BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, October 18, 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

Mike Morgan Bourbon Township

Carl Freiling Cedar Township

Kristen Heitkamp Missouri Township

David Mink, Director Public Works

Absent: Keith Neese Columbia Township

Also present: Stan Shawver, Director Bill Florea, Staff

Thad Yonke, Staff Paula Evans, Staff

Chairperson Smith read the procedural statement. And stated all applicable items will go before the County Commission on October 30, 2001.

 

Commissioner Freiling made and Commissioner Caruthers seconded a motion to approve the minutes of the September 20, 2001 meeting with no corrections.

Motion passed by acclimation.

 

CONDITIONAL USE PERMITS

 

  1. Request by Loren Gene Nichols for a permit for a mechanical wastewater treatment plant located at 331 E Hinton Rd., Columbia.

Applicant withdrew application.

 

REZONING REQUESTS

 

  1. Request by Larry and Delores McCray to rezone from A-1 (Agriculture) to A-2 (Agriculture) of 38 acres, more or less, located at 11150 E Bozarth Ln., Columbia.

Planner, Bill Florea gave the staff report, stating that this property is located 5 miles east of Columbia and Ĺ mile south of Interstate 70 at the intersection of Purdy Lane and Bozarth Lane. The property is zoned A-1 (Agriculture). Property to the north is zoned A-2. To the east, south and west, the land is zoned A-1. There is a house, a modular home and two singlewide mobile homes on this property. If this request is approved, the applicant would create a family transfer tract in order to deed 2 Ĺ acres to his son and daughter-in-law. This property lies within the Columbia School District. Public Water District 9 provides water service to the area. Electric service is provided by Boone Electric Cooperative. The original zoning for this tract is A-1. In 1984, the applicant received a conditional use permit that allowed a mobile home to be placed on the property as a fourth dwelling for a family member. At that time, zoning regulations allowed tracts larger than 10 acres to have up to 3 dwellings "by right"; a fourth dwelling could be added through the conditional use permit process. The master plan designates this area as suitable for agriculture and rural residential land uses. Staff notified 20 property owners about this request. In forming a recommendation for this request, staff notes that the land north of Bozarth Lane is zoned A-2. The requested zoning is consistent with the master plan. Staff recommends approval of this request.

Present: Larry McCray, 303 S. Purdy Lane, Columbia

Mr. McCray stated that his son and daughter-in-law live on the land now. There are two mobile homes there that were placed in late 1970ís and the second was placed in approximately 1985. All of those were used primarily by family members. Since then, Mr. McCray states his family no longer lives in the two mobile homes. Mr. McCray stated that his plan now is when his grandson moves out of the one mobile home, it will be removed and Mr. McCray has no intention of replacing it.

Mr. McCray stated he has no intention of changing anything with the land, it is grassland and woods, the land that the homes are on are in the woods.

Commissioner Smith asked why applicant was asking for this request.

Mr. McCray stated in order to give his family members the land that the mobile homes now sit on, it would need to be ten acres. Mr. McCray stated he is requesting the rezoning in order to give the family members 2.5 acres. Mr. McCray stated he has no intention of selling any more.

Commissioner Sloan asked applicant if he currently lived on the property.

Mr. McCray stated yes.

Commissioner Sloan asked if applicant lived in the house.

Mr. McCray stated yes.

Commissioner Sloan asked if there was also a modular home on the property.

Mr. McCray stated that the mobile home in front is where Mr. McCrayís grandson lives and is the one that will be moved. Mr. McCray stated the second mobile home has been sold and the space is being rented for it. The third spot is where Mr. McCrayís son now lives.

Mr. McCray stated he sold off two acres to his other son. A home has been built on it.

Commissioner Sloan asked if the one being rented will continue to be rented.

Mr. McCray stated is being rented now, but occupants are looking for a home.

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 Caruthers made and Commissioner Morgan seconded a motion to approve request by Larry and Delores McCray to rezone from A-1 (Agriculture) to A-2 (Agriculture) of 38 acres, more or less, located at 11150 E Bozarth Ln., Columbia.

Pat Smith Y Mike Morgan Y

Mike Caruthers Y Carl Freiling Y Mary Sloan Y Kristen Heitkamp Y

David Mink Y

Motion to approve request carries. 7 Yes 0 No

 

 

 

PLANNED DEVELOPMENTS

None.

 

 

PLAT REVIEWS

 

 

  1. Pounds Place. S11-T49N-R13W. R-S. James and Martina Pounds, owners. Nathanael E. Kohl, surveyor.

Planner, Thad Yonke gave the staff report stating that this 5 lot minor plat is located at the immediate northwest corner of the intersection of Wade School Road and Colchester Road. The site is accessed from both Wade School Road and Colchester Road. The site is approximately 3&1/2 miles north of the municipal limits of the City of Columbia. The area being subdivided contains 9.25-acres. The property is zoned R-S (residential-single family). All the surrounding property is zoned R-S these are all original 1973 zonings. The property is currently vacant except for a few sheds. The site is in Consolidated Water District #1; waterline upgrades may be required. Fire hydrants are required for minor plats containing 4 or more lots, as is the case here. The site is in the Columbia School District. Sewage treatment is proposed to be from an extension of the central sewage system in the area operated by the BCRSD. The sewage system will have to be installed to Sewer District specifications. A traffic analysis waiver has been requested. Staff concurs with the granting of this waiver. The applicants have requested a BOA variance to allow the platting of this subdivision. The BOA hearing is scheduled for October 25th 2001. As a 9.25-acre parent parcel the entire existing tract must be platted into lots. Appendix B, 1.8.2 requires that the lot depth shall comply with Table A. Table A indicates that the maximum lot depth be no greater than 3 times the width of the lot. Lot 5 of the proposed plat does not meet this provision of the subdivision regulations. The requested variance is from the 3 to 1 ratio rule established in Appendix B, 1.8.2 of the Subdivision Regulations, to allow the platting of lot 5 with the inclusion of the approximately 100í by 2000í "stem" portion of the parent parcel as part of lot 5. As an attempt to mitigate the impact of the variance on the regulations the proposed plat has indicated the "stem" portion of proposed lot 5 as a not for development unless re-platted area. This will mean that if the variance is granted and the property platted, no structures will be allowed to be placed in this portion of the lot as long as it remains part of lot 5. In this specific instance the irregular shape of the parent tract is a result of the platting of County Downs Subdivision Block 1 in 1978. The area has services to support the higher level of development of the proposed subdivision. The proposed subdivision will be served by a central sewage system, and in fact the "stem" area of lot 5 contains a proposed utility easement that will make provision of central sewer service to the adjoining properties along Colchester Road easier. The existing lots on Colchester Road have on-site wastewater systems. The variance is related to the shape of the property. Staff is in support of the variance. This plat has 64 points on the point rating scale.

Staff recommends approval along with the granting of the waiver for traffic analysis subject to the following 4 conditions.

  1. That the plat be approved subject to obtaining a variance from the BOA for the 3 to 1 ratio on lot 5, if the variance is not approved the plat is not approved.
  2. That the acreage of lot 5 be put on the graphic as required by the subdivision regulations.
  3. That any easements required by the sewer district be added to the plat.
  4. That note 5 be reworded to "It is the intent of the owners to allow re-platting of this subdivision, or portions of this subdivision, by submitting a new final plat without a vacation hearing as provided by the Boone County Subdivision Regulations."

Present: Nathanael Kohl, 1080 State Route Y, Harrisburg.

Mr. Kohl stated he had no problem with the conditions.

Commissioner Mink stated that on lot 2, the plat shows an electrical transformer and asked if the transformer was on an easement.

Mr. Kohl stated there was a note that addresses that. Mr. Kohl stated that to his knowledge there is no easement that covers that. It is outside the easement, it is a long way outside of any easement. This land has never been platted so there is not any easements on it along the roadway. Apparently that transformer was installed just in sync with the other lot lines that were along Colchester Road. If they have an easement, they havenít offered it to applicant. It didnít come up in the title search. It would be the intention because of the location of that transformer to have it relocated so it would seem appropriate.

Commissioner Caruthers asked if the transformer was going to be relocated.

Mr. Kohl stated it is right in the middle of lot 2, so it is not conducive to that location for building on lot 2.

Commissioner Caruthers asked if there was a hydrant system currently in the area.

Mr. Kohl stated yes, the water district has a 6-inch line along Wade School Road. Right at the southwest corner at the intersection of Colchester and Wade School, there is a fire hydrant that is within 500-feet of everything on the plat.

Commissioner Morgan asked applicant if they were going to be moving the buildings off lot number 5.

Mr. Kohl stated the buildings were not placed there by the owner of the property. When the Pounds acquired the property, the buildings were already in place. They are all encroachments; it is a matter of working that out sensitively with the neighbors, as far as where and how they can get them moved off. The lots on Chalet, the subdivision to the north, are pretty small lots, those neighbors didnít hardly have room to put a shed in their backyard, there was some undeveloped ground next to them and they made use of it. The owner is trying to be very diplomatic and get that worked out in time. Obviously there is the intention to build a house on lot 5 and those sheds are in the way of that. It is the intention to relocate those sheds.

Commissioner Caruthers asked if in the title search; thereís been no application for simple title on this.

Mr. Kohl stated that the title policy excludes everything. There is a rather unusual easement that the wording shows up above the number five on the plat. Part of the dog pens that are on lot 5 are within the easement. The shed is not. Mr. Kohl stated he canít explain the easement, he just put it down the way it existed in the record.

Commissioner Heitkamp asked what the owners plan to do with the stem portion of lot 5.

Mr. Kohl stated it is really of no value to the owners to have that. It also is being encroached on by nearly every property owner in County Downs along Colchester on the north side. People just conveniently use it to place and store materials because it is like part of their backyard. It would make sense that if people are using that property would own it. Unfortunately, it is a pretty complicated process to simply give it to them or to transfer it for some amount of money because Planning and Zoning requires that each of those lots would have to be replatted. There would be some question as to how that would be done, you have to vacate County Downs lots 1 and 2 or a portion thereof at least and replat to include these. It is a pretty drawn out and complicated procedure. It has been discussed of transferring it to the property owners to the north because there is just two of them instead of eight or ten. All of those solutions maybe pursued to one degree or another. Mr. Kohl stated he canít answer as to what the owners are going to do exactly. At this point in time, it probably will continue the way it has existed for the last 20 years since that strip was created until such time there is enough interest by the owners on one side or the other to acquire that land.

 

Commissioner Caruthers made and Commissioner Mink seconded a motion to approve with staff recommendations, Pounds Place. S11-T49N-R13W. R-S. James and Martina Pounds, owners. Nathanael E. Kohl, surveyor.

Pat Smith Y Mike Morgan Y

Mike Caruthers Y Carl Freiling Y Mary Sloan Y Kristen Heitkamp Y

David Mink Y

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

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  1. Lampe Plat 2. S5-TT48-R14W. A-2. James C. Lampe, owner. James V. Patchett, surveyor.
  2. Planner, Bill Florea gave the staff report stating that the 42-acre parent tract is located on Shady Hill Lane, which extends to the south off of US Route 40. There is an existing house and lagoon on the property. The lot will have frontage on and direct access to Shady Hill Lane. Right of way sufficient to provide a 33-feet half width right of way as being dedicated by this plat. The applicant has submitted a request to waive the requirement to provide a traffic analysis. Consolidated Public Water District # 1 provides water service to the property. The existing lagoon will be used for sewage disposal. The property scored 38 points on the point rating system. Staff recommends approval of the plat and waiver request.

    Present: Jim Patchett, 1206 A. Business Loop 70 W, Columbia

    Mr. Patchett stated that the staff covered the purpose of the plat, it is straightforward. Owners want to take 2.5 acres with the house off a 42-acre tract.

    Commissioner Caruthers asked if there was any particular reason for the unusual shape of the tract.

    Mr. Patchett stated there is a fence line to the west of the house, the owner wanted to maintain. To the south a water line was installed and didnít want to encroach on the water line that goes to the back of the property. The north line had to be as such to clear the lagoon.

     

     

     

    Commissioner Sloan made and Commissioner Heitkamp seconded a motion to approve with waiver request, Lampe Plat 2. S5-TT48-R14W. A-2. James C. Lampe, owner. James V. Patchett, surveyor.

    Pat Smith Y Mike Morgan Y

    Mike Caruthers Y Carl Freiling Y Mary Sloan Y Kristen Heitkamp Y

    David Mink Y

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

     

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  3. Fisherís Field. S3-T50N-R12W. A-2. Ronald & Betty Fisher, owners. Mathew P. Thomas, surveyor.

Planner, Thad Yonke gave the staff report stating that this 2 lot minor plat is located at the immediate southwest corner of the intersection of Crownview Drive and Edgeview Road. The site is accessed from both Crownview Drive and Edgeview Road. The site is approximately 1&1/2 miles north of the municipal limits of the City of Hallsville. The area being subdivided contains 14.97-acres. The property is zoned A-2 (agriculture). All the surrounding property is zoned A-2 these are all original 1973 zonings. There is currently a doublewide, 2 sheds and an existing wastewater lagoon on the property, which are all contained on proposed lot 1. The site is in Consolidated Water District #4. The site is served by a 2" waterline. Fire hydrants are not required for minor plats containing less than 4 lots, as is the case here. The site is in the Hallsville School District. Sewage treatment is to be from on-site lagoons that will have to meet Health department regulations. A waiver for cost benefit analysis for on-site vs central wastewater systems has been requested. A traffic analysis waiver has also been requested. Staff concurs with the granting of these waivers. This plat has 24 points on the point rating scale.

Staff recommends approval along with the granting of the waivers for traffic analysis and cost benefit analysis for central sewer.

Present: Matthew Thomas, 261 N. Broadview Ct. Columbia.

Commissioner Mink asked staff regarding a note from staff that the right of way that is dedicated as 60-feet, which is 6-feet short of the normally requested right of way. The note adds that even though the roads in the Heights Chaparral are 60-feet, we should have a variance, Commissioner Mink assumes staff means a variance from road and bridge.

Mr. Yonke stated that the general regulations state that any road that is not classified otherwise would be considered a collector, which would require a 66-feet right of way corridor. However, it does also say that roads that are created by subdivision are local roads. These roads were actually created by the Hights Chaparral subdivision plat, meaning that they would fall under our regulations as classified as local roads which only would require a 50-foot right of way. Having a 60-feet right of way dedicated on the original plat is actually 10-feet in excess of what the regulations would be requiring from local roads. Since they were actually dedicated as part of the plat of those Hights Chaparral, staff has to look at them as local.

 

Commissioner Freiling made and Commissioner Caruthers seconded a motion to approve with staff recommendations Fisherís Field. S3-T50N-R12W. A-2. Ronald & Betty Fisher, owners. Mathew P. Thomas, surveyor.

Pat Smith Y Mike Morgan Y

Mike Caruthers Y Carl Freiling Y Mary Sloan Y Kristen Heitkamp Y

David Mink Y

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

 

 

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OLD BUSINESS

Director, Stan Shawver stated that the request for the horse stable which the Planning and Zoning Commission recommended approval, the County Commission upheld that recommendation.

The cellular tower by Rock Bridge State Park, which the Planning and Zoning Commission recommended denial, the applicants did not appeal that decision.

The water tower for Public Water District # 10 in which the Planning and Zoning Commission recommended approval, the County Commission upheld that recommendation.

The Tincher rezoning requests by Highway 22 and Highway 63 which the Planning and Zoning Commission recommended denial. Applicants did file an appeal to the County Commission, but applicants realized that they needed much more information in order to proceed. They appealed to the County Commission and asked that it be remanded it back to the Planning and Zoning Commission once they get additional information. This is something that has not happened before and is something everyone is working towards finding a way so the County Commission does not spend a lot of their valuable time on some of these requests that donít have enough information to get a positive recommendation from the Planning and Zoning Commission. It is better that the requests get sent back to the Planning and Zoning Commission for consideration if they are going to change their application.

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Approve revision to by-laws.

Mr. Shawver stated that revisions to the by-laws were sent to all the Commissioners, which include the points that were talked about last month.

Commissioner Smith stated the revised bylaws stated that the Chairperson is referred to as "he" and asked that be corrected.

Commissioner Smith made and Commissioner Caruthers seconded a motion to adopt the modification to the bylaws with the additional modification to correct "he" to "he or she".

Motion passes by acclimation.

NEW BUSINESS

None.

 

ADJOURN

Being no further business, the meeting was adjourned at 7:36 p.m.

Minutes approved on this 15th, day of November, 2001.

Respectfully submitted,

 

 

Mary Sloan

Secretary