BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, September 21, 2000

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

Present: Darin Fugit, Vice-Chairperson Columbia Township

Mary Sloan, Secretary Rocky Fork Township

James Green Cedar Township

Michael Caruthers Centralia Township

Mike Morgan Bourbon Township

David Piest Public Works

Pat Smith Perche Township

Absent: Keith Kirkpatrick, Chairperson Missouri Township

Also present: Stan Shawver, Director Thad Yonke, Staff

Bill Florea, Staff Ora Ramsey, Staff

Commissioner Green made and Commissioner Sloan seconded a motion to approve the minutes of August 17, 2000 meeting with no corrections.

Motion passed by acclamation.

Vice-Chairman Fugit read the procedural statement.

 

 

REZONING REQUESTS

1. Request by Di Dan Properties, LLC to rezone from A-1 (Agriculture)

to A-2 (Agriculture) of 7.8 acres, more or less, located at 3000 Woodie Proctor

Rd, Columbia.

Applicant requested a continuance on their request.

Vice-Chairperson Fugit granted the continuance.

* * * * *

    1. Request by Robert L. Kinkead on behalf of Rex L. Kelly to rezone 22.38 acres, more or less, from A-2 (Agriculture) to M-LP (Planned Industrial), located at 7841 E ABC Ln., Columbia.

Thad Yonke gave the staff report that this property is located approximately 2 miles east of the Columbia municipal limits on ABC Lane. The subject tract is zoned A-2 (Agriculture). Land to the north of the site is zoned A-2. To the east, north, and, west of the subject tract the zoning is also A-2. These are all original 1973 zonings. Property to the south across I-70 is zoned R-S (residential single-family) with a small pocket of C-G (general commercial) zoning. The R-S is an original 1973 zoning with the small C-G property having been rezoned form the original R-S zoning in 1987. The current use of the property is for a veterinary facility that primarily handles large animals such as cattle. This use was certified by a variance from the Boone County Board of Adjustment in 1986 with the stipulation that no part of the property south of the southerly wall of the veterinary facility building be used for the veterinary use. In July 2000 a request was made to rezone 4.89 acres to C-GP and 17.49 acres to M-LP. That request was denied. The applicant has requested that the property be rezoned to M-LP. The total property encompasses 22.38 acres. The applicant has submitted a review plan and your packet included a description of the proposed uses. This property is located within the Boone Electric service area, the Columbia School District, and the Boone County Fire Protection District. Water service is provided by Public Water District No.9. The Master Plan designates this area as being suitable for residential land uses. The proposed use is not consistent with the plan; any industrial uses have the potential for generating significant traffic levels, which could negatively, impact what is essentially a dead end road. 47 property owners were notified of this request. Staff recommends that the request be denied due to the residential character of the majority of this area and the impact on the road.

Rex Kelly, 219 KK Hwy, Smithville, MO 64089. Mr Kelly is aware that the amount of traffic generated by the auction will be a concern. He stated in the review plan that the traffic will be increased on one day for a short period of time and then it will drop down to its normal use. He stated that when Mr Kinkead offered to sell the property to him, he saw this property as an ideal location for what he wanted to do with the existing building, the amount of property and it’s potential. It all seems ideal. He would like to see it rezoned.

Robert L Kinkead,1745 N Chapman Lane, Columbia, MO 65202. Regarding the traffic, Mr Kinkead stated up until 1 to 1-1/2 years ago he operated as a veterinary clinic, large animal facility on this property. One of the things he specialized in doing was bringing lots of cattle together from auctions and processing there and sorting them. From there the cattle went on to the feed yards, wheat pastures, etc in the west. Large cattle trucks were in and out mostly at night, but anytime, 24 hours – 7 days a week. At times they probably did interrupt with traffic.

He does not see Mr Kelly’s proposal as causing as much traffic problems as before when it was used as the clinic. The draught from last summer slowed the business down. His health went down somewhat. He stated he was trying to sell the business before because of health reasons and would really like to sell it now. Over the years he has seen continual changes in the uses of the property in the area. The homes along the access roads on both side of the road are now businesses.

He foresees the area from ABC Lab to the Rte Z junction becoming business of some sort. As far as any other development other than agriculture or what Mr Kelly is requesting, at the moment, the sewer is not there. He has had estimates of approximately $70,000.00 to hook onto the existing that is coming to ABC Lab. In time that may go on to the north and would be closer to where it could possibly be hooked onto and could service residential development. Long term use he does not see residences staying there.

Mr Kinkead said they are facing an interface between the City and the County. As the City grows that interface keeps going further and further. About two years he was approached by business to put a large swine breeding station there. It would have been a good site for the business because it was centrally located in Missouri and in the United States and very accessible. It would have been a lot of advertising for them. Mr Kinkead stated he did not give it any consideration. It did fit under the agricultural zoning that is there, but considering the closeness to the subdivision and whatever – it just was not a good interface with the County and the City. This currently proposed business would interrupt less than what the veterinary clinic interrupted.

Vice-Chairman Fugit asked what the intentions were regarding the sewer. The applicant stated that, at this time, to do what Mr Kelly is proposing to do, the business could still operate on one of the two lagoons still on the property. However, if he were to try and develop it for residential the regulations that he has looked into it would be a huge treatment facility which he could not financially afford. There is a line in the process of coming to ABC Lab. It is essentially coming up a creek that could be connected to on the back. Just for the trunk line it would be $70,000.00.

Vice-Chairman Fugit asked Staff if the large commercial swine operation was an allowable use. Stan Shawer stated that the real question come down to the number of animals in confinement regulated by the Department of Natural Resources as far as the wastewater is concern. Commissioner Green also commented that a lot of additional acreage would be needed to get rid of the waste.

Mr Kinkead stated it was a mute point and that he didn’t make business deal with the swine company, but wanted to get the point across that there are a lot of things under agricultural zoning that would be much less desirable than what Mr Kelly wants to do.

Vice-Chairman Fugit said the Commission likes to see planned industrial and planned commercial when rezoning requests are submitted. It looks like there is straight M-L that has been near the site for years. There is some C-G as well, but not a lot of industrial development in the area. It is a ways from the original commercial zoning at the Rte Z exit. If the request is granted what would happen if Mr Kelly decided to sell the property or put something else on the site sometime in the future? It would still have to come through with a plan, but it is even more difficult once the zoning has been granted. If someone else would come in and want the same zoning all the way down the road. Problems are created when creating a corridor on that fairly narrow outer road.

Commissioner Smith asked about the amount of traffic flow for this type of business. Mr Kelly responded that the traffic flow would be loaded 50-100 cars once a week. Specialty sells would periodically make it twice a week. That traffic flow is regulated by the time the auction is started. People normally show up one hour ahead of time to look through the merchandise. The people bringing the merchandise in throughout the week would be 150 maximum throughout the week. Some however, show up the day of the sale. Mr Kelly stated he did not plan to have any animal auctions.

The access road was Old 40 Hwy before the interstate was built. Going the other direction is Loveall’s Recreational Sales and Wilson’s Trailer Sales, with grain trailers and big stock trailers and there are one or two more mobile home sales businesses in that area. Mr Kinkead said that if you look at the businesses along the Interstate going either way in about any city, the high visibility to the people passing by turns into business. In parts of Kansas City nice subdivisions were built along the interstate. Then 3-4 years later those nice houses were torn down and replaced with businesses. They started at the intersections and worked both ways back. Mr Kinkead thinks it would be in the best interest of the County to address the possibility before hand. He heard talk of taking some road from near ABC Lab and going through to near Lake of the Woods. There may be an old right of through there where there used to be an old road there years ago. If that were true it would make it nicer for the folks at ABC Labs.

Staff responded to Commission questions as to the zoning of Loveall’s RV Sales and ABC Lab. It was stated that both businesses are zoned General Commercial.

Open to public hearing.

Those in favor of the request.

Karen McBride, 13931 N Rte J, Harrisburg, MO 65256. Mrs McBride spoke in favor of the rezoning. She lives in the northern part of Boone County in Harrisburg area. She has several acres which is agriculture. She does not believe that 22 acres should still be considered agriculture. It has been pointed out several times that nothing can be done agriculturally on 22 acres. Ms McBride is also on the Boone Electric Board of Directors. The Board is usually looking to bring industry into the County not keep it out. With ABC Lab and the other businesses in the area, it would seem that this one is being singled out and not considering the other businesses and types of zoning along the entire Interstate. Staff has looked at what it has been zoned at, but has not looked at the picture of what it should be. She asked the Commissioners if they had visited the proposed site. They responded positively. She supports the belief of Mr Kinkead, that the site is not conducive for residential because of the location, partly, because of ABC Lab and the other businesses that are up and down the Interstate. She thinks the Commission should consider rezoning the property.

Those in opposition of the request.

Closed to public hearing.

Commissioner Smith if the letter from the applicant was binding that stated…"the following would not be considered as possible uses, but the following would be considered in terms of Lot 2". Staff said the applicant submitted the letter as part of the plan. Commissioner Smith ask if at some time in the future Mr Kelly could return to the Commission with a plan that shows these kinds of uses. Staff responded that if the uses proposed that is prohibited on the uses that were listed in the application that would not be allowed. Staff also stated that the applicant could submit a request to revise the plan, but that it would have to be reviewed by the Commission.

Commissioner Sloan asked if the property was sold if there was anything binding in what the applicant has submitted. Staff stated that the plan is binding without coming back to the Commission for an amendment on it. A new owner could come back and ask for an amendment to the plan, either changing the uses, changing the building, etc., or otherwise Boone County would not issue a permit for a use that is not allowed under the current plan without it coming back. Anything that is stipulated now would be binding on anyone who would buy the property in the future.

There are some variables that are open, but the owner will have to come through the Commission and show what changes they plan to make before it can be approved, no matter who owns it.

Mr Kelly explained to Commissioner Caruthers that a distribution center would be a business where somebody a lot of inventory and need some shipped to Jefferson City, Moberly or Kirksville. It would be more like a central holding point – similar to Mr Kinkead holding cattle – but it would be a different type of merchandise. If the rezoning is approved, Mr Kelly plans to find someone who will be interested in the property. Then he plans to build a building according to their needs or he may build a shell of a building and let the interested person(s) finish it according to their use. One of the reasons he put the list in the plans is to assure the Commission that he is going to try and work with the surrounding community and not be disrespectful to their needs and concerns. His main concern is the auction. Anything other than that would be to help support the purchase of the land. Saturday afternoon is the preferred day to hold the auctions.

Commissioner Green stated that one of the big problems in Boone County is always traffic. A business that would have its heaviest use probably on the week-end, when there is only a token crew at nearby ABC Laboratories, might be an advantage as far as traffic is concerned.

Commissioner Fugit stated that unless the day and hours were limited the applicant or a different owner could run an auction everyday. It is also uncertainty as to what might develop on the other 10 acres in the future. There is a possibility of a large amount of traffic there in the future. There is some M-L zoning on the other side of the Interstate.

Commissioner Piest asked, if when the plans are approved or plats are submitted, if Public Works or Road and Bridge would have opportunity to review for potential off-site improvements to the roads ways? Staff responded that the proposal is to divide the property into two 10-acre pieces, which would be done by administrative survey, which is less clear as to whether or not off-site improvements can be tied to an administrative survey as opposed to a plat. If an off-site improvement needs to be tied to the development it would really need to be tied to the review plan as opposed to an administrative survey. Staff doesn’t believe there is any way to tie off-site improvements to an administrative survey.

Commissioner Piest explained the off-site improvement requirement to the applicant and Mr Kinkead. Boone County Public Works has began requiring off-site improvements to roadways affected by developments that are adjacent to or in the immediate vicinity of the development. Developments such as large-scale subdivisions or anything that may have a tremendous impact on county roads (i.e. overloading, causing undo wear). The roads may need to be widened. Shoulder sizes may need to be increased. There are all kinds of possibilities. He stated that normally in a plan there is a plat submitted for processing of the off-site improvements. In this case, an administrative survey, which is like a substitute for small plats, would be the process that can be gone through to implement this. This apparently is the only opportunity Public Works has to make this requirement and they have not looked at or suggested the possibility of looking at this plan in the way of necessity of off-site improvements.

Mr Kinkead commented that the big trucks that were in and out of the site where within a few inches of maximum length allowable on the road. They are heavy trucks and weight 80,000 pounds when they are loaded. He stated that he can not see anything that Mr Kelly would hurt the road as much as what the cattle trucks may have done. It will take less money maintaining the road for auction sales as opposed to veterinary operation with cattle hauling, etc.

Commissioner Sloan made and Commissioner Smith seconded motion to approve request by Robert L. Kinkead on behalf of Rex L. Kelly to rezone 22.38 acres, more or less, from A-2 (Agriculture) to M-LP (Planned Industrial), located at 7841 E ABC Ln., Columbia.

Mary Sloan Yes Mike Morgan Yes

Pat Smith Yes David Piest Yes

Michael Caruthers No Darin Fugit No

Jim Green Yes

Motion to approve request carried. 5 Yes 2 No

 

 

PLAT REVIEWS

    1. L.M.C. Estates. S12-T46N-R12W. A-2. Janie R. Barck, owner. C. Stephen Heying, surveyor.
    2. Bill Florea gave this staff report that the property is located at the northeast corner of the intersection of Robbie Forbis Road and State Route Y, approximately ¾ mile east of Ashland. A house and lagoon occupy the property.

      The lot will have frontage on Robbie Forbis Road and Route Y. Right of way sufficient to provide a 33-foot half-width for Robbie Forbis road is dedicated by this plat. The half right of way width for Route Y is 35’; therefore no additional right of way is required. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

      The property is in the service area of Consolidated Public Water District Number 1. There is a 4" waterline along Route Y.

      The existing lagoon will be used for sewage disposal.

      The recording of the plat will result in the west end of the house extending into the setback approximately 5 feet. This is due to the west lot line being shifted 23 feet east as a result of the right of way dedication. Any future additions or modifications to the footprint of the home will be required to comply with all setback requirements.

      The property scored 66 points on the rating system.

      Staff recommends approval of the plat and waiver request.

      Steve Heying, 1202 Madison, Columbia, MO. Mr Heying represented the plat.

      Commissioner Piest made and Commissioner Caruthers seconded motion to approve L.M.C. Estates with staff recommendations. S12-T46N-R12W. A-2. Janie R. Barck, owner. C. Stephen Heying, surveyor.

      David Piest Yes Jim Green Yes

      Michael Caruthers Yes Pat Smith Yes

      Darin Fugit Yes Mike Morgan Yes

      Mary Sloan Yes

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

      * * * * *

    3. Evergreen Ridge. S26-T50N-R13W. A-2. Robert Wymer and Cindy Spires, owners. C. Stephen Heying, surveyor.
    4. Bill gave staff report that this property is located on the east side of Old Number 7 Road, at the intersection with Dripping Springs Road. A singlewide mobile home and a lagoon currently occupy the tract. A permit has been issued to replace the singlewide with a doublewide home.

      The property has frontage on Old Number 7 and Dripping Springs Roads. Right of way sufficient to provide a 33’ half-width right of way for Old Number 7 is being dedicated by this plat. There is an existing 35’ half-width right of way for Dripping Springs Road; therefore no additional right of way will be required. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

      The property is within the service area of Consolidated Public Water District Number 1. Service to the property is available through an existing 4-inch watermain.

      There is an existing lagoon on proposed lot 2. On site wastewater systems will be used for sewage disposal on lots 2 and 3. A plan showing a suitable location for a lagoon on lots 2 and 3 has been submitted. The applicant has submitted a request to waive the requirement to provide a wastewater cost-benefit analysis.

      The property scored 35 points on the rating system.

      Staff recommends approval of the plat and waiver requests.

      Steve Heying, 1202 Madison, Columbia, MO. Mr Heying represented the plat. There is an existing mobile home. They have just gotten a permit to upgrade this to a double wide modular. It has not been at site. The applicants know where the new home will be placed and they will need to separate it from the rest of the property.

      Commissioner Smith made and Commissioner Green seconded motion to approve Evergreen Ridge with staff recommendations. S26-T50N-R13W. A-2. Robert Wymer and Cindy Spires, owners. C. Stephen Heying, surveyor.

      Pat Smith Yes Michael Caruthers Yes

      Jim Green Yes Mary Sloan Yes

      David Piest Yes Darin Fugit Yes

      Mike Morgan Yes

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

      * * * * *

    5. Tower Industrial Park Plat 2. S19-T49N-R12W. M-LP. Louie and Judith Yow, owners. James R. Jeffries, surveyor.

Thad Yonke gave staff report that this site is located north of the Columbia City Limits on the north side of Prathersville Road and approximately one quarter mile west of the Highway 63 North’s Prathersville interchange. The property is currently zoned R-M (Moderate Density Residential) which is the original 1973 zoning with a pending M-LP (planned light industrial) designation approved in March of 1999 that will not go into effect until a final plan is approved for the property contained within this proposal. Adjacent zoning to the south and west is R-M, which are original 1973 zonings. Zoning to the north is M-LP that was rezoned from its original zoning of R-M effective with the approval of the final development plan for Tower Industrial Park Lot 5 in July of 1999. Zoning to the east is C-N (neighborhood commercial) which was rezoned from the original R-M in 1998. The request encompasses 2.37 acres and shows a proposed split of the original lot 6 into two lots, lot 6A & 6B. A vacation of the original lot 6 has received tentative approval and will go into effect with the recording of this final plat. The final plan shows proposed future lot 6A as vacant, while proposed future lot 6B is shown as a parking, restroom, storage, and playground area that is intended to support the use of the adjoining mini-mart to the East. It should be recognized that an additional revised review plan for proposed future lot 6A will be required before any structures can be placed on the lot 6A. The site is within the Columbia School District. Water service is provided by the City of Columbia. Since sewer and water service will be from the City of Columbia there is a pre-annexation agreement requiring the meeting of all city standards and review in effect for this property. A landscaping plan, lighting plan, and erosion control plan are needed to comply with the original submitted review plan conditions; it is important to note that since a pre-annexation agreement is in effect, that the landscaping requirements will need to meet the city standards. No direct access to Prathersville Road should be allowed from proposed future lot 6A and the access to proposed future lot 6B should be limited to the single existing driveway shown. The proposal rates 71 points on the point rating scale. The final plat and plan comply with the approved amended review plan.

Staff recommends approval of the final plan and final plat subject to the following conditions:

  1. That an acceptable landscaping/erosion control plan be submitted and approved with recognition that it be allowed to be modified by the inclusion of a higher level of planting, screening and other features where necessary to meet the city standards.
  2. That the development obtains the proper approvals from the city as required by the pre-annexation agreement in effect for the property.
  3. That an acceptable lighting plan be submitted and that the lighting be directed inward to comply with the original condition placed on the original review plan for the development.

No one present to represent the plat.

Commissioner Sloan made and Commissioner Smith seconded motion to approve the final plan and final plat for Tower Industrial Park Plat 2 with staff recommendations. S19-T49N-R12W. M-LP. Louie and Judith Yow, owners. James R. Jeffries, surveyor.

Mary Sloan Yes Jim Green Yes

Pat Smith Yes Michael Caruthers Yes

Mike Morgan Yes Darin Fugit Yes

David Piest Yes

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

* * * * *

    1. Valley Springs. S18-T48N-R13W. A-2 Ira and Elinor Powell, owners. J. Daniel Brush, surveyor.

Bill Florea gave this staff report - The property is located on the east side of Route UU approximately one mile north of Gillespie Bridge Road. The property is undeveloped.

Access to Route UU will be provided by a private road easement. The text of the road easement has not been made available for review by Staff. The right of way for Route UU is 70 feet wide. No right of way dedication will be required for this plat. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

The property is within the service area of Consolidated Public Water District Number 1. In order to obtain service, a six-inch waterline will have to be installed by the developer or property owner. This involves construction of approximately 705’ of six-inch main.

An on-site wastewater system will be utilized for sewage disposal. A plan showing a suitable location for a lagoon has been submitted. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

The subdivision does contain a tier lot. Tier lots may be approved when it is demonstrated that such a design is the most feasible means to access a lot due to extreme topographic conditions, and the stem of the tier lot meets the specified dimensional requirements. The applicant has submitted a statement detailing the reasons for designing a tier lot.

The property scored 51 points on the rating system.

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

Dan Brush, 506 Nichols Street, Columbia, MO. Mr Brush was present and represented the plat.

Commissioner Green made and Commissioner Caruthers seconded motion to approve Valley Springs with staff recommendations. S18-T48N-R13W. A-2 Ira and Elinor Powell, owners. J. Daniel Brush, surveyor.

Jim Green Yes Pat Smith Yes

Michael Caruthers Yes Mike Morgan Yes

Mary Sloan Yes David Piest Yes

Darin Fugit Yes

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

 

 

OLD BUSINESS

Keith & Chastity Samuel Request, P&Z denied, Co Commission denied. The Samuels are in process of preparing a plat with the current A-2 zoning.

Windy Point hearing held on September 19, 2000 was continued.

NEW BUSINESS

 

 

ADJOURN

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

Respectfully submitted,

 

 

Mary Sloan

Secretary

Minutes approved on this 19th, day of October, 2000.