requirements for mobile homes as set forth in the covenants? Mr. Burnam said the minimum size requirement will be 16’x 60’ (960 sq. ft.) and not earlier than 1996. The spacing between each of the homes is much larger than other areas require. The minimum lot requirement was 40’ x 130’. There were also larger lots that will accommodate up to four (4) homes. They had restricted any out building or yard barns. They will be constructing storage areas that would service four (4) homes. A 20’ x 20’ structure split four (4) ways.

Mr. Burnam continued that other restrictions in the covenants would require that trailers be constructed on a permanent foundation and be owner occupied. Target market was retired people. All of the homes would have paved, two car parking in front of each pad. Mr. Van Matre read off some of the restrictions being no outside pets will be allowed. No on street parking, no boats on the lake can have gasoline engines, boats stored inside architectural approved structures, restrictions on fertilizer, signs are restricted, no nuisance, no exterior wires or satellites, satellite dishes have to be approved by the Architectural Control Committee. No more than two dogs and 3 cats in any residents. Van Matre said it goes on and on for 77 pages in the covenants to maintain the quality of the neighborhood.

Commissioner Smith asked who would enforce the covenants? Mr. Van Matre said there were 20 pages for enforcement language for the Neighborhood Association. Smith asked if they could also change the covenants? Van Matre said it would have to be approved by 2/3 of the owners who own their own lots. Mr. Burnam said he was going to have the existing apartments he owns in Bon Gor Lakes (100 apartment units) to be bound by these same rules. The fees generated by the covenants are such that there should be approximately $5,000 per year of dues that would largely be paid by his company.

Van Matre asked about the storm water drainage? Mr. Burnam said he was not an engineer but he showed on the drawings that the run off was to be into the lake.

Mr. Burnam said unless he can sell all of the 150 single-family lots it will not be a profitable venture. Look at the overall density, their challenge is the need to put in enough infrastructure and replace the existing sewage lagoons. They also have agreed with the County to improve the intersection of Hwy VV and Mauller Road. The engineers recommended a left hand turn lane out of Mauller to go north on Hwy VV and they are including a left hand turn lane in the plan.

Chairman Kirkpatrick confirmed there would be 104 mobile home units to be held by Windy Point L.L.C.. These lots will be "land lease?" Burnam agreed. Kirkpatrick continued and asked if the land lease tenants would be part of the Home Owners Association? Burnam agreed but added that they would be non voting members as he will be the owner of the lots. Kirkpatrick asked if the six duplexes or four four-plex also be part of the association. Burnam said there will be 142 (Windy Point and Windy Point East) members of the association. Mr. Burnam continued that in the covenience they have restricted their vote rights not to over whelm any future association. Chairman Kirkpatrick asked how they were going to restrict their own rights holding the vast majority of the development. Won’t that mean the developers will dictate the actions of the Home Owners Association? Mr. Burnam did not know, he said Mr. Van Matre would have to look into that. Mr. Burnam thought that for each dwelling he got ½ a vote. Chairman Kirkpatrick said that prior to selling a significant number of lots, they could change the covenants. Mr. Burnam said that was absolutely true, but he thought that part of the CUP was the covenants.

Chairman Kirkpatrick asked if this was correct. Director Shawver stated that the covenants were placed into the record at the first of the hearing. Apparently it is the applicant intent to make the covenants a binding part of the CUP.

Chairman Kirkpatrick asked if the covenants were to be changed, what would the process be? Director Shawver advised that if CUP were approved, including the covenants, any change to them would require a new hearing before the commission. However, Mr. Shawver had not discussed this with legal counsel.

Commissioner Sloan said there were 104 mobile home units; and four 4-plexes (16 units) plus six duplexes (12 units) totaling 132. With ½ vote per lot for the developer 61 votes and the other owners would have 142 votes if it was all developed, was that correct. Mr. Burnam agreed.

Commissioner Sloan wanted to address the mobile homes vs. manufactured homes and what the development would look like. Mr. Burnam said he patterned this off several developments in Florida. Mr. Burnam said that about 25% of the total manufactured home lots are reserved for the double wides.

Mr. Burnam said the typical process would be for some one to come in and make an application. They would then do a background screening, credit checks and references. If application continues, then the trailer would be inspected and if not approved they would not get the lot. Commissioner Sloan asked what the lots would be leased for? Mr. Burnam said their target rent is $190. plus water and sewer charges. Mr. Burnam said some units could cost $50,000 to $60,000. Commissioner Sloan said she had seen them for over $100,000, so she was familiar with manufactured housing. A lot of them are even better than some site built homes. She was asking these questions because perhaps the people did not understand this is not a trailer park of the 50’s, 60’s or even 80’s. If they could envision something other than that, then maybe they would not be so adamantly opposed to the look of the area.

Commissioner Sloan asked staff about the traffic study and if county had looked at it? Thad Yonke said Scott Bock from County Public Works and their representative from the traffic consultant-engineering firm that reviewed the traffic study were present to give their own report.

Scott Bock, Staff Engineer for County Public Works said in the original analysis of Windy Point there were some concerns. Public Works sent the plan to the consulting firm of Bucher, Willis and Ratliff. They are the traffic engineers that reviews traffic plans for larger developments for Boone County. When they finalized their review they returned a critique which was forwarded to the applicant. They consolidated the report along with their production. Finally, a meeting with Marshall Engineering, Burnam’s traffic engineer (Shaeffer, Cline and Warren), Booker, Willis and Ratliff and county Public Works was held. The analysis showed that most of the traffic would want access to Hwy. VV as a general rule.

Commissioner Sloan asked if that meant that the safety issue would be addressed. Mr. Bock said some off site improvements will be required which will result in the end condition we all are looking for. Commissioner Sloan asked at whose expense would these improvements happen. Mr. Bock said it would be at the expense of the developer.

Commissioner Sloan said that one of the staff recommendations was the privacy fence. Mr. Yonke said as far as the six (6’) foot fence, they felt the fence would meet the protection of their property.

Commissioner Sloan asked staff if the lady that spoke regarding loosing her trees and property would be taken out what might have happened? Mr. Yonke said it would not effect any existing property that is actually her property. There are a couple of road stubs that have been dedicated that fall between lots and sometimes the residents assume that is their side yard when in reality it is dedicated right-of-way that has never developed. Developers are not allowed to use other than public right-of-way or their own property for access.

Chairman Kirkpatrick asked if the covenants had an expiration date? Mr. Van Matre said there was a mechanism where he likes to set them up to run for 20 yrs. and automatically renew for 10 yrs. unless 75% want to rescind them.

Commissioner Smith asked if any consideration was done for the Boone Slick Trail? Mr. Burnam said he was surprised it was even around in that area since it had always been an alfalfa field. He did not know what needed to be done. Mr. Yonke said if the trail was continued across the Lochhaas property it would have had to cross this property. It would project to where Cunningham Road falls he believes.

Commissioner Smith said a lot of what was proposed sounds great. She was supportive of the wastewater treatment improvements and the community was planned, but what she kept stopping at on the criteria was #2. She read… "CUP will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted by these regulations." If the people who spoke tonight represented all in their associations then there are hundreds of people who say it would definitely effect the enjoyment of their property.

Mr. Van Matre stated that such a criteria would not hold water. Otherwise no development would ever be allowed because the people already there would always oppose any new development. Such a requirement would amount to a "taking" under the law and would not be legal.

Director Shawver asked to clarify a point at the risk of disagreeing with Mr. Van Matre. The request under consideration is a Conditional Use Permit and Planned Development Review Plan. It was not a subdivision that they are considering; they are considering a Conditional Use Permit. If a subdivision comes before the commission and meets all the requirements the commission is bound to approve it. However, this development includes a land use which requires a Conditional Use Permit. Conditional Use Permits must satisfy specific tests for approval that are listed in the zoning regulations. These tests have been a standard since 1973. While several conditional use permits have been challenged in court, there has never been a finding that any of the tests constitute a taking. That is the difference between a subdivision and a conditional use permit.

Chairman Kirkpatrick stated that #3 of the criteria bothered him more…"The conditional use permit will not substantially diminish or impair property values of existing properties in the neighbor hood."

than item #2.

Commissioner Fugit asked about the new sewer that would be turned over to the Regional Sewer District. He asked if they were building in a much larger capacity? Mr. Burnam said they are talking to the county about it. They are asking the county for a possible cost sharing. Bill Marshall came forward and said they had looked at what could be done but nothing had been decided. Mr. Burnam said he was unwilling to go further with other engineering reports or expenses until he knew there was approval for his development.

Commissioner Sloan said that as she looked out at the audience one of them had brought up a point. He had mentioned being here before regarding the quarry. He felt that the commission had not been fair to him. She said she did not feel any of the members of the commission were against anybody in the audience. She was happy that Pat Smith joined the commission and she has done a good job representing this particular township. Pat replaced Joe Falco on the commission who had been on the commission for many years. But when he moved out of the district, it created a vacancy. The opening was vacant for a substantial period of time from his resignation and Pat being appointed. Commissioner Sloan said that this was an exercise in why they should get involved. They would probably make good members of the commission. So when they see opening on different boards or commissions she urged for them to apply and then help make the difficult decisions. The Commission tries to be fair, equitable and please as many people as they can. She wanted to assure the public if the request was voted in favor or against it is not a personal issue. She urged them again to get involved and be a part of the process. Chairman Kirkpatrick agreed with Commissioner Sloan and added that she said it very eloquently.

Commissioner Morgan asked about the petition. One person signed the petition to approve the request and the same person signed against the request. Mr. Burnam said yes, he was aware of that.

Commissioner Sloan made and Chairman Kirkpatrick seconded motion to approve the request by Windy Point Partners, L.L.C. for a permit for a mobile home park as a component of Windy Point Planned Development, located at 301 W. Mauller Rd., Columbia with staff’s recommendations

Mary Sloan yes Keith Kirkpatrick no

Darin Fugit no Pat Smith no

Mike Morgan no

Motion failed. 1 yes 4 no

* * * * *

Commissioner Fugit made and Commissioner Morgan seconded a motion to DENY request by Windy Point Partners, L.L.C. for a permit for a mobile home park as a component of Windy Point Planned Development, located at 301 W. Mauller Rd., Columbia.

 

Darin Fugit yes Mike Morgan yes

Keith Kirkpatrick yes Pat Smith yes

Mary Sloan no

Motion to DENY was approved. 4 yes 1 no

* * * * *

Commissioner Fugit made and Commissioner Smith seconded a motion to deny request by Windy Point Partners, L.L.C. to approve a Review Plan for Windy Point Subdivision, located at 301 W. Mauller Road, Columbia.

Darin Fugit yes Pat Smith yes

Keith Kirkpatrick yes Mary Sloan yes

Mike Morgan yes

Motion to deny was unanimous. 5 yes

 

* * * * *

Commissioner Fugit made and Commissioner Morgan seconded motion to deny request by Windy Point Partners, L.L.C. to approve preliminary plat for Windy Point Subdivision, located at 301 W. Mauller Road, Columbia.

Darin Fugit yes Mike Morgan yes

Keith Kirkpatrick yes Mary Sloan yes

Pat Smith yes

Motion to deny was unanimous. 5 yes

The hearing was recessed for 10 minutes.

 

REZONING

None Submitted

 

PLANNED DEVELOPMENTS

  1. Request by Windy Point Partners, L.L.C. to approve a Review Plan and preliminary plat for
  2. Windy Point Subdivision, located at 301 W. Mauller Road, Columbia.

    See Conditional Use Permit (first item on the agenda)

     

  3. Request by George Godas to approve a revised Review Plan for Godas Leatherwood Center

located at 1601 W Rte. K, Columbia.

Thad Yonke gave staff report stating that this proposal is a review plan for a commercial development. Located at the intersection of Old Plank Road and State Route K just north of where Maple Meadows Drive comes off State Route K. The site is located approximately 2100’ south of the Columbia City Limits. The property is currently zoned R-S (residential single family) which is the original 1973 zoning. A tentative rezoning to C-GP was approved in December of 1993 that will not go into effect until both a review and final development plan are approved for the property. A previous review plan approved December of 1993 for the property was approved; however, this review plan expired in December of 1997. Adjacent zoning to the north, northeast, east and south of the proposed development is zoned R-S and these are original 1973 zonings. Property to the southwest, which is Maple Meadows Subdivision is zoned R-S PRD. This zoning went into effect with the approval of a final development plan in October of 1995. Property to the west is zoned R-M (residential moderate density) and is the location of Cedarbrook subdivision. This property was rezoned in December of 1976 from A-2 (agriculture). The property to the northwest is zoned C-N (neighborhood commercial) and was rezoned from R-S in July of 1975. The current proposed review plan contains 5.16 acres. A multi-use plat will be required for this property. It is within the Columbia School District. Consolidated Public Water Service District #1 will provide water service. A 6" waterline exists along State Route K. The water district also has plans to extend a 12" line down towards this development from Bethel Road in the near future. Fire hydrants will be required and will have to meet fire & water district approvals. The actual requirements will vary based upon the actual size, uses, and construction methods proposed for the structures. Sewer service is proposed to be from the BCRSD Cedarbrook/Leatherwood Hills facility. There is no available capacity at this facility to accommodate this development. However, this facility is being up-graded for another development and the sewer district is participating in this up-grade to establish some level of excess capacity. It is a portion of this excess capacity that this development is proposing to secure and use. The driveway connections to State Route K will need to be approved by the Missouri Department of Transportation, at this point we do not know if the locations as shown will be acceptable to MODOT. Public Works has concerns on the spacings and locations of driveways onto Old Plank Road. The 10’ utility easement shown along the proposed additional ROW along both Old Plank Road and Route K needs to be increased to 20’ by request of the utility companies. This is a mandatory requirement. The applicant has asked for all uses of a C-G district. This commission may wish to look at restricting certain uses, or at a minimum, requiring those uses listed as Conditional Uses in a C-G district be required to obtain a conditional use permit. The proposal rates 81 points on the point rating scale.

If this commission feels this plan is appropriate for the area, then:

Staff recommends approval subject to the following conditions.

  1. That a multi-use plat be submitted with any final development plan.
  2. That the sewer district approves the sewer proposal, and that a guarantee of capacity be secured by this development by the developer.
  3. That the entrances onto Old Plank Road are approved by BCPW and be designed and located to BCPW standards.
  4. That some form of documented approval for the location of entrances onto State Route K is provided before, or at the latest with, the final development plan submission.
  5. That a landscaping plan, erosion control/stormwater plan and a traffic analysis each acceptable to this commission be required to be submitted with any final plan.
  6. That since all uses of the C-G have been specifically requested, that those uses that are conditional uses be required to obtain conditional use permits.
  7. That the commission consider whether or not some of the specific uses listed as permitted uses and or conditional uses should be prohibited outright.
  8. That the pump islands be pulled back so that they do not encroach into the 20’ utility easement.

Tom Schneider, attorney at 11 N 7th Street, addressed the Commission on behalf of the owner. He said Mr. Godas was present along with Bill Crockett on the project if there were other questions. Mr. Schneider stated the first five- (5) items on the staff conditions were appropriate. He would like to comment on two of them. With respect to the sewer issue, it is correct the applicant is working with the Regional Sewer District in terms of a solution. He stated that concerning number four (#4) documentation from MODOT concerning the acceptability of driveways can be shown as they were meeting with MoDOT. He stated it was appropriate. Regarding number six (#6) general commercial uses, the applicant would not pursue different permitted uses in that zoning due to the pyramid. Agricultural uses would be inappropriate, as would an automobile repair shop.

With respect to the 20’ utility easement requested by Consolidated Water District No. 1, it was noted that this was a mandatory requirement. He continued that there has been a great deal of shrinkage on the property due to various easement and right-of-way actions. Consolidated Water district No. 1 would like to have a 70’ encroachment, which would seriously effect the size and location of the building at the west end, which is proposed as a convenience store at this point in time. He was asking that instead of making it a condition of the approval for the review plan, the issue should be left open so that in the future if there is a multiple use – such that platting would be required, that at least a variance could be considered. It was his understanding that the county standard for utilities is ten feet (10’). If the county can live with that, why can’t the water district? It would cause a very severe impact on this development of the property on the North side.

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

Chairman Kirkpatrick stated he agreed with staff on #6.

Chairman Kirkpatrick asked staff for a response to #8. Mr. Yonke stated that when platted, as will be required for this development, that the 10' utility easement as shown along both Route K and Old Plank Road will need to be a 20' utility easement and the review plan should be modified to reflect this condition. The subdivision regulations state in Appendix B section 7, subsection 7.1, that " Utility easements including easements for future use shall be required as deemed necessary by the utility service providers and a minimum of a ten (10) foot utility easement shall be provided along all roads and streets." Since CPWSD#1 has requested a 20' utility easement along the roads rather than the shown 10' utility easement we have no choice under the regulations but to require it when the development is platted. All construction and structures will need to be out of any easements or ROW. Since a plat is required staff wants the review plan to take into account this aspect so there is no confusion as to placement of the structures with respect to the known standards to which the plat and development will have to conform. The 10' standard mentioned in the regulations is merely a minimum width to use if no utility provider requests a larger one.

Commissioner Morgan made and Commissioner Smith seconded motion to approve the request by George Godas to approve a revised Review Plan for Godas Leatherwood Center located at 1601 W Rte. K, Columbia with staff recommendations as amended.

Mike Morgan yes Pat Smith yes

Keith Kirkpatrick yes Darin Fugit yes

Mary Sloan yes

Motion to approve was unanimous. 5 yes

  1. Request by Harold and Wanda Cunningham to approve a Final Development Plan for

Ponderosa Planned Industrial Development located at 5495 S Ponderosa St., Columbia.

Thad Yonke gave staff report stating that this property is located on Ponderosa Street, off of the west side of 63 south, immediately south of Prairie Meadows Estates and north of Williams Brother’s tank farm. The final plan shows Lot 2 of Ponderosa Subdivision and contains 4.55 acres. The current zoning on this tract is split between R-S (Residential Single Family) and C-G (General Commercial). Property to the south-southeast, the site of the tank farm, is zoned M-L (Light Industrial) backed up by a strip of C-G. To the south of the subject property the land is zoned R-S. Land to the west, which includes Prairie Meadow Estates, is zoned R-M (Residential Moderate Density). Adjacent land to the north is zoned C-G and R-S. The land to the north across Highway 63 is zoned A-1 (Agriculture). These are all original 1973 zonings. A review plan and tentative rezoning of this property to M-L was approved with conditions in June of 1999. When a final development plan is approved the zoning will go into effect. This property is currently the site of a roof truss manufacturing business, this use is currently a zoning violation, and with approval of this final plan the approval will bring the use closer to being in compliance with the use provisions of the zoning ordinance. This site is split between the Columbia Public South and the New Haven R-2 School Districts. Water is provided by Consolidated Public Water District No. 1. Boone Electric provides electric service. The final plan shows a single tract with 2 structures on it. Sewer service is proposed to be from an on-site commercial wastewater system, which will need to be approved by DNR. DNR approval should be required prior to any additional permits being issued for the property. Fire hydrants and flows will be required to meet fire district approval. The use of this property will be limited to the truss manufacture since that is all the applicant has requested, had other or alternative uses been desired the applicant would have had to request them. Any change in use will require a new review and final plan. The proposal rates 55 points on the point rating scale.

Staff recommends approval of the final plan with a restatement of the remaining applicable conditions of the approved review plan:

  1. That DNR approval of the wastewater plans and system is obtained prior to any issuance of any permit on the property.

2.That the development meet fire district requirements for commercial/industrial uses as a condition of approval and that use or continued use of the property without this approval be considered a violation of this condition.

Dan Brush, Brush and Associates, 506 Nichols, Columbia and owner Harold Cunningham approached the Commissioners. He would be happy to answer any questions they would have.

Chairman Kirkpatrick asked if the applicant understood it could only be used for truss manufacturing? Mr. Cunningham agreed.

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

Commissioner Smith moved and Commissioner Morgan seconded motion to approve the request by Harold and Wanda Cunningham to approve a Final Development Plan for Ponderosa Planned Industrial Development located at 5495 S Ponderosa St., Columbia.

Pat Smith yes Mike Morgan yes

Keith Kirkpatrick yes Darin Fugit yes

Mary Sloan yes

Motion to approve was unanimous. 5 yes

 

  1. Request by Craig and Michelle Simon to approve a Final Development Plan for

Tower Industrial Park, Lot 5, located at 1715 E. Prathersville Rd., Columbia.

Thad Yonke gave staff report stating that this proposal is for a final plan on Lot 5 of the final plat of Tower Industrial Park. The site is located north of the Columbia City Limits on the north side of Prathersville Road and approximately 1/4 mile west of the Highway 63 North’s Prathersville interchange. The property is currently zoned R-M (Moderate Density Residential) which is the original 1973 zoning. A ML-P (Planned Light Industrial) request for this property has received tentative approval pending a Final Plan submission and approval. With approval of this Final Plan the zoning will change only on Lot 5. Adjacent zoning to the north, south, and west is R-M which are also original 1973 zonings. Zoning to the east is C-GP (Planned Commercial) which was rezoned from R-M in 1994. The Final Plan contains 7.51 acres. It is within the Columbia School District. The extension of Tower Drive, which will provide access to Lot 5 will need to be built to county commercial road standards. Water service will be provided by the City of Columbia. Since sewer and water service will be from the City of Columbia a pre-annexation agreement requiring the meeting of all city standards will be required, and is in fact in effect. Additionally, the city has indicated that the 6" watermain in the area will need to be upgraded to provide the proper amount of water for the development. The responsible departments of the City of Columbia will need to approve all applicable, plats, plans, site diagrams, including the Landscaping Plan prior to issuance of a building permit for the site and in some instances prior also to issuance of occupancy. The proposal rates 71 points on the point rating scale.

Staff recommends approval.

Ron Shy, Allstate Consultants, P.C., 3312 Lemone Industrial Blvd. Columbia came forward. He said that staff report was very accurate. This was identical to lot 5 as to what was seen on the review plan.

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

Commissioner Fugit made and Commissioner Smith seconded a motion to approve the request by Craig and Michelle Simon to approve a Final Development Plan for Tower Industrial Park, Lot 5, located at 1715 E. Prathersville Rd., Columbia.

Darin Fugit yes Pat Smith yes

Mike Morgan yes Mary Sloan yes

Keith Kirkpatrick yes

Motion to approve was unanimous. 5 yes

 

 

PLAT REVIEWS

  1. Hancox Plaza, Plat 1. C-GP. S8-T49N-R12W. Nichols Properties, L.L.C., owner. Bill R. Crockett, surveyor.
  2. Thad Yonke gave staff report stating that this 1 lot final plat is the first final phase for the development and encompasses Lot 1 and a section of adjoining road to become a new county road. The site is located at the south east corner of State Highway HH and Route B. The site is ½ mile north of the municipal limits of the City of Columbia. The area being subdivided contains 2.19 acres. The area shown as Lot 1 is zoned C-GP (planned commercial) since a final development plan has been approved for this area. The original pending rezoning and conceptual review plan for the property was approved in August of 1989, while the final development plan for Lot 1 was approved in July of 1998. All of the surrounding property is zoned A-2 and is the original 1973 zoning. The remainder of the property contained within the conceptual review plan has a pending C-GP zoning but this will not take effect until revised review plans and a final development plan is approved for the property. Water service will be provided to the site by Public Water District #4. There is currently a 12" waterline on the east side of Route B. 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 a DNR collector system that is on proposed Lots 2 & 3 of the preliminary plat. A portion of new public road is proposed as part of this plat. The proposed name of Huntington Drive has been denied because it is being held for another development. A new name acceptable to JCIC will need to be approved and put on the original plat prior to signature by the chairman. Temporary turn around cul-de-sacs will be required at the end of the stub street as will full construction of the area contained within this final plat. A traffic waiver has been requested. This plat has 74 points on the point rating scale.

    Staff recommends approval along with the granting of the waiver for traffic analysis.

    Bill Crockett, Crockett Engineering, 2608 N Stadium Blvd, Columbia addressed the Commission. He wanted to clarify that there was a fire hydrant on site. The street name was revised as late as 4:00 p.m. this afternoon but it will be taken care of.

    Commissioner Sloan made and Commissioner Fugit seconded a motion to approve the plat of Hancox Plaza, Plat 1 with staff recommendations.

    Mary Sloan yes Darin Fugit yes

    Keith Kirkpatrick yes Pat Smith yes

    Mike Morgan yes

    Motion to approve plat was unanimous. 5 yes

     

  3. Windy Point East, preliminary plat. R-S. S14-T49N-R13W. B-Sib, L.L.C. owner.

Timothy D. Capehart, surveyor.

Thad Yonke gave staff report stating that this proposal is for a preliminary plat of a 100 lot subdivision. The project is located at the immediate Northwest corner of Mauller Road and Highway VV. The development is also immediately East of the PRD proposal for Windy Point and is interconnected by proposed road connections. The site is located approximately 2 miles North of the Columbia City Limits. The property contained within the proposal is currently zoned R-S (residential single-family) and is the original 1973 zoning. Adjacent zoning to the North, South, & West of the proposed development is R-S. Property to the East, across Highway VV is zoned A-R (agricultural-residential). All surrounding zonings are original 1973 zonings. The current proposed preliminary plat encompasses approximately 49.1 acres. The development is within the Columbia School District. The development is within Water District #7 and a note on the plan indicates service will be provided by Public Water Service District #7. Water infrastructure extensions and up grades will be required for this development and the costs of these are the developer's responsibility. Additionally, part of the proposed project was to eliminate the small water service system that serves Bon Gor Subdivision by bringing it up to standards acceptable to Water District #7 and turning it over to them. Fire hydrants will be required and will have to meet fire & water district approvals. The actual requirements will vary based upon the actual size, uses, and construction methods proposed for the structures. Sewer service is proposed to be from the BCRSD. The developer has proposed eliminating the existing lagoon facility at Bon Gor by replacing it with a new facility to serve this development and the existing structures in Bon Gor. The BCRSD will need to approve any sewer proposal. The distance between Highway VV and the parallel road West of Lot 35 is somewhat tight as shown but this issue will be worked out with Public Works and County Planning when the exact distances are known as part of the Final Plat. A note has been added to this preliminary to reflect that the actual design will be required to be acceptable on the final plat. There are a number of off-site road improvements that will be required as part of this development to mitigate traffic impacts of the development itself. Additionally, the main access point onto Highway VV may not meet the County Road Standards. Again this is covered by the road note under "utilities" on the plat. This area will be redesigned or improvements made to satisfy Public Works at the time of final platting. Off-site improvements have been identified by County Public Works in conjunction with both the Public Works consulting traffic-engineering firm and the developers consulting traffic engineer’s traffic analysis. Improvements to Mauller Road are required, as are improvements at the intersection of Mauller Road & Highway VV. The exact nature of these improvements will need to be worked out with Public Works when the engineered plans are submitted and any redesign has been approved. Sidewalks are required throughout the development. A portion of the Boone’s Lick Trail may be near and or be contained within the development area. The commission should assess the impact of this development with respect to the trail and any related historic assets. The master plan does show this area as suitable for residential development. The proposal rates 64 points on the point rating scale.

Staff recommends approval of the preliminary plat subject to the following 3 conditions.

  1. All off-site road improvements to Mauller Road, improvements at the proposed main entrance at VV, and improvements to the intersection of Mauller Road and Highway VV including left turn lanes be designed, built, and approved by BCPW as a condition of approval.
  2. That final plats submitted can be required to include ROW stubs and common areas such as park space or any other area or lot contained within the development that the Planning Director feels is necessary for orderly and timely development.
  3. The main entry road at Highway VV and the south lot line of Lot 35, which comprises the distance between the ROW flanking Lot 35 be worked out to provide an acceptable distance to Planning and Public Works Departments at the time of a Final Plat.

Bill Marshall, Marshall Engineering & Surveying, 300 St. James, Columbia came forward. He said he recognized staff comments and had no problem.

Commissioner Fugit made and Commissioner Smith seconded a motion to approve the plat of Windy Point East, preliminary plat with staff recommendations.

Darin Fugit yes Pat Smith yes

Mike Morgan yes Mary Sloan yes

Keith Kirkpatrick yes

Motion to approve plat was unanimous. 5 yes

 

  1. Callahan Meadows. A-2 S36-T50N-R14W. Marvin and Carolyn Benthall, owners. Brian D. Dollar, surveyor.
  2. Bill Florea gave staff report stating that this property is located at the southeast quadrant of the intersection of Sweringen Road and Evert School Road approximately 3 ½ miles south of Harrisburg. The property is zoned Agriculture, A-2. The 18.84-acre tract was created by an administrative survey in August 1998 which also created 4 ten-acre tracts adjacent to the south.

    Each lot will have frontage on and access to a public road. Right of way will be dedicated for both Sweringen and Evert School Road by this plat. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

    Water will be supplied by Consolidated Public Water Supply District Number 1. Lot 3 can tap into a 6"main on Evert School Road. Lots 1 and 2 will have to tap into an existing line on the north side of Sweringen Road.

    On site wastewater systems will be used for sewage disposal. A plan showing a suitable location for an on-site system on each lot has been submitted. The applicant has submitted a request to waive the requirement to provide a cost benefit analysis.

    A significant portion of this site is within the Regulatory Floodplain. A floodplain study has been completed to determine the base flood elevations within the subdivision. Those elevations are shown on the plat.

    The project scored five points on the rating system.

    Staff recommends approval of the plat and waiver requests.

    Edward Dannewitz, of Dollar Surveying, 3 North Garth, Columbia, came forward. He recognized and acknowledges staff’s report.

    Commissioner Smith made and Commissioner Fugit seconded a motion to approve the plat of Callahan Meadows, with staff recommendations.

    Pat Smith yes Darin Fugit yes

    Keith Kirkpatrick yes Mary Sloan yes

    Mike Morgan yes

    Motion to approve was unanimous. 5 yes

     

  3. Lake of the Woods Center. C-G/C-GP. S10-T48N-R12W. Gary and Virginia Evans, owners. Nathan lacy, surveyor.

Thad Yonke gave staff report stating that this 12 lot preliminary plat is located at the immediate southeast corner of the intersection of Clark Lane, St. Charles Road, and Lakewood Drive and immediately north of Lake of the Woods North Subdivision/Muti-Use Plat. The property falls between St. Charles and the I-70 ROW at the Lake of the Woods exit. The site is 1/4 mile east of the municipal limits of the City of Columbia. The area being subdivided contains 16.42 acres. This property is zoned C-G, (general commercial) with the eastern-most portion zoned C-GP (planned commercial). The C-G is an original 1973 zoning; the C-GP portion was rezoned in 1994. A new review plan and final plan will need to be submitted for this portion, as the proposed layout does not comply with the existing review plan. The zoning to the west of the proposal, across St. Charles Road is C-G and is an original 1973 zoning. The property to the northwest, that of proposed Lakewood Mall Phase 1 is zoned C-GP. It was approved in 1996. The portion that is phase 2 is zoned R-M (residential moderate density) until the approval of a final plan. The zoning to the north is C-N (neighborhood commercial) rezoned in 1974 and R-S (residential single family) an original 1973 zoning. The property to the east is zoned REC (recreational) and is an original 1973 zoning. The property to the south between the proposal and I-70 is zoned C-G as is the western portion of the property to the south across I-70. The western portion across I-70 is zoned R-S with a pending rezoning to ML-P (planned industrial) pending a review & final plan approval. This property is subject to a pre-annexation agreement with the City of Columbia and as such is required to meet all City of Columbia standards and obtain city approvals in addition to still being required to meet the county standards. The responsible departments of the City of Columbia will need to approve all applicable, plats, plans, site diagrams, including the Landscaping Plan prior to issuance of a building permit for the site and in some instances prior also to issuance of occupancy. Water service will be provided by the City of Columbia. There is currently a 6" waterline along St. Charles Road. Fire hydrants will be required within this plat at spacings and with fire flows that will need to be approved by the water provider, fire district, and city fire departments. Sewage treatment is proposed to from a connection to the BCRSD facility that is being completed as part of the Pin Oak NID sewer project. The BCRSD requires a sewer availability study be submitted with or prior to any final plat for this property. A traffic study has been provided and reviewed by PW. There are a number of off-site improvements required to mitigate impacts of this development. The first of these is to improve the area at the proposed intersection of Texaco Drive and St. Charles Road by adding turn lanes or other physical improvements to either or both Texaco Drive & St. Charles Road to the satisfaction of the Public Works and Planning Departments. That the insufficient spacing issue of Texaco Drive and the entrances to the Lake of the Woods North development be addressed by eliminating one of the existing entrances, moving the location of Texaco Drive and vacating the existing entry access easement, or by some other means acceptable to both the Public Works and Planning Departments. Additionally, the road design of the proposal does not meet many of the PW standards. This issue needs to be addressed and possibly redesigned to the satisfaction of the PW and Planning departments. Lot 12 as proposed does not meet the subdivision regulations. Staff believes this issue can be resolved at the final plat or review plan stage since this lot falls within the planned area. This plat has 78 points on the point rating scale.

There are a number of issues that still need to be worked out, but Staff recommends approval subject to all the following conditions being imposed:

  1. That the road design and standards issues are resolved to the Public Works and Planning Departments satisfaction. If either department feels that redesign required to meet these criteria are significant, then a revised preliminary plat will be required to be submitted.
  2. That Lot 12 be incorporated into Lot 11, be added to ROW for Texaco Drive, be transferred and properly incorporated into the Putnam property, or some combination thereof, that is acceptable to the Public Works and Planning Departments satisfaction. If either department feels that redesign required to meet these criteria are significant, then a revised preliminary plat will be required to be submitted.

That it be realized that the C-GP portion of the plat must obtain approval of a review and final plan and that any approval of this preliminary plat is only applicable if the approved review plan is essentially the same as it is on the plat. A revised preliminary plat may be required if an approved review plan requires significant changes. This would be determined by the Planning Department.

Brian Herrington, Allstate Consultants, P.C., 3312 Lemone Industrial Blvd. Columbia came forward. He agreed with staff report. They had been working with Public Works to address the offsite traffic issue, and do plan to vacate the driveway easement to Putnam’s when the street is constructed to continue access to their property.

Commissioner Sloan made and Commissioner Smith seconded a motion to approve the plat of Lake of the Woods Center with staff recommendations.

Mary Sloan yes Pat Smith yes

Darin Fugit yes Keith Kirkpatrick yes

Mike Morgan yes

Motion to approve plat was unanimous. 5 yes

 

  1. New Town. R-S/PRD. S10-T47N-R13W. Nicholas Peckham, owner.

Gene C. Bowen, surveyor.

Thad Yonke gave staff report stating that this property is located 1 mile due south of the Columbia municipal limits, but travel distance to the city limits is 3 miles. The site is situated on State Highway K approximately 500’southwest of the intersection of Gateway Blvd. and Route 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 contained within this final plat was approved in July of 1998. The zoning for the area in the plat was A-2 (agriculture) and is now R-S/PRD (residential single family planned residential) and C-GP (planned commercial). The remainder of the development not included in the final plan area is still zoned A-2 until a final plan is approved for the remaining area. 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. The area contained within this plat is 5.27 acres. 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 water district will need an easement across the unplatted portion of the development to get to this phase unless the additional phases are approved prior to installation of the line. An additional issue to note is that this easement will need to be behind the additional portion of 50’ 1/2 ROW that will be required to be dedicated for Route K when this area is platted. Sidewalks and Fire hydrants are required for this development. Hydrants will need to meet Fire District requirements. The development will be within the Columbia Public School District. Sewer service is to be from a BCRSD facility being built by the developer and then given to the sewer district. A variance to the 3 to 1 width required by the subdivision regulations has been granted by the Board of Adjustments. A variance from some of the road design and construction standards has also been granted by the County Commission. Some additional variances appear to be required. This site has 76 points on the point rating system.

Staff recommends approval subject to the following condition:

Nicholas Peckham, 3151 W. Rte K., was present to answer any questions.

Commissioner Sloan made and Commissioner Fugit seconded a motion to approve the plat of New Town with staff recommendations.

Mary Sloan yes Darin Fugit yes

Keith Kirkpatrick yes Pat Smith yes

Mike Morgan yes

Motion to approve plat was unanimous. 5 yes

 

 

 

 

 

  1. Inscore Subdivision Plat 2. A-2. S17-T50N-R12W. Clifford and Alma Inscore, owners. Donald E. Bormann, surveyor.

Bill Florea gave staff report stating that the property is located on Robinson Road approximately ¼ mile south of the intersection of Robinson Road and Hwy 124, which is 2.5 miles east of Hwy 63. A request to rezone the property from A-1 to A-2 was approved by the County Commission April 27, 1999. A 15-acre tract north of and adjacent to the subject property was rezoned from A-1 to A-2 and then subdivided into three lots in 1997. The current proposal would add 5 lots.

All lots will have frontage on and direct access to Robinson Road. Right of way sufficient to provide a 33’ half width will be dedicated by this plat. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

Water will be provided by Public Water Supply District Number 4. Currently, the district has a two-inch water line along Robinson Road, which is fed by a 3-inch line along Hwy. 124. This plat will require a minimum 6-inch water line with fire hydrants meeting minimum spacing requirements. The new water line and fire hydrants must be installed prior to recording the plat.

A wastewater cost-benefit analysis has been submitted comparing the cost of a central sewer system to individual on-site systems. The analysis compared the cost of constructing a central sewer system against individual on site systems include maintenance for 20 years. The conclusion is that individual on-site systems will cost 50% of the cost of a central sewer system. The Boone County Health Department believes a central sewer system would be a better long-term approach to wastewater disposal. However, the Subdivision Regulations stipulate that the more economically feasible system should be allowed. The applicant is required to submit a plan showing the proposed location of the on-site systems.

The proposal scored 33 points on the rating system.

Staff recommends approval of the plat and waiver of the traffic analysis with the following conditions:

  1. Prior to recording, a six-inch water line with fire hydrants at locations approved by the Water District and the Boone County Fire Marshall shall be installed.
  2. The applicant shall provide a plan showing the proposed location of on-site wastewater

systems on each lot.

Don Bormann with Bormann Surveying, 101 N Allen St, Centralia came forward. He said the owner was taking care of dealing with the water district and assured him there was plenty of water for fire hydrants with a sufficient line. The water line is in the process of be upgraded to a six (6") inch line, it may happen this years, it may happen next year.

Commissioner Fugit made and Commissioner Sloan seconded a motion to approve the plat of Inscore Subdivision, Plat 2 with staff recommendations and waivers.

Darin Fugit yes Mary Sloan yes

Keith Kirkpatrick yes Pat Smith yes

Mike Morgan yes

Motion to approve plat was unanimous. 5 yes

  1. Van Arsdale Subdivision. A-2. S9-T50N-R13W. Robert and Sharon Van Arsdale, owners. Donald E. Bormann, surveyor.

Bill Florea gave staff report stating that the property is located on Hwy. 124, 2 ¼ miles west of Hwy. 63. The property is zoned Agriculture, A-2 which is the original zoning. The proposal is to create a two-lot subdivision to allow construction of a storage building with a residential unit. This is required in order to correct an erroneous family transfer. There is currently one single-family residence and a mobile home on the property. In May 1999 The Board of Adjustment granted a temporary variance to allow the mobile home and the site built home to stay on the same tract for a period of one year to allow time for construction of the residence on proposed lot 1.

Both lots will have frontage on and access to Rte. 124. There is an existing 60-foot right of way for 124. No additional right of way is being dedicated by this plat. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

The property is in the Public Water District 10 service area. There is minimum water service requirement for this plat.

On site wastewater systems will be used for sewage disposal. The current residence and trailer are served by a septic system. A plan showing an approved location for a lagoon on lot 1 has been submitted. The applicant has submitted a request to waive the requirement to provide a wastewater cost-benefit analysis.

A portion of the property is within the Regulatory Floodplain. The floodplain area is shown on the plat.

The proposal scored 27 points on the rating system.

Staff recommends approval of the plat and waiver requests.

Don Bormann with Bormann Surveying, 101 N Allen St, Centralia came forward. He said this one should not have happened. He wrote a family transfer while doing other things and wrote an erroneous description and ran a line through the existing house. Unfortunately the regulations do not contain a provision to allow that to be fixed other than going through something like this. He asked that something could be addressed in the Subdivision Regulations to cover this situation.

Commissioner Sloan made and Commissioner Smith seconded a motion to approve the plat of Van Arsdale Subdivision with waiver requests.

Mary Sloan yes Pat Smith yes

Mike Morgan yes Darin Fugit yes

Keith Kirkpatrick yes

Motion to approve plat was unanimous. 5 yes

 

 

 

 

 

OLD BUSINESS

Director Shawver gave report on items from the June 17th, 1999 Planning and Zoning meeting that went to the County commission on June 29th, 1999.

REZONINGS -

 

NEW BUSINESS

Annual election of officers

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 Smith seconded motion to re-elect the previous slate of Planning and Zoning officers for continuation of service.

Chairperson Keith Kirkpatrick

Vice-Chairperson Darin Fugit

Secretary Mary Sloan

Hearing no further nominations, nominations were closed.

Motion passed by acclimation.

 

ADJOURN

Being no further business the meeting was adjourned at 11:03 p.m.

Respectfully submitted,

 

 

 

 

Mary Sloan

Secretary

Minutes approved on this 19th, day of August, 1999.