BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, February 17, 2000

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

Present: Keith Kirkpatrick, Chairperson Missouri Township

Darin Fugit, Vice-Chairperson Columbia Township

Michael Caruthers Centralia Township

James Green, Acting-Secretary Cedar Township

Mike Morgan Bourbon Township

Pat Smith Perche Township

Absent: Frank Abart Public Works Director

Mary Sloan, Secretary Rocky Fork Township

Also present: Stan Shawver, Director Thad Yonke, Staff

Bill Florea, Staff Ora Ramsey, Staff

 

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

Motion passed by acclimation.

Michael Caruthers, new member representing the Centralia Township, was welcomed by Chairman Kirkpatrick to his first hearing of the Planning and Zoning.

Chairman Kirkpatrick read the procedural statement.

 

 

REZONING REQUESTS

    1. Request by Daniel Doyle on behalf of Michael and Vickie Gilbane to

rezone from R-M (Moderate Density Residential) to M-LP (Planned

Industrial) of 2.7 acres, more or less, located at 10371 I-70 Drive N.E.,

Columbia.

Bill Florea gave the staff report that this property is located approximately 6 miles east of Columbia on I-70 Drive, Northeast. The property is zoned R-M (Moderate Density Residential), as is all of the surrounding land, except land situated south of I-70. There is and old house and several sheds on the property. This request was submitted with a sketch plan indicating that the development will include two buildings containing approximately 4,000 sq. ft. each. The sketch plan does not meet the standards for a review plan, so the applicant will have to return with both a review plan and a final development plan should this request be approved. The subject tract is located within the Columbia School District. Water is provided by Public Water District 9. Boone Electric Co-operative is the electric service provider. The master plan designates this area as being suitable for agriculture and rural residential land uses. While this request is not consistent with the master plan, the plan does acknowledge the use of the planned districts when considering rezoning of land for commercial or industrial use. Staff notified 25 property owners concerning this request. Staff recommends approval of this request, with the stipulation that the review plan be submitted in substantial conformance to the sketch plan, and that actual land use restrictions apply to the review plan.

Michael Kent Gilbane, of 7667 Wade School Rd, Columbia 65202 is applicant. Mr Gilbane made the following presentation. He plans to purchase the subject property and eventually put two buildings on the site. He proposes to place the first building a 40x100 and would like to use the property for a body shop and auto repair and sales location. Plans are to put their parking in the southwest end. The building will sit back about 90’ from the road and about 10’ from the west end of the property. The area where the cars will be contained will be surrounded by an 8’ privacy fence. The lake that is presently on site will be kept and used as a retaining pond for any water run-off from the property. Mr Gilbane admitted that he was aware that the layout he submitted does not exactly meet exactly staff layout requirements. However, it does reflect the proposed location and building layout on the property.

The buildings will be 40x100 and 12’ tall and will have 4 garage doors on the south end to channel any noise back out to I-70. The entrance to the property will be in the center off the access service road. Building "A" is the current project at hand. Building "B" was drawn on the layout per County Staff recommendation to reflect any future buildings.

Keith Kirkpatrick asked why Light Industrial zoning was being requested instead of Planned Commercial and was told that the Staff recommended Light Industrial. Thad Yonke stated that the proposed project would work under both districts. However, Light Industrial gives the Gilbanes a little more flexibility in terms of the usage.

Open to public hearing.

No one responded in support to the request.

Those in opposition were as follows:

Henry Alan Kelley, of 10331 E I-70 Dr NE, Columbia 65202 is opposed to the request. Mr Kelley’s easement runs beside the proposed parking lot. His main concern is for the safety of his children who catch their school bus at the corner. He believes the traffic flow will increase if the property is rezoned industrial and that will increase the concern for the safety of his children. He also stated that his property sits lower than the proposed property, which is on a hill. When it rains there is run-off that runs across his easement and goes through his land. He is concerned about Industrial waste running off and onto his land and in the creek where his children sometimes explore and play. When he purchased the land and built their home approximately one year ago it was zoned residential and thought it to stay that way. They moved out of town to this area because of the lack of congestion, noise and pollution. He believes if this property is rezoned to M-LP, it will encourage others to rezone as well.

Olga Brown, of 10201 I-70 Dr NE, Columbia 65202 is opposed to the request. Ms Brown has lived in the area for 50 years. Her home is about two blocks to the west of the proposed rezoning request. She expressed concern over increased traffic and safety especially while checking their mail. She too, wants the area to remain residential and feels that if one person is allowed to rezone then others will be attracted to the area and will seek to rezone other property in the area.

Mike Gentzsch, of 1201 Dozier Station Rd, Columbia 65202 is also opposed to the rezoning request. He expressed environmental concerns. His family has lived on their property, which joins the entire back side of the proposed site, for approximately 27 years. He enjoys living in the area and some of the amenities (black top roads) that the County has afforded the area and would like to continue his lifestyle there. He is concerned with run-off and the smell. The smell of paint fumes and thinner would be detrimental to his lifestyle.

Brenda Werdehausen lives at 1081 N Dozier Station Rd, Columbia 65202. She lives east of the property, which adjoins hers. Her reasons of opposition are concerns of pollution. Her mother lives with her and has chronic lung disease. There is enough pollution from the interstate. Ms Werdehausen has lived in the area for 49 years and does not want to see industrial zoning be allowed.

Nancy Gentzsch, of 1201 Dozier Station Rd, Columbia 65202. Ms Gentzsch is concerned with hazardous waste issues. Along with rebuilding and repainting cars there are the issues of motor oil, paint, industrial solvents. None of these things are allowed in the landfill. She is concerned with these chemicals ending up in the land and with the run-off ending up on her property.

Paul Blythe, of 1590 Duvall Rd, Columbia 65202. Mr Blythe was not present in person but sent a letter to the Commission in opposition of the rezoning request. He asked the Planning and Zoning Commission to deny the request.

John Payne, of 10951 I-70 Dr NE, Columbia 65202. Mr Payne felt that this request would be "spot-zoning". It is 1.5 miles or more from intersection of Rt Z and I-70. It is outside of any realm of commercial activity. The closest thing commercial to it is the recreational area called Tiger Tee. The proposed site is too far away, it is zoned residential and it is in an agriculture area. There is other land available for this type of use. Mr Payne believes that if this rezoning was allowed it would open the door for "spot-zoning" not only in this area, but also in other areas of the county.

Closed to public hearing.

Mr Gilbane returned and addressed some of the main concerns of the public. One of the big concerns was environmental waste. In the auto industry virtually everything that is used is recycled (tires, batteries, oil, lacquer thinners, front bumper covers, radiators, aluminum coils in A/C systems). According to Mr Gilbane there are no products that they use on their site that will be dumped, discharged or poured into the ground or in landfills. Everything is handled as required by the EPA and DNR.

Traffic concerns - there would be only one employee and Mr and Mrs Gilbane. They would have an average of possibly 2-3 customers at the site. They usually bring in two cars per week. They would not generate any more traffic than a family of 3 or 4 if it were living there – with their family and friends trafficking in and out.

Concerning the odors and fumes, Mr Gilbane stated that on the average they do maybe 1 car a week. The car is probably painted a total of 1-1.5 hours. There will be no continual or habitual exhausting fumes into the air, it is very limited and short period of time. The buildings were placed toward the front of the highway to stay as far as they could and to create enough buffer to the residence toward the back and toward the side.

Mr Gilbane stated that the noise they would generate does not even compare to the noise that is generated by the highway. The doors on the building were angled to the front to deflect any noise from their work out back into the interstate where there is a greater volume of the noise coming through.

Mr Gilbane stated he was aware that the Staff recommended industrial, but he feels that the business is simply light commercial and that’s all. There isn’t anything heavy and they sale an average of 50-60 cars a year or between 4-5 per month. There are other businesses presently in that area that are bringing in service trucks and doing light business out of their home or out of their garage. Mr Gilbane’s business is a low impact business and would be so in that area.

Mr Gilbane described the nature of his business in response to Chairman Kirkpatrick. They purchased cars from insurance companies that are lightly damaged but repairable. They bring the cars in, repair them and sale them. The cars are sold on site. There could be as many as 6 to 15 cars present at one time. There may be as many as 4 to 8 cars that are waiting to be built. Those cars will be kept behind the building in an area with an 8’ privacy fence.

The property has been unkempt. There is overgrown grass and trees, a dilapidated home, several small tin and wooden structures in disrepair. There is a small lake that is extremely filled with sediment. There are a large number of trees growing on the dam that need to be cleared away. The topography of the ground serves itself to drain into the lake. The Gilbanes plan to enhance it and channel the water off the building and driveway into that lake. The southwest end of the property is the flattest and would better display their cars, so they are planning to clear-out some of the trees in that location and install box style lighting in two areas in the front to display the cars.

In response to Commissioner Fugit’s question to staff, Bill Florea stated that the closest industrial area is on Rte Z.

Commissioner Smith made and Commissioner Fugit seconded motion to deny the request by Daniel Doyle on behalf of Michael and Vickie Gilbane to rezone from R-M (Moderate Density Residential) to M-LP (Planned Industrial) of 2.7 acres, more or less, located at 10371 I-70 Dr NE, Columbia.

Keith Kirkpatrick Yes Michael Caruthers Yes

Darin Fugit Yes Mike Morgan Yes

Pat Smith Yes Jim Green Yes

Motion to deny request unanimously approved.

*****

2. Request by Marion Schultz on behalf of Lake of the Woods South

L.L.C. to rezone 11.96 acres from R-S (Single Family Residential) to

C-GP (Planned Commercial) and 27.74 acres from R-S to M-LP (Planned

Industrial), located at 5700 E St Charles Rd, Columbia.

Thad Yonke gave staff report that this property is located just east of the Columbia city limits. The property is zoned R-S (Single Family Residential). Property to the south and east is zoned R-S. Property to the west is zoned C-G. To the north, property is zoned C-G and M-LP. It should be noted that the land designated M-LP has not had a final development plan approved. The 39.70 acres included in this request is vacant. The applicant is requesting that 11.96 acres be rezoned to C-GP, and that 27.74 acres be rezoned to M-LP. It should be noted that a review plan has not been submitted for this property. If approved, the applicant will have to submit a review plan, final development plan and follow platting requirements before any development may begin. The master plan designates commercial land use at this area of the I-70 corridor. It should be noted that while the master plan designates this area as being suitable for commercial development, the master plan does not specify the amount of land to be used for such purposes. Additionally, it should be noted that there is already commercial zoning adjacent to this site. Water service will be provided by Public Water District No. 9. The site is within the Columbia School District. Staff notified 138 property owners concerning this request. Staff recommends approval of this request, provided that review plan, final development plan and subdivision plats are submitted in conformance with regulations. Additionally, staff suggests that when a review plan is presented, the commission should consider limiting the range of uses allowed on this site.

Brian Harrington, an Allstate Consultant of 3312 Lemone Industrial Blvd, Columbia and Brian Connell, d.b.a. Connell Architecture, 28 N 8th Street, Columbia. Both men were representing the owners of the subject property. Mr Connell addressed the Commission. He contacted the officers of the Lake of the Woods Homes Association and requested a meeting to present the rezoning request to the homeowners and to hear their concerns, which he relayed back to the owners. He acknowledged the efforts on the part of the Association Officers and active members. They put a great deal of effort into the process. Mr Connell also expressed appreciation on behalf of the owners for their willingness to listen to the agenda and their participation in a meaningful dialogue that resulted in a mutually acceptable understanding of this rezoning request.

Mr Connell requested a modification to the rezoning request that was submitted. The modification is a result of the two meetings with the Neighborhood Association. 1) The owners would like to proceed with the rezoning request to rezone the 11.96 acres to C-GP. In conjunction with that acreage the owners are prepared to provide a 50’ buffer along the north property line of the Lake of the Woods Subdivision to provide an adequate buffer and a screen between the neighborhood and any future commercial development. 2) The owners are prepared to withdraw the request to rezone the 27.74 acres to M-LP with the understanding at the earliest opportunity they would be back to rezone that acreage as C-GP. These modifications are in keeping with the discussions that were held with the neighborhood.

Commissioner Fugit asked if the modification could be made and accepted the night of the meeting rather than withdrawn if the rezoning change was to a lower zoning category (i.e. instead of M-LP to C-GP). A response was made by Thad Yonke stating that because the notifications were mailed to property owners within 1000’ of subject area the Commission could not legally accept the modifications to the original request. The applicants would have to resubmit the request and property owners would have to be notified as is standard procedure.

Open to public hearing.

Those in favor of the request addressed the Commission.

Bob Northup, of 4471 Park Lane, Columbia. Mr Northup supports the rezoning because it is bringing development to the area. He does not have to travel as far for groceries and gas, etc. He appreciates the new services offered by the new convenience store and bank on the north side of the I-70 & St Charles Road. He no longer has to drive into the congested traffic at I-70/63 interchange. He stated that he and some of his neighbors are excited about the prospects of more development of this sort. They think it is fitting in what is already happening in the area and very natural and nobody will think it usual when we develop on both sides of the intersection. A lot a new subdivisions are coming in to the area they are going to need those services. Those subdivisions will only add to the congestion at the I-70/63 interchange if they have to go to get services from different commercial enterprises that they want to patronize in that congested area. It is a mess getting from one side of town to the other. So the more that happens in the area the more excited Mr Northup is about the development.

Paul Andrews, 6400 E St Charles Rd, Columbia. Mr Andrews live two blocks east of the Fire Station. He stated that it was appropriate to redo St Charles and that all the recent changes have been nothing but an improvement. He does not see any complications to what has been presented. The design work and everything that he has been able to interpret is appealing.

John Bomar, President of the Lake of the Woods Neighborhood Association, 376 N Sequoia, Columbia. He was pleased with the way that Mr Connell contacted and communicated with the Association and presented the ideas with the members and also considered the concerns of the Association Members. He and the Association support and are in agreement with the requested zoning change of the 11.96 acres from R-S to C-GP with the 50’ buffer strip. The Association is aware that Mr Connell will come back at a later time and submit a rezoning request on the 27.74 acres for C-GP.

Those in opposition are as follows:

Lucy Lee, of 640 N Shiloh Ave, Columbia. Ms Lee lives three houses down from where the property butts on Shiloh. She stated that there may have been two Neighborhood Association meetings, however, the Association does not speak for all the neighbors and certainly not the neighbors who live closer to the north side. She feels there needs to be more time to discuss this issue. Her concerns are with the road conditions on south side of St Charles Road. She feels there is too much congestion now and bad roads. Truck back up and block the road. The area on the north side has been improved. The area on the south side has not been improved and that concerns her. She doesn’t feel that the area is ready for development along that strip and more time is needed for development.

Jerry Carrington, of 729 Demaret Dr, Columbia. His main concern is the roads. He would appreciate the consideration of the roads and the limited access. He stated even with the 50’ buffer and commercial traffic going through there and rental property it will increase the road traffic through that subdivision. It looks like it would need a collector street to avoid traffic in the future going through the subdivision or the turn arounds should be dead-ended, which would not be good for the fire department. Limited access, County paved approach and roads should all be main considerations.

Ken Jacob, of 4810 St Charles Rd, Columbia. He and his family have lived about 1 mile from the development for approximately 15 or 16 years. Mr Jacob talked about the traffic congestion that already exists in the area. He expressed concern that any new commercial development will only add to the traffic problems on the well worn-out roads. Mr Jacob recommended the Commission to table the request to allow some people more time to discuss with the developers exactly what their plans are, if not deny the request. He feels that it was quit a leap from very restricted zoning to very permissive zoning. He does not believe it will improve conditions in the area.

Nancy Sublette, of 4810 St Charles Rd, Columbia. Ms Sublette shares many of the concerns that others have expressed. She has been blocked three times in the last 2 years from accessing I-70 because of trucks at the commercial development that is there. She is concerned about the quality of the commercial buildings in that area. Once permission is given to build a commercial structure there is no follow-through to make sure the building is built in the way they were specified. She believes that the area has established itself as a residential area. In the early 1980’s it was on the edge of the City and commercial zoning was appropriate but the nature of the neighborhood there has changed somewhat. She is hesitant to support whatever commercial development might come to the area because of bad roads, traffic congestion on the south side of St Charles Rd and the physical appearance of some already existing commercial building in the area.

Laurie McLean, lives at 5601 Teton, Columbia. She agrees with several of the objections that have been stated so far. Ms McLean also requested the Commission, if not deny the request, at least table it so she and other in the neighborhood could have the opportunity to look at the proposed plans. She did not receive notice of the neighborhood meetings and would like the opportunity to at least see plans and have her concerns addressed.

Jack Donelon, or 578 N Grace Lane, Columbia. Mr Donelon strongly opposed to the M-LP zoning. He stressed that change in that area is inevitable but plans need to be made as to just what type of changes need to be made in the area for the future. He agrees with the commercial zoning on the 11.96 acres but did not agree with the road access. The roads are dangerous at the new Shell station because of the tractor trailers. Another I-70/63 interchange fiasco is foreseeable.

Closed to public hearing.

Brian Connell returned and addressed some of the concerns of the citizens. He stated the nature of the request is for a planned commercial zoning. The plan nature of this request allows the opportunity for input as things proceed from this meeting. Of the 90.5 acres that encompass this entire property there is currently 13+ acres on the corner of St Charles and the outer road that is currently zoned C-G (General Commercial). There is commercial property immediately the west, planned light industrial that borders on the northeast, and single family residential borders the subject property on the east, south and the southwest. The intent of the request is in fact to work with the County and the neighbors in an effort to allow for a planned commercial development of this property to act as a buffer between the currently zoned generally commercial property, on the corner and the single residential that lies immediately to the south.

Mr Connell addressed concerns about traffic, impact and intensity of use. He hopes that it would be implicit as part of the planned development process that as they proceed with a review plan, identifying how that propose to develop the property, that they will discuss the issues of infrastructure: proper roads, sewers, main utilities, storm water. All those issues will necessarily have to be addressed as part of a review plan. There is not a plan currently at this plan. There is a request for rezoning. If the property is approved for rezoning, the next step would be to submit a review plan for review and approval. That would also allow the opportunity every step of the way for public input, for Staff input and for Commission input.

Mr Connell addressed the impact on traffic within the Lake of the Woods subdivision. He mentioned that during the two meetings with the active members of the neighborhood association these topics and many more were discussed very candidly. They talked about potential conflicting interests between the owners of this subject property and the current neighbors. They talked about the short and long range consequences of the rezoning request. The discussions were quite candid. Nobody was pulling any punches. It was for the purpose of conducting a good faith effort to come to a mutually acceptable understanding of what is appropriate on this subject property.

The neighbors made it quite clear that they were not interested in through traffic. They enjoy a certain amount of peace and quiet at this time and they were not interested in extending the streets through to some connecting collector or means of exit. They worked with Frank Abart of Public Works and members of the Staff and came to an understanding that the streets could be capped with a turn-around. The turn-around would accommodate the County’s needs for accommodating emergency vehicles and the neighbors desire to maintain a closed neighborhood. As a natural part of this process the Missouri Highway Department and the County Roads and Bridge Department and the Boone County Regional Sewer District and the Water District will all be involved in the planning process. Those requirements will have to be considered and will have to be met as a part of any review plan that is submitted before this body.

The owners of this property have every intent of developing no less than a first-class development due to the location of this property. It is a very prominent location. There will not be any more of the types of commercial developments that currently exist in that area. Mr Connell stated it does not make sense for that to happen. Many people feel that the area on the north side is a vast improvement over what was there is the past. He believes the new construction on the north side falls well within the permiters of good design and good development by County standards, by private sector standards. This intersection is quickly becoming the eastern gateway to the City of Columbia and as such the prominence of that will almost dictate that anything that happens there will be of the highest quality.

In closing Mr Connell read a letter from Mr John Bomar, President of the Lake of the Woods Homes Association for the benefit of the audience. Mr Connell reiterated that the owners of the subject property have made a commitment to a good faith effort to continue to work through the issues and come to a mutually acceptable agreement as to how this development will occur with the neighbors, the people effected by this proposed rezoning.

Commissioner Green asked for clarification of the statement "majority consensus" to the original rezoning request. Mr Bomar addressed the question by stating the original request was such that the neighborhood association did not like because part of it was planned industrial. So as the request came up at first it was not acceptable. After the modifications came about then it was acceptable.

Commissioner Fugit stated he had some concerns about the traffic, this being in his township. He was not too happy with the M-LP when he first saw it. But since the M-LP has been dropped and the Commission is only considering the C-GP. Commissioner Fugit said he was impressed with the lengths the Developer has gone through to work with the neighborhood.

Chairman Kirkpatrick stated, first he would like to congratulated the applicant on the efforts they have made to work with the neighborhood and try to come up with a compromise that may not satisfy everyone but at least be acceptable. Secondly, should this request proceed, he personally would find it difficult to view the 27.74 acres favorably if it followed very quickly on the heels of this one (11.96 acres) if he has not seen a development plan for the 11.96 acres.

Commissioner Kirkpatrick made and Commissioner Smith seconded a motion to approve the amended request by Marion Schultz on behalf of Lake of the Woods South L.L.C. to rezone 11.96 acres from R-S (Single Family Residential) to C-GP (Planned Commercial) with the 50’ buffer, located at 5700 E St Charles Rd, Columbia as was presented before the Commission on February 17, 2000.

Keith Kirkpatrick Yes Michael Caruthers Yes

Pat Smith Yes Mike Morgan Yes

Darin Fugit Yes Jim Green Yes

Motion to approved request as amended was unanimously approved.

 

 

PLANNED DEVELOPMENTS

  1. Request by Carl and Sandra Freiling to approve a review plan and preliminary

Plat of Big Branch Estates, located at 10221 Johnson Cemetery Rd., Ashland.

This property is located 1/2 mile north of the community of Englewood and approximately 3 miles north and 3 miles east of the Ashland municipal limits. The site is situated on a private easement off Johnson Cemetery Road. A review plan for the total tract has been submitted as well as a 2-lot minor plat. The Review Plan contains approximately 78 acres. The review plan proposes 2 tracts, one for each of the existing residential units on the property, and a remainder tract for the majority of the property showing no existing or proposed structures. An amended review plan and corresponding final plan will be required before any building permits of any type can be issued on the remainder tract. The property is zoned A-1 (Agriculture) as is all the surrounding property. These are all original 1973 zonings. An existing on-site wastewater system is shown on each proposed lot for each of the two existing houses. This is to remain as the sewage system for the two developable lots. This area is served by Consolidated Public Water District No. 1. There is an existing 2-inch waterline serving the development. The development will be within the Southern Boone County School District service area and the Southern Boone County Fire Protection District. Fire hydrants are not required at this time by the current proposed plat. The 2-lot minor plat component of this request encompasses 23.95 acres of the total property and is proposed to create a 15.91-acre lot and an 8.04-acre lot. Even though the 8.04 acre lot is less than the 10 acre normal required minimum lot size for an A-1 district, within planned developments, smaller lots can be proposed when the overall density is at least 1 unit per 10 acres. In this case the total acreage for lots 1 & 2 is consistent with this density, essentially, some of the density from lot 1 has been "borrowed" by lot 2 allowing it to be platted with less than 10 acres. As a planned development any additional structures desired for these lots will require resubmittal and approval of an amended review plan and corresponding final plan prior to issuance of any building permit. The owner has requested a waiver of traffic analysis and cost benefit analysis for central sewer. Staff concurs with these requests. It is important to note that since the development is exclusively served by a private access easement that the maximum number of tracts that can be served in this fashion is 4, so any proposed future revision to this review plan will need direct public road access or at most one additional lot will be able to be created. The master plan designates this area as being suitable for agricultural and rural residential land uses. The proposed development is consistent with the master plan. This minor plat has 16 points on the point rating system the PRD overall has 8 points on the point rating system.

Staff recommends approval of the review plan and minor plat along with waiver requests subject to the following conditions:

  1. That it be recognized that any additional platting is limited by the maximum number of total tracts that can be served by a non-governmentally maintained public road.
  2. That it be recognized that no building permits can be issued within the PRD until a review plan & final development plan showing the desired structure is approved.

Carl Freiling, of 17300 Burnett School Rd, Ashland is applicant. This request is an attempt to make the lots conform to the existing structures in a sensible way. He referenced the submitted plat. By moving the line between Lots 1 and 2 south, which is what Lot 1 larger and Lot 2 smaller, the lot line still is in pretty close proxcimeny to one of the homes and right at the tear-drop circle drive. The request is not an issue of density it is a issue of trying to make lot lines sensible around two existing structures. This property had these two homes built by a family and in trying to break them into two seprate lots to leave 10 acres with Tract 2 just crams that property line right in the front yard of the other house. Mr Freiling is using the PRD as a means of creating more rational lot lines. These properties are accessed by a public right away to the property. Public dedication was made and actually recorded in 1970. It is not a private access to this property. It is public right away.

Staff commented on the inturrritaion of the right away. With platting it may be publically dedicated, but it is not publically maintained. So both point of views are actually correct.

Chairman Kirkpatrick asked Mr Freiling if he understood the requirement with the stipulation that further development is pretty limited until that does be publically maintained.

Mr Freiling say that his understanding with Staff early before he bought subject property was that any road way that comes off this public right away can have not more than four tracts on it.

Open to public hearing.

No one spoke in favor of the request.

No one spoke in opposition of the request.

Closed to public hearing.

Mr Freiling responded to Commissioner Morgan question of who maintains the road. Several things will happen before sale of this property. Proper road easements will be recorded. Proper road maintains agreement will be recorded and a relatively extensive set of covenants. All this is subject to approval.

Commissioner Smith made and Commissioner Morgan seconded motion to approve the request by Carl and Sandra Freiling to approve a review plan of Big Branch Estates, located at 10221 Johnson Cemetery Rd., Ashland.

Pat Smith Yes Darin Fugit Yes

Mike Morgan Yes Michael Caruthers Yes

Keith Kirkpatrick Yes Jim Green Yes

Motion to approve request was unanimous.

Commissioner Smith made and Commissioner Morgan seconded motion to approve the request by Carl and Sandra Freiling to approve a preliminary plat of Big Branch Estates, located at 10221 Johnson Cemetery Rd., Ashland with Staff recommendations.

Pat Smith Yes Darin Fugit Yes

Mike Morgan Yes Michael Caruthers Yes

Keith Kirkpatrick Yes Jim Green Yes

Motion to approve request was unanimous.

 

 

PLAT REVIEWS

  1. Willow Brook Plat 2, replat of lot 40. S19-T49N-R12W. R-S. Robert Conrad
  2. Developers, Inc, owner. Curtis E. Basinger, surveyor.

    Thad Yonke gave staff report of this 1 lot minor plat is a replat of lot 40 of Willow Brook Subdivision Plat 2. This plat is located on the east side of Alfalfa Drive, immediately south of the intersection of Bulrush Drive and Alfalfa Drive. The site is 3/4 of a mile to 1 mile north of the municipal limits of the City of Columbia. The area being subdivided contains 0.26 acres. This property is zoned R-S, (residential-single family) as is all the property to the north, east, and south. These are all the original 1973 zonings. The property to the west across Alfalfa Drive is zoned A-2 (agriculture) and is an original 1973 zoning. Water service will be provided by Public Water District #4. There is an 8" watermain coming from the north out of Haystack Acres that serves Willow Brook Plat 2. Sewage treatment is from the central system that is in the process of being completed as a joint venture by the BCRSD, the City of Columbia, and the developer. Sewer service will be provided by the City of Columbia. A waiver has been requested for traffic analysis and staff concurs with this request. The plat is in the Columbia Public School District and the Boone County Fire Protection District. Hydrants to serve this plat were installed with the main plat. The purpose of this re-plat is to amend the building line. The developer placed a 35’ building line along Alfalfa Drive in both Willow Brook Plat 1 & 2. The minimum required building line for an R-S district is 25’, nevertheless, the 35’ line was binding. The builder of the house under construction on the lot built within the 35’ building line. In order to not have to remove the portion of the house inside the building line, the owner sought and received tentative vacation approval in December of 1999 of the original Lot 40 in order to present the current replat. The vacation will take effect upon recording of the re-plat. This plat has 67 points on the point rating scale.

    Staff recommends approval along with the waiver request.

    Curtis E Basinger was present and made no additional comments.

    Commissioner Smith made and Commissioner Fugit seconded motion to approve Willow Brook Plat 2, replat of lot 40 along with waiver request. S19-T49N-R12W. R-S. Robert Conrad Developers, Inc., owner. Curtis E. Basinger, surveyor.

    Pat Smith Yes Michael Caruthers Yes

    Darin Fugit Yes Mike Morgan Yes

    Keith Kirkpatrick Yes Jim Green Yes

    Motion unanimously approved.

    *****

     

     

  3. Finley Bridge Plat 6. S28-T51N-R12W. A-2. Anthony & Joyce Lowhorn,

owners. Donald E. Bormann, surveyor.

Thad Yonke gave staff report for this 2-lot minor plat is located on the south side of Gordon Road. The site is approximately 450 feet east of the intersection of Gordon Rd and State Route V. The site is approximately 3 miles south and slightly east of the City of Sturgeon. The area being subdivided contains 10.04 acres. This property is zoned A-2 (Agricultural) as is the property to the west, south, and east. Property to the north across Gordon Road is zoned A-1 (Agriculture). All of these zonings are the original 1973 zonings. Water service is provided by Public Water District # 10. There is currently a 4-inch waterline running along the north side of Gordon Road, which will serve these lots. Sewage treatment will be on site; the appropriate area is designated on separate document in the file. There is currently an existing home on proposed Lot 1 while the lagoon for this home is on Lot 2. The sewage plan indicates that a new lagoon system will be constructed on Lot 1 for the home on Lot 1 and that the existing lagoon on Lot 2 will be used for any new home built on Lot 2. All construction of structures and lagoons must meet the full current standards. The owner has requested a waiver of the requirement for traffic analysis and cost benefit analysis for sewage treatment. Staff concurs with this request and recommends that the waivers be granted. The site is in Sturgeon School District and the Boone County Fire Protection District. This plat has 26 points on the point rating scale.

Staff recommends approval along with granting the waivers for cost benefit analysis for sewage treatment and traffic analysis subject to the following condition:

    1. A sewage system be approved and installed upon Lot 1 for the existing home

on Lot 1 prior to the recording of the plat.

Don Bormann was present.

Commissioner Smith made and Commissioner Fugit seconded motion to approve Finley Bridge Plat 6, along with waiver request and Staff conditions. S28-T51N-R12W. A-2. Anthony & Joyce Lowhorn, owners. Donald E. Bormann, surveyor.

Pat Smith Yes Michael Caruthers Yes

Darin Fugit Yes Mike Morgan Yes

Keith Kirkpatrick Yes Jim Green Yes

Motion unanimously approved.

*****

  1. Golf Subdivision. S2-T48N-R12W. R-S. Charlotte C. O’Neal, owner.
  2. Bill R. Crockett, surveyor.

    Thad Yonke also gave the staff report on this 2-lot minor plat is located on the west side of Golf Blvd. The site is approximately 1450 feet north of the intersection of Golf Blvd. and St. Charles Road. The site is approximately 1 mile east of the municipal limits of the City of Columbia. The area being subdivided contains 0.967 acres. This property is zoned R-S (Residential-Single Family) as is the surrounding property. All of these zonings are the original 1973 zonings. The site is in PWSD #9 service area; however, it is in an area that has a territorial agreement with the City of Columbia. PWSD # 9 indicates that water service will be provided by the City of Columbia. Sewage treatment will be from the BCRSD with ultimate treatment from the City of Columbia. This site is part of the Pin-Oak neighborhood improvement district. It is important to note that the BCRSD has informed us that since the Pin-Oak NID assessment was fixed on the parent tract that if either of the lots in this plat defaults on the NID payment both lots are in jeopardy. The owner has requested a waiver of the requirement for traffic analysis. Staff concurs with this request and recommends that the waiver be granted. The site is in the Columbia Public School District and the Boone County Fire Protection District. This plat has 78 points on the point rating scale.

    Staff recommends approval along with granting the waiver request.

    Ken Marima, or 1218 S Clearview Road, represented the plat.

    Discussion was held regarding Neighborhood Improvement Development (NID) assessment. Staff commented that eventually the NID assessment would be removed from the property. Chairman Kirkpatrick expressed concern about a potential buyer of subject property being unaware of the NID assessment and questioned whether or not to make a note on the plat. Director Stan Shawver made the comment that he understood the concern but that it would not be a good idea to include NID assessment on the plat.

    Commissioner Morgan and Commissioner Fugit seconded motion to approve Golf Subdivision, with waiver request. S2-T48N-R12W. R-S. Charlotte C. O’Neal, owner. Bill R. Crockett, surveyor.

    Mike Morgan Yes Michael Caruthers Yes

    Darin Fugit Yes Pat Smith Yes

    Keith Kirkpatrick Yes Jim Green Yes

    Motion unanimously approved.

    *****

  3. Rolling Oaks Phase 2, preliminary plat. A-2. S19-T50N-R13W.

David E. Rausch, owner. James R. Jeffries, surveyor.

Bill Florea gave the following staff report - The property is located on the north and south side of Alspaw Road, immediately east of Route E. The proposal is to create a 12 lot residential subdivision with lots ranging in size from 2.5 acres to nearly eight acres.

All lots will have access to Alspaw Road except Lot 10, which only has frontage on Route E. Lot 9 has frontage on both Route E and Alspaw Road, however it will be recommended that access to Route E from Lot 9 be prohibited. Right of way for Alspaw Road, sufficient to meet the standard for a collector road, will be dedicated on the final plat.

The property is in Consolidated Water District Number 1. There is an existing six-inch line running along Alspaw Road that has adequate capacity to provide domestic service and fire flow. The developer will be responsible for the installation of fire hydrants at intervals not exceeding 500 feet.

The developer has proposed on-site wastewater systems. A plan showing an appropriate location for a lagoon on each lot has been submitted. A wastewater cost analysis prepared by Allstate Consultants has been submitted. The analysis compares the cost of a lagoon on each lot to the cost of constructing a gravity sewer and a STEP sewer system. The cost of each system is as follows:

The conclusion is that the onsite lagoons require less capital investment and less annual maintenance cost than the other options.

The property scored 46 points on the rating system.

Staff recommends approval with the following condition.

Brian Harrington of Allstate Consultants present and had no further comments to add.

Commissioner Green made and Commissioner Caruthers seconded motion to approve Rolling Oaks Phase 2, preliminary plat, with staff recommendations. A-2. S19-T50N-R13W. David E. Rausch, owner. James R. Jeffries, surveyor.

Jim Green Yes Darrin Fugit Yes

Michael Caruthers Yes Pat Smith Yes

Keith Kirkpatrick Yes Mike Morgan Yes

Motion unanimously approved.

 

 

OLD BUSINESS

Stan Shawver gave report on activities from the December 16th Planning and Zoning meeting that went to the County Commission month before last on December 28, 1999.

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

Rd., Harrisburg. County Commission supported P&Z Commission to deny request.

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

Hwy 63 North, Sturgeon. County Commission supported P&Z Commission to approve request.

at 1900 W Rte K, Columbia. County Commission supported P&Z Commission

to deny request.

McManama, owners. Donald Bormann, surveyor. County Commission supported P&Z Commission to approve request.

Meadows Corp., owner. James Jeffries, surveyor. County Commission supported P&Z Commission to approve request.

Beverly Adams, owners. Keith M Brickey, surveyor. County Commission supported P&Z Commission to approve request.

Gene Bowen, surveyor. County Commission supported P&Z Commission to approve request.

 

 

NEW BUSINESS

 

 

ADJOURN

Being no further business the meeting was adjourned at 9:17 p.m.

Respectfully submitted,

 

 

Jim Green

Acting-Secretary

Minutes approved on this 16th, day of March, 2000.