BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, December 16, 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

Frank Abart Public Works Director

James Green Cedar Township

Mike Morgan Bourbon Township

Pat Smith Perche Township

Absent: Vacant Centralia Township

Also present: Stan Shawver, Director Thad Yonke, Staff

Bill Florea, Staff Ora Ramsey, Staff

 

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

Motion passed by acclimation.

Chairman Kirkpatrick read the procedural statement.

 

 

CONDITIONAL USE PERMITS

  1. Request by Payne Enterprises, Inc. to permit single wide mobile homes on

Lots 1, 2 and 3 of Thunderbird Valley Subdivision, located at 10300 W Eaton

Rd., Harrisburg.

Thad Yonke gave staff report that this property is located on Eaton Road, a gravel, county maintained road approximately one mile west of Harrisburg. The 3 lots included in this request are zoned A-2 (Agriculture) as are all of the surrounding tracts. This request, if approved would allow a single wide mobile home to be placed on each lot in accordance with Section 4 (9) of the zoning regulations. It should be noted that mobile home subdivisions are not a conditional use in the A-2 district. While Section 4 (9) allows a mobile home to be placed in a subdivision, staff believes that such use is intended for an individual mobile home. By granting a blanket permit that will allow a single wide mobile home to be placed on each lot, this will in effect create a mobile home subdivision, which is not permitted in the A-2 district. The original zoning for these lots is A-2. The lots were platted as Thunderbird Valley Subdivision in August 1999. These lots are within Consolidated Public Water District No. 1 service area. These lots are within the Harrisburg R-8 school district. Electric service is provided by Boone Electric Co-operative. The master plan designates this area as being suitable for agriculture and rural residential land uses. The proposed use is consistent with the master plan. Staff notified 4 property owners concerning this request. 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.

Several of these criteria can be evaluated by the staff, for example, road access and utility demands. Other criteria must be evaluated by the commission following the required public hearing.

Staff notes the rural character of the surrounding area and the proximity of the Howard County line in recommending approval of this request. However, staff recommends that, if approved, any mobile homes placed on these lots:

 

John Payne, 10951 I-70 Dr NE, President of Payne Enterprises, Inc and owner of this property. Come forward to ask for a conditional use permit that will allow him to market these lots for people to put new singlewide mobile home on. The Ordinances in Boone County are different. We see a lot of people starting out living in Boone County can afford a $30 or $40,000.00 mobile home and a piece of land. Which is what we see in today’s world. If they wanted to put a double wide on these lots we would not even be here tonight. It is an awkward situation when you are in the manufactured housing business and you want to put something on a lot. That is why we are asking for a conditional use permit. We feel this is were the market is in this area. There is an older mobile home on 5-acre tract that adjoins our property. The Howard County line basically adjoins this property. I do have some comments – the 100’ distance from Eaton Road, this is the first I’ve heard about it. I feel that is over excessive. You don’t require that type of setback on any other type of housing. The concrete piers and runners are not required by the manufacturers of most mobile homes. I feel that is excessive also. I would be happy to answer any questions.

Chairman Kirkpatrick stated that the Commission does not normally ask questions before the hearing, but curious to your response – staff makes a point that this would create a mobile home subdivision. What is your comment on that?

Mr. Payne stated that there are only three lots. We made them bigger than the 2.5 acres would could have if we had made them 3 acres lots. This is all we could make at this present time with the water line and the subdivision regulations in Boone County. We are asking for a C.U.P. on all three lots at one time so that I do not have to come back, every time I get one ready to sell, and go through the process and wait 60 days before I can close a sell. I think it saves you time saves me time. In my opinion, I do not think it creates a mobile home subdivision.

Open to public hearing.

No one in support of request.

Jerome Niemeier, PO Box 6, Harrisburg came forth in opposition of the request. Stated he was worried about complaints should it be rezoned. When he bought his property it was zoned rural. He got out as far as he could from the center of Boone County so he could farm and probably not be bothered. All of a sudden there is a mobile home park next door and across the street. He wanted entered into the record that "He is worried about complaints should this be zoned this way. I feed livestock across the road from it and there is some smell as on anyplace on a farm." The other thing is the water line. In the past year there have been 8 houses added to this water line. It is a 3-inch water line coming out of Harrisburg. They have a subdivision in Harrisburg and there have been 8 houses and he believes there are 6 more lots there for sale. They will all be pulling off this water line. He believes that soon he will not have water flow but a drip. This is a concern. The big thing he is worried about is his evaluation. He has a picture of his home if anyone cared to view it. He built his house and it is valued at approximately $200,000.00. He thought that the most he could have was a house or double wides, but they are going to put small mobile homes there. There are no restrictions on the size of these homes. Being postmaster in Harrisburg he has seen some of the houses that have been brought in and they are in pretty bad shape. He is not asking to cut Mr. Payne’s profit. However, owns property on Rte E. It is zoned for mobile homes. He also owns property right behind a 26 lot single wide mobile home park that is being put in Harrisburg. So there is no shortage for someone wanting to place a mobile home. So he asked the Commission to please consider their property value. He has two neighbors here. One is getting ready to building a nice house. Mr. Beutenmiller has a house that is valued more on the south side. The only thing he can see is that a mobile home park is going to lower his property values.

Mark Snyder, 1000 Royal Birkdale. He and his wife in the last few months bought the property that borders this subdivision to the west. They bought the last piece of property that is in Boone County on the same side as the south side of Eaton Road, next to this piece of property. Mr. Snyder commented on some of the comments that Mr. Payne had made. He state that what Mr Payne had said about the 5-acre tract with a mobile home one it joining his property. That is not exactly correct because they have 74.5 acres between the subdivision and that 5-acre tract. The Snyders had been looking for a piece of property in Boone County for 4 or 5 years. They both grew up in the county and want to raise their children in the country. They bought this piece of property out there. Since then Mr. Snyder has a commitment from the owner to buy the 5-acre tract so that he can get rid of that trailer. That was one of his goals as soon as he gets the property was to get rid of the trailer. Mr. Snyder is strictly opposed to the putting of singlewide trailers on this piece of property for the same reason Mr. Niemeier stated. The property values. We have searched for so long to find a piece of land. We really like this area. It is a nice area. Mr. Niemeier’s home is a very nice home right across from this piece. We were pretty proud to be able to build next to his. We got our first estimates on our house. It was anywhere in the range from $280 to $350,000.00 for our home. So that is the size home they had planned put on their property. Most of the statement he was going to make was brought forth by staff. Mr. Payne said he did not really think this was a mobile home subdivision. Mr. Snyder does not see how he can say this. He bought the piece of property, recorded the plat within 1-1-½ months trying to get a C.U.P. to put mobile homes on it. There has not been a sign of the property stating "Lots for Sale". There has not been an entrance cut in the subdivision or anything. Whether or not it was intended to be a mobile home subdivision it essentially becomes one as soon as he puts the first mobile home on it. No one is going to come in next to a mobile home and build a conventional single family home with what it would do to the property values of that home. He felt like there was a problem there because mobile home subdivisions were not even a conditional use in an A-2 zone. There is no way around it. If somebody comes in and puts a mobile home there there will never be another conventional home built on that piece of property. Even if a brand new mobile home is placed there everyone knows how quickly new mobile homes become old mobile homes and the conditions that surround them. The Snyders passed up many pieces of ground in their 4-5 years of trying to find a piece of ground in Boone County because of this type of situation. They did not want to live next to a mobile home park or a trailer subdivision. They searched for a long time and after a few months after buying this piece of property we started cleaning it up and this comes around. Mr. Snyder stated that they are strictly opposed to the request. The points in the ordinance that the gentleman made that have to be met before the conditional use permit can be made pretty much outlines the way the Snyder’s feel about the situation. On Section 15, Item A Conditional Uses, No. 2 b) 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. Mr. Niemeier is enjoying his property. His enjoyment and the number of years he has put into it and the Snyders have put some time and effort in theirs. There is not doubt that they will enjoy this property much less if there was a trailer park next to it; c) the conditional use permit will not substantially diminish or impair property values of existing properties in the neighborhood. Mr. Snyder stated it is not difficult to argue what will happen the property values if three single wide trailers are put in on that lot and not only that. He is convinced that should there every be that a bigger water line is put in – that that whole piece of property, that 23 +/- acres or whatever is left back there will become one big trailer park. Nobody is going to build standard single family units. Our property values will not doubt go down. The last item e) 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. Mr. Snyder is proud to have found this piece of property and really like the people in the Harrisburg area. He was proud to be planning to move his family in that area. It does seem that the area is growing as most areas around here. Out Eaton Road there is one subdivision that has done very nicely. The homes are very nice single family homes. It is doing very well. The direction that things are progressing is going very nice now. Bond issue for a new school. However, this trailer park, mobile home subdivision, whatever you’d like to call it would really impede the progress there. In his closing statement Mr. Snyder stated that he was not opposed to this development as it was originally platted. When it was presented it looked like a nice small subdivision for some single-family homes. Probably similar to what was done closer to Rte J on Eaton Road. Mr. is not opposed to at all and thinks it would be nice if that progressed out there with single family homes, but there is no way he would like to see single wide trailers come in there. That is completely a horse of a different color and that it will reduce all their values and harm everybody in the area.

Greg Beutenmiller of 14151 N Patton Rd, Harrisburg owes property just south of the Payne property. He expressed the same kind of feeling that Mr. Snyder and Mr. Niemeier have about putting a mobile home park in our community. He does not believe it will benefit them with their property value.

Closed to public hearing.

Mr. Payne returned and stated that before he did anything with the land he Water District #1 do a flow analysis on their line. The Water District told Mr. Payne that it was a 4-inch line with the ability to hook 20 homes up to it. We are probably not going to settle the argument tonight about mobile home subdivision or not. Mr. Payne stated he would not call it a mobile home subdivision 3 lots. Mr. Snyder bought his lot. The 5 acres in front of it had an older trailer that had been vacant. He stated that the person that owns the 5 acres also offered the land to him in trade for some property that Mr. Payne has. Payne Enterprises is not trying to devalue anyone’s property at all. He stated that if they wanted to split this land up into 10-acre tracts they would even have to be at the meeting and they could put single wides on it is his understanding.

Commissioner Abart said that he had a problem calling it a little bit of a problem calling it a trailer park too just because of the size of the lots. There probably does not sway one way or the other but that would be a pretty extravagant mobile home park with 3-acre lots. The question he asked Mr. Payne was why he had a concern about the 100-foot setback being excessive and/or the concrete stabilization piers?

Mr. Payne’s response was that the manufactures does not recommend and he has engineering specifications signed by a professional engineer of one of the manufacture’s just recently. They use 2 base pads that are 2 inches thick instead of piers. This kind of goes off on a tangent here. I just went through this with the County. If you get a permit to set a trailer on a piece of ground they want you to put concrete piers in, but the manufacture recommend that you put 2 - 2 inch base pads under each pier. You do not have to put the piers and runners in the ground and pour them in concrete. He believes it is excessive. He stated that he is not saying that he would sell all three lot to somebody who wants place a mobile home on them. But if they want to build a house on it the setback is 50 feet. So why is the setback doubled? Isn’t that discrimination? If you listen to what these people are saying tonight, if you listen to the attitude in Boone County they are discriminating against anybody in a pre-manufactured home anywhere in Boone County.

Commissioner Abart asked if a double wide is a pre-manufactured home.

Mr. Payne responded yes.

Commissioner Abart then stated that he could place a double wide today without even coming before the Planning and Zoning Commission. This Conditional Use allows us an opportunity to try to make these… A concrete foundation would probably lead me to believe that whoever is going to move there probably has a little bit more sense of permanency and 100 foot setback does not seem like a great concern to Commissioner Abart since it is a 3 acre lot.

Mr. Payne stated that when you have to concern the setbacks for the lagoon and where it can and can not be placed on the lot. He said he did not understand why any housing unit would have a greater setback than what something else. He said he could get a permit to build a 16 x 20 one-room house and he would be sitting back 50 feet from the property line.

Commissioner Abart had a question for staff. Can there be included in any of these requirement in a conditional use that any single wide structure that be put on there be a brand new one, never been lived in first time resident.

Stan Shawver responded that this is a conditional use permit and you can place any reasonable condition on it. Setbacks, model, anything like that.

Commissioner Green asked if when one of the lots is occupied by a mobile home that it would be conducive for the other lots. Someone will come along and purchase them and build a normal home or even a double wide.

Mr. Payne said that in his opinion, as a Real Estate Broker since 1974, he did not think it would effect the value of any property. Mr. Niemeier alluded to a piece of property that Mr. Payne purchased from Sonny Burks’ widow, down on Rte E, that Sonny had already broken up in 5-acre tracts. After her house and 20 acres was sold Mr. Payne bought the rest of the property from Carolyn Burks and we have sold 3 or 4 tracts off. One doublewide that went in there was an $80,000.00 doublewide and they paid $25,000.00 for the land and put the improvements in to it. There was another doublewide and a singlewide and one other lot that has not been touch yet. The doublewide sits right across the street from a single wide. Mr. Payne said that he does not think that anyone would build a $200,000.00 house on 3 acres in that area.

Chairman Kirkpatrick asked what ideas he had for this property when he recently subdivided less than 4 months ago? Where the single wides part of the plan back then or is it something that recently came to mind since it was subdivided?

Mr. Payne’s response was that basically it was after the plat had been approved. The market shows this is where the demand is.

Commissioner Fugit asked what Mr. Payne’s plans were for the other 25 acres behind the 3 lots?

Mr. Payne said at this time we are going to set on it – but like anything else it is for sale. We are kind of handcuffed on that 25 acres in some respects because of the subdivision regulations regarding the water lines. This is not the first time this subject has been mentioned in front of the Planning and Zoning Commission.

Commissioner Sloan asked how long Mr. Payne has owned the property.

Mr. Payne responded within the last year – 8 months. Something like that.

Chairman Kirkpatrick commented that he supposed Mr. Payne could always vacate the plat and resurvey the whole thing in 10 acre tracts and larger. You could do it that way.

Mr. Payne stated that was correct or we could just divide the back half in two lots and put older cheaper mobile homes back there.

Commissioner Sloan told Mr. Payne not to threaten the Commission.

Mr. Payne stated that he wasn’t. But that it was an option. It’s not threat. When you talk to the mobile home dealers. The singlewide mobile homes being sold today are 16 x 80 or 16 x 90. The 18 wide mobile homes coming in to Missouri and these homes are $30,000.00 and up. They have Masonite siding and shingled roofs. They are an entry level-housing unit.

Commissioner Sloan commented that she had no problem at all with manufactured housing and does business with some people who sell these. She said she is very familiar with manufactured housing. She stated that her problem with this is it leaves a lot open to what could happen. She agrees with the neighbors. Mr. Snyder does not live up there yet but has bought the property – but it sounds like Mr. Niemeier has lived there for a long time and has an investment in that property. She feels Mr. Niemeier’s investment supercedes somebody who might want to come up there and put a mobile home on the place.

Chairman Kirkpatrick is opposed to the application. He agrees with staff and disagrees with Mr. Payne. It appears in fact that this does create a mobile home subdivision, which is not permitted in that zoning district to begin with.

Commissioner Smith asked out of curiosity about Mr. Payne’s marketing efforts. How are the marketing decisions made if there is a real need for singlewide mobile homes?

Mr. Payne responded that they are in the Boone County market every day and we sell land, homes, and all types of property. They see what is selling in the market and they know what they have success with and what they do not. The market for single wides is not just right there in Harrisburg. If you get out of Columbia and a lot of people do want to get out of Columbia. There is Harrisburg, Centralia, Sturgeon and Hallsville. There is a certain amount of demand in each area. People grow up there they want to come back – they want their kids to experience the same things they did in that school system. Harrisburg is one of those. There is a real demand of housing in Harrisburg. We have owned other property in Harrisburg and we do now. We have 75 acres, part in City limits, part not. Two gentlemen in Harrisburg are putting in a mobile home park with small lot – but it is inside the City limits. There is a real demand for entry level housing. Not everyone can afford a $100,000.00 house. Take a young couple getting started, blue collar type people. $500.00 is probably the maximum payment they can afford. If you really think back when you were 20 years old what type of house did you live in? Or when you first got married or when you had your first child think back about it. There needs to be an entry level housing instead of pushing people out into rentals. Then there is very little rental property in Harrisburg school system. All these little areas are growing. Not everybody wants to live in Columbia – not everybody wants to be in Columbia school system.

Commissioner Green speaks that he gets concerned about the other 2 and 3 ¼ acres. When a mobile home goes on a lot that size, lean-to shed, fence with 2 or 3 poles, maybe a sow and pigs and that type thing. It is already zoned for that (Agriculture). On our own road we’ve had a mobile home go in and it was on a grandfathered property and within 2 years a young man built a new home there. He put in the lagoon system for a home in the beginning. But his grandfather saw to it that there were no junk cars and that type thing. That is the thing I fear the most. That is awful lot of room for a singlewide mobile home. It leaves far too much leeway with the rest of the land.

Mr. Payne asked how can you control lean-tos, hogs and junk cars where there is a house?

Commissioner Green said he has seen them around those too.

Commissioner Green made and Commissioner Morgan seconded motion to deny the request by Payne Enterprises, Inc. to permit single wide mobile homes on lots 1, 2 and 3 of Thunderbird Valley Subdivision, located at 10300 W Eaton Road., Harrisburg.

Jim Green Yes Keith Kirkpatrick Yes*

Mike Morgan Yes Darin Fugit Yes

Frank Abart No Mary Sloan Yes

Pat Smith Yes

Motion to deny Conditional Use Permit request was carried. 6 Yes 1 No

*Because of my fear subverting zoning regulations and because of item #2 as read by staff – I vote yes.

 

 

REZONING

  1. Request by James Heuer to rezone from R-S (Single Family Residential) to

C-GP (Planned Commercial) of .35 acres, more or less, located at 15471 Old

Hwy 63 North, Sturgeon.

Bill Florea gave the following staff report. This property is located on Old Highway 63 North approximately 11 miles north of Columbia and 7miles south of Sturgeon. It is the site of the old Pinnacles Hill Store, an acknowledged nonconforming use. This property is zoned R-S (Single Family Residential) as is all of the surrounding property. This request is to rezone to C-GP (Planned Commercial). However, both a Review Plan and a Final Development Plan will be required before the zoning actually will change. This site is within Public Water District No. 10 service area and within the Harrisburg R-8 School District. Electric Service is provided by Boone Electric Power Co-operative. The original zoning for this tract is R-S. However, testimony before the Boone County Zoning Board of Adjustment in May 1999 established that this property is a legitimate nonconforming use for a store and café, with a zoning equivalence of C-N (Neighborhood Commercial). The zoning regulations prohibit the expansion of a nonconforming use. This request is a result of the current owner’s desire to add fuel pumps and storage tanks to the property. The master plan designates this area as being suitable for agriculture and rural residential land uses. However, the master plan indicates that use of the planned commercial and industrial zoning districts is an appropriate method for providing commercial services along the main highways. Staff recommends approval of this request.

James Heuer of 8303 W Southeast Ct, Columbia. He just recently purchased the store and the house right next to it. He was raised in the area so he knows the community and knows how the store used to be when he was a kid. They had gas pumps then. The reason he is asking to rezone tract 1 and tract 2 - he had talked to the neighbor on the south side and they had concerned about above ground storage tanks being placed in front of their property. By owning the next property he could put his storage tanks over there. He did not have a problem with that.

Open to public hearing.

None in Favor of request.

None in opposition of request.

Closed to public hearing.

Commissioner Sloan asked Mr. Heuer if he planned to live in the house. She was concerned about the storage tanks.

Mr. Heuer stated no.

Commissioner Morgan asked how many acres was on each tract? And how could a sewer system be place on a separate tract?

Staff said that back in 1975 those were the conditions of the land at that time.

Keith Kirkpatrick asked if the store was functioning now or is it closed?

Mr. Heuer said it is functioning now as a café’ store. Originally when purchased it I though it was going to do better as a store. Grocery items and stuff like that. It has actually turned into more of a café’. I believe that is what the community intentionally wanted it to be all along was a café’. A place for people to hang out. People welcome me with open arms because I am from there and the café’ is really taking off. I have no intentions of turning it into a bar.

Commissioner Fugit made and Commissioner Morgan seconded motion to approve the request by James Heuer to rezone from R-S (Single Family Residential) to C-GP (Planned Commercial) of .35 acres, more or less, located at 15471 Old Hwy 63 North, Sturgeon.

Darin Fugit Yes Jim Green Yes

Mike Morgan Yes Pat Smith Yes

Keith Kirkpatrick Yes Frank Abart Yes

Mary Sloan Yes

Motion carries.

 

 

PLANNED DEVELOPMENTS

    1. Final Plan B for Newtown Planned Residential Development, located

at 1900 W Rte K, Columbia.

Thad Yonke gave the following staff report. This property is located one mile due south of the Columbia municipal limits, but travel distance to the city limits is three miles. The site is situated on State Highway K. A review plan for the total 22.76 acre tract was approved by the County Commission on March 31st, 1998. A final plan for a 16.83 acre portion of the property was approved in July of 1998. The current final development plan is for the remaining 5.93 acres. Upon approval of a final plan the rezoning of this portion of the property from A-2 (agriculture) to C-GP (planned commercial) with a condition limiting uses to the C-N (neighborhood commercial) uses with C-N conditional uses being required to obtain CUP’s will occur. Property to the north, across Rte K is zoned R-S. Property to the east is zoned R-M and A-2. Property to the south and west is zoned A-2. This final plan appears to comply with the approved review plan in general requirements. The sewer study required as a condition on the review plan has been provided. Additional sewer capacity beyond that already secured by the developer will need to be secured for the apartment component of this plan. This will need to be worked out with the BCRSD. 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 developer is working with the water district on this issue. Final fire flows after waterline upgrades are installed may further limit the sizes and uses of the development. A variance to the site distance from MoDOT will be required between New Town Avenue and Center Street as they connect to Route K. The number of parking spaces shown on the plan indicates that less parking is being proposed than required. Parking is not a standard that can be modified by a planned development. Therefore, the parking shown is for diagrammatic purposes only. Actual required parking will be determined based upon specific building plans and proposed uses as required in the zoning ordinance as specific building permits are applied for. The development will be within the Columbia Public School District service area. The master plan designates this area as being suitable for residential land uses. The proposed development is consistent with the approved review plan if not the master plan. This site has 76 points on the point rating system.

Staff recommends approval subject to the following conditions;

  1. That it be recognized that the parking shown on the plan is diagrammatic. Actual parking requirements will be determined as per the zoning ordinance when specific buildings and uses are determined.
  2. That the developer secure the needed additional sewer capacity from the BCRSD.
  3. That building permits will not be issued in areas that do not have sufficient fire flows until such time as the fire flows and waterlines are installed.

4. That appropriate variances be obtained from MoDOT for connection to Route K.

Nicholas Peckham of 15 South 10th St, Columbia. This is the final plan of what we have been talking about for 2 years. If it were not for the rain the road would be completed now. The intention of the final plan is to do what we said. That we would have a traditional neighborhood development. We fine-tuned it so that it would be safer and more convenient for the public. On the issue of the fire flow, to my knowledge a contract has already been signed with various contractors for a 3-part contract on installing an 8-inch water line. I have signed an easement for the 15 acres to the north of Rte K across from NewTown. In my understanding is when that water line is installed it will exceed the fire flow requirement of anything we were planning to do. I believe that it would exceed the fire flow requirements of the City of Columbia, which are quite stringent. The flow will be somewhere in the neighborhood of 900 gallons per minute. On the issue of the sewer treatment. Those plans have been completed for some time and are currently being reviewed by the Department of Natural Resources. The sewer district has indicated that the little bit of development that may take place and get completed prior to the installation of the new sewage treatment plant could only be modest – a few dwelling units perhaps and there is enough capacity in the adjacent lagoons to handle that and they have already approved that. I trust that improvement in the sewage treatment planet that was initiated by this project and then joined by other adjacent projects will in the very near future be upgraded again and cause the elimination of the lagoons to the south side of Cedar Brook, another part of the Master Plan for the Sewer District. So if it weren’t for the rain the infrastructure would be completed right now. We already have one building permit which is permissible within the guidelines of the County. But we have not initiated work on it because it is just too muddy down there.

Open to public hearing.

None in favor of plan.

None in opposition of plan.

Commissioner Sloan made and Commissioner Morgan seconded motion to approve the request for Final Plan B for NewTown Planned Residential Development, located at 1900 W Rte K, Columbia with staff recommendations.

Mary Sloan Yes Jim Green Yes

Mike Morgan Yes Pat Smith Yes

Keith Kirkpatrick Yes Frank Abart Yes

Darin Fugit Yes

Motion carries.

 

 

PLAT REVIEWS

 

    1. McManama Subdivision. S8-T51N-R11W. A-2. James and Donna
    2. McManama, owners. Donald Bormann, surveyor.

      Thad Yonke gave the staff report stating that this 3 lot minor plat is located on the immediate northwest corner of Highway 22 and March Road. The site is approximately 1 mile west of the municipal limits of the City of Centralia. The area being subdivided contains 20.13 acres. The property is zoned A-2 (agriculture). This property was rezoned last month from its original 1973 designation as A-1 (agricultural). The surrounding property to the north, west, and south is zoned A-1, property across March Rd to the east is zoned A-2 these are all original 1973 zonings. The site is in Water District #10. Fire hydrants are not required within minor plats containing less than 4 lots, as is the case here. The site is in the Centralia R-6 School District. Sewage treatment is proposed to be from an on-site lagoon. A plan showing that there is an area on the lot for a lagoon has been provided and is in the file. A waiver for cost benefit analysis for on-site vs central wastewater systems has been requested. A traffic analysis waiver has also been requested. This plat has 53 points on the point rating scale.

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

      No one was present in support of the request.

      Commissioner Abart made and Commissioner Green seconded motion to approve the request by McManama Subdivision. S8-T51N-R11W. A-2. James and Donna McManama, owners. Donald Bormann, surveyor with the granting of the waivers request.

      Frank Abart Yes Mary Sloan Yes

      Jim Green Yes Darin Fugit Yes

      Pat Smith Yes Keith Kirkpatrick Yes

      Mike Morgan Yes

      Motion carries.

      *******

    3. Deer field Ridge Plat 1. S9-T47N-R13W. A-2/PRD. Fairway
    4. Meadows Corp., owner. James Jeffries, surveyor.

      Bill Florea gave staff report that the property is located on the north side of Route K approximately ¼ mile west of Arrowhead Lake Estates. The review plan and preliminary plat was approved in September 1999 with four conditions. This is the first phase of the development, which includes 17 lots.

      All lots except Lot 1 will be accessed by new public roads to be constructed by the developer. White Fawn Court will be a 475-foot long cul-de-sac and will serve lots 2-6. Seminole Court will be a cul-de-sac that is 1,150 feet long and will serve lots 7-17. The cul-de-sac length of 1,150, which exceeds the 1000 foot maximum, was approved as part of the preliminary plat and review plan. Plans for both roads have been submitted and are under review by the Public Works Department. Condition number 3 of the preliminary prohibits access to Route K from Lots 2, 6, 7 and 17. That a note on each of the subject satisfies condition lots. The developer has not submitted any cost estimates for bonding, which indicates his intent to build the infrastructure prior to recording the plat.

      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 to the property. The District expects construction to begin sometime in January. A final plat cannot be recorded until the main extension is complete and the water lines and hydrants internal to the development have been built by the developer and accepted by the District.

      Wastewater disposal will be provided by construction of a Septic Tank Effluent Pump or STEP system. The effluent will be pumped to the Arrowhead Lake Estates treatment plant operated by Boone County Regional Sewer District. The Developer has committed to upgrade the plant to provide the necessary treatment capacity and has submitted plans for review and approval by the District. Current Sewer District specifications require lots be greater than 2 acres for a STEP system. The Sewer District has granted a variance to that requirement.

      It should be noted that, although there are four conditions of approval for the preliminary plat and review plan only one of those conditions applies to this first phase of development. That condition has been met.

      The property scored 76 points on the rating system.

      Staff recommends approval of the plat.

      Ron Shy of 5600 S Hwy KK, Columbia. This the phase 1 development of Deerfield Ridge which you recently saw in the preliminary plan unit development. I don’t really have anything to add to the staff report. It is very accurate.

       

       

       

       

       

      Commissioner Abart made and Commissioner Fugit seconded motion to approve the request by Deerfield Ridge Plat 1. S9-T47N-R13W. A-2/PRD. Fairway Meadows Corp., owner. James Jeffries, surveyor.

      Frank Abart Yes Jim Green Yes

      Darin Fugit Yes Pat Smith Yes

      Keith Kirkpatrick Yes Mike Morgan Yes

      Mary Sloan Yes

      Motion carries.

      *******

    5. Capital View Estates. S13-T45N-R12W. A-2. Kenneth and
    6. Beverly Adams, owners. Keith M Brickey, surveyor.

      Bill Florea gave staff report that the property is located on the south side of Hartman Road which, extends east off of 63 South approximately one mile north of the Callaway County Line. There is a home located on proposed Tract 2. The property has formerly been used as a rock quarry.

      Access to Tract 1 will be from Hartman Road. A right of way dedication sufficient to provide a 33-foot, half-width right of way is being dedicated on the plat. Tracts 2 and 3 will use an existing private easement to access Hartman Road. 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.

      On-site systems will be used to dispose of wastewater. A plan showing a suitable location for a lagoon, on each lot within the plat, has been submitted and is on file. The applicant has submitted a request to waive the requirement to provide a wastewater cost analysis.

      The property scored 29 points on the rating system.

      Staff recommends approval of the plat and waiver requests.

      Ken Adams of 22522 S Shore Drive, Lake Champetra, Hartsburg 65039 was present. He had no comments.

      Commissioner Abart had some comments related to Lot 1. It seems like there is a limited amount of space in there to put a house or home and a sewage treatment system of any type. It seems like a great drop in elevation there. It meets all the requirements. I was curious.

      Ken Adams commented that the back part does drop off. There is a pretty good area right up front about 50 feet from the road way exit that is a real good building site. You have to see it. It looks like it on the elevation. If you see it on site it is different. I have been in this industry for 35 years. Lake Champetra is a good example on elevation that is.

      Bill Florea stated that the plan shows a suitable location and that is really what is required.

      Commissioner Sloan made and Commissioner Green seconded motion to approve Capital View Estates. S13-745N-R12W. A-2. Kenneth and Vererly Adams, Owners. Keith M Brickey, surveyor.

      Mary Sloan Yes Darin Fugit Yes

      Jim Green Yes Mike Morgan Yes

      Keith Kirkpatrick Yes Frank Abart Yes

      Pat Smith Yes

      Motion carries.

      *******

    7. NewTown Block 5. S10-T47N-R13W. R-S/PRD. Nicholas Peckham, owner. Gene Bowen, surveyor.

Thad Yonke gave the staff report that this 1 lot phase of a major plat is located one mile due south of the Columbia municipal limits, but travel distance to the city limits is three miles. The site is situated on the south side of State Highway K. A final plan for the area contained within this plat was approved earlier in this meeting. The area being subdivided contains 1.60 acres. The original zoning of this property was A-2, a 1973 zoning. With approval of the Final Plan B the zoning changed to C-GP with a condition limiting uses to the C-N uses with C-N conditional uses being required to obtain CUP’s. Property to the north, across Rte K is zoned R-S. Property to the east is zoned R-S/PRD. Property to the south and west is zoned A-2 the A-2 is an original 1973 zoning. Additional sewer capacity beyond that already secured by the developer will need to be secured for the apartment component of this plat. This will need to be worked out with the BCRSD. 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 developer is working with the water district on this issue. Final fire flows after waterline upgrades are installed may further limit the sizes and uses of the development. Parking will be determined by specific building plans and proposed uses as required in the zoning ordinance as specific building permits are applied for. The development will be within the Columbia Public School District service area. This site has 76 points on the point rating system.

Staff recommends approval subject to the following condition;

  1. That it be recognized that the parking shown on the plan is diagrammatic. Actual parking requirements will be determined as per the zoning ordinance when specific buildings and uses are determined.
  2. That the developer secure the needed additional sewer capacity from the BCRSD.
  3. That building permits will not be issued in areas that do not have sufficient fire flows until such time as the fire flows and waterlines are available.

Nicholas Peckham of 15 South 10th St, Columbia. Had nothing to add. This is the other part of what was talked about earlier.

Commissioner Abart made and Commissioner Morgan seconded motion to approve the request by NewTown Block 5. S10-T47N-R13W. R-S/PRD. Nicholas Peckham, owner. Gene Bowen, surveyor with staff recommendations.

Frank Abart Yes Darin Fugit Yes

Mike Morgan Yes Mary Sloan Yes

Pat Smith Yes Jim Green Yes

Keith Kirkpatrick Yes

Motion carries.

 

OLD BUSINESS

Stan Shawver gave report on activities from the November 18th Planning and Zoning meeting that went to the County Commission last month on November 28, 1999.

M-L (Light Industrial) of 7.14 acres, more or less, located at 17800 N Old Hwy 63 North, Sturgeon.

Planning and Zoning recommended that this request be denied. The County Commission upheld your

recommendation.

of 20.13 acres, more or less, located at 22901 N March Rd., Centralia. Planning and Zoning

recommended request be approved. The County Commission upheld that recommendation and you

saw the plat on that tonight.

Residential) to C-GP (Planned Commercial) of .695 acres, more or less, located at 5445 S Ponderosa

St., Columbia. Planning and Zoning recommended that the request be denied. The County

Commission upheld the recommendation.

 

NEW BUSINESS

 

ADJOURN

Being no further business the meeting was adjourned at 8:17 p.m.

Respectfully submitted,

 

 

Mary Sloan

Secretary

Minutes approved on this 17th, day of February, 2000.