BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, June 20, 2002

 

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

 

Present:                  Pat Smith, Chairperson                          Perche Township

                              Michael Caruthers, Vice-Chairman         Centralia Township

                              Mary Sloan, Secretary                           Rocky Fork Township

                              Keith Neese                                          Columbia Township

                              Kristen Heitkamp                                  Missouri Township

                              David Mink, Director                             Public Works

 

Absent:                   Mike Morgan                                        Bourbon Township

                              Carl Freiling                                          Cedar Township

                             

                             

Also present:           Stan Shawver, Director                          Bill Florea, Staff

                              Thad Yonke, Staff                                 Paula Evans, Staff  

 

 

Commissioner Heitkamp made and Commissioner Caruthers seconded a motion to approve the minutes of the May 16, 2002 meeting with no corrections.

 

Motion passed by acclamation.                                            

 

Chairperson Smith explained that the Boone County Planning and Zoning Commission is an advisory commission to the County Commission.  The Commission is made up of individuals representing each township of the county and the county engineer.

 

The Planning and Zoning Commission makes recommendations to the County Commission on matters dealing with land use.  Tonight’s agenda includes four conditional use permits, four rezoning requests and twelve subdivision plats

 

The following procedure will be followed for the conditional use permits and the rezoning requests:

 

The agenda item will be announced, followed by a report from the Planning Department Staff.  At that time, the applicant or their representative may make a presentation to the commission.  The Commission may request additional information at that time, or later following the hearing.  After the applicant’s presentation, the floor will be opened for anyone wishing to speak in support of the request. We ask that any presentation made to the Commission be to the point.

 

Please give your name and mailing address when you address the commission.  We also request that you sign the sheet on the staff table after you testify.

 

Next, the floor will be given over to those who may be opposed to the request.  Direct all comments or questions to the Commission and please restrict your comments to the matter under discussion. Please be considerate of everyone here.  The agenda tonight is lengthy and while we wish to extend an opportunity to everyone that wishes to speak, we ask that you do not be repetitious in your remarks. 

 

After those opposed to the request have had an opportunity to speak, the applicant will have a chance to respond to the concerns of those opposed to the request.  Next the staff will be given an opportunity for any additional comments, as appropriate.  The public hearing will then be closed and no further comments will be permitted from the audience or the applicant unless requested by the Commission.  The Commission will then discuss the matter and may ask questions of anyone present during discussion.  Finally, a motion will be made to either recommend the approval or denial of the request to the County Commission.  Please note that the Boone County zoning regulations and subdivision regulations are considered to be a part of the record of these proceedings.

 

All recommendations for approval are forwarded to the County Commission.  They will conduct another public hearing on Tuesday, July 2, 2002.   Interested parties will again have the opportunity to comment on the requests at that time.  The County Commission generally follows the recommendations of the Planning and Zoning Commission. However, they are not obligated to uphold any recommendation. Requests that are denied will not proceed to the County Commission unless the applicant files an appeal form within 3 working days. The County Commission hearing scheduled for Tuesday, July 2, 2002 will begin at 7:00 p.m. and will convene in this same room.

 

 

CONDITIONAL USE PERMITS

 

 

1.       Request by Terri Wright for an Animal Training and Boarding Facility on 150 acres, located at 2801 S Olivet Rd., Columbia.

 

Planner, Bill Florea gave the staff report stating that this property is located two miles east of Columbia and ½ mile south of Highway WW on Olivet Road.  The property is zoned A-1 (Agriculture) as is all of the surrounding property.  The site is presently undeveloped and has been used for pasture.  The applicant would like to board and train horses on the property.  This tract is located in the Columbia Public School District.  Electric service is provided by Boone Electric Cooperative.  Water service is provided by Public Water District No. 9.  The original zoning for this tract is A-1.  The master plan designates this area as being suitable for agricultural and rural residential land uses.  Staff notified 24 property owners about this request. 

 

As a CUP the proposal must meet the following criteria from the zoning ordinance to be eligible for approval.

 

a. The establishment, maintenance or operation of a conditional use permit will not be detrimental to or endanger the public health, safety, comfort or general welfare.

 

b.  The conditional use permit will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted by these regulations.

 

c. The conditional use permit will not substantially diminish or impair property values of existing properties in the neighborhood.

 

d. All necessary facilities will be available, including, but not limited to, utilities, roads, road access and drainage.

 

e. The establishment of a conditional use permit will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.

 

f. The establishment of a conditional use permit will not hinder the flow of traffic or result in traffic congestion on the public streets.  This will include the provision of points of access to the subject property.

 

g. The conditional use permit shall in all other respects conform to the applicable regulations of the zoning district in which it is located.  The County Commission shall find that there is a public necessity for the conditional use permit.

 

Staff recommends approval of this request with the following conditions:

 

·         The driveway and required parking area be dust free with a minimum of a chip seal surface. The required parking area will be determined by the area of the stables. Dust free surface to be completed within six months of opening to the public.

·         Animal waste to be disposed of in an appropriate manner.

 

Present:  Terri Wright, 4017 Citation Drive.

Ms. Wright stated that she would like to build an 8-stall horse barn and maybe board out those 8-stalls and possibly have a couple of brood mares and have foals yearly. 

 

Chairperson Smith asked applicant if she was planning to have an indoor arena.

 

Ms. Wright stated possibly in the future. Right now it is just an 8-stall barn and an outdoor arena.

 

Chairperson Smith asked what the applicant’s time frame was.  Does applicant plan to move as quickly as she can.

 

Ms. Wright stated yes.

 

Open to public hearing.

 

Speaking in favor of the request:

 

Andrea Campbell, 6700 New Haven Road, Columbia.

Ms. Campbell stated that she is in favor of the use for the property and believes that it is an appropriate use. Ms. Campbell stated that she would like a stipulation on the lighting to require that the lighting goes inward. Lighting would be the only concern.

 

Ms. Campbell asked the applicant if the entrance was on New Haven Road.

 

Ms. Wright stated no, it was originally going to be but the entrance will now be off of Olivet Road.

 

No one spoke in opposition to the request.

 

Closed to public hearing.

 

Chairperson Smith asked the applicant what the lighting plans were and the hours of operation. Chairperson Smith asked if the boarding facility would be closed at a certain time or if people will have round the clock access to their animals.

 

Ms. Wright stated that people would not have round the clock access.  Applicant stated that she has not set a certain time but probably 9 or 10:00 p.m. will be when she closes the barn.

 

Chairperson Smith stated that she assumes the outdoor arena would be lighted.

 

Ms. Wright stated yes.

 

Chairperson Smith stated that the lights would be off by 9 or 10:00 p.m.; it would have the lighting of a normal farm.

 

Commissioner Caruthers asked staff if there was a regulation that states that boarding facilities such as these must be shut down by 10:00 p.m.

 

Mr. Florea stated no.

 

Commissioner Sloan stated that she believed that the Commission has required that in the past.

 

Commissioner Heitkamp stated that she believes that usually the Commission goes dawn to dusk. Commissioner Heitkamp asked the applicant if she was planning to have night shows.

 

Ms. Wright stated that often times, especially in the wintertime when it gets dark earlier, people get off work and have the opportunity to go out and ride. The outdoor rings will have jumps in it and needs to be lit for people to train their animals at that time.

 

Commissioner Heitkamp asked staff if the Commission could put an additional condition that the lighting be directed downward.

 

Ms. Wright stated that the lighting would just focus on the arena.  The only time it would be turned on is when someone was using the arena at night.

 

Commissioner Heitkamp asked staff if having lights 25-feet high or less is normal.

 

Mr. Florea stated that it is usually stated that any exterior lighting should be directed inward and downward.

 

Commissioner Heitkamp stated that should address any lighting concerns.

 

Commissioner Neese asked the applicant how she was going to dispose of manure, if it is going to be spread.

 

Ms. Wright stated it would be spread daily.

 

Commissioner Neese asked if it would be spread over the entire farm.

 

Ms. Wright stated yes, there would not be a pile.

 

Commissioner Heitkamp asked applicant if she understood that Gans Creek is protected by statute so that any animal waste must be monitored so it doesn’t go in to Gans Creek.

 

Ms. Wright stated yes.

 

Commissioner Heitkamp asked staff if the applicant needed to speak with DNR about that.

 

Mr. Florea stated he did not know whether any kind of DNR permit is required to spread manure in a pasture.

 

Ms. Wright stated that she didn’t know if there were even going to be any horses pastured back there.  The boarding barn is up front by Olivet Road.

 

Commissioner Sloan stated that the staff report stated the property is currently vacant. On the drawing, it shows a house.  Commissioner Sloan asked the applicant if she lived out there or if she is planning to live out there.

 

Ms. Wright stated that she is planning to but it is going to take a couple of years to build the house.

 

Commissioner Sloan stated that at this point there would be an arena and a barn and people will be coming and going.  What if applicant is not there?

 

Ms. Wright stated that the boarders are welcome out there.  Ms. Wright stated that she would be out there daily.  Ms. Wright stated that she also has a trainer who will have access to the barn who will come in and take over where Ms. Wright left off.

 

Commissioner Sloan stated that there would be people going in and out without any supervision.

 

Ms. Wright stated yes.

 

Commissioner Heitkamp asked if there was going to be a locked gate.

 

Ms. Wright stated that the tack room will be locked and after hours the barn will be locked down.

 

Commissioner Heitkamp asked if there was going to be a gate at the driveway.

 

Ms. Wright stated no.

 

 

Commissioner Heitkamp made and Commissioner Neese seconded a motion to approve the request by Terri Wright for an Animal Training and Boarding Facility on 150 acres, located at 2801 S Olivet Rd., Columbia, with the following conditions:

 

·         The driveway and required parking area be dust free with a minimum of a chip seal surface. The required parking area will be determined by the area of the stables. Dust free surface to be completed within six months of opening to the public.

·         Animal waste to be disposed of in an appropriate manner.

·         Any outdoor lighting is to be directed inward and downward.

 

 

                        Pat Smith – Yes                                    Keith Neese – Yes       

                        Mike Caruthers – Yes               David Mink – Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                       

Motion to approve request carries           6  Yes             

 

Chairperson Smith informed the applicants that this matter would go before the County Commission at 7:00 p.m., July 2, 2002.

 

 

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2.       Request by Kenneth and Kathryn Davis for an Agri-business on 17.33 acres located at 8641 St. Charles Rd., Columbia.

 

Planner, Bill Florea gave the staff report stating that this property is located at the intersection of St. Charles Rd. and Sate Highway Z approximately 2 ½ miles east of Columbia.  The property is zoned A-2 (Agriculture).  Property to the north is zoned A-1, to the east the land is zoned A-R, to the south the zoning is R-S and A-2 and to the west the land is zoned A-2.  There is a house and two barns on this property.  The applicants would like to open a farm market.  This tract is located in the Columbia Public School District.  Electric service is provided by Boone Electric Cooperative.  Water service is provided by Public Water District No. 9.  The original zoning for this tract is A-2.  The master plan designates this area as being suitable for agricultural and rural residential land uses.  Staff notified 43 property owners about this request. 

 

As a CUP the proposal must meet the following criteria from the zoning ordinance to be eligible for approval.

 

a. The establishment, maintenance or operation of a conditional use permit will not be detrimental to or endanger the public health, safety, comfort or general welfare.

 

b.  The conditional use permit will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted by these regulations.

 

c. The conditional use permit will not substantially diminish or impair property values of existing properties in the neighborhood.

 

d. All necessary facilities will be available, including, but not limited to, utilities, roads, road access and drainage.

 

e. The establishment of a conditional use permit will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.

 

f. The establishment of a conditional use permit will not hinder the flow of traffic or result in traffic congestion on the public streets.  This will include the provision of points of access to the subject property.

 

g. The conditional use permit shall in all other respects conform to the applicable regulations of the zoning district in which it is located.  The County Commission shall find that there is a public necessity for the conditional use permit.

 

Staff recommends approval of this request with the following conditions:

 

·         The driveway and required parking area be dust free with a minimum of a chip and seal surface.

·         Permit is restricted to the sale of agriculture and horticultural related items.

 

Present:  Ken Davis, 8641 E. St. Charles Rd. Columbia.

 

Mr. Davis stated that he planned to open a farm market in an existing building.

 

Chairperson Smith asked if it would be for the sale of produce.

 

Mr. Davis stated for produce, birdseed, birdhouses and feeders.

 

Commissioner Caruthers stated that this was listed as a livery and blacksmith shop.

 

Mr. Davis stated that is what it was originally built as 105 years ago so that is what the applicant’s named it.

 

Commissioner Sloan asked if this would be run during normal business hours.

 

Mr. Davis stated that he would probably 3-7:00 p.m. or 3:00 to dusk on weekends and go from there.

 

Open to public hearing.

 

No one spoke in favor of or in opposition to the request.

 

Closed to public hearing.

 

 

Commissioner Sloan made and Commissioner Mink seconded a motion to approve the request by Kenneth and Kathryn Davis for an Agri-business on 17.33 acres located at 8641 St. Charles Rd., Columbia, with the following conditions:

 

·         The driveway and required parking area be dust free with a minimum of a chip and seal surface.

·         Permit is restricted to the sale of agriculture and horticultural related items.

 

 

                        Pat Smith – Yes                                    Keith Neese – Yes       

                        Mike Caruthers – Yes               David Mink – Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                       

Motion to approve request carries                       6 Yes              

 

Chairperson Smith informed the applicant that this matter would go before the County Commission at 7:00 p.m., July 2, 2002.

 

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3.       Request by Patty Orschlen for a Bed and Breakfast on .26 acres located at 8809 Sarr St., Huntsdale. (Columbia).

 

Planner, Thad Yonke gave the staff report stating that this property is located in Huntsdale, approximately 5 miles southwest of Columbia and 7 miles by road from Interstate 70.  The property is zoned R-S (Residential Single Family) as is all of the adjoining property.  There is a 3-bedroom house on the property.  The applicant would like to convert the house into a “Bed and Breakfast” facility having two bedrooms. This tract is located in the Columbia Public School District.  Electric service is provided by Boone Electric Cooperative.  Water service is provided by Consolidated Public Water District No. 1.  The original zoning for this tract is R-S.  The master plan designates this area as being suitable for residential land uses.  Staff notified 26 property owners about this request. 

 

As a CUP the proposal must meet the following criteria from the zoning ordinance to be eligible for approval.

 

a. The establishment, maintenance or operation of a conditional use permit will not be detrimental to or endanger the public health, safety, comfort or general welfare.

 

b.  The conditional use permit will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted by these regulations.

 

c. The conditional use permit will not substantially diminish or impair property values of existing properties in the neighborhood.

 

d. All necessary facilities will be available, including, but not limited to, utilities, roads, road access and drainage.

 

e. The establishment of a conditional use permit will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.

 

f. The establishment of a conditional use permit will not hinder the flow of traffic or result in traffic congestion on the public streets.  This will include the provision of points of access to the subject property.

 

g. The conditional use permit shall in all other respects conform to the applicable regulations of the zoning district in which it is located.  The County Commission shall find that there is a public necessity for the conditional use permit.

 

Staff recommends approval of this request with the following conditions:

 

·         Structure complies with building code requirements.

·         Structure is approved for occupancy by the fire marshal.

·         Chip and seal the parking area and driveway.

·         A single on-premise sign no larger than 6 sq. ft.

 

Present:  Patty Orscheln, 8809 Sarr Street, Columbia.

Ms. Orscheln stated that she is here to request a conditional use permit for a bed and breakfast. The house is a three bedroom and two bath house located just a few hundred yards from the Katy Trail.  Ms. Orscheln stated that she had an architect lay out some plans.  Ms. Orscheln stated she put in the exit lights, the halogen lights and the hardwired fire alarms.

 

Ms. Orscheln stated she has redecorated and has also put in non-skid tile, which was recommended.  Most all of the interior has been painted.  A sprinkler system is still needed in the laundry area.  Applicant plans to do more painting and landscaping.  The whole thing itself is just a two-bedroom bed and breakfast.  Ms. Orscheln stated she plans to live in the third bedroom.

 

Commissioner Heitkamp asked what type of sewer system the applicant had.

 

Ms. Orscheln stated a septic tank.

 

Commissioner Heitkamp asked if the septic was adequate.

 

Ms. Orscheln stated yes.

 

Open to public hearing.

 

No one spoke in favor of or in opposition to the request.

 

Closed to public hearing.

 

Commissioner Mink asked the applicant what they had for parking.

 

Ms. Orscheln stated there would be two parking places.  That is one thing the applicants are getting ready to do.  Applicant will park in the back and the front is big enough for three cars.  Applicants are also putting in a new culvert.  The culvert that is currently there is smashed. The State has already been there to look at it.

 

Commissioner Neese asked staff if the parking area had to be dust free.

 

Mr. Yonke stated it had to be a minimum of chip and seal. That has been placed as a condition but it is actually a code stipulation, it can not be waived.

 

Commissioner Heitkamp made and Commissioner Caruthers seconded a motion to approve the request by Patty Orschlen for a Bed and Breakfast on .26 acres located at 8809 Sarr St., Huntsdale. (Columbia), with the following conditions:

 

·         Structure complies with building code requirements.

·         Structure is approved for occupancy by the fire marshal.

·         Chip and seal the parking area and driveway.

·         A single on-premise sign no larger than 6 sq. ft.

 

 

                        Pat Smith – Yes                                    Keith Neese – Yes       

                        Mike Caruthers – Yes               David Mink – Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                       

Motion to approve request carries                       6  Yes             

 

Chairperson Smith informed the applicants that this matter would go before the County Commission at 7:00 p.m., July 2, 2002.

 

 

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

 

4.       Request by Jerry and Angie Gerzen for an Animal Training and Boarding Facility on 39.17 acres, located at 5650 N Boothe Ln, Rocheport. (tabled 5/16/02)

 

Chairperson Smith stated that this request was tabled from last month, but before it was tabled there was a public hearing so there will not be a public hearing on this request tonight. It was tabled because the Commissioners wanted more information.  Chairperson Smith stated she was not here for the meeting in which this request was tabled and so she will abstain.

 

A member from the audience stated that he was out of town during the last meeting and did not get to attend, he stated that he sent a letter to the Commission and asked if that letter was received.

 

Chairperson Smith stated the letter was received.

 

Commissioner Heitkamp stated that she visited the property and it looked like whomever subdivided the original farm put the line right in the backyard in between two outbuildings.  Commissioner Heitkamp stated that when she saw the property there was a gravel area that was used as a parking lot, but no fence had been erected.  Commissioner Heitkamp stated that she feels it is extremely close to the Chenault’s home.  The driveway is gravel and it is right on the property line between the two homes.  When you go up to the Chenault’s, you are basically sitting in the middle of Mr. Gerzen’s horse boarding facility. This property is a residential use and wouldn’t consider that it is a commercial use.

 

Commissioner Caruthers stated that he also visited the property last week and at that time, Mr. Gerzen had erected some fence pretty much all the way around the property.  Commissioner Caruthers stated that he feels that a privacy fence would also be appropriate, especially along where the property sits.

 

Commissioner Heitkamp stated that she feels that approving this would negatively effect the property value of the Chenault’s.

 

Commissioner Heitkamp made and Commissioner Neese seconded a motion to deny the request by Jerry and Angie Gerzen for an Animal Training and Boarding Facility on 39.17 acres, located at 5650 N Boothe Ln, Rocheport.

 

                        Pat Smith – Abstain                   Keith Neese – Yes       

                        Mike Caruthers – No                 David Mink – Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                       

Motion to deny request carries               4  Yes         1  No         1  Abstain

 

Chairperson Smith informed the applicants that if they wished to appeal this decision to the County Commission an appeal form would need to be filed within three working days.

 

 

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REZONING REQUESTS

 

 

1.       Request by Father Eugene Robl K.C. Club, Inc. to rezone from A-2 (Agriculture) to REC (Recreation) of 36.59 acres, more or less, located at 20750 N Hwy 124, Centralia.

 

Planner, Bill Florea gave the staff report stating that this property is located just south of Centralia on State Highway 124.  The property is zoned A-2 (Agriculture), as is all of the surrounding property.  There is an open-air shelter on the property.  The applicants have requested that the property be rezoned to REC (Recreation).  It is their intent to build a 6000 sq. ft. multi-purpose building.   This tract is located in the Centralia R-6 Public School District.  Electric service is provided by Boone Electric Cooperative.  Water service is provided by Public Water District No. 10.  The original zoning for this tract is A-2.  A conditional use permit was issued in 1992 for an Outdoor Recreational Facility.  The master plan designates this area as being suitable for residential land uses.  Staff notified 6 property owners about this request.  The applicant should be aware that the Boone County Fire Protection District will probably require the installation of a fire hydrant prior to the construction of a 6,000-sq. ft. building.  This may be problematic as Public Water District 10 does not allow the installation of fire hydrants on their water lines.  Early contact with the Fire District is recommended by the staff.    The Master Plan calls for the use of a “Sufficiency of Resources Test” when considering the rezoning of land.  The purpose of the test is to determine whether there are sufficient resources available to support the proposed zoning, or whether services could be made available in an efficient manner.  The resources necessary to serve the proposed development can be broken down into 3 general categories, utilities, transportation and public safety services. 

 

Utilities:  Public Water District No. 10 will provide water service.  There should be sufficient water available for domestic type use.  As noted above, the water district does not allow fire hydrants to be installed on their lines.  Any required fire flow will have to be provided through other means, perhaps by way of installation of a dry hydrant.

 

The closest central wastewater system is located within the City of Centralia.  It is more than likely that wastewater service will be provided on-site.

 

Boone Electric will provide electricity. 

 

There is good road access to the site.  Access can be provided from both a state highway and from a public road district road.

 

The property is in the Boone County Fire Protection District.  A district fire station is located within 1½ miles of this site.

 

Staff recommends approval of this request.

 

Present:  Pat Reichert, 17800 N. Jay Jay, Centralia.

Mr. Reichert stated that he represents the Knights of Columbus of Centralia.  Mr. Reichert stated that the Knights of Columbus are a fraternal organization and have about 50 members.  All of the money goes to charity.  The Knights of Columbus do high school scholarships, sponsor youth flag football, free throw competition for the kids, help fund the Ronald McDonald House, Special Olympics and numerous other charitable requests that they receive each year.

 

Mr. Reichert stated that the applicants can not have an enclosed building on the site right now and would like to be able to have some functions out there and would like to build restrooms. Applicants do not have anything on the table right now for immediate plans for a building.  If the applicants did do anything they would probably start with restrooms and maybe a small meeting area; enough for the members. Right now the applicants wouldn’t be putting up any large buildings.  Applicants would like to get rezoned so that if they decide and the money is available, they would be able to do that. 

 

Mr. Reichert stated that staff mentioned the water supply.  Mr. Reichert stated that he checked with the Boone County fire department, applicants have a three acre lake out there and the fire department stated that as long as there was a dry hydrant in there, there would be plenty of water to take care of fighting a fire.  Applicant’s also contacted MoDot, as far as access off the highway, that wouldn’t be a problem since there is already an entrance there.  A couple of the neighboring properties are within 1000-feet and there is a wide tree line on the south and part of the west corner of the property that should muffle any sound if there was ever a band or anything there for some type of function.  In the future when a building is erected, there may be meals for different groups, weddings perhaps and those types of things.  There isn’t much available in Centralia for large groups to rent.

 

Chairperson Smith stated that she knew that a conditional use permit would be allowed for a privately operated outdoor recreational facility, and asked staff the fact that the applicant wants to build the building does that make it why the applicants can’t have a conditional use permit.

 

Mr. Florea stated that is correct. The applicants already have a conditional use permit.

 

Chairperson Smith stated that because the applicant is building this building it is becoming indoor.

 

Mr. Florea stated that any type of enclosed structure would require the rezoning.

 

Chairperson Smith stated that rezoning is the only option the applicants had at this point.

 

Mr. Florea stated that is correct.

 

Commissioner Sloan asked if what the applicant stated about the fire protection district is going to be a problem

 

Mr. Florea stated that water district 10 will not allow fire hydrants. There are other ways of achieving fire protection, a dry hydrant would be one of them if that is acceptable to the fire district then it would be approved.

 

Mr. Reichert stated that it is a three-acre lake so there would be plenty of water.

 

Commissioner Heitkamp asked where the three-acre lake was located.

 

Mr. Reichert stated that it is probably 150-feet east of the shelter house.

 

Commissioner Heitkamp asked if it would be near the proposed building.

 

Mr. Reichert stated yes.

 

Mr. Florea stated that the hydrant has to be within 300-feet of the building. It is not as critical where the water source is.  However the difference in elevation between where the structure is located and the lake is critical.

 

Mr. Reichert stated that there is not that much difference in elevation.

 

Commissioner Caruthers stated he went to the property.  The lake is rather close, as far as the elevation from where the structure is and where the lake it, it is okay.

 

Commissioner Heitkamp asked if the wastewater system would have to be upgraded.

 

Mr. Reichert stated that right now there is no wastewater. Applicants will put a lagoon in.

 

Commissioner Caruthers stated that would be put in with the building. There is no need for wastewater at this time.

 

Commissioner Heitkamp asked the applicant if he doesn’t have any plans, then why is the applicant coming before the Commission now?

 

Mr. Reichert stated that there isn’t anything on paper, but the Knights of Columbus have done a lot of talking about it.  Applicant would like to have some restrooms out there by fall.  There are some summer functions, meetings and so fourth, out there now.  It is a little inconvenient not to have restroom facilities out there and it takes a while to get rezoned.

 

Commissioner Heitkamp asked applicant if they would be building restroom facilities for the outdoor building before the indoor facility is built.

 

Mr. Reichert stated that there would be restroom facilities built and the plan would be to build on to that. Applicants would probably put a small meeting room in at the same time the restroom is built.  That part would be planned so that they could add to that with a bigger building.

 

Commissioner Heitkamp stated that the 60 by 100-foot building would come later.

 

Mr. Reichert stated that there is nothing that says for sure that there would ever be that big of a building there.

 

Commissioner Neese asked if there are thoughts of having bingo or anything like that.

 

Mr. Reichert stated he didn’t believe there would be any bingo.

 

Commissioner Caruthers asked if the applicant planned to rent out the building to citizens.

 

Mr. Reichert stated that if they had a building that size then they would probably rent it out for reunions and such. Right now a hall has to be rented for the fundraisers that the Knights of Columbus have.

 

Open to public hearing.

 

No one spoke in favor of the request.

 

Present speaking in opposition to the request:

 

Cindy Barnes, P.O. Box 424, Hallsville.

Ms. Barnes stated that she is here representing her grandparents, Roy and Virginia Gibson, 2070 March Road, who reside directly across from the shelter.  Ms. Barnes stated that her grandparents wanted to know why the property is being rezoned.  The applicant already answered that.  They also wanted to know how many buildings, if they were going to do nature trails.  Ms. Barnes stated that her grandparents have nothing against the Knights of Columbus, they do wonderful things.  Her grandparents have concerns about parties, if they have alcohol and if there are problems, who would respond, Boone County or Centralia.  In the past, Centralia could not respond.  The turnover rate of the Centralia Police is such that you have to be on the force for a year before you can be deputized to go out in to the county. The loud noise, and parties, the questionable activities, the hours of operation, planning future commercial usage, which would be like a bingo hall, and this would lower her grandparents property value.  These are some of the concerns Ms. Barnes stated her grandparents have.

 

Raymond Nichols, 20600 W. Highway 124, Centralia.

Mr. Nichols stated that his property adjoins the applicant’s property.  As far as the tree line reducing noise and such, it doesn’t.  If the applicants are planning on all of this activity, he would like to know what kind of sewage facility the applicants would have.  The noise and litter are also concerns. The applicants water line is a 1-inch line that goes through Mr. Nichols’ property and can't see how a fire hydrant could be hooked up to that.

 

William Heaton, 20425 Jay Jay, Centralia.

Mr. Heaton stated that his property is located at Gano Chance and Jay Jay.  Mr. Heaton stated that his property boarders on the east and south sides of this location.  Concerns are the restrooms and disposal.  There could be a drainage problem, there is now a runoff of rain on to Mr. Heaton’s property, which can’t be helped, more runoff could be a concern. Another concern is with how many people will be attending and possible trespassing. The quiet hour is a concern and if the applicants have a parking area, Mr. Heaton is concerned with lights.

 

Chairperson Smith asked Mr. Heaton what is planted in the field now.

 

Mr. Heaton stated he has soybeans, the south area is a wooded area.

 

Commissioner Caruthers asked Mr. Heaton how far his residence is from the tract.

 

Mr. Heaton stated it is probably within ¼ mile.

 

Louis Norden, 12654 Audrain Road 942, Centralia.

Mr. Norden stated that he is concerned with what the applicants plan to do with the place in the future with the 30-acres. There are many things that come under recreation.  Mr. Norden stated that he doesn’t know what the applicant’s future is and it is hard to tell what someone else might do with it over the years ahead.  There could be a music park go in there or a racetrack or anything else.  Mr. Norden stated that his property is zoned for agriculture now.  There would be more traffic and more trespassing from the recreation center to the park.  There will be trashcans and everything else when it is windy. The applicants may sell the property to someone else in the future and it would still be zoned recreational.  We don’t know what the future is.  Rezoning that many acres for one building, the building will only be on one acre at the most. The rest of it could be used for a lot of different things.

 

Edward Bettenhausen, 19930 N. Jay Jay, Centralia.

Mr. Bettenhausen stated that he has property right across from the Knights of Columbus.  Mr. Bettenhausen stated that his concern is that it is zoned agriculture currently, A-2 covers quite a bit of stuff.  Applicants now want to go to recreational.  Mr. Bettenhausen asked what recreation covers.

 

Commissioner Heitkamp stated that recreational zoning covers agricultural activity, club and lodge with incidental facilities, golf and baseball driving range, fishing or fly-casting pond, marina, golf course, including miniature golf course, pitch and putt course, skating rink, guest ranch and incidental facilities, including stable, corral, swimming pool provided they are located on a site of at least 5 acres, swimming pool, swim park, tennis court, other similar recreation uses.

 

Mr. Bettenhausen stated that that covers a wide multitude of uses. The applicants are trying to put something in there and Mr. Bettenhausen lives right next to it.  The applicants have no plans of what they are trying to do.  How can this be approved when no one knows what they are going to do.  There are many things the applicants can do.  Mr. Bettenhausen stated that he would like some consideration from the Commission. For one thing, sanitation; how many people are going to be there? 50 or 100, 300 or 400? How many and what size are the bathrooms going to be, will it be a septic tank, or drainage field.

 

Chairperson Smith stated that the applicant had stated there would be a lagoon.

 

Mr. Bettenhausen asked what size the lagoon has to be for 400 people.

 

Mr. Florea stated that the applicants would have to get a permit from the Department of Natural Resources for any  commercial lagoon, and it would have to meet certain design criteria of DNR.

 

Mr. Bettenhausen asked how big it would have to be for 400 people. There is no plan that the neighbors know of. Mr. Bettenhausen stated that he is concerned and that is why he is here. Mr. Bettenhausen asked who is Father Robl? If this was a big concern, he would be here tonight, but he is not, where is he? Is he alive or in the cemetery?

 

Chairperson Smith stated that Father Robl is deceased, the facility was named after him.


Mr. Bettenhausen stated that going from agriculture to recreational opens it up for anything they want to do.  Racetrack, drag races, strips.

 

Chairperson Smith stated no, it doesn’t open it up for drag races or strips.

 

Mr. Bettenhausen stated that if it is his recreation, then that is what he can do.

 

Chairperson Smith stated that Commissioner Heitkamp just read what is allowed in a recreation zone. Drag racing was not one of the allowed uses.

 

Mr. Bettenhausen asked if they could have a shooting range.

 

Commissioner Heitkamp stated that is not a permitted use under recreation.  Applicants would have to come back and ask for that. Most of these uses are already allowed as a conditional use permit under the A-2 zoning with an outdoors recreational facility. A permit was given to the applicants to do that. Commissioner Heitkamp stated that most of what was read before is allowed under the A-2 zoning with a permit.

 

Chairperson Smith stated that the applicant could be doing those things right now, but are not. The applicant needs the property rezoned so the building can be built.

 

Mr. Bettenhausen asked if the applicants had any plans for it now that the neighbors can see.

 

Chairperson Smith stated that when the applicant comes back up those concerns would be addressed.

 

Mr. Bettenhausen stated that he is concerned because recreational covers many different things.  He is concerned of lights, if there is a driving range there will be lights.  Mr. Bettenhausen asked about the police force.  Is Centralia going to come out or can the Boone County Sheriff come out there in five or ten minutes? The Sheriff doesn’t want to show up.

 

Closed to public hearing.

 

Chairperson Smith stated that people were concerned about the disturbances that might come up.  The Boone County Sheriff’s Department will come out if it is in Boone County. The applicant already described the type of sewage system in stating that there would be a lagoon.

 

Mr. Reichert stated that a lagoon is the applicant’s only choice.

 

Chairperson Smith stated that the applicant would have to go through the Department of Natural Resources to get a permit. The lagoon would have to be the size that would be designed for the applicant’s kind of facility. Chairperson Smith asked the applicant how many people he expects to have at this facility.

 

Mr. Reichert stated that their maximum number of people now would be 200 people.  It might run 250 but most things would be less than that.

 

Chairperson Smith stated that it was mentioned that there is a 1-inch water line that went through the neighbor’s property, applicant stated earlier that there would be a dry hydrant from the lake.

 

Mr. Reichert stated that they would have to have a dry hydrant. The 1-inch water line would be used for water that the applicant uses, not for fire fighting. Mr. Reichert stated that the applicants don’t have any choice,  the dry hydrant has to be put in or the building could not be erected.

 

Chairperson Smith stated that there is adequate infrastructure at this time for water.

 

Mr. Reichert stated yes.

 

Chairperson Smith stated that in terms of trespassing, would there be any kind of control to keep people on the applicant’s property and away from the neighbors properties.

 

Mr. Reichert stated that he hadn’t anticipated there being a problem.  The east boundary is over more than ¼ mile away.  The location from the north is down considerable from the northern property, the southern property has the trees around it. There have been small gatherings out there before and there haven’t been any problems.

 

Chairperson Smith asked applicant why he is asking for rezoning on so many acres when the building is only going to be so big.  Does the applicant have any future plans other than what the applicant has already stated?

 

Mr. Reichert stated no, the applicants assumed it would be just as easy to rezone it all as it would be to rezone all of it. Mr. Reichert stated that if it makes a difference, the applicants could go another way.

 

Chairperson Smith stated that the Commission always encourages people to work with their neighbors.  Does the applicant have any plans before any of this comes up to keep the neighbors informed about what the applicants plan to do?

 

Mr. Reichert stated yes, when it gets to the point of wanting to put something up the applicants will inform the neighbors, but the applicants are not at that point yet.

 

Chairperson Smith stated that theoretically this could benefit the neighbors as well if someone was getting married, the neighbors could have access to the facility as much as anyone else.

 

Mr. Reichert stated that he would like to think that the applicants could be good neighbors. The facility would be open to the public.

 

Commissioner Caruthers stated that the Knights of Columbus is a religious organization.

 

Mr. Reichert stated that is correct.

 

Commissioner Sloan asked what kind of parking facilities are out there now.

 

Mr. Reichert stated that right now there is gravel parking for about 50 cars. There is ample room for a lot more parking.

 

Commissioner Sloan asked staff what type of parking requirements are needed.

 

Mr. Florea stated that what the applicants need currently should have been addressed with the conditional use permit.  Any future requirements would be addressed with a future building permit. It would be based on the square footage of the facility.

 

Chairperson Smith asked staff if there was any indication that there were any violations of the conditional use permit.

 

Mr. Florea stated no.

 

Commissioner Heitkamp asked when the conditional use permit was issued.

 

Mr. Florea stated 1992.

 

Commissioner Sloan questioned that there is still a gravel parking lot, no chip and seal.

 

Mr. Florea stated apparently.  Mr. Florea stated that he has not inspected the property.

 

Commissioner Caruthers stated that he had been out there and it is currently gravel. That is what was required when the original conditional use permit was issued.

 

Commissioner Heitkamp asked staff when the zoning ordinance started requiring a dust-free surface on parking lots and driveways.

 

Mr. Shawver stated 1995.

 

Commissioner Mink asked what will happen to the conditional use permit if the property is rezoned.

 

Mr. Shawver stated that the conditional use permit would go away.  What is occurring on it now will be permitted under the recreational zoning.

 

Commissioner Heitkamp asked if the Knights of Columbus could erect restrooms under the conditional use permit.

 

Mr. Florea stated no.

 

Commissioner Heitkamp stated that if that is incidental to the use why can’t they. Restrooms are incidental to a recreational use.

 

Mr. Florea stated that it is an outdoor recreational facility.  Mr. Florea stated that to his knowledge there has never been any type of an enclosed structure allowed, incidental or otherwise, with an outdoor recreational facility permit.

 

Commissioner Sloan asked applicant what he has done out there so far for restroom facilities.

 

Mr. Reichert stated that when there is an event, the applicants rent port-a-potties.

 

Commissioner Sloan asked how often the applicants have something out there now and what types of things.

 

Mr. Reichert stated that so far probably one pumpkin fest in the fall and monthly meetings in the summertime.

 

Commissioner Sloan asked how many people attend those meetings.

 

Mr. Reichert stated 12 to 15 people.  These are monthly business meetings.

 

Commissioner Sloan stated that there is only one other activity out there in the year.

 

Mr. Reichert stated that all the other activities are held in town where they rent a building.

 

Commissioner Sloan asked how long the Knights of Columbus have owned this property.

 

Mr. Reichert stated probably about 12 years.

 

Commissioner Sloan stated that she knows that the Knights of Columbus are a good organization.  Commissioner Sloan stated that she shares the concerns of the neighbors.  You don’t know what will happen in the future.


Mr. Reichert asked Commissioner Sloan if that meant not knowing what the applicants were going to do with the rest of the land.

 

Commissioner Sloan stated that the applicants might decide to sell, there may be a financial reason or something like that. Commissioner Sloan stated that she didn’t know how many people are at a pumpkin fest once a year but there is a considerable difference between that and having something with 200 to 250 people in a building that is rented out.  You assume that everything is going to be nice and quiet, sometimes things don’t go quite that way. There is not as much planning as she would have liked to have seen involved in this.

 

Mr. Reichert stated that with the building, it would all be indoor activities.

 

Commissioner Caruthers stated that he drives by this every day.  With what is going on there currently, and even in the proposed use, having a solid set of restroom facilities there to facilitate the meetings would be wise.  Applicants obviously have the intention of holding on to the land, otherwise there would be no plan at all.  If they were simply going to sell it off, they would not be putting the money in for improvements in order to sell it.  The Centralia area has a lack of facilities of this nature, this would be a really good addition to the community.

 

Chairperson Smith stated that the question before the Commission is whether or not this is an appropriate land use. 

 

Commissioner Caruthers stated he believed it is appropriate.

 

Chairperson Smith stated that this again brings up the need for a planned recreation classification.

 

Commissioner Caruthers stated that the Commission could get in to a lot of “what ifs”, but the Commission has to consider what is in front of them.

 

Commissioner Heitkamp stated that once again, no plan for recreation.  This is 39 acres, this is more than Linda Lenau and Robert Brown brought to the Commission.  Commissioner Heitkamp stated that she understands the need for this in Centralia, but it is hard to address this because the applicant is coming to the Commission saying that if the applicants can do this, they want to have something for 200 people maybe a 60 by 100-foot building, that is about 50 chip and seal parking spaces. Commissioner Heitkamp asked the applicant if he realized the extent that he will have to invest in infrastructure just to have a recreational use.

 

Mr. Reichert stated that is why there are no definite plans to do a building that size other than the smaller version that he was talking about.

 

Commissioner Sloan asked the size of the smaller version.

 

Mr. Reichert stated with restrooms and meeting room it may be about 40 by 50-foot.

 

 

Commissioner Caruthers made and Commissioner Mink seconded a motion to approve the request by Father Eugene Robl K.C. Club, Inc. to rezone from A-2 (Agriculture) to REC (Recreation) of 36.59 acres, more or less, located at 20750 N Hwy 124, Centralia.

 

                        Pat Smith – No                         Keith Neese – Yes       

                        Mike Caruthers – Yes               David Mink – Yes

                        Mary Sloan – No                       Kristen Heitkamp - No

                       

Motion to approve request does not carry.                       3  Yes              3  No   

 

Director Shawver pointed explained that because the motion failed, a new motion is required.  The Commission is required to make a recommendation to the County Commission, and since the motion to approve the request failed to get a majority vote, a motion to deny the request should be made so a recommendation of some type can proceed to the County Commission.  Some of the members may have to change their vote so that a motion can pass.

 

 

Commissioner Smith made and Commissioner Heitkamp seconded a motion to deny the request by Father Eugene Robl K.C. Club, Inc. to rezone from A-2 (Agriculture) to REC (Recreation) of 36.59 acres, more or less, located at 20750 N Hwy 124, Centralia.

 

                        Pat Smith – Yes                                    Keith Neese – No        

                        Mike Caruthers – No                 David Mink – No

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                       

Motion to deny request does not carry.               3  Yes              3  No

 

Director Shawver asked that the Commission table the request until next month, at which time the entire commission may be present to act on this request.

 

Commissioner Heitkamp made and Commissioner Caruthers seconded a motion to table the request by Father Eugene Robl K.C. Club, Inc. to rezone from A-2 (Agriculture) to REC (Recreation) of 36.59 acres, more or less, located at 20750 N Hwy 124, Centralia.

 

                        Pat Smith – Yes                                    Keith Neese – Yes       

                        Mike Caruthers – Yes               David Mink – Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                       

Motion to table the request carries.                     6  Yes             

 

 

Chairperson Smith informed the applicant that this would come before the Planning and Zoning Commission again at the next scheduled meeting.  That will allow the Commission time to do more research and perhaps allow the applicant some time to come forth with maybe a plan or at least a time line that would satisfy some of the Commission’s concerns.

 

All interested parties will be notified by mail once again.

 

 

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

 

2.       Request by D.M. and V.L. Riehn Trust to rezone from A-1 (Agriculture) to A-2 (Agriculture) of 24.59 acres, more or less, located at 9950 S South Millsite Rd., Ashland.

 

Planner, Bill Florea gave the staff report stating that this site is located about 5 miles northeast of Ashland in the Englewood area, at the intersection of Johnson Cemetery Road and South Millsite Road.  The property is zoned A-1, as is all of the surrounding property.  There is a house and a mobile home on the property.  The applicant originally requested that their entire parcel of land be rezoned to A-2.  However, that request has been reduced to only include 3.08 acres.  If approved, the applicant will deed the 3.08 acres to his son as a family transfer.    This tract is located in the Southern Boone County R-1 Public School District.  Electric service is provided by Boone Electric Cooperative.  Water service is provided by Consolidated Public Water District No. 1.  The original zoning for this tract is A-2.  The master plan designates this area as being suitable for agricultural and rural residential land uses.  Staff notified 7 property owners about this request.  Staff recommends that this request be approved.

 

Present:  Dewey and Virginia Riehn, 9950 S. Millsite Rd, Ashland.

Mr. Riehn stated that he and his wife are the joint trustees of the DM and  VL Riehn Trust which owns 24.59 acres lying east of South Millsite Road.  Mr. Riehn stated that his objective when he started working on this was to allow his son enough property to build a residence on.  The applicants employed a surveyor who came out and surveyed the property, at the same time, the applicants asked the surveyor to survey off a small acreage for the applicants son to build a house on.  Mr. Riehn stated that the surveyor surveyed it off following some natural contours on the land and surveyed off 3.08 acres.  Applicants believed that when they filed their application that the only option was to seek rezoning on the entire 24.59 acres.  As late as yesterday, applicants became aware that they could request only the smaller tract be rezoned.  Applicants were in the planning office this morning and filed an amended request to only rezone 3.08 acres from A-1 to A-2.  Applicant’s son and his wife live in a mobile home on that property and there is an approved lagoon already existing.  There is water and power to the site as well.  If this request is approved, the applicants intend to do a family transfer of that 3.08 acres. Sometime in the future when financially able, applicant’s son will probably build a residence.

 

Commissioner Neese asked if the applicant’s son would be living in the trailer.

 

Mr. Riehn stated that they are living there now.  The trailer has been there for about 10 years.

 

Open to public hearing.

 

Present speaking in favor of the request:

 

John Long, 9501 S. Millsite, Ashland.

Mr. Long stated that he is the applicant’s neighbor and is in support of this application only because of the change in the plan.  When the first proposal to rezone 24 acres was submitted, Mr. Long stated that he opposed that.  A petition was circulated in the neighborhood and Mr. Long signed it.  If that petition should show up tonight, Mr. Long stated he considers his signature on that to be void and not valid in the fact that the proposal has been changed to 3.08 acres.

 

Mr. Long stated that he has no opposition to the current revised plan.

 

Present speaking in opposition to the request:

 

Dan Hull, 9801 S. Millsite Road, Ashland.

Mr. Hull stated that he is opposed to this request.  Mr. Hull stated that he was opposed to the original request and was notified this afternoon that the request has been changed.  Mr. Hull stated that he has his reasons listed.

 

Chairperson Smith entered the letter stating the reasons for Mr. Hull’s opposition to the request in to the record.

 

Chairperson Smith stated that one of the reasons listed is that Mr. Hull did not support the increase in traffic from 7 additional residences. There won’t be 7 additional residences; there won’t be any additional residences.

 

Mr. Hull stated that there won’t be now.  With the original request there could have been.

 

Chairperson Smith stated that the request has been revised.

 

Mr. Hull stated he knows that now, he was informed two or three hours ago.

 

Chairperson Smith stated that some of the concerns listed are not applicable.

 

Commissioner Caruthers asked Mr. Hull if he was opposed to the rezoning of 3.08 acres.

 

Mr. Hull stated that this revised request will allow for three houses on less than 30-acres, eventually. Mr. Hull stated that the applicants have 24 acres and that allows 2 houses.  Applicant wants another house there now; there is plenty of room to put another house in there without rezoning 3 ½ acres.

 

Chairperson Smith stated that the applicant just wants to rezone the 3 acres so he can give it to his son.

 

Commissioner Caruthers stated that under A-2 there is a 2-½ acre minimum so applicants wouldn’t be able to put anymore houses on the 3 acres.

 

Chairperson Smith stated that the applicants wouldn’t be able to give their son the land unless there was at least 2 ½ acres.

 

Mr. Hull stated that he didn’t know why the applicants can’t just give the property to his son, he is living on the property now.

 

Chairperson Smith stated that is what applicant is doing.  Applicant is trying to rezone the property so he can give his son some property. Chairperson Smith stated that the applicants are only going to give the son property where he resides now; that is all that is going to be rezoned.

 

Mr. Hull stated that this leaves room for an extra house that would be three homes on the property that is zoned for two.

 

Commissioner Heitkamp stated that Mr. Hull is correct.

 

Mr. Hull stated that this is a small community on a dead end road.

 

Chairperson Smith stated that instead of seven houses, there can only be the addition of one more house.

 

Closed to public hearing.

 

Chairperson Smith asked the applicant if this would effect the traffic on the road.

 

Mr. Riehn stated no.

 

Chairperson Smith stated that this basically allows the applicants to give their son some acreage.

 

Commissioner Caruthers stated that the zoning ordinance stated that any permitted use of the A-1 district, provided however, a Single-Family Dwelling shall, in addition to the provisions of the A-1 district, be permitted on a lot or tract having a minimum area of two and one half acres. So if the Commission does a 3 three-acre rezoning and there is an existing structure now, how could the applicants put another house on it.

 

Chairperson Smith stated that on the applicant’s land they could put another home. Regardless of what the Commission does tonight, the applicants can still put an additional home on the property.

 

Mr. Florea stated that the applicants can’t.

 

Chairperson Smith stated that what the Commission does tonight, the applicants can do that regardless.

 

Mr. Florea stated no they can’t.

 

Commissioner Heitkamp stated that the applicants already have two homes on the property; they have reached their maximum. Commissioner Heitkamp stated to the applicants that this rezoning will allow the applicants to build another house on the remaining 21 acres.

 

Commissioner Caruthers stated that this is not the issue before the Commission.

 

Chairperson Smith stated that the question before the Commission was to look at whether rezoning this three acres is appropriate use of this land.

 

Commissioner Caruthers made and Commissioner Heitkamp seconded a motion to approve the request by D.M. and V.L. Riehn Trust to rezone from A-1 (Agriculture) to A-2 (Agriculture) of 24.59 acres, more or less, located at 9950 S South Millsite Rd., Ashland.

 

                        Pat Smith – Yes                                    Keith Neese – Yes       

                        Mike Caruthers – Yes               David Mink – Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                       

Motion to approve request carries                       6  Yes             

 

Chairperson Smith informed the applicants that this matter would go before the County Commission at 7:00 p.m., July 2, 2002.

 

 

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

 

3.       Request by Boone County Commission to rezone as follows: Tract A, 93.8 acres (A-2); Tract B, 47.2 acres (R-S); Tract C, 41 acres (A-2); Tract D, 12.2 acres (R-S); Tract E, 65.6 acres (A-2); Tract F, 68.27 acres, (C-GP).  All tracts to be rezoned to M-L (Light Industrial). All tracts are “more or less.” Property is commonly known as Boone County Fairgrounds, Boone County Sheriff’s Dept., Juvenile Justice Center, Fire District Training Facility and Reality House.

 

Planner, Thad Yonke gave the staff report stating that this property is located just north of the Columbia municipal limits and includes the Boone County Sheriff’s Administration center, the Reality House, The Juvenile Justice Center, the shop for Boone County Facilities Maintenance Department, The Boone County Fire District Training Center and the Boone County Fairgrounds.  For purposes of this request, property owned by Boone County is divided into 6 tracts.  Tract A consists of 93.8 acres zoned A-2; Tract B is 47.2 acres of R-S; Tract C is 41 acres of A-2; Tract D is 12.2 acres of R-S; Tract E is 65.6 acres of A-2; tract F is 68.27 acres of C-GP.  The County Commission has requested that all of the county owned land be rezoned M-L (light Industrial).  All of the facilities will continue to be used as they have been, with the exception of the fairgrounds.  The County is currently engaged in negotiating the development of the area that comprises the fairgrounds.  Suggested uses at this time include sports fields, picnic areas, ice skating facility and a possible minor league baseball team.  Electric service is provided by Boone Electric Cooperative.  Water service and wastewater service is provided by the city of Columbia.   The Master Plan calls for the use of a “Sufficiency of Resources Test” when considering the rezoning of land.  The purpose of the test is to determine whether there are sufficient resources available to support the proposed zoning, or whether services could be made available in an efficient manner.  The resources necessary to serve the proposed development can be broken down into 3 general categories, utilities, transportation and public safety services. 

 

Utilities:  The City of Columbia will provide water service, to these properties.  The water lines are interconnected with waterlines owned by Public Water District 4. 

 

All of these properties are served by the city of Columbia wastewater system. 

 

Boone Electric will provide electricity.

 

There is a good road network serving these sites. 

 

The property is in the Boone County Fire Protection District.  A district fire station is located within ½ mile of this site.

 

Staff  recommends approval of this request.

 

Present:  Presiding Boone County Commissioner, Don Stamper, 801 E. Walnut, Columbia.

 

County Commissioner Stamper stated that there is no predisposition or requirement on the County to do this.  County owned land traditionally has not gone through County Planning and Zoning processes and has generally been considered to be exempt from those processes.  The County Commission has tried to have a proactive position and felt as though any proposed change in land designation should receive a public review process.  Previously the County Commission had written a letter of inquiry to the City of Columbia for the annexation of the land in question. In doing so, the County Commission asked for the same designation that applicants are requesting this evening.  The County Commission has been unable to come to terms with the City of Columbia on that annexation.  All parcel involved in this request are under a proposed involuntary annexation, which is set for the August ballot.  In that proposed involuntary annexation a variety of the acres are zoned in a classification, which is not consistent with its use, nor is it consistent with the intent of the County.

 

The County Commission made a decision some months ago to submit this request to the Planning and Zoning Commission for their review and a public hearing. 

 

County Commissioner Stamper presented a color-coded map showing the location of the property in question.

 

County Commissioner Stamper stated that the history on this is an interesting history.  Mr. Shawver, in doing some history on the deeds found that much of this tract and this tract (pointing on map) was originally a whole tract but was divided by Highway 63 when it was built.  This dates back to the 1800’s in County ownership and was known at one time as the County farm and the County infirmary.  It had a health care facility for those who were senior citizens.  In the 1970’s the Boone Retirement Center was built and replaced that facility and the County then used it for a variety of purposes.  For years it was basically a cow pasture.  In the early 1990’s, the County sought authority to construct the Boone County Jail at that site. Sometime after that, the County gave a portion of that land to the National Guard Armory, which is the little piece on the other chart, which is a 10-acre tract, which belongs to the State of Missouri and was deeded to them.  In turn, the County built the Juvenile Justice Facility in the mid 1990’s.  The old Juvenile Justice Facility is now the Reality House. County Commissioner Stamper pointed out the location of this on the map.  County Commissioner Stamper stated that the County has since created a land lease of 45-acres to the Boone County Fire Protection District and they are developing a major training facility on the west side of the Highway.

 

County Commissioner Stamper stated that this 50-some acre slice houses the County Public Works department and most of it is only suitable for a recreational type of use due to the level of the ground, there is a significant slough that runs through it.  Due to that fact the only developable portion of this tract is the end of it.  There was a discussion when the people of Boone County acquired 134-acres also known as the Boone County Fairgrounds.  It’s original use was that of an airport, that airport dated back to pre planning and zoning days and actually, planning and zoning difficulties in the neighborhood choked that airport out.  They couldn’t extend the runways and couldn’t handle bigger planes and so couldn’t support themselves.  So it had a natural evolution and that use went away. Prior to County ownership there was a portion of it in the center that was planned commercial, it is the County’s intent to develop the facility in a recreational capacity and a combination recreational and business capacity. 

 

County Commissioner Stamper stated that this is a draft plan, it is not a firm plan, it is still under discussion. It identifies an ice arena and a minor-league baseball facility, a parking facility, what will be know as the coliseum building.  An agricultural building in the future, some livestock shelters a variety of sports fields and youth uses. This is envisioned to be probably a 30 to 50-year build out if you look at how it evolves.  The County Commissions purpose in coming before the Planning Commission with the M-L designation is because of the lack of a planned recreational district.  In doing that M-L it seemed to be the best expression of the future intent of use to landowners adjacent.  It is a bit of a technicality of sorts or a catch 22 because the County Commission is under no requirement to do what they are doing this evening, but the County Commission felt it was best to proceed in this manner.

 

Commissioner Neese asked if the Fire Department used the land. 

 

County Commissioner Stamper stated it is on the west side of Highway 63, and it is a nominal lease.

 

Commissioner Neese stated that he thought he had seen the Fire Department on another site doing their training.

 

County Commissioner Stamper stated that he probably had, the Fire Department has a rubble pile out there, the Missouri Task Force One trained on the east side of Highway 63 and there is still a rubble pile there which is an issue of  with some neighbors.  But it will be relocated over to the other site where the training site has been constructed.

 

Commissioner Heitkamp asked County Commissioner Stamper what zoning they will request when they go in to the City.

 

County Commissioner Stamper stated that it is the County Commission’s belief that M-L will be the designation with which it will go in to the City.

 

Commissioner Heitkamp stated that the City’s equivalent zoning is what?

 

County Commissioner Stamper stated it would be M-1.

 

Chairperson Smith stated that if this property was not rezoned, it would go in to the City as all these other zonings.

 

County Commissioner Stamper stated yes, this  precedent setting action is an attempt to designate the preferences of the County Commission on how the land is intended to be used in the future.

 

Commissioner Heitkamp stated that it seemed to her that the County’s proposed uses could come in under the County’s C-O zoning.  However, when this property goes in to the City of Columbia through voluntary or involuntary annexation, the City couldn’t take the property as office because the uses for which it is now being used are excluded in the City.

 

Mr. Shawver stated that the Public Works area would be considered as a contractors lot which is an M-L land use.  The Fire District’s area is the most problematic use up there because they have the rubble pile, eventually they will have a plane there that they will set on fire periodically.  These uses have the appearance of a salvage facility. Of all the available classifications, the M-L zoning is the most closely matched to the things that are already taking place out there.

 

Commissioner Heitkamp stated that there is a question about recreational zoning for the fairgrounds.

 

County Commissioner Stamper stated that it is unknown as to whether this property will go in to the City. The County attempted to bring it in voluntarily and that didn’t work for a variety of reasons.  It is the County Commission’s belief that they have a responsibility to themselves and those they work for to identify the parameter within which the land could be used. As we looked at the uses of this whole area, the County Commission felt as though M-L covered any spectrum that they would be involved in .  Applicants did not ask for M-L planned because there is no statutory sequence for it.  The decisions on how the land is used rests with the County Commission.

 

Commissioner Neese asked if this were a 30 to  50 year plan, where was the I-70 northern by-pass? Was it just below this land?

 

County Commissioner Stamper stated that one of them went right through the property, the other one went just north of it.  On the major thoroughfare plan there is a designation for an arterial east-west corridor north of this tract. 

 

Open to public hearing.

 

No one spoke in favor of or in opposition to the request.

 

Closed to public hearing.

 

Commissioner Caruthers made and Commissioner Mink seconded a motion to approve the request by Boone County Commission to rezone as follows:  Tract A, 93.8 acres (A-2); Tract B, 47.2 acres (R-S); Tract C, 41 acres (A-2); Tract D, 12.2 acres (R-S); Tract E, 65.6 acres (A-2); Tract F, 68.27 acres, (C-GP).  All tracts to be rezoned to M-L (Light Industrial). All tracts are “more or less.” Property is commonly known as Boone County Fairgrounds, Boone County Sheriff’s Dept., Juvenile Justice Center, Fire District Training Facility and Reality House.

 

                        Pat Smith – Yes                                    Keith Neese – Yes       

                        Mike Caruthers – Yes               David Mink – Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                       

Motion to approve request carries                       6  Yes             

 

Chairperson Smith informed the applicants that this matter would go before the County Commission at 7:00 p.m., July 2, 2002.

 

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4.       Request by Thomas E. Atkins III to rezone from A-2 (Agriculture) to M-LP (Planned Industrial) of 80 acres, more or less, located at 5250 N Oakland Gravel Rd., Columbia.

 

Planner, Thad Yonke gave the staff report stating that this property is located just north of the Columbia municipal limits and is adjacent to the Boone County Fairgrounds.  The applicant has requested that this tract be zoned M-LP.  The applicant has not submitted a review plan at this time.  The zoning regulations permit an applicant to submit a request to rezone land to Planned Commercial or Planned Industrial without a review plan.  However, it should be noted that a new zoning classification does not take effect until a review plan and a final development plan have been approved.  Electric service is provided by Boone Electric Cooperative.  Water service and wastewater service is provided by the city of Columbia.   The Master Plan calls for the use of a “Sufficiency of Resources Test” when considering the rezoning of land.  The purpose of the test is to determine whether there are sufficient resources available to support the proposed zoning, or whether services could be made available in an efficient manner.  The resources necessary to serve the proposed development can be broken down into 3 general categories, utilities, transportation and public safety services. 

 

Utilities:  The City of Columbia will provide water service, to these properties.  The water lines are interconnected with waterlines owned by Public Water District 4. 

 

This property can be served by the city of Columbia wastewater system.

 

Boone Electric will provide electricity.

 

Access to this site is through the Boone County Fairgrounds.  The fairgrounds have good access to public roads. 

 

The property is in the Boone County Fire Protection District.  A district fire station is located within 1 mile of this site.

 

In general, staff is concerned with proposals for planned commercial or industrial developments that do not provide an initial review plan with which to work.  However, staff sees that the ultimate development of this tract is closely tied to the development of the fairgrounds, which creates problems for the owner.  Staff  recommends approval of this request with the following conditions:

 

·         No development may take place until a review plan and final development plan is approved.

 

·         A minimum buffer of 100 feet to be provided on the north, east, and west boundary of the property.

 

·         A traffic analysis may be required prior to development of this site.

 

·         Additional conditions may be added once a review plan is submitted.

 

Present:  Bruce Beckett, attorney for applicant, 111 S. 9th, Suite 200, Columbia.

 

Mr. Beckett stated that the development of this property is going to be closely related to what goes on at the fairgrounds property.  This is an 80-acre, rectangular tract that sticks off of the fairground property to the northeast.  Mr. Beckett pointed out the location on the aerial photograph.

 

Mr. Beckett stated that Mr. Atkins acquired this property from the Boone County Fair Board about the same time the County acquired the fairgrounds from the Boone County Fair.  When Mr. Atkins acquired it, it was a landlocked piece of ground.  There is access reserved across the fairground property to benefit the 80-acre tract.  Any traffic that comes in to this 80-acres will be through the fairground property. Applicants did not request a straight M-L district because the applicants are sensitive to the fact that there is a neighborhood to the north of this property.  There is a natural buffer in the northwest corner of the property in the form of heavy tree cover and a ravine.  That is an obvious buffer.  Applicants have no objections to the conditions that the staff recommended. 

 

Mr. Beckett stated that the applicants do have to come back for a plan approval. When that happens the Commission can place conditions on approval of a plan regarding the use, layout, circulation, buffer zones, landscaping, setbacks, off street parking, and other factors deemed as being essential to the sound development of the area and for the protection of the adjacent areas.  Applicants are willing to submit themselves to all those kinds of scrutiny in order to have this property zoned in a fashion that is compatible with the fairgrounds. Applicants are in an unusual position here; the property is between a neighborhood on the northwest and what will be an intense use of a recreational nature on the south. Applicants are also limited to access through that property on the south.  Applicants think they can work with all of those things and would hope that the Commission favorably considers the application.

 

Commissioner Neese asked if the City has a sewer system up there to hook in to on the applicant’s property.

 

Mr. Beckett stated no, he didn’t believe that was on the applicant’s property.

 

Mr. Yonke stated that the City did an interconnection with the Gregory Heights lagoon system to take the lagoon system out of service so they could run that in to the central lines of the City.

 

Commissioner Neese asked if it went through the Atkins property.

 

Mr. Yonke stated he didn’t believe so.  Mr. Yonke stated he believed it is off to the side of the property.

 

Mr. Beckett stated that it is difficult for the applicants to come up with a plan until they know what is going to go on the property to the south.  Applicants can’t commit themselves to a plan at this point.

 

Open to public hearing.

 

No one spoke in favor of or in opposition to the request.

 

Closed to public hearing.

 

Commissioner Caruthers made and Commissioner Mink seconded a motion to approve the request by Thomas E. Atkins III to rezone from A-2 (Agriculture) to M-LP (Planned Industrial) of 80 acres, more or less, located at 5250 N Oakland Gravel Rd., Columbia, with the following conditions:

 

·         No development may take place until a review plan and final development plan is approved.

 

·         A minimum buffer of 100 feet to be provided on the north, east, and west boundary of the property.

 

·         A traffic analysis may be required prior to development of this site.

 

·         Additional conditions may be added once a review plan is submitted.

 

 

                        Pat Smith – Yes                                    Keith Neese – Yes       

                        Mike Caruthers – Yes               David Mink – Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - No

                       

Motion to approve request carries                       5  Yes              1  No   

 

Chairperson Smith informed the applicants that this matter would go before the County Commission at 7:00 p.m., July 2, 2002.

 

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PLAT REVIEWS

 

 

1.       Prairie Meadows Estates Plat 8.  S3/4-T47N-R12W.  John R. Satterlee, owner.  Timothy D. Capehart, surveyor.

 

Planner, Thad Yonke gave the staff report stating that this 2 lot final plat is located on the west side of the Outer Road along Highway 63 South at the immediate southwest corner of the intersection of Meadow Lark Lane and the west Outer Road of Highway 63 South. The site is adjacent to the municipal limits of the City of Columbia across Highway 63. The area being subdivided contains 1.95-acres. The portion of the property of proposed Lot 71 is zoned R-M (moderate density residential) while the portion of the property proposed as Lot 72 is zoned C-G (general commercial). Property to the north, northwest, and west is zoned R-M, property to the immediate south is zoned M-LP, and property to the east across Highway 63 is zoned A-1 (agriculture). These are all the original 1973 zonings, except the M-LP, which was rezoned in 1999. The property is currently the site of a billboard on proposed Lot 72 while proposed Lot 71 is vacant. The property is currently comprised of illegally divided remnants left out of the platting process by the surrounding development. The site is in Consolidated Water District #1 and a 6” waterline runs along Meadow Lark Lane but stops at the south line of proposed Lot 71. Fire hydrants are required not by the type of plat but rather for this development by the type of use. Hydrants and any associated waterline upgrades are required to be installed at the developer’s expense. The site is in the Boone County Fire Protection District and Columbia School District. The site is in the Boone Electric Service area. Central sewage treatment is required and is proposed to be from a connection to a DNR regulated lagoon that serves the M-LP property to the south. Copies of the draft agreements between the parties involved with this sewer system are in the file. However, some of the details of the agreements need to be modified to insure that sewer service will continue to be available to the created lots. Additionally, plans and approvals for the sewer connections and lines to serve this plat will need to be submitted, approved, and installed and inspected prior to recording. A traffic analysis waiver has also been requested. Staff concurs with the granting of this waiver.  This plat has 78 points on the point rating scale.

 

Staff recommends approval along with the granting of the waivers for traffic analysis subject to the following 5 conditions:

 

1.       That engineered sewer plans be provided and approved prior to recording of the plat.

2.       That the sewer agreements be revised and executed to insure continual central sewer service to both proposed lots within the plat and that the revised agreements be acceptable to the planning director prior to recording.

3.       That the water issues be resolved to the satisfaction of the planning director prior to recording.

4.       That it be recognized that no bonding of infrastructure is allowed for this plat, as the engineered cost estimate was not submitted along with the initial submittal as required to allow possible bonding.

 

That an approval of the connection and treatment facility to serve the proposed lots be obtained from DNR and acceptable documentation that the facility is allowed to serve the development and has been installed and constructed to meet DNR requirements be provided to the planning department prior to recording.

 

No one present to represent the plat.

 

Commissioner Mink made and Commissioner Caruthers seconded a motion to approve with staff recommendations the plat of Prairie meadows Estates Plat 8.  S3/4-T47N-R12W.  John R. Satterlee, owner.  Timothy D. Capehart, surveyor.

 

                        Pat Smith – Yes                                    Keith Neese – Yes       

                        Mike Caruthers – Yes               David Mink – Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                       

Motion to approve plat with staff recommendations carries.         6  Yes                         

 

 

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2.       El Chaparral Plat 7, Replat of Lot 1.  S16-T48N-R12W.  Casey’s Marketing Co. and Broadway Business park, owners.  Paul Wheeler, surveyor.

 

The staff report was entered in to the record.  The report stated that this 2 lot plat is located at the immediate southwest corner of State Highway WW and El Chaparral Avenue. The site is approximately 1/4 mile east of the municipal limits of the City of Columbia. The area being subdivided contains 4.35-acres. The property is zoned C-G (general commercial). Surrounding property to the west and south is zoned R-S (residential single-family), property to the northwest, north, and northeast, across Highway WW is zoned A-R (agriculture-residential), property to the east across El Chaparral Avenue is zoned C-G. These are all original 1973 zonings. The site of the plat is currently the site of a strip mall development on proposed Lot 2 and a convenience store on proposed Lot 1. The purpose of the replat is to make the lot for the convenience store larger to accommodate expansion of the store. The site is in Water District #9. Fire hydrants are required not by the type of plat but rather for this development by the type of use. Hydrants and any associated waterline upgrades are required to be installed at the developer’s expense. The site is in the Boone County Fire Protection District and Columbia School District. The site is in the Boone Electric Service area. Sewage treatment will most likely be from the central wastewater system that serves El Chaparral Subdivision and the existing commercial buildings on the proposed lots. A traffic analysis waiver has also been requested. Staff concurs with the granting of this waiver.  This plat has 88 points on the point rating scale.

 

Staff recommends approval along with the granting of the waiver requests.

 

No one present to represent plat.

 

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3.       Valley Creek Replat Lot 86.  S3-T48N-R12W.  El-Sayed and Sinada Construction Corp., owner, James V. Patchett, surveyor.

 

The staff report was entered in to the record.  The report stated that this two lot minor plat is a proposal to split the original parent lot 1st platted as a lot in Valley Creek Subdivision Plat 8, recorded in plat book 31 page 31 of the Boone County Records.  Additionally, this lot is contained within the area designated on the approved final plan for Valley Creek PRD. This lot is located at the immediate southeast corner of Trikalla Drive and Lakewood Drive. This property is zoned R-M PRD (residential moderate density planned residential development), the R-M underlying zoning is the original 1973 zoning.  The Planned Residential Development was approved in April of 1997.  The structures on each of these lots are designated as single family attached residences, and as such, must meet a higher building code standard than a traditional duplex, which externally these units resemble.  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 master plan shows this area as being suitable for residential development. These plats have 80 points on the point rating scale.

 

Staff recommends approval along with granting the waiver requests.

 

No one present to represent plat.

 

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4.       MMJ & A.  S22-T46N-R12W.  James P. Wilson, Reba Earl Krau, Michael and Maureen Dalton, owners.  James V. Patchett, surveyor.

 

The staff report was entered in to the record.  The report stated that this 2 lot minor plat is located on the south side of Dee Woods Road and also the west side of Old Highway 63 approximately 100 feet south of the intersection of Old Highway 63 and Dee Woods Road. The site would be at the immediate intersection except for 2 existing small tracts. The site is approximately 1/4 mile south of the municipal limits of the City of Ashland. The area being subdivided contains 6.10-acres. The property is zoned A-2 (agricultural) as is all the surrounding property. These are all the original 1973 zonings. The property is currently the site of one house and a garage on proposed Lot 1. This plat divides Lot 2 of Lazy K Subdivision, approved in April of 2002, and attaches a portion of it to the existing tract along Dee Woods Road which is one of a number of small lots along Dee Woods Road that do not meet the minimum lot size for the zoning district. The proposed lots in the plat will all meet the minimum lot size. The current proposal is just east of W-K subdivision that was approved in September of 2001. The site is in Consolidated Water District #1 and a 6” waterline runs along the south side of Dee Woods Road. Fire hydrants are not required for minor plats containing less than 4 lots, as is the case here. This plat consists of the enlargement of an existing lot & the reconfiguring of the 3rd lot being created from the parent parcels, any further division of the parent parcels resulting in a lot of less than 10 acres will trigger the 6” waterline and fire hydrant requirements. The site is in the Southern Boone County School District. Sewage treatment will remain from on-site systems. A waiver from both a traffic analysis and cost benefit analysis for central sewer has been requested. Staff concurs with the granting of these waivers. The site is in the Southern Boone County Fire Protection District and Union Electric Service areas. This plat has 68 points on the point rating scale.

 

Staff recommends approval along with the granting of the waiver requests.

 

No one present to represent plat.

 

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5.       Gunnell Acre.  New Madrid Claim 64.  Geoffrey Gunnell, owner.  J. Daniel Brush, surveyor.

 

The staff report was entered in to the record.  The report stated that the property is located at 8989 Terrapin Hills Road.  Lot 7AA is occupied by a house, detached garage and septic system.  Lot 5AA is vacant.  The applicant owns two adjacent lots and intends to shift the location of the common lot line.  Since the property has not been platted in accordance with the Subdivision Regulations, the only way to accomplish the lot line adjustment is to file a subdivision plat. 

 

Both lots are accessed by private roadway easement connecting to State Route O.  Since there is no public road frontage, there will be no right of way dedication by this plat.  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.

 

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

 

The property scored 23 points on the rating system.

 

Staff recommends approval of the plat and waiver requests.

 

No one present to represent plat.

 

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6.       Cherokee Ridge Estates Plat 1.  S33-T46N-R12W.  John and Ethel Reeder, owners.  Cutis E. Basinger, surveyor.

 

The staff report was entered in to the record.  The report stated that the property is located on the north side of Route A, approximately three miles south of Ashland.  The proposed lot is being divided from a parcel of approximately 65 acres. 

 

The lot has frontage on and access to State Route A.  Right of way sufficient to create 33’ half-width right of way is being dedicated by this plat.  The applicant has submitted a request to waive the requirement to provide a traffic analysis.

 

Consolidated Public Water District Number 1 provides water service in the area.  There is a 4-inch waterline adjacent to Lot 1 with adequate water for domestic use.

 

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

 

The property scored 41 points on the rating system.

 

Staff recommends approval of the plat and waiver requests.

 

No one present to represent plat.

 

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7.       Cherokee Ridge Estates Plat 2.  S4-T45N-R12W.  John and Ethel Reeder, owners.  Curtis E. Basinger, surveyor.

 

The staff report was entered in to the record.  The report stated that the property is located on the north side of Route A, approximately three miles south of Ashland.  The proposed lot is being divided from a parcel of approximately 65 acres. 

 

The lot has frontage on and access to State Route A.  Right of way sufficient to create 33’ half-width right of way is being dedicated by this plat.  The applicant has submitted a request to waive the requirement to provide a traffic analysis.

 

Consolidated Public Water District Number 1 provides water service in the area.  There is a 4-inch waterline adjacent to Lot 1 with adequate water for domestic use.

 

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

 

The property scored 41 points on the rating system.

 

Staff recommends approval of the plat and waiver requests.

 

No one present to represent plat.

 

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8.       Wren School Ridge Acres.  S14-T46N-R13W.  Vernon and Sally Jo Stump, owners.  Curtis E. Basinger, surveyor.

 

The staff report was entered in to the record.  The report stated that this 2 lot minor plat is located on the east side of Wren School Road approximately 1200 feet north of the intersection of Calvin Drive and Wren School Road. The site is approximately 4 miles west of the municipal limits of the City of Ashland. The area being subdivided contains 10.00-acres. The property is zoned A-2 (agriculture). All the surrounding property is zoned A-2 and these are all original 1973 zonings. The property is currently the site of one house contained on proposed Lot 2. The site is in Consolidated Water District #1. Fire hydrants are not required for minor plats containing less than 4 lots, as is the case here. The site is in the Southern Boone County Fire Protection District and Southern Boone County School District. The site is in the Boone Electric Service area. Sewage treatment will most likely be from on-site sewage systems 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 15 points on the point rating scale.

 

Staff recommends approval along with the granting of the waiver requests.

 

No one present to represent plat.

 

Chairperson Smith asked if this property is being subdivided and developed.

 

Mr. Yonke stated that this is being divided in to two lots.

 

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9.       Hale.  S34-T51N-R12W.  Tom and Vietta Hale, owners.  J. Daniel Brush, surveyor.

 

The staff report was entered in to the record.  The report stated that the property is located on the north side of Crownview Drive, north of Height’s Chaparral Subdivision.

 

Both lots within the subdivision will have frontage on Crownview Drive, a county maintained road.  Crownview drive has an existing 60’ wide right of way, which has been established by the plat of Height’s Chaparral.  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 within the service area of Water District Number 4.

 

On-site wastewater systems will be used for sewage disposal.  A plan is on file that shows a suitable location for a lagoon on each lot.

 

The property scored 33 points on the rating system.

 

Staff recommends approval of the plat and waiver requests.

 

No one present to represent plat.

 

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10.   Spotts.  S6-T48N-R11W.  Garry and Ruth Spotts, owners.  Donald E. Bormann, surveyor.

 

The staff report was entered in to the record.  The report stated that this 4 lot minor plat is located on the north side of St. Charles Road approximately 3000 feet east of the intersection of State Route Z and St. Charles Road. The site is approximately 3 miles east of the municipal limits of the City of Columbia. The area being subdivided contains 21.67-acres. The property is zoned A-R (agriculture-residential). All the surrounding property to the west and south is also zoned A-R. Property to the north and east is zoned A-1 (agriculture). These are all original 1973 zonings. The property is currently the site of one house and sewage lagoon contained on proposed Lot 4. Proposed Lot 2 is the site of an existing garage. The site is in Water District #9. Fire hydrants are required for minor plats containing 4 or more lots, as is the case here. Hydrants and any associated waterline upgrades are required to be installed at the developer’s expense. The site is in the Boone County Fire Protection District and Columbia School District. The site is in the Boone Electric Service area. Sewage treatment will most likely be from on-site sewage systems 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 41 points on the point rating scale.

 

Staff recommends approval along with the granting of the waiver requests

 

No one present to represent plat.

 

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11.   Bearfield Valley.  S31-T48N-R12W.  John Blakemore, owner.  Bill R. Crockett, surveyor.

 

The staff report was entered in to the record.  The report stated that this 3 lot minor plat is located on the west side of Bearfield Road approximately 920 feet north of the intersection of Gans Road and Bearfield Road. The site is approximately 100 feet south of the nearest portion of the municipal limits of the City of Columbia. The area being subdivided contains 22.21-acres. The property is zoned A-2 (agriculture) as is all the surrounding property to the north, west, and south. Property to the east across Bearfield Road is zoned A-1 (agriculture). These are all the original 1973 zonings. The property is currently the site of one house and a garage contained on proposed Lot 4a. Proposed Lot 7a is accessed by a private access easement created by this plat. The site is in Consolidated Water District #1. Fire hydrants are not required for minor plats containing less than 4 lots, as is the case here. The site is in the Boone County Fire Protection District and Columbia School District. The site is in the Boone Electric Service area. Sewage treatment will most likely be from on-site sewage systems 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 65 points on the point rating scale.

 

Staff recommends approval along with the granting of the waiver requests.

 

No one present to represent plat.

 

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12.   Fowler Creek.  S13-T46N-R12W.  Virginia Davidson, owner.  Ronald G. Lueck, surveyor.

 

The staff report was entered in to the record.  The report stated that the subject property is on the south side of Route Y, approximately 1-½ miles east of Ashland.  There is an existing house, garage and septic tank on proposed Lot 1.

 

Both lots have frontage on Route Y.  The right of way width for Route Y exceeds the Boone County minimum standard.  Therefore, no additional right of way is dedicated by this plat.  The applicant has submitted a request to waive the requirement to provide a traffic analysis.

 

Consolidated Public Water Supply District Number 1 provides water service in this area.  There is a 4-in waterline along the north side of Route Y that is available for domestic use.

 

On-site wastewater systems will be used for sewage disposal.  There is an existing system on Lot 1.  A suitable location for such a system has been shown on Lot 2.  The applicant has submitted a request to waive the requirement to provide a traffic analysis.

 

The property scored 50 points on the rating system.

 

Staff recommends approval of the plat and waiver requests.

 

No one present to represent.

 

Commissioner Mink made and Commissioner Caruthers seconded a motion to approve plats 2-12 with staff recommendations and the addition that the staff reports be entered in to the record.

 

                        Pat Smith – Yes                                    Keith Neese – Yes       

                        Mike Caruthers – Yes               David Mink – Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                       

Motion to approve plats 2 through 12 carries                   6  Yes             

 

                       

 

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OLD BUSINESS

 

Director, Stan Shawver updated the Planning and Zoning Commission of the decisions rendered by the County Commission.

 

Regarding the request by Linda Lenau and Robert Brown; the County Commission approved the rezoning request as the Planning and Zoning Commission recommended, and tabled the outdoor recreation facility.  The County Commission asked that staff develop additional conditions beyond those that were recommended by staff at the Planning and Zoning Commission meeting.  Mr. Shawver stated that 24 conditions were developed and submitted to the County Commission.  The County Commission will schedule a work session to review them and see if additional conditions are needed.  Mr. Shawver stated that he could make those conditions available to the Planning and Zoning Commission.

 

Commissioner Heitkamp asked if the Planning and Zoning Commissioners could attend the work session.

 

Mr. Shawver stated that any session the County Commission has is open to the public.  Mr. Shawver stated that he would find out what date that session would be held and inform the Planning and Zoning Commissioners.

 

Regarding the Austin request Mr. Shawver stated that the County Commission upheld the recommendation to approve the rezoning.

 

 

NEW BUSINESS

 

None.

 

 

ADJOURN

 

Being no further business, the meeting was adjourned at 9:08 p.m.    

 

Respectfully submitted,

 

 

 

Mary Sloan

Secretary

 

Minutes approved on this 18th day of July 2002.