BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, September 16, 1999

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

Present: Darin Fugit, Vice-Chairperson Columbia Township

Mary Sloan, Secretary Rocky Fork Township

James Green Cedar Township

Pat Smith Perche Township

Frank Abart Public Works Director

Absent: Keith Kirkpatrick, Chairperson Missouri Township

Mike Morgan Bourbon Township

Vacant Centralia Township

Also present: Stan Shawver, Director Thad Yonke, Staff

Bill Florea, Staff Noel Boyt, Staff

Commissioner Sloan made and Commissioner Smith seconded a motion to approve the minutes of August 19, 1999, meeting with no corrections.

Motion passed by acclimation.

Acting Chairperson read procedural statement.

CONDITIONAL USE PERMITS

NONE SUBMITTED

REZONING

Request by John R. Satterlee to rezone from R-S (Single Family Residential)

to R-M (Moderate Density Residential) on lots 58 and 59 of the replat of Sunrise

Estates Subdivision, and located at 640 N. East Park Dr., Columbia

Bill Florea gave staff report stating that this property is located in Sunrise Estates subdivision, approximately 2 miles east of Columbia. The property is zoned R-S (Single Family Residential). All of the surrounding property is zoned R-S. This request is to rezone two lots to R-M (Moderate Density Residential). There is an existing duplex on lot 58 that department records indicate was built prior to 1986. Records in the Assessors office indicate that the duplex was built in 1972. Earlier this summer, an application was submitted to build a four-plex on lot 58 and a duplex and four-plex on lot 59. The plans prepared by the engineers and architect for this project indicated that the zoning for these lots was R-M. The permit process requires plans to be reviewed for building code compliance first by a building inspector, who then authorizes the building clerk to accept a building permit application. After the permit has been accepted, the application is turned over to the planning staff to verify flood plain information, assign an address and check zoning. At that point it was discovered that lots 58 and 59 are zoned R-S. The owner was contacted and agreed to submit an application for rezoning. This property lies within the Columbia School District. Water is provided by Public Water District No. 9. Electric service is provided by Boone Electric Co-operative. These lots will be served by the Boone County Regional Sewer District. Staff notified 84 property owners about this request. The master plan designates this area as being suitable for residential land uses. The proposed use is consistent with the master plan. Staff notes the existing land use in this area in formulating their recommendation. There is a tri-plex on the lot north of lot 59. All of the lots south of lot 58 contain either duplexes or four-plex. Staff sees the in-fill of these two lots as being consistent with the existing pattern on the east side of East park Lane and so recommends approval of the request.

Stan Elmore, 4401 Old Mill Creed Road, Columbia came forward, and John Satterlee, 4800 Forum Blvd., Columbia, owner/contractor of the property was present. Mr. Elmore stated he was the previous owner of the property. He also did the engineering for the project. He owned the existing duplex on lot 58 and there was a water tower on the lot adjacent (lot 59). When the water tower was removed he purchased the lot from the Water District and planned to build on the property. Since then Mr. Satterlee purchased the property from him and he prepared plans for that. Mr. Elmore said some time in the past he had checked the zoning on the property. He said it was not with any of the current county employees and the answer was that it was zoned R-M. Half of the properties in the area are duplexes and half are four-plexes. He said somewhere along the line the R-M zoning stuck with the property. He presented photographs of the east side of the street. He also showed the plot plan showing the four buildings, the existing building and the three that are planned. He indicated that on lot 59 there is a duplex on the front of the lot that was 80% complete and a four-plex on the back of the lot that is 90% complete. The other lot has an existing duplex on it. Mr. Satterlee planned to build a four-plex behind the existing duplex, but had held off construction pending this request. He felt that had a request to rezone the property been made prior to any construction taking place, which probably would have received approval. It is unfortunate that this mistake was made and he felt that he should shoulder some of the blame for carrying the process up to this point.

Open to the public. No one spoke in support to the request.

Don Branaum, 7661 East Court Drive, Columbia addressed the Commission. He stated that he moved to Columbia in 1973, into a rental house. When it came time to purchase a home, they chose Sunrise Estates because of the quality of homes and the properties all had larger lots than ones in the city. They knew they had made a good decision when neighbors brought items from their garden and were very friendly in welcoming them. The subdivision is very community oriented. He has been there 24 yrs. and other neighbors have been there over 30 yrs. The current construction on East Park Lane threatens their values. They have concerns for the high density being built. They knew a four-plex or a duplex was going in, but those two structures take up the whole lot and there is no place to park cars. Mr. Branaum showed pictures of the larger lots in the area noting the grass on the lots. The garages are short and even with a three bedroom unit there is no storage. He thought four out of six garages would be used for storage and the vehicles would be parked on the street. The subdivision was not intended to have such a high density. The request would be for 12 families on two lots. There is no room for the kids to even play. There is a water and sewage issue. The subdivision had two lagoons that were supposed to be drained and pumped years ago and it is still not done. He was disturbed that the proper zoning was not discovered prior to the building permit being issued. He felt this was inconsistent with the neighborhood and asked for the rezoning to be denied.

Mr. Branaum asked if this request to rezone two lots; would it be possible to rezone just one and not the other? Director Shawver explained that only the applicant could amend a request.

That being the case, Mr. Branaum submitted a petition of 247 Boone County registered voters to deny the R-S zoning to R-M zoning of John Satterlee on East Park Lane. The petition was also opposed to any other multi-units/multi housing unites built on lots where other houses exist already. They want to protect the integrity of the subdivision. He felt the builder only cared about himself. The only way Mr. Branaum said they could put a stop to it is not to allow the zoning request. Maybe there was an honest mistake but he was skeptical about that. He felt the building were built on full knowledge that it was not properly zoned for and asked that the rezoning request be denied.

Dan Cornell, 740 E Park Lane, Columbia came forward. He said he lived five (5) lots from the site in question. He agreed with Mr. Branaum’s statements. It is a close community. He said that most rental occupants do not take care of the property or the lots. His son mows the grass for some duplexes around the corner. His son repeatedly has to pick up trash and debris in order just to mow the property. If there was a Planning and Zoning who zoned this R-S it should stay R-S. Mr. Cornell can not live with the four-plex, he wants it to go. Mr. Cornell asked if they had even gotten a building permit prior to construction and if so how long into the construction before the zoning issue was noticed. And what would be necessary to see this does not happen again? Mr. Cornell stated that the bricklayer was out in the rain Sunday laying brick with out having this rezoning approved.

Kathy Kennedy, 641 N West Park Lane, Columbia came forward. She had been there since 1993. She said the subdivision was made up of neighbors who look out for each other young and old. The new construction had been jammed into the neighborhood without any regard for the neighbors or the law. If these people are given the go ahead to build more apartments buildings in this small space, more profiteers will come. How will we stop them if not the Planning and Zoning Commission. She asked them not to approve the rezoning request.

Keith Lanes, 660 E Park Lane adjacent to the rezoning came forward. He said his property was a tri plex and not a four-plex as mentioned in the staff report earlier. Mr. Lanes asked how much time passed from the permit application being taken out to the error being caught? Director Shawver stated he wasn’t absolutely sure, but he thought about three (3) weeks. Mr. Lanes said they had been building for more than three (3) weeks. If it had been him and he had found out it had been zoned incorrectly, he would have halted and stopped construction, but they kept on building. He was surprised they were able to continue to build prior to zoning approval. He said on one little lot that was 100’ ft. x 200’ ft, there will be six (6) apartments. Even just a husband and wife there would be 12 people, without counting kids. It is a small space. Behind the duplex there is a four-plex. There will be no elbowroom what so ever. And if another 6 plex comes in there will be one drive way to the back four-plex. Just one in and out. What if there is a fire. The back lot will be filled with cars. There will not be enough parking area for the lot. He spoke with Mr. Satterlee and likes him but he felt it was a little greedy to put six units on one little plot.

Commissioner Abart asked if Mr. Lanes when he received the notice about the rezoning and the continued building? Mr. Lanes said the notice was dated 8-31-99 and the building was still going on today. The bricklayer was there Sunday (last weekend).

Ken Epperson, 7641 E East Court Dr., Columbia came forward. He was concerned about the permits. He thought the site had to have a foundation inspection? Director Shawver said that was correct. Mr. Epperson continued; then the structural inspection, electric inspection. Director Shawver said that was correct. Mr. Epperson asked were the inspections done after the error was caught or before? Director Shawver said the inspection was done before it was caught but when it was caught the builder was to proceed at his own risk. Mr. Epperson understood that the error was caught before the front building was started. He agreed with the other neighbors that it had been accelerated at a very rapid pace and they knew it was in error. He could not see where one law existed for one person and one law for another. His brother was told to tear down his garage because it was too close to the street. We moved the building to comply. Mr. Epperson said earlier he had spoken to Mr. Elmore and he told him he was going to buy the lot and make parking for the duplexes in order to take cars off the street. That one duplex had as many as eight (8) cars parked in the street, which was uncomfortable for the neighborhood. He would rather hear the truth out of him rather than this situation.

Kathy Kennedy came forward again. She asked if it is a law but the Sheriff does not enforce it and if the Planning Commission does not enforce it, then what?

A gentleman spoke from the audience and asked if a person builds on a lot that is zoned incorrectly, what can the county do, what is their empowerment? Director Shawver explained that when something doesn’t comply with the regulations, the owner is given an opportunity to bring the property into compliance. That may mean rezoning. If they apply for rezoning and it is not granted it is a zoning violation. Zoning Regulations state that a violation is a misdemeanor. The gentlemen in the audience stated that if this was a lot in town it would cost $15,000-$17,000. If a builder wanted to make money, what is the big deal if he builds a duplex and a four-plex and gets slapped with a $1,000 fine? What is the big deal when two buildings are on only one lot, which only cost $18,000 when it should have cost $32,000? Director Shawver said the builder proceeds at his own risk. The fine could run $1,000 per day and include jail time. Civil remedy, which is a separate action and would go through the same process with an injunction, and the structure, could be ordered to be removed. There have been cases where this was necessary and the court ordered structures to be removed.

REBUTTAL

Stan Elmore and John Satterlee returned. Mr. Elmore said regarding the zoning map, Boone County’s map covers the entire county and is in the custody of the county. There is no copy to buy. He said he had owned the property quite some time and had checked the zoning some years ago.

John Satterlee said approximately 3 weeks before when he asked for an inspection, the inspector informed him the building was being built on the wrong zoning. Up until then he thought everything was in compliance. It was not his intent; to start something improperly zoned. Acting Chair Fugit asked how far along was the construction 3 weeks prior. Mr. Satterlee said they were doing finish work such as putting down tile and hanging. He was advised Planning/Building Insp. Dept was not going to stop him from continuing the progress on the building. The third building he was not being allowed to even obtain a building permit much less start construction on lot (58) until this was resolved.

Mr. Elmore asked if it was in order for the applicant to amend the rezoning request? Mr. Satterlee asked if he could amend his rezoning request. He did not intend to upset the neighborhood. He would be willing not to build on the backside of lot 58 at all.

Mr. Elmore said he remembered stopping in the 4 plex before any of this issue was discovered and it was completely framed and they were looking at framing details and possible changes to some of the dimensions if it was built in another location.

Commissioner Sloan asked staff when this was discovered and Mr. Satterlee came in to submit a rezoning application, Mr. Satterlee stated he was told he could go ahead. She asked why that would have been said in view of the pending request? Director Shawver said it was a proceed at his own risk situation. Contractors generally have crews, as far as scheduling subcontractors and if they do not come in when they are scheduled to come in they could loose considerable amount of time. Inspections are critical.

Commissioner Sloan understood what Director Shawver was trying to say, but Mr. Satterlee was aware and went ahead with the pending results. It was not as if Planning and Building Inspections was allowing inspections to cover up the situation.

Commissioner Sloan asked when did he break ground. Mr. Satterlee said the ground was still wet.

Closed to Public Hearing

Commissioner Abart said from a technical standpoint, the question was if this is the appropriate zoning for this location? In viewing it from a purely technical stand point, there is adjacent zoning and it would be tough to say it is spot zoning so it appears appropriate. However, he could toss a coin from his perspective. One concern was any action taken would eliminate the possibility of there ever be another structure on that lot 58. Staff has advised him that there is already a structure on lot 58 so no one would be able to come back for another structure on the lot.

Acting Chair Fugit said he was there earlier in the week. He looked at the zoning map that there was some R-M zoning on Park View Court and more R-M zoning on East Park Lane. And Sunrise Estates backs up against M-L zoning. There is R-M zoning in the neighborhood already. He also was concerned about lot 58 but with it being dropped from the request it did make it more workable.

Acting Chair Fugit asked staff if there was anything to be done to keep it from happening again? Director Shawver stated that more staff would help, but in the meantime they have made procedural changes to preclude this from happening again.

Commissioner Sloan said it was an unfortunate set of circumstances that this happened. It was unfortunate for the neighborhood and unfortunate for the builder. Either way this goes somebody will be hurt and somebody will be unhappy. Often that is the nature of the choices the Planning Commission must make. She did not know who to ask to bear the burden of the mistake. Do they ask the neighborhood because the 4-plex is so far along or the builder because somebody else made a mistake. She heard some very impassioned pleas from the neighbors. Unfortunate as it is for Mr. Satterlee that we do not allow something to continue because it is easier. He does not live in the neighborhood and will not be in the neighborhood every day. If there are problems with traffic, he will not be the one who has to contend with them. She did not think the neighbors had to put up with something just because a mistake was made.

Commissioner Green made and Commissioner Smith second motion to approve request by John R. Satterlee to rezone from R-S (Single Family Residential) to R-M (Moderate Density Residential) on only lot 59 of the replat of Sunrise Estates Subdivision, and located at 640 N. East Park Dr., Columbia

Jim Green yes Pat Smith yes

Frank Abart yes Darin Fugit yes

Mary Sloan no

Motion to approve rezoning was approved. 4 yes 1 no

Request by Evelyn L. Strange to rezone from A-2 (Agriculture) to

M-LP (Planned Industrial) of 5.25 acres, more or less, located at 13931 N.

Hwy 63 North, Hallsville

Thad Yonke gave Staff report stating that this property is located on Highway 63 near the intersection with Highway 124, approximately 10 miles north of Columbia and 6 miles west of Hallsville. The subject site is zoned A-2 (Agriculture) as is all of the surrounding property. There is a house on the property and a metal building. This request is to rezone the property to M-LP. The applicant has been trying to sell the property, but with the commercial building on the property it has been difficult. This building certainly pre-dates the adoption of county zoning, however, it appears that grandfather rights either were never established or have lapsed due to abandonment. This property is within the Hallsville R-4 school district. Water is provided by Public Water District No. 7. Electric service is provided by Boone Electric Co-operative. Staff notified 10 property owners concerning this request. The master plan designates this area as being suitable for agricultural or rural residential land uses. The proposed use is not consistent with the master plan, however, the plan indicates that it may be appropriate to approve commercial or industrial zoning using the planned category. While staff is concerned about the access to this site off of Highway 63, it is recommending that this request be approved subject to the following conditions:

All permitted uses of the C-N district as permitted uses. All conditional uses of a C-N district be allowed as conditional uses, except that bar, tavern, or massage parlor are not allowed at all.

Buddy Woolfolk, 620 N Allen Centralia real estate agent came forward on behalf of Evelyn Strange. He stated the staff report was accurate. The building was built in 1973 as floor covering sales and installation, then it turned into a ceramic shop at a later date and after that it became a wood working shop. Fred Strange owned and operated the building in 1997 and passed away in 1998. His wife is the owner and is trying to market it. There are several interested parties in the property but they want him to guarantee zoning. He would not guarantee so that is why he was asking for the MLP for the contractor’s storage. Then the C-G zoning to get the auto repair shop or used car sales and the permitted uses of the neighbor commercial uses he felt were the original intent of the store.

Open to the public in support.

Pam Strange, 13951 N Hwy 63, Hallsville came forward. She said her mother owns the property and she lives next to the site. They have had problems selling the property. The building can not pay for it self at the present. There is a driveway that can handle traffic entering and exiting. Parking area is nice and large. They will have control to the business that goes in. Even if it were a body shop they will only allow a vehicle to sit outside over night. Longer than that the vehicle will have to be stored inside because they want to consider the neighbors.

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

Commissioner Sloan asked why staff was concerned about the access off Hwy 63. Director Shawver stated that Hwy 63 had four lanes going 60 m.p.h. on a steep incline. Staff was concerned about traffic entering into and exiting out of traffic.

Commissioner Abart made and Commissioner Green seconded a motion to approve request by Evelyn L. Strange to rezone from A-2 (Agriculture) to M-LP (Planned Industrial) of 5.25 acres, more or less, located at 13931 N. Hwy 63 North, Hallsville with staff recommendations.

All permitted uses of the C-N district as permitted uses. All conditional uses of a

C-N district be allowed as conditional uses, except that bar, tavern, or massage parlor

are not allowed at all.

Frank Abart yes Jim Green yes

Darin Fugit yes Mary Sloan yes

Pat Smith yes

Motion to approve with recommendations was approved 5 yes

Request by Mahin Khajehnoori on behalf of Mike Mehrdad to rezone from R-S

(Single Family Residential) to C-O (Office Commercial) of .33 acres located at

100 Poplar Hill Rd., Columbia

Thad Yonke gave staff report stating that this property is located on Poplar Hill Rd., approximately ¼ mile south of the Columbia city limits. The property is zoned R-S, as is all of the surrounding property. There is a house on the property. This request is to rezone to C-O (Office commercial). This site is within the Columbia School District. Electric Service is provided by Boone Electric Co-operative. Water service is provided by consolidated Public Water District No. 1. The original zoning for this tract is R-S. There have been no previous requests submitted on behalf of this property. Staff notified 60 property owners concerning this request. The master plan designates this area as being suitable for residential land uses. The requested change is inconsistent with the master plan. Staff is concerned that the area in the immediate vicinity of this site is comprised of residential land uses. Staff recommends that this request be denied.

Sam Kardon, Realtor with Gaslight Better Homes and Gardens, 3809 S. Providence, Columbia on behalf of the owner, Mehrdad. He operates, at this time, a business Electroflow Technology. It is a corporation that he does all over the world. He designs all the electrical supplies for manufactures by the computer. He has one employee, the secretary and himself. His father is an electrical engineer also and will be working there. They want it for their home office. Three employees total (four counting the owner).

Acting Chair Fugit asked if they planned on living on the property? Mr. Kardon said no.

Mr. Kardon said they operated a business on Grindstone in a double wide. It is a small operation but he does worldwide business.

Commissioner Smith asked if they bought the property thinking they were going to operate this business, knowing that it was improperly zoned. Mr. Kardon said they bought it but if not approved they were going to use the property as rental.

Open to the public. No one spoke in support to the request.

Carl Smith, Rte 4, Columbia came forward. He was opposed to the request. The area is all residential. The sewer system is pushed to the max and he did not think that would be the best use of the property. He did not live there but had property in the area.

Catherine Moss, 65 E Southbrook Court came forward. She was concerned about the application. She bought a house in June in Southview subdivision with the understanding that the area was completely surrounded by single residential zoning. She looked at the house for the rezoning request and did not feel there was anything about the property to make it commercial use. She was concerned if one comes in, what would happen.

REBUTTAL

Mr. Kardon spoke from the audience and said the sewer system was okay because the office would only be used from 9 a.m. until 5 p.m. A family would use even more water. Regarding the lady, these were all professional people. Two cars and one for his father would be in the neighborhood.

Closed to public hearing.

Commissioner Abart asked staff were the nearest similar zoning was. Director Shawver stated that there was an area in front of Good Time Acres Subdivision on Rte K in which there was some non-conforming commercial. But the zoning is R-S.

Acting Chair Fugit said he and Commissioner Sloan visited the site and it is on a gravel road. He did not feel it was the correct zoning for the area.

Commissioner Sloan agreed, it was not the correct zoning for the area. She felt the owner was honest about his business but if he sells the property this is a permanent zoning. Something else could go in there not so honorable or desirable. She said there were other quiet commercial areas to do business from and did not think they needed to create another one.

Commissioner Smith made and Commissioner Sloan seconded motion to DENY request by Mahin Khajehnoori on behalf of Mike Mehrdad to rezone from R-S (Single Family Residential) to C-O (Office Commercial) of .33 acres located at 100 Poplar Hill Rd., Columbia

Pat Smith yes Mary Sloan yes

Darin Fugit yes Jim Green yes

Frank Abart yes

Motion to deny was unanimous. 5 yes

PLANNED DEVELOPMENTS

Request by Fairway Meadows Corp. to approve a review plan and

preliminary plat for Deerfield Ridge Planned Residential Development,

located at 4001 State Highway K, Columbia.

Bill Florea gave staff report stating that the property is located on the north side of Route K approximately ¼ mile west of Arrowhead Lake Estates. The adjacent zoning districts are A-2 to the north, south and east, and A-1 to the west. The property is currently undeveloped. Approval of the plat and review plan would result in a subdivision of 42 lots. 41 lots will be used for single family residential development. Lot 42 is being reserved for a possible neighborhood commercial use subject to a rezoning approval.

A portion of the southern extension of Scott’s Boulevard is included among the new public roads being built to serve the development. The developer is proposing to build Scott’s Boulevard from Route K to the north property line of the development. This will create a dead-end section until Scott’s Boulevard is extended from the northern property line of this development to Route KK. This would create three cul-de-sacs in excess of the 1000’ maximum length. Therefore, a condition will be recommended to tie the phasing plan of the development to the construction of Scott’s Blvd. through from Route K to Route KK.

Even with the construction of Scott’s Blvd. as a through road, two of the proposed cul-de-sacs exceed the 1000’ maximum. The end of Montauk Court is proposed at approximately 1300 feet from proposed Scott’s Blvd. The end of Seminole Court is proposed at approximately 1170 feet from Route K. Approval of each will require an exception to be made by the Commission and approval of a variance from the Road and Bridge Advisory Commission.

The development is designed so that a number of lots will have direct access to Scott’s Blvd., which is designated as an arterial. The subdivision regulations seek to limit direct access to arterial streets from residential lots. A condition will be recommended to require shared access points for adjacent lots whose only frontage is on Scott’s Blvd. A second condition will be recommended to prohibit access to Scott’s Blvd. or Route K from lots that also have frontage on a street of lower classification.

Water service will be provided by Consolidated Public Water District Number 1. There is a six-inch water main currently available to the property, which cannot provide the required fire flow for the development. The district has plans to upgrade service to the area by interconnecting two pressure zones and installing an 8-inch main. A final plat cannot be recorded until infrastructure improvements are completed by the district to provide the necessary flow to the development.

Wastewater disposal will be provided by construction of a STEP system. The effluent will be pumped to the Arrowhead Lake Estates treatment plant operated by Boone County Regional Sewer District. The Developer will be responsible to upgrade the plant to provide the necessary treatment capacity. Current Sewer District specifications require lots be greater than 2 acres for a STEP system. The developer is currently seeking a variance to that requirement from the sewer district.

Staff notified 27 property owners concerning this request. The property scored 76 points on the rating system.

Staff recommends approval subject to the following conditions:

  1. Approval of any final plat containing lots utilizing the extension of Scott’s Boulevard, Montauk Court or Buck Trail Court for access shall be withheld until Scott’s Boulevard is constructed through from Route K to Route KK.
  2. Adjacent lots whose only road frontage is on Scott’s Blvd. shall share access points as follows: Lots 29&30, Lots 36&37, Lots 38&39, Lots 40&41. Such shared access points shall be shown on the final plat along with a note describing the limitation on access to Scott’s Blvd.
  3. Lots 2, 6, 7, 17 and 18 shall be prohibited from accessing directly to Route K. A note and graphic shall be shown on the final plat indicating such restriction.
  4. Lots 18, 31 and 35 shall be prohibited from accessing directly to Scott Boulevard. A note and graphic shall be shown on the final plat indicating such restriction.

Ron Shy, Allstate Consultants, P.C., 3312 Lemone Industrial Blvd. Columbia came forward on behalf of the developers and owners. Jack and Cindy Daugherty also own property to the north and included in that is Lake Sundance which is on the plat to the north. Since this plat the Daugherty’s of purchased the south part from John Sam Williamson.

Mr. Shy said it would be part of the convenience that no one live along Rte K would exist onto Rte. K. They will have to use the internal exits. The lots are large and Mr. Daugherty intends to have all the garages along Scott Blvd with side entries so that when pulling in and out of the garage it would be easy for them to back out and go forward on Scott Blvd. They do agree to that condition to the plat. The cul-de-sacs issue is not feasible because of the relief in the property to make a loop street so not to have a cul-de-sac, but it is either one of two things. It is not a matter of density whether the cul-de-sac is 1,013 or 1,150 it will be the same density whichever way.

Lake Sundance would be common area for a number of the lots who front it. It will not be a common area for the entire development. Mr. Daugherty is planning on building an asphalt interior pedestrian trail, which would link one side to the other in an east to west fashion.

Open to the public in favor of the request.

Nick Pekham, 3151 W Rte K, Columbia came forward. He said he lived adjacent to this property and shared the property line to the east. In general, it is a fine plan and shared their concerns about the length of the cul-de-sacs. The terrain is rough and if they wanted to do loop road it would take a major bridge to do it.

No one spoke in opposition to the request.

REBUTTAL

Commissioner Sloan asked staff about fire flow requirements. Mr. Florea said the minimum requirement is 250 gal. per minute at 20 # psi. The Water District says they can provide the 250 gal. per minute but would drop the psi. There are short-term plans to tie two pressures together that should alleviate that problem altogether. There is a longer-term plan to extend an 8" line to tie into that system in the neighborhood of this development. At that point, they will have 850 gal. per minute which exceeds our standards and meets City of Columbia standard. Prior to any final plats being recorded we have to verify that fire flow does actually does exist. So we do not have to ask for a condition to be on the plat, it is already verified by the code.

Acting Chair Fugit asked staff to comment on the cul-de-sacs length. Commissioner Abart said from his perspective it is a requirement, regulation that has to be met. Mr. Florea said that the Planning and Zoning Commission did have discretion to approve cul-de-sacs longer than 1,000 ft. as part of the Preliminary Plat. That did not have to be a variance from the Subdivision Regulations. Before it was built it would still have to go through Public Works process and be approved.

Mr. Shy said he would prefer that if the Commission would approve subject the desecration to the decision at Public Works. He thought they could shorten them up and provide longer driveways.

Commissioner Abart stated that these numbers are a lot closer that the first time at the Concept Review. Wrong scale at the time with 2,600 hundred feet.

Commissioner Green said that looking at the contours of the land, he could see where some of them would have to exceed the general recognized minimum. Good use was being made of the ridge tops and existing terrain.

Commissioner Abart had concerns regarding the first condition. Mr. Florea said they were looking at the first two cul-de-sacs that go north (Von Court and Seminal Court), go ahead with those as long as the other infrastructure (sewer, water) is completed. The rest would have to hold because of the length of the cul-de-sacs that would be created until Scott’s Blvd is a through street. Preliminary plat is good for five (5) years so if the Final plat is filed within the five-year period, then the Preliminary plat approval lapses. Then they could come back again.

Commissioner Abart said he was not dead set against it but it did need to go through the process and study it closer.

Mr. Shy stated they had made a variance request, should it have also been sent over to Public Works at the same time? Mr. Florea said was set up that way and Road and Bridge Advisory Commission is focused on road issues and probably better go get issues like this taken care of.

Commissioner Abart made and Commissioner Green seconded motion to approve request by Fairway Meadows Corp. to approve a review plan and preliminary plat for Deerfield Ridge located at 4001 State Highway K, Columbia with staff recommendations and have approval of Public Works Dept relative to cul-de-sacs length.

  1. Approval of any final plat containing lots utilizing the extension of Scott’s Boulevard, Montauk Court or Buck Trail Court for access shall be withheld until Scott’s Boulevard is constructed through from Route K to Route KK.
  2. Adjacent lots whose only road frontage is on Scott’s Blvd. shall share access points as follows: Lots 29&30, Lots 36&37, Lots 38&39, Lots 40&41. Such shared access points shall be shown on the final plat along with a note describing the limitation on access to Scott’s Blvd.
  3. Lots 2, 6, 7, 17 and 18 shall be prohibited from accessing directly to Route K. A note and graphic shall be shown on the final plat indicating such restriction.
  4.  

  5. Lots 18, 31 and 35 shall be prohibited from accessing directly to Scott Boulevard. A note and graphic shall be shown on the final plat indicating such restriction.

Frank Abart yes Jim Green yes

Pat Smith yes Mary Sloan yes

Darin Fugit yes

Motion to approve was unanimous. 5 yes

 

VII. PLAT REVIEWS

  1. Waters Edge Estates replat of lots 70, 71, 72. S3-T48N-R12W. Norman and Connie Ruebling, owners. James W. Brush, surveyor.
  2. Bill Florea gave staff report stating that the property is located at the eastern cul-de-sac of Waterfront Drive South. The plat consists of portions of Lot 73 and Portions of Lots 70, 71 and 72 which were consolidated into two building lots, Lots 72B and 73A by lot line adjustment survey in 1992. The current owner intends to consolidate lots 72B and 73A into one single family building lot. The Boone County Commission approved the vacation and replat for these lots on August 31, 1999. There is a home currently under construction on Lot 73A.

    The existing access to Waterfront Drive South will be maintained. The applicant has requested a waiver of the requirement to provide a traffic analysis.

    Water service is currently provided by the City of Columbia.

    Sewer service is provided by Boone County Regional Sewer District.

    The property scored 83 points on the rating system.

    Staff recommends approval of the plat and waiver requests.

    No one present to represent plat

    Commissioner Abart made and Commissioner Green seconded motion to approve Waters Edge Estates replat of lots 70, 71, 72. and waiver requests.

    Frank Abart yes Jim Green yes

    Darin Fugit yes Mary Sloan yes

    Pat Smith yes

    Motion to approve plat was unanimous. 5 yes

     

  3. Park Link Estates. S17-T47N-R12W. A-2. Karl Kruse, Ila Irwin, John R. Jones and Susan B. Jones, owners. Brian David Dollar, surveyor.
  4. Bill Florea gave staff report stating that the property is located at the end of Howard Redden Road, approximately one (1) mile southeast of Pierpont. The subject tract was created by administrative survey in May 1999 and is being subdivided into two 8-acre tracts. The property is within a designated sinkhole area.

    Both lots will have frontage on and access to Howard Redden Road. Public road and utility easements granted by the administrative survey will be formally dedicated by this plat. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

    Consolidated Public Water District Number 1 will provide water service to the property.

    Onsite systems will be used to dispose of wastewater. The applicant has furnished a report from a qualified soils scientist indicating the suitability of the soils for septic tanks with absorption fields. Because the property is located within a designated sink hole area all wastewater systems are required to be designed by a Professional Engineer. A waiver of the requirement to provide a cost analysis has been submitted.

    Subdivisions in designated sinkhole areas must be designed to minimize the intrusion of stormwater into and erosion of the areas around sinkholes. The applicant has proposed to install silt-fencing downhill of areas cleared for residential construction and re-vegetation of disturbed areas as soon as feasible. These measures should prove adequate.

    The property scored 38 points on the rating system.

    Staff recommends approval of the plat and waiver requests.

    Edward Danngwitz, of Dollar Surveying, 3 North Garth, Columbia, came forward. Mr. Danngwitz was present to answer any questions.

    Commissioner Abart made and Commissioner Smith seconded motion to approve Park Link Estates plat with waiver requests.

    Frank Abart yes Pat Smith yes

    Jim Green yes Darin Fugit yes

    Mary Sloan yes

    Motion to approve was unanimous. 5 yes

  5. New Town Block 2 & 3. S10-T47N-R13W. R-S/PRD. Nicholas Pekham, owner. Gene Bowen, surveyor.
  6. 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). 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. Immediately north of this plat is the plat of New Town Subdivision Block 1 which is zoned R-S/PRD. 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 11.56 acres. This plat contains 37 lots 31 of which are for single family houses. The remaining 6 lots are not for development areas consisting of common ground, sewer facilities, or walkways. 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 Block 4 is approved prior to installation of the line. 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 from some of the road design and construction standards has been granted by the County Commission. There are a few minor clarifications that should be made on the original plat. This site has 76 points on the point rating system.

    Staff recommends approval subject to the following condition:

    1. That the original document for this plat be corrected to the satisfaction of the Planning Staff.

    Nick Pekham, managing partner of New Town L.LC. 3151 W Rte K, Columbia came forward. They had a contract with the Water District to put in an 8" water line.

    Commissioner Green made and Commissioner Abart seconded motion to approve NewTown Block 2 and Block 3 with staff condition.

    Jim Green yes Frank Abart yes

    Darin Fugit yes Mary Sloan yes

    Pat Smith yes

    Motion to approve plat was unanimous. 5 yes

     

  7. New Town Block 4 S10-T47N-R13W. C-GP. Nicholas Pekham, owner. Gene Bowen, surveyor.
  8. 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 the south side of State Highway K at 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 total property was approved in July of 1998; however, the property in the current plat does not have an approved final plan. The zoning for the area in this plat remains A-2 (agriculture) with a pending rezoning of C-GP (planned commercial) waiting upon approval of a final plan. Property to the north, across Rte K is zoned R-S (residential single family). Immediately west and west/southwest of this plat is the plat of New Town Subdivision Block 1 and New Town Subdivision Blocks 2 & 3, respectively. Each of these is zoned R-S/PRD (residential single family planned residential development). Property to the east is zoned R-M (residential moderate density) and A-2. Property to the south is zoned A-2. The area contained within this plat is 4.33 acres. This phase of development contains 3 lots and a portion of a public commercial road. Lot C-6 as proposed is a not for development tract as it does not meet the requirements for a buildable lot and should probably be used simply for a site amenity. This area is served by Consolidated Public Water District No. 1. There is a 4-inch waterline 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. 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. There are a number of required graphic items that are not currently shown on the plat. A 50’ building line inside the new 50’ 1/2 ROW for Route K needs to be added to the plat. A variance from some of the road design and construction standards has been granted by the County Commission. This site has 76 points on the point rating system.

    Staff recommends approval subject to the following condition:

    1. That the 50’ building line along Route K be put on the plat in addition to corrections being made to some of the graphic information shown on the plat and that it be recognized that no direct access onto Route K from Lots C-6 or Lot C-4 is permitted.

    Nick Pekham, managing partner of New Town L.LC. 3151 W Rte K, Columbia came forward. Mr. Pekham stated that when this plat is final it would be the commercial part of New Town.

    Commissioner Abart made and Commissioner Green seconded motion to approve New Town Block 4 with staff condition.

    Frank Abart yes Jim Green yes

    Pat Smith yes Mary Sloan yes

    Darin Fugit yes

    Motion to approve plat was unanimous. 5 yes

     

  9. Gomez – Sanchez Plat 1. S4-T47N-R12W. R-S. Celso and Elise Gomez-Sanchez, owners. James V. Patchett, surveyor.

Bill Florea gave staff report stating that the property is located on South Cowan Loop approximately one half-mile south of Hwy 63. The one lot plat will leave a 20-acre remainder tract.

The lot will have direct access to South Cowan Road. The existing right of way width is adequate, therefore, no additional right of way will be dedicated by this plat. The applicant has requested a waiver from the requirement to provide a traffic analysis.

Consolidated Public Water District Number 1 will provide water service to the property.

An on-site wastewater system will be used for sewage disposal. A plan showing the proposed location of the on-site system has been submitted and is on file. The applicant has requested a waiver of the requirement to provide a cost benefit analysis

The property scored 46 points on the rating system.

Staff recommends Approval of the plat and waiver requests.

Jim Patchett, Patchett & Company, 1512 Business Loop 70 W., Columbia was in the audience.

Commissioner Abart made and Commissioner Smith seconded motion to approve Gomez – Sanchez Plat 1 with waiver requests.

Frank Abart yes Pat Smith yes

Jim Green yes Darin Fugit yes

Mary Sloan yes

Motion to approve was unanimous. 5 yes

OLD BUSINESS

Director Shawver gave report on items from the August 19, 1999 Planning and Zoning meeting that went to the County Commission on August 31, 1999.

 

NEW BUSINESS

 

ADJOURN

Being no further business the meeting was adjourned at 9:30 p.m.

Respectfully submitted,

 

 

Mary Sloan

Secretary

Minutes approved on this 21st day of October 1999