BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, October 21, 1999

Chairperson Kirkpatrick, called the meeting to order at 7:03 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

Frank Abart Public Works Director

Absent: James Green Cedar Township

Vacant Centralia Township

Also present: Stan Shawver, Director Thad Yonke, Staff

Bill Florea, Staff Noel Boyt, Staff

 

Commissioner Sloan made and Commissioner Fugit seconded a motion to approve the minutes of September 16, 1999 meeting with no corrections.

Motion passed by acclimation.

 

Chairman read procedural statement.

 

CONDITIONAL USE PERMITS

Request by Barry and Sherri Homan for a permit for an outdoor recreation

facility on 10.97 acres located at 14341 Proctor Rd., Columbia.

Bill Florea gave staff report stating this property is located 4 miles east of Harrisburg, 10 ½ miles north of Columbia and 2 miles west of Highway 63. The site is located about ½ mile south of Highway 124 on Proctor Road, which is gravel, county maintained road. A traffic count conducted in 1998 indicated there was 35 vehicles per day traffic level. This property is zoned A-2, as is all of the surrounding property. The applicants live on the property, and operate a landscaping business from the site. This request is for an outdoor recreational facility, for use for outdoor parties, weddings, reunions and other similar private functions. The property is well landscaped. The applicant is currently constructing a structure that can be used as a shelter house similar to those at area parks. He also requested a building permit to build a kitchen facility, however, that permit could not be accepted due to the lack of a conditional use permit at the time it was submitted. This property is within the Harrisburg R-8 School District. Electric service is provided by Boone Electric Co-operative. Information provided by Public Water District No. 7 indicates that there is no public water at this end of Proctor Road. The master plan designates this area as being suitable for agriculture and rural residential land uses. Staff notified 15 property owners concerning this request.

The criteria for approving a conditional use permit is as follows:

  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.

Staff has reviewed this request and is concerned about several issues. The plan does not show any area designated for parking. The addition of a kitchen will tend to make this activity more commercial than recreational. The lack of public water. Staff is concerned that approval of this request will affect the use and enjoyment of surrounding property (b), there is no parking available on the site and no public water (d), Proctor Road has a very low traffic count, approval of this request will result in increased traffic and congestion (f), staff is not convinced that there is a public necessity for this use (g). For those reasons, staff recommends denial of the request.

However, should the commission decide to recommend approval, staff suggests that the following conditions be set:

 

Barry and Sherry Homan, 14341 Proctor Rd., came forward. He said they would like to operate their farm as an outdoor recreational facility in accordance with A-2 zoning regulations. The goal is to provide an intimate, private setting for doing weddings, family reunions, picnics and other family oriented activities. The facility will include a shelter house, restrooms and a kitchen. The events occur usually on Saturday or Sunday, afternoons and early evenings, and are short in duration. Switches will control lighting. A plant screening has already been planted and is growing. More will be planted to screen off the property. The building of the shelter house they felt they could limit the noise level carry over of music off the property. They will be selective of the music played at site. He stated they will not host any event that is a social alcohol event such as a fraternity/sorority party, wine tasting party or anything that masks itself as something but it isn’t. Due to the size of the park, parties themselves would be limited. With the building of the shelter house, he felt they could contain a limited noise carry over of music coming out of the property.

With Columbia marketing they see a need for a never increasing influx of visitors and events. They see this out and away from the City.

In August, talking with staff he decided to apply for a Conditional Use Permit. He also consulted with Boone County Public Works, as to the traffic level and dust level and if there was any road maintenance scheduled in the year 2000. They thought a 40-car count for an event was low impact and there was no present need for attention to the road.

He stated that Ken Hines advised him that a dry hydrant would be the recommended way to go on fire protection and is in the budget for the shelter.

Mr. Homan stated he done an extensive neighbor survey to see if it would fit in with the neighborhood and what concerns there were. A large number of neighbors thought it would be an addition to the area.

Mr. Homan gave the Commission a petition of neighbors’ signatures that supported the park and showed pictures of the shelter house they would like to build.

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

Kenneth Darwent, 14351 N Proctor Rd., Columbia came forward. He handed out an 11 page question and concerns regarding the request. He would like for the applicant to address questions if possible. Chairman Kirkpatrick stated when the applicant would return for further questions, he should then answer the questionnaire.

Jerry Thompson with his wife Ruth, 3400 W. Hwy 124, Harrisburg addressed the Commission. He stated there had been a couple of parties on the Homan’s property already. Their property is adjacent to the Homan’s on the SW corner. He has built a new home a year ago and would like to keep the Homan’s as friends. He said he had two concerns, run-off and noise. He is concerned about their drainage being handled properly and not drain onto his property. He would like to keep the noise from drifting down to their valley. If that can be resolved it would take care of his concerns. If you have noise on Saturday and Sunday from April through September, that is their time at home to enjoy the outdoors.

Commissioner Sloan asked Mr. Thompson at what time approximately were they hearing the noise from the previous parties? He said in the evening about 9:00 p.m. on the weekend. They had been invited to the event but they were not able to go. He said it would not bother them to hear it once or twice a year but to hear it every weekend or frequently, he would object. He added he may make noise that would bother the Homans’ occasionally, but did not want it on a frequent basis.

Closed to public hearing.

Barry and Sherri Homan returned to the table. Chairman Kirkpatrick asked the applicant if he wanted to address the questionnaire Mr. Darwent gave out.

Mr. Homan started with question one.

? What does a private, rural sitting mean? It is not a drive in park like Shelter Gardens having drive through traffic. His target goal was weddings.

? Events by invitation only? Usually at a Family Reunion or a wedding there are invitations to a specific group of people. If someone showed up that was not supposed to be there, it would be hard for someone not to say something.

? Take responsibility of/for patrons actions? Mr. Homan said he would take responsibility for what goes on on his property and he would make sure to pick up trash and pruning trees and grade the road if necessary incase the road trucks can not get there.

? What kind of parties? They were looking at doing wedding rehearsals, wedding receptions; graduation parties could be a possibility, birthday parties. Family reunions are not a target group for them because most wouldn’t want to pay the fee. Fraternity parties and wine tasting party are there for one purpose only and could do more damage to their property than they care to see. Anniversaries would be another possibility as is other family oriented functions.

? When will events occur? They target Saturday, Sunday, events. On a Saturday wedding you would have a Friday rehearsal which can last an hour or two. Usually go back into town for dinner.

? Hours of operation? On a Saturday decorations may go up early. Afternoon wedding and a reception could last maybe 4 – 6 hours. They do not see doing anything during the week because they are busy working themselves.

? Months of operation? A common ground being May through October. More of the summer months.

? Reference to Alcoholic beverages? There will be alcohol on site. The champaign and general beer would be served. We are not wanting to get into hard alcohol or set up bars but to keep it to a minimal. They would not be providing alcohol and yes they can bring it on the property. Parents should be talking care of their children or they would be responsible and step in and take care of the problem to make sure underage drinking doesn’t occur.

? Driving away drunk? They have seen where at a family gathering, the family members take care of each other and have not seen where any one ever had too much to not drive away.

? Parking on the top? They had agreed they needed some onsite parking and felt that 40-car range all on his property. Staff report mentioned 60 cars but are looking to see if anything constituted that with out making a larger facility. Present parking is 40 cars and it is a drive one way with a circle drive. There is a grass pasture next to their property, which he could use for any over flow parking, which is where they are parking now. Commissioner Smith asked if that was his property. Mr. Homan replied no, not at this present time. The neighbor allows them to use the pasture since he maintains it.

Chairman Kirkpatrick stated that the CUP request was only for his property. Mr. Homan said yes they would have to contain the parking to his property. They were in negotiations to buy the place next door and would like to expand the parking if needed. Chairman Kirkpatrick said this CUP request would not cover that future property and it would have to come back to include the property in the CUP. Mr. Homan said he would approach it at that time.

? Insurance liability/medical insurance? They carry business liability insurance; they have homeowners insurance. The business insurance covers the park with a $500,000 policy and is in force in the months they are in operation.

? Questions about noise pollution? Yes they would allow live bands and D J’s. He thought the noise could be contained in the shelter house. Singers and other instruments would be part of the entertainment.

? Will the music be louder than 85 dB? He didn’t know how loud that was, but wasn’t planning on monitoring the music. He would see what the music would be and if it was too loud, turn it down. It would be a simple request and monitor it through out the evening.

? What will the shelter be used for? The 40 x 60 would be used for the ceremonies and the receptions. Throw out the bachelor, bachelorette parties. He could see using the shelter house in the earlier evening hours. Times may be 10 a.m. to 12 p.m. for an afternoon wedding. Into the evening it may be 9 p.m. or 10 p.m. but did not want to place lighting. The shelter will have running water, restrooms, no shower but a sink and a toilet. Size of bathroom will be according to building regulations.

Besides a 40 x 60 they are also looking at a 20 x 60 which would have the kitchen and the bathrooms in it. He could not see using the facility year round. The kitchen would be 20 x 20 having an oven, sink, stove, and refrigerator. If events would need hot food or cold it would need refrigerator rather than set it out. He assumed the caterers would have a food handler’s card.

? Compliance of health codes? He would make ongoing inspections since it is his facility.

The storage for the 20 x 60 shelter house would have a 10 x 20 storage area.

Columbia it self is trying to draw in several activities and trying to grow. This is a facility that will make a better destination.

Mr. Homan said the events hosted so far have either been family, friends or his wife’s graduation party. It has not been an ongoing business yet.

He has been approached by several clubs to have events on the grounds. He felt if they were asking then maybe he would be beneficial to expand on the situation. Sometimes Shelter Gardens books 2 to 4 weddings a day with only a window of two (2) hours of opportunity to get in and out without the reception on site.

Mrs. Homan said they were trying to be a family oriented place. They do not want to separate the children from the adults. It will never be adult type parties. If the neighbors do have a complaint, she wished they would come to them and talk it over.

Commissioner Smith asked how many parties had they been had? Ms. Homan said they have had an annual function on the 4th of July for the last 10 years. Maybe 5 or 6 events through the years and the last one being his wife’s graduation party for Ph.D. in August with an outdoor band along with their anniversary party. The band stopped promptly at 11:00 p.m.

Commissioner Smith said then there had been no problems, no sheriff showing up? Mrs. Homan said not a Sheriff’s Deputy did come by but he didn’t give them a ticket and even listened to the music for a while. Commissioner Smith said she did a drive by the property and was concerned where the 40 cars would be parked. Mr. Homan said there was a lot of building materials in the yard that would be moved. Rock pile moved and equipment that would be moved. And then they would have plenty of room.

Mr. Homan said that he didn’t think they would have very many family reunions at their asking price. Commissioner Smith asked and he answered they would start at $1000 for a wedding reception.

Commissioner Fugit said he said it sounded to him like a commercial operation. He asked why the request was for a CUP rather than a Commercial request. Mr. Homan said staff made a site visit and they suggested the CUP.

Commissioner Fugit asked if the kitchen would fall under a commercial permit or an outdoor recreational facilities. Director Shawver said when a kitchen is added it is no longer a natural area with outdoor sports and outdoor activity, which is what an outdoor recreational facility is. When the staff visited the site in August, no mention was made of having a kitchen, just a shelter house and the outdoor area. It wasn’t until the application came in that they were aware that a kitchen was going to be included.

Mr. Homan said a kitchen facility is necessary for doing an event that is going to have any kind of food served. Commissioner Fugit asked if applicant could see their point. Commissioner Sloan asked if the application was for a CUP when staff reviewed it, could he resubmit the application. Director Shawver stated that the it still could be approved without a kitchen facility.

Chairman Kirkpatrick stated to him recreational activities would be such a games, contest or even water sports. He continued that to him it looked commercial from beginning to end.

Commissioner Morgan agreed with Chairman Kirkpatrick on it being a commercial activity.

Commissioner Sloan asked if the request was denied as presented then would have to wait one year. Director Shawver said to submit for a CUP they would have to wait a year but could submit for rezoning sooner than that.

Commissioner Fugit made and Commissioner Morgan seconded a motion to deny the request by Barry and Sherri Homan for a permit for an outdoor recreation facility on 10.97 acres located at 14341 Proctor Rd., Columbia.

Commissioner Kirkpatrick stated that he was going to vote to deny the permit because the applicant failed to meet Conditional Use tests (b), (d), (f), and (g). He also believes this is a commercial development, and not a conditional use permit.

Darin Fugit yes Mike Morgan yes

Keith Kirkpatrick yes Mary Sloan yes

Frank Abart yes Pat Smith yes

Motion to deny was unanimous. 6 yes

Applicant advised they had three (3) working days to appeal.

 

 

REZONING

Request by Russell and Annette Duker to rezone from R-S (Single

Family Residential) to M-L (Light Industrial) of .97 acres, more or less,

located at 5150 I-70 Dr. SW, Columbia.

Thad Yonke gave staff report stating that this property is located approximately ½ mile west of the Columbia city limits on I-70 Drive Southwest. The property is zoned R-S, as is the property to the south and west. Property to the east and north is zoned M-L. There are two old buildings on the property. This request is to rezone a total of .97 acres to M-L. The tract will then be made a part of the adjoining tract, which was rezoned, from R-s to M-L in 1994. This tract is served by Boone Electric Cooperative. Water service is provided by Consolidated Public Water District No. 1. It lies within the Columbia School District. The master plan designates this area as being suitable for residential land uses, however, there is a substantial amount of industrially zoned land in the area. Staff recommends approval of this request.

Russ Duker, 502 Strawn Rd., and George Sneed, 2812 Birwood came forward. Mr. Duker handed out photos and diagrams in a booklet of the property in question. He went through the booklet page by page to explain the property. He said they are intending to build a building of approximately 3,200 sq. ft. (40’ x 80’). It will have offices and some storage area for parts.

Chairman Kirkpatrick asked what type of business he was in. Mr. Duker said a plumber.

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

Thad Yonke introduced a faxed letter received from a property owner across the road from Tanya Nettles.

Closed to public hearing.

Chairman Kirkpatrick asked if applicant if they gave any consideration to Planned Light Industrial. Mr. Duker said he just picked the zoning that surrounded them.

Chairman Kirkpatrick said usually he would lead the "charge" against this type of application since it does not incorporate a planned development. He still did not like it, however given the location of the surrounding developments he said it was not as big an issue is it normally would be.

Commissioner Abart said it did concern him. Staff may recommend this, but what would happen in 5 or 10 years if the applicant move on, ML zoning leaves a lot of areas open. He did not mind what the owners were doing but he would oppose the application since it was not planned light industrial. He said he was concerned what would happen with the property if and when the owner leaves.

Commissioner Smith pointed out that the property had industrial zoning on two sides already, and that there was flood plain behind it.

Chairman Kirkpatrick said no restrictions could be placed on straight rezoning. The commission either approves it or denies the request.

Commissioner Smith made and Commissioner Sloan seconded a motion to approve request by Russell and Annette Duker to rezone from R-S (Single Family Residential) to M-L (Light Industrial) of .97 acres, more or less, located at 5150 I-70 Dr. SW, Columbia.

Pat Smith yes Mary Sloan yes

Darin Fugit no Keith Kirkpatrick no

Frank Abart no Mike Morgan no

Motion to approve rezoning request failed. 2 yes 4 no

Commissioner Fugit stated he would like to have had a MLP request and not a straight rezoning.

Chairman Kirkpatrick stated the Planning and Zoning Commission has tried not to rezone commercial or light industrial property without a plan development. You the applicant can still come back and apply for MLP (Planned Light Industrial) which would give the county the opportunity to place whatever restrictions on the development they might see fit. Even though it might be denied, that does not mean it can not be rezoned light industrial.

Commissioner Fugit made and Commissioner Abart seconded a motion to deny the request by Russell and Annette Duker to rezone from R-S (Single Family Residential) to M-L (Light Industrial) of .97 acres, more or less, located at 5150 I-70 Dr. SW, Columbia.

Darin Fugit yes Frank Abart yes

Keith Kirkpatrick yes Mike Morgan yes

Pat Smith no Mary Sloan yes

Motion to was to deny rezoning request. 5 yes 1 no

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

* * * * *

Request by Ken Ginter to rezone from A-1 (Agriculture) to A-2 (Agriculture)

of 10.05 acres, more or less, located at 1400 State Highway CC, Sturgeon.

Thad Yonke gave staff report stating that this property is located on State Highway CC approximately 1 mile west of Sturgeon, and ½ mile east of Highway 63. The property is zoned A-1 (Agriculture). Land to the north, east and south is zoned A-1, but land to the west, across Highway CC is on the other side of a range line, and is zoned A-2. This request is to rezone 10.05 acres to A-2. The applicant proposes to subdivide the lot in accordance with county regulations for development. Due to the restrictions placed on public water in the area, the tract can only be split into three lots. The original zoning for this tract is A-1. In 1996, a request to rezone this property to A-2 was denied due to neighborhood opposition. Staff notes that denial, but wants to point out that the tract has been severed from the original tract, resulting in a plot that is difficult to use for agricultural purposes. Additionally, land across the road is zoned A-2. The master plan designates this area as suitable for agricultural and rural residential land uses. The proposed use is consistent with the plan. Therefor, staff recommends approval of this request.

Ken Ginter, 1400 Hwy CC, Sturgeon addressed the Commission. He said it had been 20 acres total and was broken into two 10-acre tracts. He has tried to promote the 10 acres but folks do not want 10 acres, they want 5 acres and to take out mortgage with multi acres they only count the house and 5 acres. His plan was first to get the rezoning approved, then to place a double wide on each 5-acre tract. He is living next door so he will have the size of double wide he wants to look at with breezeways and attached garages. He already has the entrance from the State of MO for the drives.

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

Closed to public hearing.

Commissioner Morgan asked what would be done with the triangular piece across the road. Mr. Ginter said it would be part of the west five (5) acres.

Commissioner Sloan asked if the land was currently being farmed. The answer was no, the property had been fenced and he thought the previous owner kept horses on site.

Commissioner Abart made and Commissioner Fugit seconded a motion to approve the request by Ken Ginter to rezone from A-1 (Agriculture) to A-2 (Agriculture) of 10.05 acres, more or less, located at 1400 State Highway CC, Sturgeon.

Frank Abart yes Darin Fugit yes

Keith Kirkpatrick yes Pat Smith yes

Mike Morgan no Mary Sloan yes

Motion to approve rezoning request was approved. 5 yes 1 no

 

PLANNED DEVELOPMENTS

 

Request by Copper Creek Development, L.L.C. to revise an approved

review plan for Copper Creek Planned Residential Development located

at 7901 E St. Charles Rd., Columbia.

Bill Florea gave staff report stating that the property is located 2 miles east of Columbia on the north side of St. Charles Road. In December of 1998, the Commission approved a Review Plan and Preliminary Plat for a 40-lot subdivision. The first Revised Review Plan was approved in March 1999 along with a rezoning to AR-PRD, and a preliminary plat of 58 lots. The current request is the Second Revised Review Plan.

Both previous plans included a wastewater treatment plant to be located on Lot 28 which would have been built by the developer but owned and operated by Boone County Regional Sewer District. Recently the sewer district has identified a need for a regional treatment plat capable of providing sewer service as far east as Shaw. The treatment plant will be located in Stanton Subdivision which is on the south side of St. Charles road approximately ¼ mile west of Copper Creek. The developer has agreed to participate in the cost of building the regional system in lieu of building a treatment plant on Lot 28 of Copper Creek The applicant is requesting a revision to the review plan to allow a residential use to be located on Lot 28 rather than a sewage treatment plant as designated on previous review plans.

The applicant is also requesting that the building line be revised from 50 feet to 40 feet. The planned development regulations allow modification of setbacks that are interior to the development. The setbacks along the exterior of the development will remain unchanged.

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

Staff recommends approval of the Revised Review Plan.

Jim Patchett, Patchett & Company, 1206 Business Loop 70 W., Columbia and Patrick McClung, of 5365 E Trikalla came forward. They are participating in the cost of the treatment site as well as the main sewer line for the drainage area of approximately 700 acres. Mr. McClung said the reason for the request of 40’ from 50’ was because once the roads go in some of the lots are more suitable for a 40’ building line to save some bigger trees as well as stay out of some of the drainage area.

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

Closed to public hearing.

Commissioner Fugit made and Commissioner Abart seconded motion to approve request by Copper Creek Development, L.L.C. to revise an approved review plan for Copper Creek Planned Residential Development located at 7901 E St. Charles Rd., Columbia.

Darin Fugit yes Frank Abart yes

Mike Morgan yes Pat Smith yes

Mary Sloan yes Keith Kirkpatrick yes

Motion to approve revised review plan was unanimous. 6 yes

 

PLAT REVIEWS

 

Country Farms Block 4. S33-T48N-R13W. R-S. William-Kathryn Allen Trust, owner.

Timothy J. Reed, surveyor.

Bill Florea gave staff report stating that the property is within the existing Country Farms Subdivision, which is west of Old Mill Creek Road and south of Vawter School Road. The Boone County Commission approved a request to vacate the portion of the Vineyard Way right of way that is between lots 25 and 24A.and replat lots. The vacation will take effect when this plat is recorded.

Both lots will have direct frontage on Vineyard Way or Arbor Way. No additional right of way will be dedicated by this plat. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

The home is receiving water service from Consolidated Public Water District Number 1. However, the subdivision is in the City Water service area in accordance with the territorial agreement between the District and Columbia Water and Light. The city has no existing infrastructure within Country Farms and no immediate plans to install infrastructure. Therefore, the city will probably allow the Water District to provide interim service depending on the timing of the request for water service.

On-site systems will be used for wastewater disposal. A plan is on file showing the proposed location of a wastewater lagoon on lot 32. The applicant has submitted a request to waive the requirement to provide a wastewater cost benefit analysis.

The property scored 55 points on the rating system.

Staff recommends approval of the plat and waiver requests.

No one was present on behalf of the applicant.

 

 

 

 

Commissioner Sloan made and Commissioner Fugit seconded motion to approve Country Farms Block 4 with staff recommendations.

Mary Sloan yes Darin Fugit yes

Keith Kirkpatrick yes Pat Smith yes

Mike Morgan yes Frank Abart yes

Motion to approve with recommendations was unanimous. 6 yes

 

* * * * *

 

Niederhelman Acres. S1/12-T48N-R15W. A-2. Constance K. Nierdehelman, owner.

Timothy D. Capehart, surveyor.

Bill Florea gave staff report stating that the property is located on Route BB, approximately one half-mile south of the Rocheport City Limits. There is an existing house and lagoon on the property. Approval of the plat will result in the creation of one additional building lot.

Both lots have frontage on and access to Route BB that has an existing 100-foot wide right of way. Lot 2 is considered a tier lot with access to Route BB being provided by a stem. The Commission has discretion to allow tier lots when such a design is the most feasible means to access the lot due to extreme topographic conditions, the stem meets certain dimensional requirements and the allowance of tier lots will not endanger the public health, safety and general welfare. No additional right of way will be dedicated by this plat. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

The property is in the service area of Consolidated Public Water District Number 1. There is no water service available to this property.

On site waste water systems will be used for wastewater disposal. The applicant has submitted a plan showing the proposed locations for wastewater systems. The plan shows a suitable location for a lagoon. The applicant has also submitted a report from a qualified soil scientist indicating that the soils on Lot 1 are suitable for a septic system with absorption field.

The plat is required to show the building line on each lot. In the AG district the building line is 50 feet from the front property line. The building line shown for Lot 2 is shown as being 25 feet from the front property line. This will need to be amended to show a 50 feet building line.

The property scored 53 points on the rating system.

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

The plat must show a fifty feet building line for Lot 2.

The plat must show the distance from the existing house on Lot 2 to the front property line of Lot 2.

No one was present on behalf of the applicant. Mr. Florea said he had faxed his report to Mr. Capehart. Mr. Capehart had called the office and agreed with the report.

 

Commissioner Sloan made and Commissioner Fugit seconded motion to approve Niederhelman Acres with staff recommendations.

Mary Sloan yes Darin Fugit yes

Keith Kirkpatrick yes Pat Smith yes

Mike Morgan yes Frank Abart yes

Motion to approve with recommendations was unanimous. 6 yes

* * * * *

 

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

Thad Yonke gave staff report stating that this proposal is for a 10 lot final plat for a commercial development located at the intersection of St. Charles Road, Clark Lane, and Lakeview Drive. The plat contains both a planned and unplanned section. The planned portion is located approximately 300 feet east of the intersection. The site is located approximately 1/4 mile east of the Columbia City Limits. The property is currently zoned C-G (general commercial) & C-GP (planned commercial). The planned portion was rezoned in 1994. A previous review and final plan were approved for the planned portion of the property. A new review plan was approved in August of this year, voiding the earlier plans. A new final plan is required. The review plan encompasses approximately 6.5 acres of the total 16.42 acres of the development. This commission in July of this year granted a preliminary plat approval with conditions. The zoning to the west 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. The property of this plat 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. The City of Columbia will provide water service. There is currently a 6" waterline along St. Charles Road. Fire hydrants will be required within this planned area 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 be 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 for each lot prior to issuance of building permits for the lot. 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. The existing entry access easements, which roughly correspond to Texaco Drive, will need to be vacated. Sidewalks are required for this development. This plan 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 the following condition being imposed:

Brian Harrington, Allstate Consultants, P.C., 3312 Lemone Industrial Blvd. Columbia was present to answer any questions. Mr. Harrington stated they would add the note to the

answer any questions

Commissioner Smith made and Commissioner Morgan seconded motion to approve Lake of the Woods Center with staff recommendation.

Pat Smith yes Mike Morgan yes

Keith Kirkpatrick yes Darin Fugit yes

Mary Sloan yes Frank Abart yes

Motion to approve with recommendation was unanimous. 6 yes

 

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Mount Allen Estates. S21/22-T48-R14W. A-2. Larry and Sharon Wall, owners.

Brian David Dollar, surveyor.

Bill Florea gave staff report stating that the property is located on Route O, approximately 2 ½ miles south of I-70. There is currently a house and lagoon on proposed lot 1.

Lot 1 will have direct access to Route O. Lot 2 will have access to Route O via a private ingress-egress easement. Additional right of way, sufficient to provide a 33’ half width for Route O, will be 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 development. A 20-foot utility easement across lot 1 will allow installation of a water line to serve lot 2.

On-site systems will be used for wastewater disposal. The property is within a designated sinkhole area. Therefore, any on-site wastewater system must be designed by, and installed under the supervision of, a professional engineer. A note indicating this restriction has been placed on the plat. The applicant has submitted a request to waive the requirement to provide a wastewater cost analysis.

An additional requirement due to the location of the subdivision within a sinkhole area, is that steps must be taken to ensure that erosion and stormwater drainage to not enter sinkholes. A note indicating this requirement has been placed on the plat. It is not know whether any sinkholes actually exist on the property, however the surveyor has noted that he has inspected the property and did not find any sinkholes.

The property scored 34 points on the rating system.

Staff recommends approval of the plat and waiver requests.

Brian Dollar, of Dollar Surveying, 3 North Garth, Columbia, came forward and was present for any questions. He stated he did look over the property and there were no sinkholes.

Commissioner Morgan made and Commissioner Fugit seconded motion to approve Mount Allen Estates plat with staff recommendations.

Mike Morgan yes Darin Fugit yes

Frank Abart yes Mary Sloan yes

Pat Smith yes Keith Kirkpatrick yes

Motion to approve Mount Allen with recommendations was unanimous. 6 yes

 

OLD BUSINESS

Director Shawver gave report on items from the September 16, 1999 Planning and Zoning meeting that went to the County Commission on September 28, 1999.

(Moderate Density Residential) on lot 59 of the replat of Sunrise Estates Subdivision,

and located at 640 N. East Park Dr., Columbia County Commission supported P & Z recommendation to approve the rezoning.

of 5.25 acres, more or less, located at 13931 N. Hwy 63 North, Hallsville. County Commission supported P & Z recommendation to approve the rezoning.

Family Residential) to C-O (Office Commercial) of .33 acres located at 100 Poplar Hill Rd., Columbia. This request was denied and was not appealed to the County Commission.

The plats that went to County Commission were approved.

 

 

NEW BUSINESS

 

ADJOURN

Being no further business the meeting was adjourned at 9:18 p.m.

Respectfully submitted,

 

 

Mary Sloan

Secretary

Minutes approved on this18th day of November, 1999.