BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, July 19, 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

Mary Sloan, Secretary Rocky Fork Township

Carl Freiling Cedar Township

Keith Neese Columbia Township

Kristen Heitkamp Missouri Township

David Mink, Director Public Works

Absent: Mike Morgan Bourbon Township

Also present: Stan Shawver, Director Bill Florea, Staff

Thad Yonke, Staff Paula Evans, Staff

Approval of the June 19, 2001 minutes was waived and will be reviewed at the August 16, 2001 Planning and Zoning Commission Meeting.

Chairperson Smith read the procedural statement.

REZONING REQUESTS

None.

 

 

 

CONDITIONAL USE PERMITS

 

  1. Request by William S. Regan on behalf of Telecorp Realty LLC for a transmission facility, including a 190’ tower, located at 7466 Nursery Rd., Columbia.

Planner, Bill Florea, gave staff report stating that this property is located on Nursery Rd., approximately 1 mile south of Columbia. Nursery Rd intersects with State Highway K. The property is zoned A-2 (Agriculture), as is all of the property to the north, south and west. Property to the east is zoned R-S. The property owner operates a nursery and green house business from his property. This request is for a transmission facility, which will include a 190’ monopole tower. The tower will be unlighted. This site is served by Boone Electric Cooperative. The site is located within the service are for Consolidated Public Water District No.1, however, the proposed use will not require water service. The site is also within the Columbia Public School District. The master plan designates this area as being suitable for residential land uses. 57 property owners were notified of this request. The proposed use can be compatible with residential uses in the area, and will provide broader service area for communications devices. Staff recommends approval of this request with the following conditions:

Present: Stacy Mathis, Telecorp Realty LLC., 4401 Westown Parkway # 321, West Des Moines, IA.

Mr. Mathis stated he is with the company on behalf of Mr. Regan, whom is requesting the tower. It is 190-foot monopole and is located behind Mr. Regan’s nursery building on Nursery Road. Since Staff has given a complete report, Mr. Mathis stated he wouldn’t repeat.

Commissioner Freiling stated that he understood from the preliminary staff report that applicant has determined that there is no other available existing tower space that will meet applicants use.

Mr. Mathis stated that was correct. What applicants are doing in constructing this tower is to provide service to the south Columbia area, which is a little south of the existing U.S. Cellular tower. Applicants have a lease with U.S. Cellular and will probably be applying for a building permit this week or next in order to co-locate on to that tower. That will cover the immediate southern area of Columbia. However, applicants are looking to cover the growing residential area, which is also further south than that. Because of the rolling terrain, it is necessary to have one there also.

Chairperson Smith asked if there would be room on the new tower for other carriers.

Mr. Mathis stated yes, the tower is 190-foot monopole and is designed and engineered for four carriers. That would be applicant and three other carriers. There is a 100 x 100 space that Telecorp is leasing from Mr. Regan, which will provide for enough room for three other carriers to locate.

Open to public hearing.

No one spoke in favor of the request.

In opposition of the request:

Rose Bandy, 3610 W. Campus Dr, Columbia.

Ms. Bandy stated she is not specifically opposed to the tower, but would like more information stating exactly where on the nursery grounds the tower will be located. Quite a few people were notified which would tend to indicate that it is right at the edge of the subdivision. 190-feet is going to surpass the trees and would to like what it is going to look like, how close the tower will be to the subdivision.

Chairperson Smith asked staff how many people were notified of this request.

Planner, Bill Florea stated 57 people were notified.

Chairperson Smith asked how close those people were going to be located to the tower.

Mr. Florea stated neighbors have to be within 1000-feet of the property.

Chairperson Smith stated 57 people would be within 1000-feet of the property.

Ms. Bandy stated she assumed it was the whole subdivision. That would put the tower pretty close to her property.

Chairperson Smith stated that the applicant would come back up to address Ms. Bandy’s questions.

Ms. Bandy stated she would like to know a little more about what the tower looks like and if there are any similar towers for her to compare to.

Closed to public hearing.

Mr. Mathis stated he had drawings of the monopole and would show it to Ms. Bandy. Mr. Mathis asked staff, that when staff notifies property owners within 1000-feet, it is within 1000-feet of the property, correct?

Mr. Florea stated that was correct. Mr. Regan owns approximately 32-acres, staff notified property owners within 1000-feet radius of the 32-acres, that encompasses a very large area.

Mr. Mathis stated he wasn’t sure if he had the exact measurements from the subdivision in which Ms. Bandy is speaking of, but it is approximately 350-400-feet from that property.

Chairperson Smith asked Mr. Mathis to describe the tower to Ms. Bandy.

Mr. Mathis stated the monopole looks like a very tall light pole. It is 190-feet, at the top it will have a triangular platform in which the antennas are attached to. There are no lights, and it makes no noise.

Chairperson Smith stated that the monopole would generate no extra light and no additional noise.

Chairperson Smith asked Mr. Mathis how far the tower would be located from Nursery Road.

Mr. Mathis stated 505-feet from Nursery Road.

Commissioner Sloan went to the audience and showed Ms. Bandy pictures of the proposed tower and the location.

Chairperson Smith asked Ms. Bandy if her questions were answered.

Ms. Bandy stated her question was answered regarding what the tower looked like, but still would like a more precise location.

Chairperson Smith clarified with staff that since the tower was under 200-feet, there would be no lighting required. So it should not be disturbing.

Mr. Florea stated that was correct. The tower would either be painted silver or will have a galvanized finish.

Commissioner Heitkamp asked applicant how the site was determined. Is it in the middle of the 32-acres? It is close to the house, correct?

Mr. Florea stated it was fairly close to the center of the 32-acres. Exactly how applicants went about determining the exact site is unknown to him. There are some constraints on the site. There is a pipeline easement that applicants had to stay clear of. Mr. Mathis could address the details more clearly.

Mr. Mathis stated Mr. Florea is correct. The main thing is that there is a pipeline running diagonal along Mr. Regan’s property, if applicants went to the west of the pipeline easement at any location, it would be close to the property lines to meet the required setbacks. It is actually very close to the pipeline easement on the east side, just north of the existing nursery buildings; it is as far away from the east property line as possible, without encroaching on the pipeline easement.

Commissioner Sloan asked if staff satisfied, based on the information, that the site is necessary.

Mr. Florea stated based on the coverage maps that applicant’s provided; staff is convinced that this is a necessary site.

Commissioner Sloan stated that there is room for three more companies to co-locate and asked if any other companies required service in that area as well, or if other companies already have that area covered.

Mr. Florea stated he would guess that there is not good service in that area due to the lack of towers. There is some rolling topography and quite a bit of tree cover. This area would be a prime site and the tower would probably fill up quickly.

Mr. Mathis stated that Telecorp’s main goal in constructing new antennas is to look for co-locations, because it is quicker and easier to do. There is nothing out there. Telecorp is looking for another site on the southwest side and there is nothing there. Telecorp’s customers complain that there is no coverage in the Route K and KK area. When they are on the phone, their service drops off or they can’t place a call in that area.

 

Commissioner Caruthers made and Commissioner Mink seconded a motion to approve with staff conditions, a request by William S. Regan on behalf of Telecorp Realty LLC for a transmission facility, including a 190’ tower, located at 7466 Nursery Rd., Columbia.

 

Pat Smith Y Carl Freiling Y Mike Caruthers Y Keith Neese Y

David Mink Y Kristen Heitkamp Y

Mary Sloan Y

 

Motion to approve request with staff conditions carries. 7 Yes 0 No

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PLANNED DEVELOPMENTS

 

 

  1. Request by Godas Development, Inc. to approve a review plan for Lakeview Mall Phase II, located at the northwest corner of Clark Lane and Lakewood Drive.

Planner, Thad Yonke gave staff report stating that this property is located just east of the Columbia City Limits at the intersection of Clark Lane, St. Charles Rd and Lakewood Dr. The site is zoned R-M (moderate density residential) with a pending C-GP (planned commercial) designation and with a current review plan in effect for this portion of the property showing it as vacant. The C-GP designation will not go into effect until a Final Development Plan is approved for this portion of the property. Property to the immediate west is zoned C-GP. Property further to the west is zoned R-M as is property to the north. Property to the south is zoned C-G, (general commercial). Property to the east is zoned C-N, (neighborhood commercial). The site is currently vacant.

In 1973, this site was originally zoned C-N. In July 1974, a 0.152-acre parcel was rezoned to R-M. In December 1976 an additional 4.29-acre parcel was rezoned to R-M. Both requests indicated the zoning change was to utilize the land in conjunction with the developing Lakewood Estates Condominium Development. In April 1995, a rezoning request and Review Plan were submitted for a Planned Commercial Development. In approving the request, a number of development and use restrictions were placed on the review plan by the Planning and Zoning Commission and the County Commission. (See file for Certified Copy of Order).

The proposed Revised Review Plan shows a single 4000 square feet structure with an attached drive thru canopy. It should be noted at this time that the shown drive thru canopy can be proposed if the intended use is allowable under the use restriction in effect for the property, for example for a bank. It cannot be proposed as a canopy for gas pumps or as a drive thru for a restaurant, however, as these uses are prohibited. The plan indicates a single 30’ driveway connection to Lakewood Drive and a traffic connection into Lakeview Mall Phase 1. The plan shows 39 parking spaces that should be adequate; however, final parking requirements cannot be determined until a specific use is proposed. Sewer service will be from a connection into an existing BCRSD facility with ultimate treatment by the City of Columbia. Additional ROW to provide the required ROW widths will be dedicated by plat. Fire hydrants and commercial fire flows are required for this development. This development is in the Columbia School District and Boone Electric service areas. There have been erosion control and stormwater complaints and problems associated with this property and as such proper approvable erosion control and stormwater plans and mitigation practices will need to be submitted in conjunction with a Final Plan.

Since this development is proposed as a separate lot within the overall development and there is an inter-relatedness of the total development of the property, approval will need to be conditioned upon the recording of an appropriate plat or plats for the entire parent parcel. The master plan shows this area as being suitable for residential development but also indicates that where commercial development is proposed it should be of a planned nature. The plat has 88 points on the point rating scale. Staff notified 246 property owners were notified concerning this request.

Staff recommends approval of the revised review plan subject to the following 5 conditions, including 11sub-conditions:

  1. That the approval is contingent upon the recording of appropriate and acceptable plats for the entire property and that said plats for the entire property be fully ready for recording before any approval for this review plan goes into effect.
  2. That it be recognized that no building permits can be issued until an acceptable Final Development Plan and any plans required to be approved in conjunction with said Final Plan are approved.
  3. That it be recognized that the following 4 conditions of the Final Development Plan for Lakeview Mall Phase 1 are in effect for this Review Plan as requirements:

1. Dedication documents be acceptable to utilities and public works and be recorded prior

to the issuance of any building permits.

  1. 2. Fire hydrants be in place and operational prior to the issuance of building permits.

3. Improvements to Lakewood Drive be completed and approved for acceptance by the Public Works Department prior to occupancy of the building.

4. No temporary occupancy permits be issued for this structure, unless the above conditions have been met.

  1. That it be recognized that the following 7 conditions of the original approved Review Plan for Lakeview Mall Phase 1 are in effect for this Revised Review Plan as requirements:
    1. Uses on the site are limited to the permitted uses included in the neighborhood commercial (C-N) classification; excluding all conditional uses and the following permitted uses: veterinary offices, mortuaries, agricultural activities and private clubs.
    2. Applicant will submit an acceptable landscape plan showing exact location, species, caliber and size of all plant material with the Final Development Plan.
    3. Final Development Plan shall include an acceptable lighting plan showing type of fixture, location of fixture, direction of fixture; lighting shall be directed inward on the property.
    4. Final Development Plan shall show all signage, type and location.
    5. Final Development Plan shall include an acceptable erosion control plan.
    6. Godas Development, Inc. shall, along with Lakeview Villa Neighborhood Association and Lakewood Estates Neighborhood Association, agree on a solution for the existing road impacted by the Lakeview Mall development--bringing the road to County standards in order that it be accepted for public maintenance.
    7. Appropriate Elevation views of the building be submitted with the Final Development Plan, including exterior building materials.
  1. That an acceptable detailed layout plan of the area under the drive thru canopy be shown on the

Final Development Plan along with the traffic flow and proposed lanes.

Present: Dan Brush, 506 Nichols Street, Columbia

Rod Stevens, Attorney for Godas Development, 11 N. 7th Street, Columbia.

Mr. Stevens stated that the applicant wishes to discuss a number of the issues raised by the various conditions, because these issues are of a technical nature, Mr. Brush is more qualified to raise the questions.

Mr. Brush stated the only question he had on the conditions is related to the improvement to Lakewood Drive. It is his understanding that Mr. Godas has already improved Lakewood Drive as far as pavement and has had it approved by the County.

Planner, Thad Yonke stated that those are conditions that are already in effect on the property, so they are being carried forward. It is not saying that applicants have not met part of those conditions, but those conditions are still in effect for the property. There may be some dedication documents that are needed.

Mr. Brush stated that providing the dedication for the right-of-way, and so fourth, is in the platting process.

Commissioner Sloan asked staff on condition number 4, sub-section 6. Godas Development, Inc. shall, along with Lakeview Villa Neighborhood Association and Lakewood Estates Neighborhood Association, agree on a solution for the existing road impacted by the Lakeview Mall development--bringing the road to County standards in order that it be accepted for public maintenance. Commissioner Sloan asked staff if that was the solution that was referred to.

Mr. Yonke stated that at least one of the homeowners associations was actually involved in the platting process with the developer, which means that they are working on that. This is actually a condition that is already in effect on the property, so it is merely a re-iteration of a condition that is already there. The way it works is that Mr. Godas has paid to make improvements and has worked with Public Works on it. Mr. Yonke stated he would assume that physical improvements to that are probably finished, it is merely a matter of making sure there is the right dedications and quit claims deeds, making sure that no one still has an interest in that. If there is ownership interest that isn’t clear, the County can’t accept it. It is clearing up those kind of issues that is probably more important.

Commissioner Neese asked regarding the highway frontage on Clark Lane. It is a road that has no right-of-way, just a ditch on each side. Has applicant looked at the impact of the traffic on that road or checked to see if there were any improvements to be made to Clark Lane running west toward Route PP.

Mr. Brush asked Commissioner Neese if he were referring to the area that is off the section of the review plan, which is in the final plan that has already been approved.

Commissioner Neese stated yes.

Mr. Brush stated that was something that has already been approved back in 1996 and at that time there were no conditions placed on any additional improvements to be done. This review plan is located within the existing improvements that were already done. The road has been approved prior to this review plan with the final plan back in 1996 and had no requirements that Mr. Brush knows of.

Commissioner Neese stated it looks like there would need to be some kind of a street study. That seems to be a very dangerous road. Commissioner Neese stated he was just making an observation and didn’t know it had already been approved in 1996.

Commissioner Neese stated he feels that it is a problem for that area to be putting in this commercial development with the streets that are in place right now.

Open to public hearing.

In favor of the request:

Present: Glenna Kilfoil, Manager, Lakewood Estates Homes Association, 310 Tiger Lane # 4, Columbia.

Ms. Kilfoil stated the Homes Association have worked very closely with Mr. Godas on this and a lot of these restrictions that were put in place in 1996 were worked out at that time. The Homes Association feels that they’ve come to a reasonable agreement and that everything that they are putting forth here will work fine with the neighborhood. If it couldn’t be houses, then this is at least controllable and tolerable for the neighborhood.

Ms. Kilfoil stated that the Lakewood Board Members are present at the meeting. They are the directors of the association, who hired Ms. Kilfoil to represent them. There are also people from Lakewood Villas, whom she believes will speak in favor of the request as well. The Homes Association has worked with this and does approve it.

Present: Susan Clark, Manager, Lakewood Villas, P.O. Box 1695, Columbia.

Ms. Clark stated that Lakewood Villas is the smaller portion of the older property. Glenna and her group are in the forefront of this. Lakewood Villas are in communication with them and are supportive of this request also.

Present: Roger Martin, President, Lakewood Condo Association, 1708 Aspen Circle, Columbia.

Mr. Martin stated that the Lakewood Condo Association is in support of the plans that are now in place and believes that everything has been accomplished to make this possible for Mr. Godas to proceed with the plans that he has.

No one spoke in opposition of the request.

Closed to public hearing.

Commissioner Freiling complimented the applicant’s on working with the adjoining landowners prior to a public meeting.

Commissioner Freiling made and Commissioner Heitkamp seconded a motion to approve with 5 conditions and 11 sub-conditions recommended by staff, a request by Godas Development, Inc. to approve a review plan for Lakeview Mall Phase II, located at the northwest corner of Clark Lane and Lakewood Drive.

 

Pat Smith Y Carl Freiling Y Mike Caruthers Y Keith Neese Y

David Mink Y Kristen Heitkamp Y

Mary Sloan Y

Motion to approve request with staff recommendations carries. 7 Yes 0 No

 

PLAT REVIEWS

  1. Cook’s Estate. S12-T49N-R12W. A-2. Jerry and Bridget Cook, owners. J. Daniel Brush, surveyor.
  2. Planner, Bill Florea gave staff report stating that the property is located on the south side of Route HH approximately two and one-half miles east of Route B. There are currently two houses, two lagoons and several outbuildings on the property.

    All lots will have frontage on and access to Route HH. The right of way for Route HH is 70-feet wide at this location. Therefore, no additional right of way will be dedicated by this plat. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

    The property is in the service area of Water District Number 4.

    On-site wastewater systems will be used for sewage disposal. The lagoon serving the house on proposed Lot 2 is located on proposed Lot 1. That lagoon will be relocated prior to recording this plat. A Plan showing a suitable location for a lagoon on all lots is on file. The applicant has submitted a request to waive the requirement to provide a wastewater cost-benefit analysis.

    The property scored 33 points on the rating system.

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

    1. A new lagoon serving the home on proposed Lot 2 must be installed and approved by the Columbia-Boone County Health Department prior to recording the plat.

    Present: Dan Brush, 506 Nichols Street, Columbia.

    Mr. Brush stated that within the next week or so, Mr. Cook plans to relocate the lagoon and at the same time, build a lagoon for the structure for his daughter on lot 1. Both will be put in place at the same time.

    Commissioner Caruthers stated a structure was going to be built for Mr. Cook’s daughter on lot 1. Commissioner Caruthers asked if the house and both garages existing now on lot 2 and that is where they are going to put in a new lagoon.

    Mr. Brush stated yes.

    Commissioner Freiling made and Commissioner Caruthers seconded a motion to approve with staff recommendations Cook’s Estate, Jerry and Bridget Cook, owners. J. Daniel Brush, surveyor.

     

    Pat Smith Y Carl Freiling Y Mike Caruthers Y Keith Neese Y

    David Mink Y Kristen Heitkamp Y

    Mary Sloan Y

    Motion to approve request with staff recommendations carries. 7 Yes 0 No

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  3. Lakeview Commercial Subdivision. S3-T48N-R12W. C-GP. Godas Development, Inc., owner. J. Daniel Brush, surveyor.

Planner, Thad Yonke gave staff report stating that this 2-lot plat is located along the north side of Clark Lane as it intersects with St. Charles Road and Lakewood Drive. The site is approximately 800 feet east of the municipal limits of the City of Columbia. The area of the proposed subdivision contains 4.55 acres out of a 10.83-acre parent parcel. Proposed Lot 1 is the area that comprises Lakeview Mall Phase 1. Proposed Lot 2 comprises the area contained within proposed Lakeview Mall Phase 2 Revised Review Plan. The property contained within the plat is zoned R-M, (moderate density residential) with a pending C-GP (planned commercial) designation and with a current review plan in effect for this portion of the property showing it as vacant. The C-GP designation will not go into effect until a Final Development Plan is approved for this portion of the property. Property to the immediate west is zoned C-GP. Property further to the west is zoned R-M as is property to the north. Property to the south is zoned C-G, (general commercial). Property to the east is zoned C-N, (neighborhood commercial). The site is currently vacant. The site is in the Columbia School District, Boone Electric service area, and the Boone County Fire Protection District. Hydrants and commercial fire flows are required for this development. Water service is provided by the City of Columbia. The applicant has requested a waiver for the traffic analysis, and staff concurs with this request. Sewer is proposed to be from an existing BCRSD facility with ultimate treatment by the City of Columbia. The master plan shows this area as being suitable for residential development but also indicates that where commercial development is proposed it should be of a planned nature. The plat has 88 points on the point rating scale.

Staff recommends approval of the plat and waiver request subject to the following 4 conditions:

  1. Due to the interrelated nature of this plat and Lakewood Subdivision, both plats must be completely ready for acceptance and recording before either can be recorded.
  2. That it be recognized that there are water and fire hydrant infrastructure requirements that will have to be constructed and approved prior to the plat going to County Commission for acceptance.
  3. That it be recognized that there are sewer infrastructure requirements that will have to be constructed and approved prior to the plat going to County Commission for acceptance.
  4. That all the proper documents for the acceptance of the portion of Lakeview Drive adjoining the plat be prepared by the developer, submitted, approved, and acceptable to County Public Works and County Planning prior to the plat going to County Commission for acceptance.

Present: Dan Brush, 506 Nichols Street, Columbia.

Mr. Brush asked regarding condition 4 and that the proper documents that we are talking about have to do with right-of-way acquisition and probably needs a quit claim deed, as he understands.

Planner Thad Yonke stated condition 4 is what was emphasized earlier, since applicants have done road improvements and Public Works has inspected some of that, there are dedication issues, basically, staff would like to leave some leeway with the Public Works Department to work that out with the developer. Over time, there may be the need for a minor punch-list fix, but basically, staff wanted The Public Works Department to have the flexibility to get what it needs to be able to meet the conditions that are already on the property for the plans.

Mr. Brush stated it was his understanding that it had all been inspected and approved as far as the improvements go, and what he thought was just a quit claim deed that needed to be prepared.

Mr. Yonke stated that could be, it could be that simple.

Commissioner Caruthers made and Commissioner Neese seconded a motion to approve with staff conditions, Lakeview Commercial Subdivision, Godas Development, Inc., owner. J. Daniel Brush, surveyor.

Pat Smith Y Carl Freiling Y Mike Caruthers Y Keith Neese Y

David Mink Y Kristen Heitkamp Y

Mary Sloan Y

Motion to approve request with staff conditions carries. 7 Yes 0 No

 

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  1. Lakeview Subdivision. S3-T48N-R12W. R-M. Godas Development, Inc., and Lakewood Estates Homes Association, Inc. owners. J. Daniel Brush, surveyor.

Planner, Thad Yonke gave staff report stating that this 1-lot replat is located immediately north of proposed Lakeview Commercial Subdivision at Clark Lane as it intersects with St. Charles Road and Lakewood Drive. The site will access Lakewood Drive approximately 200 feet north of the intersection of Lakewood Drive and St. Charles Road. The site is just east of the municipal limits of the City of Columbia. The area of the proposed subdivision contains 7.25 acres in total, which is a combination of part of a 10.83-acre parent parcel and Tract 26 of Lakewood Estates. Tract 26 of Lakewood Estates has received tentative vacation approval that will not go into effect until the replat is recorded. Proposed Lot 1 is intended as common area for the neighborhood homeowners associations and is not for commercial nor residential development. The site is currently vacant except for a Lake and associated dam and tennis court area. The property contained within the plat is zoned R-M, (moderate density residential). Property to the west is zoned R-M as is property to the north. Property to the south is zoned C-GP (planned commercial) and R-M with a pending C-GP designation. Property to the east is zoned R-M. The site is in the Columbia School District, Boone Electric service area, and the Boone County Fire Protection District. Water service is provided by the City of Columbia. The applicant has requested a waiver for the traffic analysis, and staff concurs with this request. Sewer is proposed to be from an existing BCRSD facility with ultimate treatment by the City of Columbia. The sewer service for Proposed Lakeview Commercial Subdivision crosses this lot and, therefore, sewer is available to this lot despite the unlikely need for the service since the lot has very limited potential for structures to be built. The master plan shows this area as being suitable for residential development. The plat has 88 points on the point rating scale.

Staff recommends approval of the plat and waiver request subject to the following 4 conditions:

  1. Due to the interrelated nature of this plat and Lakewood Commercial Subdivision, both plats must be completely ready for acceptance and recording before either can be recorded.
  2. A copy of the agreement indicating how the property is to be maintained must be provided prior to the plat going to County Commission for acceptance.
  3. That it be recognized that there are sewer infrastructure requirements that will have to be constructed and approved prior to the plat going to County Commission for acceptance.
  4. That all the proper documents for the acceptance of the portion of Lakeview Drive adjoining the plat be prepared by the developer, submitted, approved, and acceptable to County Public Works and County Planning prior to the plat going to County Commission for acceptance.

Present: Dan Brush, 506 Nichols Street, Columbia.

Mr. Brush stated that condition number 4 of the conditions bothers him because the proper documents that staff mentioned would be dedication of right-of-ways, since there is no punch-list.

Mr. Yonke stated that the plat itself may suffice, Public Works needs to inform staff that it is okay.

Mr. Brush stated that he spoke with Public Works earlier and believes a quit claim deed was mentioned.

Mr. Yonke stated that may be all that is required.

Commissioner Caruthers stated that according to the drawings, it looks like the lake somewhat encroaches on some of the drainage and utility easements. Is that the case?

Mr. Brush stated it may have been up on a high water level at that time that Mr. Brush was out and located it, since then it has dropped down. The drainage and utility easements were put in there in case they were necessary in the future. Mr. Brush stated the sewer is planned to go on the south side and be out and away from the lake. The only other thing would be the storm water that would need to be piped through in the future. The easement was put in there as a blanket, just in case.

Commissioner Caruthers asked if the lake was just going to be a residential/recreational lake.

Mr. Brush stated it was his understanding it’s going to be for the homeowners in the area.

Commissioner Caruthers stated that having that easement there wouldn’t necessarily harm or impact the water quality.

Mr. Brush stated not that he was aware of.

Commissioner Mink asked who was responsible for the long-term maintenance of the lake.

Mr. Brush stated that was something that was being worked out with the Homeowners Association.

Ms. Kilfoil, Lakewood Estates, stated that an arrangement has been worked out with the Homeowners Association and Mr. Godas, for the homeowners to purchase the area and it will go under the covenants of the Lakewood Estates Home Association.

Commissioner Freiling asked if that would include a maintenance agreement among the association members.

Ms. Kilfoil stated yes, it would come with a maintenance agreement.

Commissioner Sloan made and Commissioner Freiling seconded a motion to approve with staff recommendations, Lakeview, Godas Development, Inc., and Lakewood Estates Homes Association, Inc. owners. J. Daniel Brush, surveyor.

 

Pat Smith Y Carl Freiling Y Mike Caruthers Y Keith Neese Y

David Mink Y Kristen Heitkamp Y

Mary Sloan Y

Motion to approve request with staff recommendations carries. 7 Yes 0 No

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  1. Frost Estates. S2-T49N-R13W. A-R. Troy and Jane Frost, owners. J. Daniel Brush, surveyor.
  2.  

    Planner, Bill Florea gave staff report stating that the property is located on Worstell Lane approximately one-half mile west of Route VV. There is one home, a detached garage and a lagoon on the property.

    Both lots will have frontage on and access to Worstell Lane. Right of way dedication is provided by this plat. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

    The property is in the service area of Consolidated Water District Number 1 and is served by an existing 1¼-inch waterline.

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

    Lot 2 is designed as a tier lot. The subdivision regulations allow the Commission to approve tier lots when the following criteria are met: a) tier lot design is the most feasible means to access lots due to extreme topographic conditions, b) the stem of a tier lot 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 c) the allowance of tier lots will not endanger the public health, safety and welfare.

    The applicant’s surveyor has indicated that the tier lot design is being used due to the presence of Slacks Branch and the associated 100-year flood plain. Staff concurs that the creek and floodplain constitute extreme topographic conditions. The stem meets the dimensional requirements of criteria "b". And, there is no indication that the allowance of a tier lot will endanger the public health, safety and welfare.

    The property scored 21 points on the rating system.

    Staff recommends approval of the plat and waiver requests.

    Present: Dan Brush, 506 Nichols Street, Columbia.

    Mr. Brush stated the staff report handles everything, one note is that Mr. Frost will be using, instead of a lagoon type wastewater system, a soil absorption system and has a soils report to that effect for lot 2.

    Commissioner Heitkamp made and Commissioner Sloan seconded a motion to approve with waiver request, Frost Estates Troy and Jane Frost, owners. J. Daniel Brush, surveyor.

    Pat Smith Y Carl Freiling Y Mike Caruthers Y Keith Neese Y

    David Mink Y Kristen Heitkamp Y

    Mary Sloan Y

    Motion to approve request with waiver request carries. 7 Yes 0 No

     

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  3. Windy Knob Estates Plat 1. S14-T45N-R12W. William and Joy Barton, owners. Curtis E. Basinger, surveyor.

Planner, Thad Yonke, gave staff report stating that this 1 lot plat is located on the north side of Westbrook Drive at the immediate northwest corner of the intersection of Champetra Drive and Westbrook Drive. The site is generally south of the municipal limits of the City of Ashland approximately 5&1/2 miles to the south. The area of the proposed subdivision contains 5.27 acres. The proposed plat is a replat of Lots 3 & 4 of Windy Knob Estates. The original plat was approved in May of 1987. A tentative approval for the vacation of these lots from the original plat was approved by the County Commission on July 3rd, 2001. This vacation does not go into affect until the suitable replat is approved and recorded. The property contained within the plat is zoned A-R, (Agriculture-Residential), as is property to the east, north, and immediate west. Property further to the west and south is zoned A-2 (agriculture). These are all the original 1973 zonings. There is a house and a garage under construction within the area being replated. The site is in the Southern Boone County School District and the Southern Boone County Fire Protection District. The site is in Consolidated Public Water District #1. The applicant has requested a waiver for the traffic analysis and cost benefit analysis for sewer, and staff concurs with this request. Sewer is proposed to be from an on-site wastewater system. The master plan shows this area as being suitable for agricultural and rural residential development. The plat has 33 points on the point rating scale.

Staff recommends approval of the replat and waiver requests.

Present: Gene Basinger, 300 St. James Street, Columbia.

Mr. Basinger stated he had no comments at this time.

Commissioner Neese made and Commissioner Caruthers seconded a motion to approve with waiver request, Windy Knob Estates Plat 1, William and Joy Barton, owners. Curtis E. Basinger, surveyor.

 

Pat Smith Y Mike Caruthers Y

Carl Freiling Y Keith Neese Y

David Mink Y Kristen Heitkamp Y

Mary Sloan Y

Motion to approve request with waiver request carries. 7 Yes 0 No

 

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OLD BUSINESS

Director, Stan Shawver, gave updates from the June 2001 meeting. The rezoning request for Water District number 10 on behalf of Consolidated Energy, LLC. The rezoning request and conditional use permit for the bulk propane storage facility on March Road. The Planning and Zoning Commission recommended approval of that application. The Boone County Commission upheld that recommendation. Evidently, negotiations have been broken off between the Public Water District and Consolidated Energy, so it doesn’t appear that Consolidated Energy will go there.

There was also a rezoning request and conditional use permit for Donna Wilkes on Highway OO, Hallsville for a daycare center. The Planning and Zoning Commission recommended approval of that request, The Boone County Commission upheld that recommendation.

 

 

NEW BUSINESS

1. Annual election of officers.

Director, Stan Shawver stated that the by-laws of the Boone County Planning and Zoning Commission call for an annual election of officers in July of each year. There are three officers for the Planning and Zoning Commission: Chairperson, Vice-Chairperson, and Secretary. By-laws state that the officers have to be citizen members, so Commissioner Mink would not be eligible to hold an office.

Chairperson Smith handed the proceedings over to Mr. Shawver in order to take nominations for the seat of Chairperson.

Mr. Shawver asked for nominations for the seat of Chairperson.

Commissioner Sloan nominated Commissioner Smith for the seat of Chairperson, Commissioner Heitkamp seconded nomination.

Commissioner Neese moved that the nomination be accepted by acclimation, Commissioner Heitkamp seconded motion.

Motion approved by acclimation.

The Chairperson for the Planning and Zoning Commission is Ms. Smith.

Mr. Shawver handed the proceedings back to Chairperson Smith.

Chairperson Smith asked for nominations for Vice-Chairperson.

Chairperson Smith nominated Commissioner Caruthers for the seat of Vice-Chairperson, Commissioner Freiling seconded nomination.

Commissioner Neese moved that the nomination be accepted by acclimation, Commissioner Heitkamp seconded motion.

Motion approved by acclimation.

The Vice-Chairperson for the Planning and Zoning Commission is Mr. Caruthers.

Chairperson Smith asked for nomination for Secretary.

Commissioner Neese nominated Commissioner Sloan for Secretary, Commissioner Heitkamp seconded nomination.

Chairperson Smith moved that the nomination be accepted by acclimation, Commissioner Neese seconded motion.

Motion approved by acclimation.

The Secretary for the Planning and Zoning Commission is Ms. Sloan.

ADJOURN

Being no further business, the meeting was adjourned at 8:04 p.m.

Respectfully submitted,

 

 

Mary Sloan

Secretary

Minutes approved on this 16th, day of August, 2001.