BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, June 21, 2001

Chairperson Smith called the meeting to order at 7:00 p.m., with a quorum present. Roll Call was taken by Commissioner Caruthers.

Present: Pat Smith, Chairperson Perche Township

Michael Caruthers, Vice-Chairman Centralia Township

Mike Morgan Bourbon Township

Carl Freiling Cedar Township

Keith Neese (arrived at 7:05 p.m.) Columbia Township

Kristen Heitkamp Missouri Township

David Mink, Director Public Works

Absent: Mary Sloan, Secretary Rocky Fork Township

Also present: Stan Shawver, Director Bill Florea, Staff

Thad Yonke, Staff Paula Evans, Staff

Commissioner Caruthers made and Commissioner Morgan seconded a motion to approve minutes of the May 17, 2001 meeting with no corrections.

Motion passed by acclamation.

Chairperson Smith read the procedural statement.

COMBINED REZONING REQUEST AND

CONDITIONAL USE PERMITS

  1. Request by Public Water Supply District 10 on behalf of Consolidated Energy LLC to rezone from A-1 (Agriculture) to M-G (General Industrial), located at 22545 March Rd., Centralia.

Planner, Thad Yonke gave staff report stating that this property is located ¾ mile west of Centralia on March Rd. The property is currently zoned A-1 (Agriculture). Property to the north and west is zoned A-1. Land to the east is zoned A-2. Land to the south is zoned A-1 and M-G. This request is to rezone the property to M-G (General Industrial) and obtain a conditional use permit for a propane storage facility. The site is within the Centralia School District. Water service is provided by Public Water District No. 10. Electric service is provided by Boone Electric Co-operative. There have been no previous requests submitted for this property, however the adjoining property was rezoned to M-G in 1996. The master plan designates this area as being suitable for agriculture and rural residential land uses. Staff notified 12 property owners about this request. The applicants have worked closely with the staff and nearby property owners.

Staff recommends approval of the rezoning request and the conditional use permit.

The following conditions should be attached to the conditional use permit:

 

Present: Wayne Winemann, Consolidated Energy, 1413 Rangeline, Columbia

Mark McGuire, 411 S. Collier, Centralia

Mr. Winemann stated that the use for the property is to build a retail propane bulk plant. It receives propane by transport and retail out with bulk trucks to residential and commercial customers throughout Boone, Randolph, and Audrain Counties. It also may be a loading point for some other plants located in Moberly, Paris, and Mexico, Missouri. They will start the day at their home plant, then re-fill their truck at the Centralia facility.

Chairperson Smith asked how many trucks the applicant anticipated would come in and out daily.

Mr. Winemann stated there would probably be two bobtail trucks daily. Then in the wintertime, there will possibly be one to two transports delivering to the plant a day. Summertime it would be more like one to two deliveries per week.

Chairperson Smith asked other than the big tank, what else is going to be on the property.

Mr. Winemann stated that later, they plan to build an office building on the property and the long-range plans are to make that the corporate office for Consolidated Energy. Now the office is housed in the same building as Boone Electric and they work out of their office now using their facilities. As Consolidated Energy gets going, they plan to build their own office and move to Centralia. Centralia tends to be the center of their service area.

Commissioner Caruthers asked what type of fire protection would be used at the site.

Mr. Winemann stated they would provide what ever is required. Applicants are still working with Public Water Supply District # 10 (PWSD 10), and the Boone County Fire District. The Water District is proposing to put in a water tower on an adjacent lot. Mr. Wineman’s understanding is that this would probably serve fire fighting needs. If that doesn’t happen, they will have to build their own water storage, or do whatever is required by the Boone County Fire District, to provide adequate fire protection.

Commissioner Freiling asked if Consolidated Energy had a lease agreement with the PWSD 10.

Mr. Winemann stated they were negotiating presently to purchase 4 acres from Water District 10.

Commissioner Caruthers asked if there were any detailed plans as of yet, or is this building to "set the stage".

Mr. Winemann stated he turned in a site plan with the Conditional Use Permit. As far as location, if the Commission was referring to engineering specs on the bulk plant facility, that has not been submitted, but he would be happy to answer any questions.

Commissioner Caruthers asked the proximity of the anhydrous ammonia to the plant.

Mr. Winemann asked if the Commission was inquiring about additional hazard.

Commissioner Caruthers stated yes.

Mr. Winemann stated there was no additional hazard that he was aware of. The plant will be located a considerable distance away from the anhydrous ammonia. Applicants already have approval from the State of Missouri LP gas inspection authority..

Open to public hearing.

No one spoke in favor of the request.

In opposition of the request

Present: Estil Meeks, Mexico, Missouri.

Mr. Meeks stated he owns 7-acres across the road from the proposed site and has a few questions. What is the Public Water #10 have to do with this proposal? They are the ones requesting the proposal. What do they have to do with the elevator? Mr. Meeks stated he doesn’t understand the proposed fire protection.

Mr. Meeks stated that another reason why he is interested is that the Assembly of God Church owns the other 7-acres across the road and are getting ready to build a new church. Mr. Meeks stated he is interested as to whether the Water District is meeting the requirements that are required of the Assembly of God Church.

In response, Mr. Mark McGuire explained that he represented the water district and they were selling the land to Consolidated Energy.

Mr. Winemann stated that there was a question as to what the grain elevator had to do with this request. The elevator has nothing to do with this request at all.

Chairperson Smith stated there was another question about the fire protection.

Mr. McGuire stated the water district board has already approved a to install a water tower, upon DNR approval. The tower will be next to the building on their land. They will install water lines when the agreement is reached between the Water District and Consolidated Energy. If Consolidated Energy wants fire protection from the Water District, they will run a water line around and serve them. The water tower will have adequate flow to meet their fire needs.

Chairperson Smith stated it would all have to comply with the requirements of the Boone County Fire District.

Mr. Winemann stated they could not do it if they don’t meet the requirements. Applicants have already spoken with Ken Hines as to what they would need to do to meet requirements.

Mr. Meeks stated that he was told that District 10 would not put in a fire hydrant for the church. In order to tap the water line it was going to cost $1100.00 just for them to tap the line plus $3.50 per foot to run the line up and then the Church would have to dig a lake for fire protection.

Chairperson Smith stated to Mr. Meeks stated this might give him reason to go back and talk to the Water District about the Church.

Mr. Meeks stated that is why he is interested because he was told there wasn’t going to be a fire hydrant at the facility.

Mr. McGuire stated the reason why there wouldn’t be a fire hydrant is because across the road, there is only a 4-inch main. There has to be at least an 8-inch main, directly from the water storage to give enough pressure and flow to accommodate any fire protection at all. That is why the district has no fire hydrants. They do serve the Sturgeon School, which is right next to the water tower. That is the only reason they can accommodate them is because the water tower is there. If an agreement were reached between Consolidated Energy and the Water District for fire protection, the water tower would have to be right there.

Mr. McGuire stated that if the Church wanted fire protection, a bigger line would have to be run from there directly across the highway and under the railroad tracks. Feasibly, it wouldn’t happen. Money-wise, with going under the railroad tracks and the highway, the Church would be better off building a storage pond.

Commissioner Morgan asked who was paying for the tower.

Mr. McGuire stated that the district would pay for it. Mr. McGuire stated that are planning an update for a couple of projects and it will be bonded out. The board already approved it at the last meeting.

Commissioner Morgan asked if the rates would increase because of this.

Mr. McGuire stated that he didn’t believe so, at this time they haven’t discussed raising the rates at all.

Closed to public hearing.

Commissioner Morgan made and Commissioner Mink seconded a motion to approve a request by Public Water Supply District 10 on behalf of Consolidated Energy LLC to rezone from A-1 to M-G, located at 22545 March Rd.

 

Pat Smith Y Mike Morgan Y Carl Freiling Y Mike Caruthers Y

David Mink Y Keith Neese Y

Kristen Heitkamp Y

 

Motion to approve request carries. 7 Yes 0 No

  1. Request by Public Water Supply District 10 on behalf of Consolidated Energy LLC for a bulk propane storage facility, located at 22545 March Rd., Centralia.
  2.  

    Commissioner Caruthers made and Commissioner Morgan seconded a motion to approve with staff conditions a request for a Conditional Use Permit by Public Water Supply District 10 on behalf of Consolidated Energy LLC for a bulk propane storage facility, located at 22545 March Rd., Centralia.

     

    Pat Smith Y Mike Morgan Y

    Carl Freiling Y Mike Caruthers Y

    David Mink Y Keith Neese Y

    Kristen Heitkamp Y

    Motion to approve request carries. 7 Yes 0 No

    * * * * * * * * * * * * * * * * * * * *

  3. Request by Daniel and Donna Wilkes to rezone from A-2 (Agriculture) to A-R (Agriculture Residential) of .5 acres, more or less, located at 10217 E Hwy OO, Hallsville.

Planner, Bill Florea gave staff report stating that this property is located 2 miles southeast of Hallsville on State Highway OO. The tract proposed for rezoning is part of a 15.6-acre parcel that was platted in 1975. The parent parcel and all of the surrounding land is zoned A-2 (Agriculture). This request is to rezone the tract to A-R (Agriculture Residential) and obtain a conditional use permit for a day care center. The center will be licensed by the state. The site is within the Hallsville School District. Water service is provided by Public Water District No. 4. Electric service is provided by Boone Electric Co-operative. There have been no previous requests submitted for this property. Staff notified 17 property owners about this request. The applicants met with the staff about a year ago and inquired about the requirements for a day care center. Current regulations require a day care center to have at least A-R zoning and a conditional use. Staff has proposed that the regulations should be changed so that day care centers only require a conditional use permit in the A-2 district. However, this change has not yet been adopted, thus necessitating the applicant’s present request. Staff recommends that the rezoning request be granted and that the conditional use permit be issued with the following conditions:

Present: Donna Wilkes, 10217 E. Highway OO, Hallsville.

Ms. Wilkes stated they recently built a new building. Ms. Wilkes has had a daycare for 6 years and keeps getting more calls to take more children so she needed to increase her capacity.

Commissioner Heitkamp asked how people were going to get in and out of the drive and asked if there was enough room in the driveway and parking so people would be able to get in and out.

Ms. Wilkes stated yes, there is room to pull all the way down to the pasture then they back up to the garage beside the daycare

Commissioner Heitkamp stated they would be pulling in to the driveway, turning around inside the property and leave facing traffic.

Commissioner Neese asked if there was a fire hydrant on the road.

Ms. Wilkes stated yes, there is one right on the property line.

Commissioner Neese stated applicant was about two-and-a-half miles from the nearest fire station.

Ms. Wilkes stated that was correct.

Open to public hearing.

No one spoke in favor of the request.

No one spoke in opposition of the request.

Closed to public hearing.

Commissioner Freiling made and Commissioner Morgan seconded a motion to approve a request by Daniel and Donna Wilkes to rezone from A-2 to A-R of .5 acres, more or less, located at 10217 E Hwy OO.

 

Pat Smith Y Mike Morgan Y Carl Freiling Y Mike Caruthers Y

David Mink Y Keith Neese Y

Kristen Heitkamp Y

Motion to approve request carries. 7 Yes 0 No

  1. Request by Daniel and Donna Wilkes for a family day care located at 10217 E Hwy OO, Hallsville.

Commissioner Mink made and Commissioner Heitkamp seconded a motion to approve with staff conditions, a request for a Conditional Use Permit by Daniel and Donna Wilkes for a family day care located at 10217 E Hwy OO, Hallsville.

 

Pat Smith Y Mike Morgan Y Carl Freiling Y Mike Caruthers Y

David Mink Y Keith Neese Y

Kristen Heitkamp Y

Motion to approve request carries. 7 Yes 0 No

 

PLAT REVIEWS

  1. Brookfield Estates, Plat 3. S24-T47N-R13W. A-2. Keith and Chastity Samuel, owners. J. Daniel Brush, surveyor.

Planner, Thad Yonke gave staff report stating that this property is located at the northeast corner of the intersection of State Route N and Bluebird lane. The site is approximately 3 ½ miles south of the Columbia Municipal limits. The subject tract is zoned A-2, as is all the surrounding property. These are all the original 1973 zonings. In November of 1989 and July 1990, requests were submitted to place a radio tower on this property. Both were denied. The property is currently vacant except for a single model home that is under construction. In August 2000 a rezoning request for A-R PRD. The review plan for an associated preliminary plat was denied by both the Planning and Zoning Commission and the County Commission. A preliminary plat for the current development was approved in October 2000. A final plat for Brookfield Estates plat 1 received approval in April 2001. A final plat for Brookfield Estates plat 2 received approval in May 2001. The current proposed phase, which is plat 3, contains five lots in total on 14.29-acre portion of the 94.04-acre parent parcel. This property is located within the Boone Electric service area, Columbia School District, Boone County Fire Protection District. Water service is provided by Consolidated number 1. The water district engineers have indicated that there is not sufficient water service for fire protection of this development at this time. Water line extensions and upgrades will be required to meet the required fire flow for the development. These will be at the developers cost. Water improvements and fire hydrants will need to be installed, approved and acceptable prior to the plat going to County Commission or recording.

Sewage treatment is proposed to be from a central collector wastewater system to be located on proposed lot 11 of plat 1. This facility will have to be permitted by the State Department of Natural Resources and given to the Boone County Regional Sewer District for operation and maintenance. It is Staff’s understanding that the sewage system will be a S.T.E.P. system with a sand filter-type treatment facility. As the sewer system is a part of plat 1, plat 1 will need to be completed prior or concurrently with this plat in order for this plat to be recorded. Roads within this development will be required to be constructed in compliance with County standards and will have to be hard surface. Curb & guttering and sidewalks are not required for this subdivision. The concern regarding the lake, dam, and storm water issues of the plats have been addressed by the developer’s submission of and approval of plans by the NRCS. A cost estimate was provided with the submittal and is under review, once the appropriate amounts are determined by the County, it may be possible for the developer to bond the sewer and road construction. The Master Plan designates this area as being suitable for agriculture and rural residential land uses. The neighbors and other interested citizens are expressing concerns and questions about the development of this property and staff continues to explain the process and address the questions to the extent available. One of the primary areas of question is with respect to the process after plat approval by the planning and zoning commission and when additional building permit can be obtained for the development. For the benefit of those unfamiliar with the standard process it is outlined as follows. No additional building permits may be issued until the plat is recorded. The plat can not be recorded until it has been taken to the County Commission. The plat can not be taken to the County Commission until all the required infrastructure, both on and off site, is installed, approved and acceptable, or the water infrastructure is completely installed, approved, and acceptable and the sewer and road infrastructure is fully bonded for the total cost of construction. Only after the plat is recorded are the lots created and therefore eligible for sale or construction. The proposal has 58 points on the point rating system.

Since the plat meets the requirements of the subdivision regulations provided the following conditions are complied with, Staff recommends approval.

  1. That it be recognized that the stormwater and erosion control plans and mechanisms agreed to by the NRCS are binding components of the approved plat and must be followed or run the risk of voiding the planning and zoning commission plat approval.
  2. That it be recognized that both the internal and off-site water infrastructure will have to be installed, approved and acceptable before the plat is either taken to County Commission or recorded.
  3. That it be recognized that no additional building permits may be issued for the property until the plat is recorded and the lots are actually created.
  4. If the sewer system is bonded to allow the plat to be recorded prior to the actually complete installation of the sewer system, that no occupancy of any sort will be allowed on any structures until the sewer system is installed, approved, and acceptable to the BCRDS and County.
  5. No bonding of the plat is possible until all the plans for the entire infrastructure are totally approved by the appropriate agency and the Planning Director.

Present: Daniel Brush, surveyor, 506 Nichols Street

Mr. Brush stated the staff report covered everything and would be happy to answer any questions from the Commission.

Commissioner Caruthers made and Commissioner Morgan seconded a motion to approve with conditions, Brookfield Estates, Plat 3 with staff conditions.

 

Pat Smith Y Mike Morgan Y Carl Freiling Y Mike Caruthers Y

David Mink Y Keith Neese Y

Kristen Heitkamp Y

Motion to approve plat carries. 7 Yes 0 No

* * * * * * * * * * * * * * * * * * * *

  1. Martin’s Acres. S6-T47N-R13W. A-2. Terry and Beth Martin, owners. J. Daniel Brush, surveyor.
  2. Planner, Bill Florea gave staff report stating that the property is located on the south side of Stedman Road, which runs west from Howard Orchard Road approximately 8/10 of a mile north of Route KK. The 15-acre tract is currently developed with a single-family residence and a lagoon. The lots resulting from the subdivision will be 7.5 acres in area.

    Proposed Lot 1 will have frontage on and access to Stedman road. Proposed Lot 2 will have frontage on and access to Stedman Road and Katelyn Court. Both roads have an existing 50’ right of way. Therefore, no additional right of way dedication will be required. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

    Consolidated Public Water District Number 1 provides water service to the property through an existing 6" water main.

    On-site systems will be used for wastewater disposal. A plan showing a suitable location for a lagoon on Lot 2 has been submitted. The applicant has submitted a request to waive the requirement to provide a wastewater cost analysis.

    The property scored 41 points on the rating system.

    Staff recommends approval of the plat and waiver requests.

    Present: Daniel Brush, 506 Nichols, Columbia

     

    Mr. Brush stated that the staff report covered everything and has nothing to add.

    Commissioner Neese asked applicant regarding lot 2, if there were a septic or lagoon in place yet.

    Mr. Brush stated he believed the owner was looking at putting in a lagoon but hasn’t had a soils report done yet. But since there is already an existing lagoon, Mr. Brush states he believes that they will use a lagoon.

    Commissioner Neese made and Commissioner Caruthers seconded a motion to approve with staff conditions and waiver request.

     

    Pat Smith Y Mike Morgan Y Carl Freiling Y Mike Caruthers Y

    David Mink Y Keith Neese Y

    Kristen Heitkamp Y

    Motion to approve plat carries. 7 Yes 0 No

    * * * * * * * * * * * * * * * * * * * *

  3. Crownview. S2-T50N-R12W. A-2. William and Nancy Bennett, owners. J. Daniel Brush, surveyor.

Planner, Thad Yonke gave staff report stating that this three lot minor plat is located on the northeast corner of Chaparral Drive and Crownview Drive. The site is approximately 1000 feet west of the intersection of Chaparral Drive and State Route U. The site is approximately 2 miles north of the Municipal Limits of the City of Hallsville. The zoning for the property is A-2 (agriculture) as is all the surrounding property. These are all the original 1973 zonings. The request encompasses 8.73 acres. An administrative survey has been submitted and is under review for the remainder of the property to the east, which is just less than 20 acres. The site is currently vacant. Public Works has notified our department of some question as to the ownership of a portion of the property and problems with some of the existing survey information in the area. This surveyor is working with County Public Works. This plat will create a small triangle of land between these plated lots and Crownview Drive. This triangle is not a separate lot and is going to be attached to an adjoining parcel. This triangle is not a developable area. A blank reference to the quit claim deed that will clarify ownership of this area is found on the plat. Proposed Lot 3 of the plat is a tier lot. Under the subdivision regulations Appendix B section 1.8.1 a subdivider may only propose the use of a tier lot when the following criteria are met: 1. Tier lot design is the most feasible means to access lots due to extreme topographic conditions; 2 The stem of a tier lot, that portion of the lot which connects it with required yard area and buildable area with its public road access, shall not be less than 20 feet nor more than 59 feet in width and not shorter than 25 feet nor longer than 250 feet in length, and may not be included within any required yard area or lot size under the regulations; and 3 The allowance of tier lots will not endanger the public health, safety, and general welfare. The dimensions of the proposed tier do comply with this provision. The question for the commission to determine is whether the design complies with criteria 1 & 3. The site is within the Hallsville School District. The site is in Public Water Service District #4 and there is a 2" waterline serving the property currently. Fire hydrants are not required at this time by this plat. The site is in the Boone County Fire Protection District. Sewage treatment is proposed to be from individual on-site systems. The County/City of Columbia Health Dept. will need to approve any sewage system. The developer has requested a waiver from the traffic analysis, and cost benefit analysis for on-site wastewater systems and staff concurs with this request. The proposal rates 30 points on the point rating scale.

Should the Commission feel that the plat meets the criteria for proposing tier lots.

Staff recommends approval of the plat and waiver request subject to the following 2 conditions:

  1. That the joint Boone County/City of Columbia Health Department approve any on-site wastewater systems and that the systems meet all county standards.
  2. The blanks on the plat for information be filled in with the appropriate information prior to the plat going to the County Commission.

Present: Daniel Brush, 506 Nichols Street, Columbia, MO.

Mr. Brush stated that as a surveyor in Boone County, you get to have some unique projects. This one has been the most unique he has run in to. Some of the survey work done back in the 1970’s created a situation where the actual deed line as it is described in the deed wasn’t thoroughly addressed in the subsequent work that was done. Brush and Associates has worked with County staff and talked with the owner and the owner’s legal council and have reached a decision. The decision is to define the deed line more thoroughly at this point in time and hence the quit claim deeds and the need to go ahead and get those transacted.

Mr. Brush stated that regarding the tier lot, basically the tier lot configuration is needed because the area to the north and west constitutes a dam and a drainage area behind the dam. The tier lot would provide a way for lot 3 to be accessed on over to Crownview. The reason why it was Crownview instead of Chaparral Drive was to see if we could combine both driveways for lot two and three in to one location.

Commissioner Morgan stated that on lot 3 there was a 50-foot building line and asked if the 50-foot building line extended on the south side to lot 2 also.

Mr. Brush stated that he wasn’t aware that one was needed there. Mr. Brush’s interpretation is that the 50-foot building line needed to be on the front of lot 3 and the front of lot 3 was that southern portion and would not constitute the 25-foot stem.

Commissioner Morgan stated that there was a building line on lot 1 and 3, was one not needed on lot 2.

Mr. Brush stated that lot 2’s building lot is over on the West Side.

Commissioner Morgan stated lot 1 had a building line on the west side and asked if that line extended on down also.

Mr. Brush stated yes, and he believes the building setback on lot 2 on the south side would be the side yard setback.

Commissioner Neese asked staff of the 15-foot side setback and asked if they could put the house 15-foot from the side.

Mr. Yonke stated that the 15-foot setback was 15-foot on one side and at least 25-foot on the opposite side for a total of 40-foot. Which means if the building were to cross all the way across the lot, you can be as close as 15-foot on one side but you have to have at least 25-foot on the other. Rather than saying 20-foot and 20-foot, it gives a little flexibility. Staff rarely sees buildings that large that they bridge a two-and-a-half acre lot, 15-foot is the practical side yard setback.

Commissioner Neese stated that on lot 1 they could go out and put a horse barn 15-foot from the neighboring property. People on the tier lot will have to drive right by that. Commissioner Neese stated that could be a problem if you lived on that tier lot.

Mr. Yonke stated that the main property setbacks that are in effect, which you can find anywhere in the County when you have a situation where you can build two-side property lines you could be close to each other. Typically you get driveways that are along those side property lines; you can find that same situation even where there is not a tier proposed. However, tier lots do cause a problem with the driveways, that is one of the reasons that in the regulations the Commission has to determine that this is suitable. The Commission has discretion on this plat as opposed to most.

Mr. Brush stated that Mr. Bennett intends at the time of sale to reserve an easement so there will be one common driveway in there. It would be about 50-foot total width as far as the easement area for the driveway goes.

Commissioner Morgan asked if all three lots would have the driveway on the 25-foot building line.

Mr. Brush stated he didn’t know about lot 1, but lot 2 and 3, the owner is talking about having one access point and share the drive.

Commissioner Caruthers asked why not re-orient both lots where they are facing east and west instead of north and south.

Mr. Brush stated he tried that configuration and couldn’t make the 3 to 1 ratio or get access on to the public road. The other point is the actual building site for lot 2 is located in the south central area. Right below lot 2, there is a wooded area that runs diagonally to the northwest. The building area for lot 2 is situated where lot 2 is labeled on the plat. Lot 3 has a building area situated more north where it says the book and page on the plat. This is the general reason for the configurations.

Commissioner Mink made and Commissioner Heitkamp seconded a motion to approve Crownview Subdivision with staff recommendations.

 

Pat Smith Y Mike Morgan Y Carl Freiling Y Mike Caruthers Y

David Mink Y Keith Neese Y

Kristen Heitkamp Y

Motion to approve plat carries. 7 Yes 0 No

* * * * * * * * * * * * * * * * * * * *

  1. Paradise Hills Plat 4. S33-T48N-R13W. John and Heidi Miles and Russell and Laura DeVenney, owners. Ronald G. Lueck, surveyor.

Planner, Thad Yonke gave staff report stating that this 2 lot final plat is located on the north side of Applewood Creek Road at the immediate northwest corner of the intersection of State Route KK and Applewood Creek Road. The site is generally south of the municipal limits of the City of Columbia within 1/2 mile of the nearest boundary. The area of the proposed subdivision contains 14.88 acres. The proposed plat is a replat of Lots 21 to 25 of Paradise Hills Estates Block 4, which was approved in November of 1996. A tentative approval for the vacation of these lots from the original plat was approved by the County Commission on March 28th 2000. This vacation does not go into affect until the suitable replat is approved and recorded. Other iterations of the replat have been submitted in the past but were either denied because they did not comply with County regulations or agreements on the property with the City of Columbia. The owners of this property also own the adjoining undeveloped lots to the west of this proposed plat. These additional lots are still part of the original plat and no vacation request has been made on their behalf. The property contained within the plat is zoned A-2, (Agriculture) as is property to the west and south. Property to the East across State Route KK and to the north across Mill Creek is zoned R-S (residential single family). These are all the original 1973 zonings. The site is in the Columbia School District and the Boone County Fire Protection District. The site is in Consolidated Public Water District #1. However, we have been informed by the water district and the city that the property is in an area that is to be served by the city. The city indicates that watermain extensions may be required by agreements with the City that are in effect for the property. There is currently a water district 8-inch water line along the south side of Applewood Creek Road. As a replat of a portion of a Major Plat fire hydrants are required for this plat. Sewage treatment is proposed to be from the City of Columbia. The applicant has requested a waiver for the traffic analysis. An earlier iteration of this plat contained a proposed public road. What was to have been a public road is now proposed as a driveway. The driveway was constructed without plans nor permit. The construction of this driveway and its connection to Applewood Creek Road has caused and continues to cause problems with and damage to Applewood Creek Road. Public Works has concerns about this situation. The construction that has caused the problem was undertaken as part of the process to replat this property and as such is a road impact related to the plat. Corrections to this situation acceptable to County Public Works must be made prior to the plat going to County Commission. There is a question of ownership of a small portion of proposed lot 21A. The surveyor has attempted to address this issue with a note on the plat. Since this issue has not been resolved prior to submittal for approval of this plat a note does seem to be a reasonable means of giving notice of the situation. This seems acceptable in this specific instance, as the area in question is not contained within any area being dedicated for easement or ROW. The master plan shows this area as being suitable for agricultural and rural residential development. The plat has 70 points on the point rating scale.

Staff recommends approval of the replat and waiver request with recognition of the following 3 conditions:

  1. That it be recognized that prior to the replat going to the County Commission and being recorded, verification from the City of Columbia that the development is in compliance with the agreement in effect must be provided.
  2. That proper fire protection and hydrants are in place and acceptable prior to the replat going to County Commission.
  3. That corrections to the damage and problems created by the driveway that has been constructed be corrected to the satisfaction of County Public Works and that documentation of such corrections and their acceptability be provided to County Planning prior to the replat going to County Commission.

No one present to represent the plat.

Commissioner Caruthers asked Commissioner Mink how the Public Works Department felt about this proposal.

Commissioner Mink stated that applicant has addressed the issue of the driveway. Water from the driveway that was built rushes out on to Applewood Creek Road, which is a gravel road. Basically it erodes a hole at the end of the driveway. Staff has recommended a condition be added that the issue be addressed to the satisfaction of the Public Works Department, Commissioner Mink stated he is happy with it.

Commissioner Mink asked what the City of Columbia’s involvement was with this proposal.

Mr. Yonke stated that this property is subject to a development agreement with the City. It was prior to the mandatory requirement by the City that if applicant wants sewer service, they will have to annex. Applicant did put in effect an agreement since the sewer service potential; there is a sewer line on the back of this property. In order to access that, they had to enter in to an agreement with the City. It has some provisions that all plats have to go through the City’s process as well. It is a little complicated on that aspect, the fact that there is no longer a public road, it makes it easier and it doesn’t have to go through those approvals, it is still subject to that. The last letter Staff received from the City was an objection to the last plat. Until something is reversed on that, this plat will sit in limbo as well.

Commissioner Sloan made and Vice-Chairman Caruthers seconded a motion to approve Paradise Hills Plat 4 with staff conditions.

 

Pat Smith Y Mike Morgan Y Carl Freiling Y Mike Caruthers Y

David Mink Y Keith Neese Y

Kristen Heitkamp Y

Motion to approve plat carries. 7 Yes 0 No

 

OLD BUSINESS

Director, Stan Shawver reported on activities from the month of May. The final development plan for the Kinkead-Kelly planned industrial development. The Planning and Zoning Commission recommended approval with conditions, and the County Commission upheld that recommendation.

 

NEW BUSINESS

Mr. Shawver reminded the Planning and Zoning Commissioners of a meeting with the County Commissioners at 5:30 p.m. on Tuesday, June 26, 2001 to be held in the Commission Chambers.

ADJOURN

Being no further business, the meeting was adjourned at 8:01 p.m.

Respectfully submitted,

 

 

Michael Caruthers

Acting-Secretary

Minutes approved on this ______th, day of July, 2001.