BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, May 18, 2000

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

Mary Sloan, Secretary Rocky Fork Township

Michael Caruthers Centralia Township

James Green Cedar Township

Mike Morgan Bourbon Township

David Piest Public Works

Pat Smith Perche Township

Absent: Darin Fugit, Vice-Chairperson Columbia Township

Also present: Stan Shawver, Director Thad Yonke, Staff

Bill Florea, Staff Ora Ramsey, Staff

Commissioner Green made and Commissioner Smith seconded a motion to approve the minutes of April 20, 2000 meeting with no corrections.

Motion passed by acclimation.

Chairman Kirkpatrick read the procedural statement.

 

 

CONDITIONAL USE PERMITS

None

 

 

REZONING REQUESTS

  1. Request by Central Missouri Diabetes Children’s Camp, Inc. to rezone 72 acres, more or less, from A-2 (Agriculture) to REC (Recreation), located at 5990 W Hatton Chapel Rd., Columbia

Thad Yonke gave staff report that this property is located 2 ½ miles northwest of Columbia on Hatton Chapel Rd. The property is zoned A-2 (Agriculture), as is all of the surrounding land. The property is used as a summer camp for children suffering from diabetes. There are cabins, a dining hall, and bathhouses on the property. There is also a mobile home occupied by a caretaker on the property. This use is a non-conforming use under county zoning regulations. The applicants want to build a storage building on the property. According to the zoning regulations, this would be considered and expansion of the use, which the regulations prohibit. REC (Recreation) zoning will permit the applicant to continue the uses already taking place on the property, plus will allow the storage building to be built, and also will permit future construction should they need additional cabins or other facilities. This site is served by Boone Electric Co-operative and is within Consolidated Public Water District No. 1 service area. The master plan designates this area as being suitable for Agricultural and rural residential land uses. The existing use is consistent with the master plan. Staff recommends approval of this request. Twenty-seven property owners were notified of this request.

Pete Bakutes, PO Box 7424, Columbia. Mr Bakutes is the Camp Director and the Agency Director of Central MO Diabetic Children’s Camp Inc. (CMDCCI)

This is a change to conform the zoning to the use that this property has been enjoying and experiencing since it was purchased. CMDCCI purchased the land in October 1974. A diabetic kids and teens camp has been operated at the site every summer since 1975. They foresee no change in the use. There are no plans to change the type of development or use it all year long. There will be some expansion over time of the use because the Camp is becoming more popular. Basically they want to build the storage building so that their dinner hall and activity building for use during the rest of the year. Up until now once the camp was closed for the summer the property could not be used because all of the outdoor equipment had to be stored inside the dinning hall and activity building. Those buildings are needed during any off-season use at the camp, so there was a need for the storage building to free the other buildings up.

Over time they would like to be able to hold some weekend educational camps for kids, diabetic adults, for families of diabetics. They would also like to make this property available to the general community to "not-for-profits" and that is not realistic if there is not dining hall to cook food in and sit down and eat meals. That is the real for putting up the storage building. The storage building caused the need for the rezoning. It will continue to be the same use.

Commission Smith asked if the CMDCCI was not granted the rezoning how would it effect the camp? Mr Bakutes stated that he was not an expert in this manner but assumed that the camp could not construction any additional buildings. They would like to build another cabin on the boy’s side so that more children can come to camp and receive the education. If the zoning is not changed it would limit the number of children who could come and benefit from this camp.

Open to public hearing.

No one spoke in support of the request.

Those in opposition of the request spoke.

Vic Creason, 4810 Griffiths Lane, Columbia. Mr Creason is a property owner near the camp. Asked why the property had to be rezoned. Wanted to know why the applicant couldn’t just get a building permit and put the building up, instead of having the property rezoned. Mr Creason is concerned that once the property is rezoned it will generate a lot more traffic to the area.

Chairman Kirkpatrick explained that the property was considered non-conforming use. The zoning regulations would not allow the building to be built unless they got the zoning changed.

Mr Creason expressed concern for what would happen once the rezoning was approved and the property sold. He asked if any type of recreation would be allowed once it was rezoned.

Chairman Kirkpatrick stated there was a list the permitted uses within the Zoning Ordinance and that not just any use would be allowed.

Closed to public hearing.

Chairman Kirkpatrick pointed out the need for planned recreational use. It is coming soon – but not available at this time. He mentioned the action taken last month with a request and expressed concern for being consistent.

Commissioner Sloan made the comment that the Commission has approved other camps, similar things, for non-profit groups like the Girl Scout Camp, the Camp Fire Girls and the Church Camp.

In response to Commissioner Sloan question about the 72 acres of camp land, the applicant stated that approximately 65% of the acreage was wooded and 35% open space for recreation. The property is very hilly and wonderful for a summer camp and not very suitable for a lot of other uses that people might make of land in general. The camp has owned the property in 1974. A Methodist minister and his wife previously owned it. According to what Mr Bakutes has been told, the prior owners held Methodist Church camps on the property for approximately 20 years. The property was purchased at the time because it was available and the camp was looking for it’s own property so that it could give the kids the same place to come back to year after year and also develop the camp suitable for this specialized camping. The kids need to test blood, have insulin shots, they need to have their diabetes regulated. The camp has been developed so that those things could be done at the camp.

Chairman Kirkpatrick asked if any consideration had been given to rezone part of the tract.

Mr Bakutes had not considered rezoning part of the tract. He stated his contractor tried to obtain a building permit to put up the storage building and was surprised to find out that they would need to rezone. He had not considered rezoning only part of the property. Realistically, there are only certain parts of the property that they would plan to build on and they are in the heart of camp. They don’t plan to put anything on their softball field or by the basketball court or in the open areas. They plan to confine building in the heart of camp. A lot of that is medically driven. They can’t having kids walking to other reaches of camp at meal times with low blood sugars, because medically it doesn’t work. They have to pretty much keep camp in the area that it is. A partial rezoning would work just as well for the applicant, but frankly he had not thought of it. He said this is all new to him and he is learning as he goes.

Commissioner Green made and Commissioner Morgan seconded motion to approve the request by Central Missouri Diabetes Children’s Camp, Inc. to rezone 72 acres, more or less, from A-2 (Agriculture) to REC (Recreation), located at 5990 W Hatton Chapel Rd., Columbia

Jim Green Yes Keith Kirkpatrick Yes

Mike Morgan Yes Pat Smith Yes

David Piest Yes Mary Sloan Yes

Michael Caruthers Yes

Motion to approve the rezoning request carried. 7 Yes 0 No

PLANNED DEVELOPMENT

None.

 

 

PLAT REVIEWS

  1. Rutland Ridge Plat 2. S3-T46N-R13W. A-2. Robert Dee Morris, owner. C. Stephen Heying, surveyor.

Thad Yonke gave staff report – This 2 lot minor plat is located on the south side of State Route N in the community of Easley. The site is approximately in the south east corner of the intersection of Rippeto Road and State Route N. The site is approximately 6 miles south of the municipal limits of the City of Columbia and approximately 6 miles west of the municipal limits of the City of Ashland. The area being subdivided contains 15.37 acres. This property is predominantly zoned A-2, (agriculture) with a small portion of R-S, (residential single-family) zoning. The property to the north and south is similarly split with the bulk of the property being A-2 and a small portion of R-S zoning. The property to the east is zoned A-2. The property to the west is split C-N (neighborhood commercial) and R-S zoning. The property to the southwest is zoned R-S. These are all the original 1973 zonings. The site is in Consolidated Public Water Service District #1; however, there are no watermains or public water in the area. There is an existing house, barn, and lagoon on proposed lot 2. Sewage treatment is proposed to be from on-site sewage systems. A sewage plan is provided and is in the file. The plat is in the Columbia Public School District and the Southern Boone County Fire Protection District. Hydrants are not required for this plat. A waiver from the traffic analysis and cost benefit analysis for sewer have been requested. Staff concurs with this request. There are a number of drafting items that need to be cleaned up on the original mylar prior to signature. This plat has 28 points on the point rating scale.

Staff recommends approval along with the waiver requests subject to the following condition: That the needed corrections be made to the plat to the satisfaction of the planning department prior to signature.

Steve Heying, 1202 Madison, Columbia, was present with the owner and represented the plat.

Commissioner Smith made and Commissioner Sloan seconded motion to approve Rutland Ridge Plat 2. with waiver requests and corrections. S3-T46N-R13W. A-2. Roberta Dee Morris, owner. C. Stephen Heying, surveyor.

Pat Smith Yes Michael Caruthers Yes

Mary Sloan Yes Keith Kirkpatrick Yes

Mike Morgan Yes Jim Green Yes

David Piest Yes

Motion to approve plat with waiver requests and corrections carried. 7 Yes 0 No

* * * * * * *

 

  1. Rachel Subdivision. S27-T46N-R12. A-2. Stuart and Gail Raskin, owners. C. Stephen Heying, surveyor.
  2. Thad Yonke gave staff report- This 1-lot minor plat is located on the west side of Old Highway 63 South. The site is approximately 300 feet north of the intersection of Blythe Road and Old Highway 63. The site is approximately 1&1/4 miles south of the City of Ashland. The area being subdivided contains 3.00 acres. The remaining 4.18 acres is being attached to a 28.57-acre tract to the immediate west that is under the same ownership. A note to this effect is shown on the plat and this 4.18 acres is not a separate lot for either sale or development from the 28.57-acre property. This property is zoned A-2 (Agricultural) as is the surrounding property. All of these zonings are the original 1973 zonings. Water service is provided by Consolidated Public Water Service District # 1. There is currently a 4-inch waterline running north to south across the property. Fire hydrants are not required for this development. Sewage treatment will be on site; the appropriate area is designated on separate document in the file. There is currently an existing home, shed, and septic system on proposed Lot 1. 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 Southern Boone School District and the Southern Boone County Fire Protection District. This plat has 53 points on the point rating scale.

    Staff recommends approval along with granting the waivers for cost benefit analysis for sewage treatment and traffic analysis.

    The 4.18 acre piece was originally submitted as a second lot, which had some problems being a stand alone lot, but since the property owner owns the 28.57 acres that is immediately behind it. The owners can attach the 4.18 acres to that which will end up being a 32.75-acre piece, which is the way it will be considered because of the note. That is not included within the plat so it can not be sold as a separate one described by this survey. As part of that full 32.75 acre piece it could be developed in terms of if there is no other building on that 32.75 acres, and the applicant want to take a building permit out, we would consider it part of that whole 32.75 acres, but it can not be sold separately and developed separately from the 28.57 acres.

    Chairman Kirkpatrick asked if that is what the note actually says. Thad Yonke stated this is what the note would imply in terms of the remainder of the surveys being here attached to the other piece. The actual implication that it’s not for development. Staff did not want to have the words ‘not for development’ on the plat because it is not for separate development, but if it is part of that 32.75 acre piece and the owner sales the whole 32.75 acre piece and there is not dwelling unit any where on it and somebody wants to put a house on this 4.18 acres, part of that 32.75 acres. They could actually put the building in this portion – so it is not like a not for development tract that would be shown on a normal plat where there is absolutely nothing that can be done in that not for development tract.

    The actual may be further subdivided refers the note that refers to Lot 1. For Lot 1 Under the County Subdivision Regulations if there was no note to this effect on the plat any change in the configuration of this, to add or subtract acreage to it, would require a vacation hearing in front of the County Commission before a replat could be submitted to the Planning & Zoning Commission for review. The note merely gets the owner out of having to do that.

    Steve Heying, 1202 Madison, Columbia, was present and represented the plat. The rest of the tract was what was left of a survey that is already of record. That is where the rub came. The owner was going to divide the survey of record into two pieces. That did not work, so the owner is going to forget the rest of the survey and make a subdivision plat of the 3 acres.

    Commissioner Green made and Commissioner Smith seconded motion to approve Rachel Subdivision with staff recommendations. S27-T46N-R12. A-2. Stuart and Gail Raskin, owners. C. Stephen Heying, surveyor.

    Jim Green Yes Michael Caruthers Yes

    Pat Smith Yes Mike Morgan Yes

    Keith Kirkpatrick Yes David Piest Yes

    Mary Sloan Yes

    Motion to approve plat with staff recommendations carried. 7 Yes 0 No

    * * * * * * *

  3. Lake George Plat 1. S15-T48N-R12W. R-S. Laurel and Ermine Powell, owners. James R. Jeffries, surveyor.
  4. Bill Florea gave this staff report - the property is located on Richland Road, approximately one mile east of St. Charles Road. The tract being subdivided is part of a parent parcel from which four lots have been previously subdivided. There is an existing house and lagoon on the property as well as a lake and approximately 3 acres of 100-year floodplain.

    Both lots will have direct access to Richland Road, which is designated as an arterial. A strip of land sufficient to provide a 50-foot half-width right of way will be dedicated by this plat. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

    Water District 9 will provide water service. Fire flow requirements must be met because more than three lots have been subdivided from the parent tract. A survey sketch provided by Allstate Consultants shows that there is an existing fire hydrant within 500 feet of the property.

    On-site wastewater systems will be used for sewage disposal. A plan showing a suitable location for wastewater systems on each lot has been provided. The lagoon serving the house on Lot 1 will be located on Lot 2 within the area identified as lagoon easement. The applicant has submitted a request to waive the requirement to provide a wastewater cost-benefit analysis.

    The property scored 56 points on the rating system.

    Staff recommends approval of the plat and waiver requests.

    Ermine Dale Powell, 5000 Richland Rd, Columbia. The owners are not planning a subdivision. They just want to sell the in-laws house that they have owned for approximately 4 years. Their surveyor advised them that they would need to plat and describe the property as a subdivision in order to sell the house. The sewer system has been brought up-to-date and house is ready to be sold.

    Commissioner Sloan made and Commissioner Smith seconded motion to approve Lake George Plat 1. with waiver requests. S15-T48N-R12W. R-S. Laurel and Ermine Powell, owners. James R. Jeffries, surveyor.

     

    Mary Sloan Yes Jim Green Yes

    Pat Smith Yes Michael Caruthers Yes

    Mike Morgan Yes Keith Kirkpatrick Yes

    David Piest Yes

    Motion to approve plat with waiver requests carried. 7 Yes 0 No

    * * * * * * *

  5. Spencer Hills, preliminary plat. S24-T49N-R13W. R-M. N.B.C Inc., owner. J. Daniel Brush, surveyor.

Bill Florea gave the staff report that the property is located east of and adjacent to Clearview Subdivision, approximately one mile north of Columbia. The current zoning is Moderate Density Residential, R-M. A preliminary plat of 10 single family and 20 duplex lots was approved in August 1998. The first phase of the project, Spencer Hills Plat 1 containing 10 single family lots, was approved in September 1998. A revised preliminary plat was approved in May 1999. Since that time the developers have acquired additional property and are seeking approval for a second revised preliminary plat.

This proposal would revise the project to 68 lots. As indicated by a note on the preliminary plat, all lots in the previous plat were intended for single family residential construction. The developer has not indicated a desire to alter that restriction; therefore it should be carried over to this plat.

A traffic study was submitted analyzing the impact of the plat on the existing road system. The study recommends construction of a second outlet in addition to Autumn Drive. The second outlet was originally intended to be created by building Autumn Drive north to E. Cedar Court and extending E. Cedar Court west to connect with the existing portion of E. Cedar Court in Clearview Subdivision. Due to topographic reasons and concerns of affected neighbors, this connection is no longer desirable. Instead, a connection to the existing portion of Clearview Drive at the southeast corner of this plat will be made. The previous plat required the second access to be constructed prior to platting the 21st lot. That restriction should be carried over to this plat by requiring the connection to the existing portion of Clearview Drive to be made prior to platting the 21st lot.

The developer has an existing agreement with Boone County Regional Sewer District to provide sewer service. The existing agreement, which allows sewer service for 50 residential units is being modified to allow treatment capacity for 68 residential units. Because of this limitation of sewer service, only 68 of the 93 lots shown on the preliminary plat can receive approval. A note has been placed on the plat indicating that lots 69-93 are being show for diagrammatic purposes only. A new preliminary plat will be required before lots 69-93 can be developed.

The City of Columbia will provide water service. The developer will be responsible for construction of the main that will be built according to plans prepared by City Water and Light. Fire hydrant spacing and fire flow will meet City of Columbia Standards, which exceed Boone County Standards.

The property scores 84 points on the rating system.

Staff recommends approval subject to the following condition:

  1. Prior to platting the 21st lot Clearview Drive must be constructed south to the existing portion of Clearview Drive. All construction must meet the current standards published in the Boone County Road, Bridge and Right of Way Regulations.

 

Jim Brush, 506 Nichols St, Columbia represented the plat.

Acting-Commissioner Piest, felt it was worth mentioning that the original intent of the Public Works Department with regards to the second excess was a second excess other than Clearview Road. Because no matter whether it is west on East Cedar Court or an extension to the South on Clearview Drive (Drive not Road) there will still be one single access to this entire development on Clearview Road in the end. As representative of Public Works he felt it was necessary to re-iterate the comment. The traffic study did suggest or propose alternatives from the north end of the existing Clearview Road. Staff is at least aware of it. He does not believe it is a burden to be placed on the developer but somehow the second access, other than Clearview Road has got to somehow materialize. It probably won’t be happening through the programs of the Public Works Department sometime in the near future. Developments of plats this size normally does take a long period of time – it is a possibility of something like could occur and greatly alleviate the bottleneck and problem of Clearview Road. Again, Mr Piest felt it was very necessary to make the above comments. If for no other reason than future reference with additional development in the area and possibly the conditions that were place on this 21-lot development.

A suggestion was made, by Mr Piest, to make reference to the easement documents on the plat. That would be helpful for people review or using this plat, as potential buyers of property and people who are surveying.

Bill Florea also commented on the traffic situation. Staff has discussed the traffic potential for an issue on future subdivision. There is already a problem with traffic in the area. It is a long-standing problem and to lay that entire problem on one developer is questionable bad policy. It is a problem that needs to be dealt with. The developer is providing two stubs to an adjacent property to the east, which hopefully will create a corridor eastward to Hwy 763, which would create that second way in and out.

There were really two issue that were outlined with regard to that access issue. 1) internal circulation within the subdivision and that was the reference to having two ways out of the subdivision; and 2) the larger issue of Clearview Road being the only access into that area. In general which includes Clearview and Crestwood Hills, and Spencer Hills. There is quite a population that uses one way in and out.

There is an existing upgrade to the Clearview sewer plant that provided the additional capacity for this development. And there are some sewer improvements planned that would also free up some capacity in the Clearview sewer plant by eliminating connections from Shalimar Gardens to the northeast.

The connection and the trouble that they have gone to to acquire the additional land so that they can make the connection to Clearview Drive is going to be a big help to the people that end up living down in this development, because of that situation on the hill.

Commissioner Caruthers made and Commissioner Green seconded motion to approve Spencer Hills, preliminary plat with staff recommendations. S24-T49N-R13W. R-M. N.B.C Inc., owner. J. Daniel Brush, surveyor..

Michael Caruthers Yes David Piest Yes

Jim Green Yes Keith Kirkpatrick Yes

Pat Smith Yes Mary Sloan Yes

Mike Morgan Yes

Motion to approve preliminary plat with staff recommendations carried. 7 Yes 0 No

* * * * * * *

  1. Waters Edge Plat 7. S3-T48N-R12W. R-S. Dan Hagan, owner. James W. Brush, surveyor.
  2. Thad Yonke gave the following staff report - This 2-lot minor plat is located on the west side of Lake of the Woods Road. The site is approximately 2100 feet north of the intersection of Lake of the Woods Road and St. Charles Road. The site is approximately 1/2 mile east of the municipal limits of the City of Columbia. The area being subdivided contains 1.10 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 the City of Columbia water service area. Sewage treatment will be from the BCRSD with ultimate treatment from the City of Columbia. 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 88 points on the point rating scale.

    Staff recommends approval along with granting the waiver request.

    Jim Brush represented the plat.

    Commissioner Smith made and Commissioner Green seconded motion to approve Waters Edge Plat 7, with waiver request. S3-T48N-R12W. R-S. Dan Hagan, owner. James W. Brush, surveyor.

    Pat Smith Yes Michael Caruthers Yes

    Jim Green Yes Mike Morgan Yes

    Keith Kirkpatrick Yes David Piest Yes

    Mary Sloan Yes

    Motion to approve plat with waiver request carried. 7 Yes 0 No

    * * * * * * *

  3. Country Day Subdivision. S6-T47N-R12W. A-2. Anthony and Barbara Davis, owners. James W. Brush, surveyor.

Bill Florea gave staff report that the property is located on the south side of Gans Road between Rock Quarry and Bearfield Roads. An existing building and a small lake occupy the property.

All lots within the subdivision are greater than 5 acres in size. Lots 1 and 2 will have frontage on and access to Gans Road. Lots 3 and 4 will be access to Gans Road by private easements. A strip of land sufficient to provide a 50’ wide half-width right of way is being dedicated by this plat. There is one exception to the right of way dedication. The applicant has received a variance from the Board of Adjustment to reduce the right of way width along a 200-foot strip adjacent to the dam. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

Water service will be provided by Consolidated Public Water District Number 1. There is a six-inch line crossing the property. Fire flow requirements do apply to this development; a hydrant will have to be installed prior to recording the plat.

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

The property scored 69 points on the rating system.

Staff recommends approval of the plat and waiver requests.

Jim Brush, 506 Nichols Street, Columbia was present and represented the plat.

David Piest spoke with staff regarding jogs in right of way. Apparently there was justification for this and support for Public Works staff approximately one year ago. Mr Piest stated that even though he the jog is a bad idea he has no choice but to support it. Part of the theory for getting dedication of right-of-way where platting is done is to conform to the master thoroughfare plan and that eventually all the land will be developed and all the road right-of-way will be dedicated when the time comes to actually reconstruction the road. This would present a problem at that time. Mr Piest would hate to see jogging around lakes, ponds or trees become a matter of practice.

Commissioner Sloan made and Commissioner Caruthers seconded motion to approve Country Day Subdivision, with waiver request. S6-T47N-R12W. A-2. Anthony and Barbara Davis, owners. James W. Brush, surveyor.

Mary Sloan Yes Pat Smith Yes

Michael Caruthers Yes Jim Green Yes

David Piest Yes Keith Kirkpatrick Yes

Mike Morgan Yes

Motion to approve plat with waiver request carried. 7 Yes 0 No

 

 

OLD BUSINESS

Jack & Julie Rader to rezone from R-S and R-M to REC

P&Z - denied; CC - no vote (looking at rezoning lesser acreage).

BC Investments of Columbia, LLC to rezone 117.02 acres m/l

P&Z – tabled (will be back on June 15th agenda)

Michael & Vickie Gilbane review plan

P&Z – approved; Commissioner - approved

NEW BUSINESS

None.

 

 

ADJOURN

Being no further business the meeting was adjourned at 8:05p.m.

Respectfully submitted,

 

 

__________________________

Mary Sloan, Secretary

Minutes approved on this 15th, day of June, 2000.