BOONE COUNTY PLANNING & ZONING COMMISSION

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, March 20, 2003

 

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

                              Mike Morgan                                        Bourbon Township

                              Carl Freiling                                          Cedar Township

                              Kristen Heitkamp                                  Missouri Township

                              David Piest                                           Public Works

 

 

 

Absent:                   Keith Neese                                         Columbia Township

                             

                             

Also present:           Stan Shawver, Director                          Bill Florea, Staff

                              Thad Yonke, Staff                                 Paula Evans, Staff  

 

The minutes of the February 20, 2003 meeting were approved with no corrections.  Approved by acclamation.

 

Chairperson Smith read the procedural statement which stated 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 one conditional use permit and ten subdivision plats. 

 

In general, the Planning and Zoning Commission tries to follow Robert’s Rules of Order, however, they are authorized by the Missouri State Statutes to follow their own by-laws.  The by-laws provide that all members of the Commission, including the Chairperson, enjoy full privileges of the floor.  The Chairperson may debate, vote upon or even make any motion.

 

The following procedure will be followed for the conditional use permit:

 

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 not lengthy, however, while we wish to extend an opportunity to everyone that wishes to speak, we ask that you not be repetitious with your remarks.  We also recognize that many issues can be quite emotional.  In that regard we ask that you refrain from applause or other signs of support or displeasure.  Please afford those with a different point of view from you own the same respect and consideration you would like to be shown yourself.

 

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, April 1, 2003.   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, April 1, 2003 will begin at 7:00 p.m. and will convene in this same room.

 

 

CONDITIONAL USE PERMITS

 

 

1.       Request by Larry and Beth Oetting for a permit for an Outdoor Recreational Facility (Corn Maze) on 10 acres, more or less, located at 6552 Hwy AB, Columbia.     

 

Planner, Bill Florea gave the staff report stating that this request is for a conditional use permit for a privately operated outdoor recreational facility.  The property is zoned A-1 (Agriculture), as is all of the property to the east and south.  Part of the west property line lies adjacent to the Highway 63 right-of-way.  The Deer Park store is also on the west side, and that property is zoned C-G. 

The applicant has proposed use of the land for a corn maze, and possibly for hayrides. 

This site is located within the Columbia Public School District, however the proposed use will not have any impact on the school system.  Electric service to this area is provided by Boone Electric Cooperative.  Water service in the area is provided by Consolidated Public Water District No. 1.  The use as proposed will not require changes to existing service lines in the area, nor will it result in a decrease of service availability to existing customers. The proposed uses are consistent with the surrounding land uses. The master plan designates this area as being suitable for agricultural purposes. The proposed use would not change that designation, as crops would still be harvested from the site. There have been no previous requests submitted on behalf of this site. Staff notified 17 property owners concerning this request.. Staff sees the proposed use as being consistent with the surrounding area, and recommends approval with the following conditions provided that the Commission finds that the use complies with the approval tests for a conditional use permit:

 

- The facility may operate up to 1 ½ hours after sunset, and

- Chip and Seal the parking area and driveway following second season, if still

active.

 

Concerning the second item, the Commission may want to consider not requiring this

condition to be implemented provided the applicant provides written evidence of an agreement with the owners of the Deer Park Store allowing the use of their parking lot during operation of the maze.

 

As a conditional use permit the proposal must meet the following seven 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.

 

Present:  Larry Oetting, 6552 E. Hwy AB, Columbia.

              Tiffany Oetting, 6552 E. Hwy AB, Columbia.

 

Mr. Oetting stated that what he had planned is probably put in a corn maze that will consist of 8 to 10 acres.  The applicants have a letter from the owners of Deer Park Store, which is Midland Oil Company, giving the applicants the right to use the southern end of their parking lot.  The entrance to the maze will probably be down on the southern end of the parking lot.  There will be no food or drink sold at the site; the store would be the source on things like that.  Mr. Oetting stated that the hours would be anywhere from 2:00 or 4:00 p.m. to dusk. The days of operation will possibly be Thursday, Friday, Saturday, and Sunday; the applicants are still not sure on that. There could also be a time where there was a group pre-schoolers that want to come in during off hours; perhaps around 1:00 p.m. but that would be by appointment only.

 

Open to public hearing.

 

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

 

Closed to public hearing.

 

Commissioner Freiling made and Commissioner Heitkamp seconded a motion to approve the request by Larry and Beth Oetting for a permit for an Outdoor Recreational Facility (Corn Maze) on 10 acres, more or less, located at 6552 Hwy AB, Columbia with the following conditions:

           

            - The facility may operate up to 1 ½ hours after sunset

- Chip and Seal the parking area and driveway following second season, if still

active, unless applicant provides written evidence of an agreement with the owners of the Deer Park Store allowing the use of their parking lot during operation of the maze

 

                        Carl Freiling – Yes                    Kristen Heitkamp - Yes

                        Pat Smith – Yes                                    Mike Caruthers - Yes   

                        Mike Morgan – Yes                  David Piest – Yes

                        Mary Sloan – Yes                    

                       

Motion to approve request carried unanimously.  

 

Chairperson Smith informed the applicants that this matter would go before the County Commission at 7:00 p.m., April 1, 2003.

 

 

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

 

 

REZONING REQUESTS

 

None.

 

PLAT REVIEWS

 

 

1.       Brandel.  S11-T45N-R12W.  William and Marian Brandel, owners.  Keith M. Brickey, surveyor.

 

The following staff report was entered in to the record:

 

The property is located on the south side of Lloyd Hudson Road just east of Westbrook Drive.

 

The lot has frontage on and access to Lloyd Hudson Road.  Additional right of way will be dedicated by this plat sufficient to create a 33-foot half-width or 66-foot full width right of way as appropriate.  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 this property via a 2-inch water line.

 

An on site wastewater system will be used for sewage disposal.  The applicant has submitted a request to waive the requirement to provide a wastewater cost-benefit analysis.

 

The lot does not meet the minimum depth requirement of 250-feet.  The applicant must obtain a variance from that requirement prior to recording the plat.

 

The property scored 40 points on the rating system.

 

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

 

The applicant must obtain a Board of Adjustment variance from the minimum lot depth requirement prior to recording the final plat.

 

 

 

      Commissioner Caruthers made and Commissioner Heitkamp seconded a motion to approve the plat of Brandel.  S11-T45N-R12W.  William and Marian Brandel, owners.  Keith M. Brickey, surveyor with waiver request and the following condition:

 

      The applicant must obtain a Board of Adjustment variance from the minimum lot depth requirement prior to recording the plat.

 

                        Pat Smith – Yes                                    Mike Morgan - Yes      

                        Mike Caruthers – Yes               David Piest– Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                        Carl Freiling - Yes                    

                       

Motion to approve plat with staff recommendations carries.         7  Yes

 

 

 

 

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

 

 

 

2.       Meek Lumber.  S10-T47N-R12W.  Meek Lumber Yard, Inc., owner.  Neal R. Slattery, surveyor.

 

The following staff report was entered in to the record:

 

The property is located on the north side of Route 163 just east of US 63.  The owner currently owns two lots.  The purpose of the plat is to adjust the size and shape of the existing tracts.

 

Both lots have frontage on and access to Route 163.  The right of way for 163 is 120 feet wide at this location.  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.

 

Consolidated Public Water District Number 1 provides water service to this property.  There is an 8-inch line capable of providing fire protection in the vicinity. 

 

There is an engineered sand filter/drip wastewater system on Lot 1.  The applicant intends to use that system to serve Lot 2.  The applicant has submitted a request to waive the requirement to provide a wastewater cost-benefit analysis.

 

The subdivision regulations require a 50-foot building setback to be established adjacent to all state rights of way.  One of the existing buildings on Lot 1 is within this setback.  The owner will have to obtain a variance from the Board of Adjustment prior to recording this plat.

 

The property scored 48 points on the rating system.

 

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

 

The applicant must obtain a Board of Adjustment variance allowing the existing building to remain within the 50-foot building setback area as required by the Subdivision Regulations.

 

 

 

      Commissioner Caruthers made and Commissioner Heitkamp seconded a motion to approve the plat of Meek Lumber.  S10-T47N-R12W.  Meek Lumber Yard, Inc., owner.  Neal R. Slattery, surveyor with waiver requests and the following conditions:

 

The applicant must obtain a Board of Adjustment variance allowing the existing building to remain within the 50-foot building setback area as required by the Subdivision Regulations.

 

                        Pat Smith – Yes                                    Mike Morgan - Yes      

                        Mike Caruthers – Yes               David Piest– Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                        Carl Freiling - Yes                    

                       

Motion to approve plat with staff recommendations carries.         7  Yes

 

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

 

 

 

3.       Deerfield Ridge, Re-plat lot 8.  Fairway Meadows, Inc., owner.  James R. Jeffries, surveyor.

 

The following staff report was entered in to the record:

 

The property is located on the west side of Seminole Court approximately 200 feet north of Route K.  The purpose of the plat is to shift the building line from 40-feet to 20-feet.

 

The lot has frontage on and access to Seminole Court, which has a 50-foot wide right of way.  No additional 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 to the property.  There is a fire hydrant within 500 feet of the lot that is capable of meeting the fire flow requirements.

 

Boone County Regional Sewer District provides sewer service for this lot.

 

The property scored 81 points on the rating system.

 

Staff recommends approval of the plat and waiver request.

 

 

 

      Commissioner Caruthers made and Commissioner Heitkamp seconded a motion to approve the plat of Deerfield Ridge, Re-plat lot 8.  Fairway Meadows, Inc., owner.  James R. Jeffries, surveyor with waiver requests.

 

                        Pat Smith – Yes                                    Mike Morgan - Yes      

                        Mike Caruthers – Yes               David Piest– Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                        Carl Freiling - Yes                    

                       

Motion to approve plat with waiver requests carries.        7  Yes

 

 

 

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

 

 

4.       Field Point.  S14-T46N-R13W.  Eugene Busteed and Linda Hancik, owners.  Mathew P. Thomas, surveyor.

 

The following staff report was entered in to the record:

 

The property is located on the west side of Wren School Road approximately ¼ mile north of Calvin Road.

 

The property has frontage on and access to Wren School Road.  Right of way sufficient to provide a 33-foot 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 this area.  There is a 2-inch waterline along the west side of Wren School Road that can be tapped for service.

 

An on-site wastewater system will be used for sewage disposal.  The applicant has submitted a request to waive the requirement to provide a wastewater cost-benefit analysis.

 

The lot does not meet the minimum lot depth requirement of 250’.  The Board of Adjustment granted a variance to this requirement in September 2002.

 

The property scored 21 points on the rating system.

 

Staff recommends approval of the plat and waiver requests.

 

 

      Commissioner Caruthers made and Commissioner Heitkamp seconded a motion to approve the plat of Field Point.  S14-T46N-R13W.  Eugene Busteed and Linda Hancik, owners.  Mathew P. Thomas, surveyor with waiver requests.

 

 

                        Pat Smith – Yes                                    Mike Morgan - Yes      

                        Mike Caruthers – Yes               David Piest– Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                        Carl Freiling - Yes                    

                       

Motion to approve plat with waiver requests carries.        7  Yes

 

 

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

 

 

 

5.       Di Dan.  S21-T47N-R13W.  Di Dan Properties, LLC, owner.  C. Stephan Heying, surveyor.

 

The following staff report was entered in to the record:

 

This 2 lot minor plat is located at the immediate southeast corner of the intersection of Woodie Proctor Road and Smith Hatchery Road. The site is approximately 3 miles south of the municipal limits of the City of Columbia. The area being subdivided contains 7.10-acres. The property is zoned A-2 (agriculture) which was rezoned from A-1 (agriculture) in October of 2000. All the surrounding property to the north, west, and south is zoned A-1. Property to the east is zoned A-2. All surrounding zonings are the original 1973 zonings. The property is currently the site of an existing house and on-site lagoon wastewater system which are contained on proposed lot 1. Sewage treatment will be provided by an on-site wastewater systems and an appropriate wastewater plan is in the file. Any on-site wastewater system must meet all County Health Department requirements. The site is in Consolidated Public 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 Columbia School District. A waiver from traffic analysis and a waiver of cost-benefit analysis for central sewage have been requested. Staff concurs with the granting of these waivers. The site is in the Boone County Fire Protection District and Boone Electric Service areas. This plat has 46 points on the point rating scale.

 

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

 

 

      Commissioner Caruthers made and Commissioner Heitkamp seconded a motion to approve the plat of Di Dan.  S21-T47N-R13W.  Di Dan Properties, LLC, owner.  C. Stephan Heying, surveyor with waiver requests.

 

                        Pat Smith – Yes                                    Mike Morgan - Yes      

                        Mike Caruthers – Yes               David Piest– Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                        Carl Freiling - Yes                    

                       

Motion to approve plat with waiver requests carries.        7  Yes

 

 

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

 

 

6.       Lochhead.  S14-T45N-R12W.  Carol and Steve Lochhead and Phillip Andre Bess, owners.  Keith M. Brickey, surveyor.

 

The following staff report was entered in to the record:

 

The property is located on the east side of Westbrook Road approximately ¼ mile north of US 63.

 

The lot has frontage on and access to Westbrook Road, which has an 80-foot wide right of way.  No additional 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 to the property.

 

There is an existing on site wastewater system.  The applicant has submitted a request to waive the requirement to provide a wastewater cost benefit analysis.

 

The property scored 30 points on the rating system.

 

Staff recommends approval of the plat and waiver requests.

 

 

 

      Commissioner Caruthers made and Commissioner Heitkamp seconded a motion to approve the plat of Lochhead.  S14-T45N-R12W.  Carol and Steve Lochhead and Phillip Andre Bess, owners.  Keith M. Brickey, surveyor with waiver requests.

 

                        Pat Smith – Yes                                    Mike Morgan - Yes      

                        Mike Caruthers – Yes               David Piest– Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                        Carl Freiling - Yes                    

                       

Motion to approve plat with waiver requests carries.        7  Yes

 

 

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

 

 

 

 

7.       Smithville.  S13-T49N-R13W.  James D. and Dena Smith, owners.  Ronald G. Lueck, surveyor.

 

The following staff report was entered in to the record:

 

This 2 lot minor plat is located on the west side of State Route VV 1700 feet north of the intersection of Mauller Road and State Route VV, but does not have direct frontage on a public roadway. There is one intervening property between the east edge of the parent tract and State route VV. The site is approximately 1&1/2 miles north of the municipal limits of the City of Columbia. The area being subdivided contains 14.25-acres. The property is zoned R-S (single family residential) as is all the immediately surrounding property. All these zonings are the original 1973 zonings. The property is currently the site of an existing house, garage, barn, shed, and on-site lagoon wastewater system which are contained on proposed lot 2. Sewage treatment will be provided by an on-site wastewater systems and an appropriate wastewater plan is in the file. Any on-site wastewater system must meet all County Health Department requirements. The site is in Consolidated Public 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 Columbia School District. A waiver from traffic analysis and a waiver of cost-benefit analysis for central sewage have been requested. Staff concurs with the granting of these waivers. The site is in the Boone County Fire Protection District and Boone Electric Service areas. Minor plats with all lots of 5-acres and larger can be proposed without direct frontage on a public road provided an access easement for the exclusive use of no more than four tracts is created to provide ingress and egress. Such an easement will be required to be recorded prior to or concurrently with recording of the plat. This plat has 42 points on the point rating scale.

 

Staff recommends approval along with the granting of the waiver requests subject to the following condition.

 

1. That an ingress/egress easement acceptable to the Department Director be recorded prior to or concurrently with the recording of the plat. 

 

      Commissioner Caruthers made and Commissioner Heitkamp seconded a motion to approve the plat of Smithville.  S13-T49N-R13W.  James D. and Dena Smith, owners.  Ronald G. Lueck, surveyor with waiver requests and the following condition:

 

      That an ingress/egress easement acceptable to the Department Director be recorded prior to or concurrently with the recording of the plat.

 

                        Pat Smith – Yes                                    Mike Morgan - Yes      

                        Mike Caruthers – Yes               David Piest– Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                        Carl Freiling - Yes                    

                       

Motion to approve plat with staff recommendations carries.         7  Yes

 

 

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

 

 

8.       Al-Don-Al Acres plat 2.  S32-T46N-R12W.  Bottomline Investments, Inc., owner.  Bill R. Crockett, surveyor. 

 

The following staff report was entered in to the record:

 

This 2 lot re-plat is located on the east side of Albert Road at the immediate northeast corner of Donna Court and Albert Road. Donna Court is platted as road Right-of-Way but is not constructed to county standards. The site is 1000 feet north of the intersection of Albert Road and Christian School Road. The site is approximately 3 miles southwest of the municipal limits of the City of Ashland. The area being subdivided contains 7.82-acres. The site is currently comprised of most of tract G of Al-Don-Al Acres subdivision. A vacation of the current tract G is scheduled for hearing at the County Commission on April 1st 2003. If approved by the County Commission the vacation will not go into effect until the re-plat is recorded. The property is zoned A-2 (agriculture) as is all the immediately surrounding property. All the surrounding zonings are the original 1973 zonings. The property is currently vacant except for a pole structure located within the current and proposed 50- foot building line on proposed lot 1 which requires a variance and an additional variance is required to allow an accessory structure to be on a lot without a primary structure. A Board of Adjustment variance has been requested to allow the structure to remain. If the BOA variance is granted then the structure can remain subject to any conditions imposed by the BOA. If the variance is not approved then the structure must be removed prior to recording of the re-plat. Sewage treatment will be provided by an on-site wastewater systems and an appropriate wastewater plan is in the file. However, the wastewater plan makes the area for possible construction of dwellings on the lots limited and therefore the limits of the areas for construction of a dwelling unit on each lot must be shown on the graphic portion of the plat. Any on-site wastewater system must meet all County Health Department requirements. The site is in Consolidated Public Water District #1. The site is in the Southern Boone School District. A waiver from traffic analysis and a waiver of cost-benefit analysis for central sewage have been requested. Staff concurs with the granting of these waivers. The site is in the Southern Boone County Fire Protection District and Boone Electric Service areas. This plat has 35 points on the point rating scale.

 

Staff recommends approval along with the granting of the waiver requests subject to the following 3 conditions.

 

1.       That the County Commission approve a tentative vacation of the existing portion of tract G to allow for this parcel to be re-platted, such a vacation does not become effective until the re-plat is recorded. Should the vacation not be granted the re-plat approval is void.

2.       That the approval of this re-plat is contingent upon approval of the two Board of Adjustment variances required for compliance with the regulations with respect to the existing structure on proposed lot 1. If the variances are not granted then the existing structure must be removed prior to the re-plat going to both County Commission and the recording of the re-plat. The note on the re-plat indicating a variance has been requested will need to be modified to reflect the date the variances to allow the existing structure to remain were granted or that the existing structure is to be removed.

3.       That the areas for possible allowable construction of dwellings on each lot is to be shown on the graphic since it is significantly limited by the location of the on-site wastewater systems proposed for the re-plat.

 

 

      Commissioner Caruthers made and Commissioner Heitkamp seconded a motion to approve the plat of Al-Don-Al Acres plat 2.  S32-T46N-R12W.  Bottomline Investments, Inc., owner.  Bill R. Crockett, surveyor with waiver requests and the following conditions.

 

           

1.       That the County Commission approve a tentative vacation of the existing portion of tract G to allow for this parcel to be re-platted, such a vacation does not become effective until the re-plat is recorded. Should the vacation not be granted the re-plat approval is void.

2.       That the approval of this re-plat is contingent upon approval of the two Board of Adjustment variances required for compliance with the regulations with respect to the existing structure on proposed lot 1. If the variances are not granted then the existing structure must be removed prior to the re-plat going to both County Commission and the recording of the re-plat. The note on the re-plat indicating a variance has been requested will need to be modified to reflect the date the variances to allow the existing structure to remain were granted or that the existing structure is to be removed.

3.       That the areas for possible allowable construction of dwellings on each lot is to be shown on the graphic since it is significantly limited by the location of the on-site wastewater systems proposed for the re-plat.

 

 

                        Pat Smith – Yes                                    Mike Morgan - Yes      

                        Mike Caruthers – Yes               David Piest– Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                        Carl Freiling - Yes                    

                       

Motion to approve plat with staff recommendations carries.         8  Yes

 

 

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

 

9.       Harper Road Estates.  S11-T51N-R13W.  Edward and Veronica Pollock, owners.  J. Daniel Brush, surveyor.

 

The following staff report was entered in to the record:

 

This 3 lot minor plat is located at the immediate southwest corner of the intersection of Roy Barnes Road and Harper Road. The site is approximately 2&1/4 miles west of the municipal limits of the City of Sturgeon. The area being subdivided contains 9.76-acres out of a parent parcel of an approximately 30-acres. The remainder of the parent parcel that is not being platted is 20.44-acres and therefore does not have to be included as a division of land under the Boone County Subdivision Regulations. The property is zoned A-2 (agriculture) as is all the surrounding property. All surrounding zonings are the original 1973 zonings. The property contained within the area of the proposed plat is vacant. Sewage treatment will be provided by an on-site wastewater systems and an appropriate wastewater plan is in the file. Any on-site wastewater system must meet all County Health Department requirements. The site is in Public Water District #10. Fire hydrants are not required for minor plats containing less than 4 lots, as is the case here. The site is in the Sturgeon School District. A waiver from traffic analysis and a waiver of cost-benefit analysis for central sewage have been requested. Staff concurs with the granting of these waivers. The site is in the Boone County Fire Protection District and Boone Electric Service areas. This plat has 43 points on the point rating scale.

 

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

 

      Commissioner Caruthers made and Commissioner Heitkamp seconded a motion to approve the plat of Harper Road Estates.  S11-T51N-R13W.  Edward and Veronica Pollock, owners.  J. Daniel Brush, surveyor with waiver requests.

 

                        Pat Smith – Yes                                    Mike Morgan - Yes      

                        Mike Caruthers – Yes               David Piest– Yes

                        Mary Sloan – Yes                     Kristen Heitkamp - Yes

                        Carl Freiling - Yes                    

                       

Motion to approve plat with waiver requests carries.        7  Yes

 

 

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

 

NEW BUSINESS

 

Public hearing on proposed revisions to the zoning regulations.

Columbia Township

 

The public hearing was open.

 

Present:

 

Karl Kruse, 2405 Lynwood, Columbia.

Mr. Kruse stated that he owns property in the County on Fox Hollow Road and on Howard Redden Road.  Mr. Kruse presented a letter regarding the proposed sign ordinance.

 

Mr. Kruse congratulated the Commission on finally getting to this; it has been on the table for a long time and it is great to see this issue move forward.  Boone County has some very unique visual and scenic assets.  Having some regulations with respect to signs and billboards as we continue to see growth in the County is a good step in the right direction.  Mr. Kruse stated that he is very pleased with most of the language in the ordinance but has a few suggestions that could strengthen it considerably. 

 

Mr. Kruse stated that he has worked with a lot of communities around the State and in other States as well on helping to draft sign and billboard ordinances.

 

The suggested changes were as follows:

 

Sections 25.4.2.1 through 25.4.3.4- square footage limits.

The 80-square foot limit is reasonable but that much square footage on roads other than Highway 63 and Interstate 70 may not be necessary.  Sign ordinances typically will scale down the size and height of signs as the size of the road becomes smaller and the traffic becomes slower.

 

Section 25.5.3 - Maximum allowable sign height limited to 35-feet.

Mr. Kruse stated that it was unclear and appears that any sign can be as high as 35-feet including a wall sign, façade, or parapet signs.  For free standing signs it is reasonable for the big roads, Highway 63 and 70 but there are commercial and industrial districts on roads other than those; a 35-foot sign on highway 163 at the Pierpont store would be unnecessarily tall.  Mr. Kruse suggested 8 to 12 feet.  The signs along Forum Boulevard in Columbia south of Stadium, generally speaking, are in the 8 to 12 foot range in height, they are very visible and very attractive, they do a good job of identifying the business without creating a sense of visual clutter.

 

Section 25.5.6 - Electronic message signs.

In dozens of communities in Missouri, electronic message signs are not allowed at all. Mr. Kruse stated that he doesn’t know if the County has the authority to prohibit them but they probably do.  Mr. Kruse’s letter states that electronic message signs should be prohibited. However, if the County does allow them it seems they could be smaller than the other signs and the message wouldn’t change more than every minute instead of 10 seconds as the ordinance suggests.

 

Section 25.6.1- Billboards

The definition, it defines any sign over 120 square foot as a bill board and allows them to be up to 400 square feet in size.  There seems to be a conflict, the limit may be 80-square feet or 120-square feet but then a bill board is defined as any sign over 400-square feet and they are permitted in all commercial and industrial zones.  A billboard typically in a sign ordinance is defined as a sign that advertises a business or service at some other place, it is not meant to identify the business at that location, it is meant to advertise something somewhere else, it is called an off premise sign as opposed to other business signs which are typically referred to on premise signs.

 

Mr. Kruse stated that Missouri’s law does not allow local governments to prohibit billboards on interstate and primary highways.  In Boone County on Highway 63 and 70, Boone County could not prohibit off premise outdoor advertising signs, that is unfortunate as Missouri is only one of four States where that is the case.  Boone County is permitted to regulate them on these two highways but the County is allowed to prohibit them on all other roads.  It seems that we wouldn’t want to allow off premise advertising signs anywhere other than where we have to under State law.  Secondly, since we have to allow them on interstate 70 and highway 63 given that in November 2000, the citizens of Boone County strongly supported to save our scenery by a margin of 55-percent to 45-percent which would have prohibited all new billboards statewide.  The people have spoken on this issue.  Since we have to permit them we should permit them with fairly strict size and height limitations.  The 35-foot height on those two roads is reasonable up to 400-square feet is bigger than they need to be.  Many billboards in Boone County right now are much smaller than that; they are quite visible.  One option would be to have a standard in terms of the size that would be similar to what the City of Columbia has adopted so as you drive through the corridor over time as non conforming signs come in to compliance we would have a consistent size and design of billboards.

 

Mr. Kruse asked if there was any language of any amortization of non conforming signs.

 

Mr. Yonke stated that there are non-conforming uses which does cover signs.

 

Mr. Kruse asked if there was any schedule to bring them in to compliance.

 

Mr. Yonke stated no.

 

Mr. Kruse stated that is something that the County could do. The City of Columbia is doing that; most communities that adopt billboard ordinances do that.  You give the sign owners a reasonable period of time to recoup their investment then the sign has to be altered to meet the new standards.  Courts have upheld 4 to 7 years generally speaking.  Mr. Kruse stated that Columbia has the most lenient amortization provision he has ever seen.  All the non conforming signs in Columbia have to comply in the year 2007. 

 

Mr. Shawver stated that the next public hearing is scheduled for Monday, March 24, at the Fire Station in Sturgeon.

 

OLD BUSINESS

 

Mr. Shawver informed the Commission of the decisions of the County Commission.

 

The Jolley conditional use permit request which was denied by the Planning and Zoning Commission was appealed by the applicant; the County Commission approved the permit.

 

The C.T. Wilson, Green Valley Rifle Range conditional use permit and rezoning request which was denied by the Planning and Zoning Commission was appealed by the applicant; the County Commission tabled the request and are scheduled to render a decision on that April 1, 2003. The Commission has a work session scheduled on that on Thursday, March 27, 2003 at 10:00 a.m.

 

The Crane rezoning request was approved by the County Commission as recommended.

 

The Nahler rezoning request was approved by the Planning and Zoning Commission and the review plan was denied by the Planning and Zoning Commission; the applicants appealed the decision and took the review plan and incorporated all the staff recommendations on the plan and made a presentation to the County Commission; the County Commission approved both the rezoning request and the review plan with all the recommendations by staff.

 

The Mings request was recommended denial by the Planning and Zoning Commission; the applicants did not appeal the decision and has since submitted an annexation request to the City of Columbia.

 

The Turner rezoning request, review plan, and plat was approved by the County Commission as recommended.

 

The review plan for W.I.T. Enterprises was approved by the County Commission as recommended.

 

The final development plan for Old Plank Village was approved by the County Commission as recommended.

 

 

ADJOURN

 

Being no further business, the meeting was adjourned at 7:50 p.m.      

 

Respectfully submitted,

 

 

 

Mary Sloan,

Secretary

 

Minutes approved on this 17th day of April, 2003.