Thursday, April 15, 1999

Chairperson Kirkpatrick called the meeting to order at 7:00 p.m., with a quorum present. Roll Call was taken by Acting Secretary Fugit.

Present: Keith Kirkpatrick, Chairperson Missouri Township

Darin Fugit, Vice-Chairperson Columbia Township

James Green Cedar Township

Bill Grace Centralia Township

Mike Morgan Bourbon Township

Frank Abart Public Works Director

Pat Smith Perche Township arrived at 7:03 p.m.

Absent: Mary Sloan, Secretary Rocky Fork Township

Also present: Stan Shawver, Director Thad Yonke, Staff

Bill Florea, Staff Noel Boyt, Staff

Commissioner Morgan made and Commissioner Green seconded a motion to approve the minutes of March 18, 1999, meeting with no corrections.

Motion passed by acclimation.

Chairman read procedural statement.



Request by Joseph and Corinne Remeika for a conditional use permit for a duplex in the

R-S zoning district, located at 5357 Bearfield Rd., Columbia

(this is an existing duplex that was built prior to zoning regulations).

Bill Florea gave staff report stating that this property is located on Bearfield Road approximately ½ mile south of Columbia. The property is zoned R-S (Single Family Residential), as is all of the adjacent property. The applicants are requesting a conditional use permit for a duplex, which will eliminate a nonconforming land use. The structure on this property was built prior to the adoption of zoning regulations. When it was built, it was used as a tri-plex, which has been nonconforming since zoning came into effect. The applicants have converted the structure into a duplex, which is still a nonconforming use. The regulations permit a duplex in the R-S district with a conditional use permit. Approval of this request will make the present use a conforming use and permit the applicants to obtain a building permit to add on to the structure. This property is located within the Columbia school district, Boone Electric service area and Consolidated Water District service area. There have been no previous requests submitted on behalf of this land. The master plan designates this area as suitable for residential land uses. The proposed use is consistent with the plan. Staff notified 37 property owners about this request.

Joseph Remeika owner, 5357 Bearfield Rd., Columbia came forward. He said they wanted to add to their residence consisting of a garage, and study. It is a two-story duplex, where they live in the upstairs and the renter lives in the downstairs.

Chairman Kirkpatrick asked how long had they been there? Mr. Remeika said they had been there since 1973 as a renter then purchased the property in 1979.

Open to public hearing. No one spoke in favor or opposition to the request. Closed to public hearing.

Chairman Kirkpatrick stated that it was a housekeeping issue to comply with regulations.

Chairman Kirkpatrick asked if staff had received any negative or positive feedback? Mr. Florea said no.

Commissioner Smith made and Commissioner Morgan seconded a motion to approve the CUP request by Joseph and Corinne Remeika for a duplex in the R-S zoning district, located at 5357 Bearfield Rd., Columbia.

Pat Smith yes Mike Morgan yes

Keith Kirkpatrick yes Darin Fugit yes

Bill Grace yes Jim Green yes

Frank Abart yes

Motion to approve CUP was unanimous. 7 yes



Request by Clifford and Alma Inscore to rezone from A-1 (Agriculture) to A-2

(Agriculture) of 20 acres, more or less, located at 13800 N Robinson Rd., Hallsville.

Thad Yonke gave staff report stating that this site is located on Robinson Road approximately ¼ mile south of the intersection of State Highway 124 and Robinson Road, which is 3.5 miles west of Hallsville and 2.5 miles east of Highway 63. This 20 acre tract is zoned A-1 (Agriculture). Property to the east and south are also zoned A-1. Land to the north and west is zoned A-2. This request is to rezone the land to A-2 so that it may be subdivided for development. The land has been used for agricultural purposes and was originally part of an 80-acre farm. This site is within the Hallsville School District, Boone Electric Co-op service area and is in Public Water District No. 4 service area. There is a 2-inch water line along Robinson Road, which is fed from a 3-inch water line on Highway 124. The water line will restrict development of this site until the Water District is able to complete a system upgrade to an 8-inch line sometime within the next two years. In February 1997, the applicant requested and received rezoning approval to change the 15.83-acre tract to the north from A-1 to A-2. The 1996 Master Plan designates this area as being best suited for agriculture and rural residential land uses. The proposed use is consistent with the plan. Staff notified 15 property owners concerning this request.

Cliff Inscore 2300 E Hwy 124, Hallsville addressed the commission. He said he had approximately 20 acres off Robinson Road. On the west side there is farm land that is already zoned A-2 belonging to Walter Gerau; there is a house on the west side of the property, and on the north there are three (3) lots that is zoned A-2. He would like to sell more of the smaller lots.

Open to public hearing. No one spoke in favor to the request.

Jerry Kaufman, Sr., is building on a five (5) acre plot he purchased from Mr. Inscore a year or so ago. He bought it and understood everything would be at least five (5) acres. He wants the "guy" next to him to have five (5) acres. He opposed the request because he did not want the tracts to be 2.5 acres.

Mark Skjei, 13899 N Robinson Road, who lives across the street, came forward. He was concerned that the way the property sloped, the lagoons would be along Robinson Road, right out his front door.

Corey Mesenbrink, 13901 N Robinson Road, came forward. He said he had the same points about the lagoon problem. He was opposed to request.

Closed to public hearing.

Mr. Inscore came back to address the neighbors concerns. He felt it was up to the Planning & Zoning to where the lagoons would be placed. He did not have any control over that. Mr. Yonke stated it was the Health Department (Environmental Health Services) that made those requirements.

Mr. Inscore stated that he would be giving up 5 acres plus 33’ frontage he would have to give up in order to get the lots platted. This would be in case the road was ever widened. Mr. Inscore said, "He had no desire to go to a 2.5 acre plot".

Chairman Kirkpatrick stated that in 1997 when Mr. Inscore had another rezoning request, the Commission asked him about the 65 acres remaining. The question was asked to him directly if he would be doing any more rezoning. Chairman Kirkpatrick read Mr. Inscore’s response from the 1997 minutes stating, no, he did not intend to do that and would kept the remainder in farmland. Mr. Inscore said that since that time his health has drastically changed and he wants to sell the lots down through there and which would leave him with a straight fence line. He can not get out and cut a fence row like he used to.

Chairman Kirkpatrick asked if Mr. Inscore intended to do any more rezoning with the approximately 50 acres remaining? Mr. Inscore said his family upon his death would inherit the land.

Commissioner Abart stated it did not appear to be spot zoning. He understood the concerns of the neighbors but the Health Dept governed the lagoons.

Mr. Yonke spoke up and advised that even if the tracts were 10 acres lots (current zoning) the lagoon could be placed in exactly the same place because of the same Environmental Health requirements.

Commissioner Morgan asked Mr. Inscore if the road was ditched? Mr. Inscore said Robinson Road was ditched on the side. The county keeps it up and it was ditched on his side of the road.

Chairman Kirkpatrick asked if the three- (3) original lots were sold? Mr. Inscore said yes they were.

Commissioner Grace asked what was use of the ground right now? Was it grass, hay, or farm, or planted crops on it? Mr. Inscore said it had been a problem. A few years ago he had leased the land. It had grass on the lots but the guy plowed up some of it and put it in soybeans, wheat.

Commissioner Grace said he could not see a reason not to approve the request so to move along he made a motion.

Commissioner Grace made and Commissioner Green seconded a motion to approve request by Clifford and Alma Inscore to rezone from A-1 (Agriculture) to A-2 (Agriculture) of 20 acres, more or less, located at 13800 N Robinson Rd., Hallsville.

Bill Grace yes Jim Green yes

Keith Kirkpatrick NO Mike Morgan NO

Darin Fugit NO Pat Smith yes

Frank Abart yes

Motion to approve request passed. 4 yes 3 NO





Tower Industrial Park. M-LP. S 19-T49N-R12W. W. Craig and Michelle Simon,

owners. Nathan D. Lacy, surveyor.

Thad Yonke gave staff report -(Final Plat)- This proposal is for a 6 lot final plat, which includes the creation of a new county road. This new road will actually be an extension of Tower Drive. The site is located north of the Columbia City Limits on the north side of Prathersville Road and approximately one-quarter mile west of Highway 63 North’s Prathersville interchange. The property is currently zoned R-M (Moderate Density Residential) which is the original 1973 zoning. A ML-P (Planned Light Industrial) request for this property has received tentative approval pending a Final Plan submission and approval. Adjacent zoning to the north, south, and west is R-M, which are also original 1973 zonings. Zoning to the east is C-GP (Planned General Commercial) which was rezoned from R-M in 1994. The plat contains 39.19 acres. It is within the Columbia School District. The extension of Tower Drive will need to be built to county commercial road standards. The City of Columbia will provide water service. Since sewer and water service will be from the City of Columbia; a pre-annexation agreement requiring the meeting of all city standards will be required. Additionally, the city has indicated that the 6" watermain in the area will need to be upgraded to provide the proper amount of water for the development. The NRCS has some concerns on the stormwater run-off and erosion potential for lots 1 & 2 and an erosion control & stormwater plan should be submitted along with the final plan. A traffic analysis has been provided with the submittal. The study indicates traffic increases in the area for build out conditions. Public Works will assess any off-site improvements or additional impacts for which the developer will be responsible. The proposal rates 71 points on the point rating scale.

Staff recommends approval of the final plat subject to the following condition:

Ron Shy, Allstate Consultants, P.C., 3312 Lemone Industrial Blvd. Columbia. He was representing Craig and Michelle Simon. The City is currently reviewing the utility plans with regards to this project. He had not received their comments back. A draft annexation agreement had been received with regard that the applicant has to annex when the time comes because of the connection to the City Sewer.

Commissioner Abart confirmed that he felt comfortable with staff recommendations.

Commissioner Abart made and Commissioner Smith seconded motion to approve Tower Industrial Park with staff recommendations.

Frank Abart yes Pat Smith yes

Keith Kirkpatrick yes Darin Fugit yes

Bill Grace yes Jim Green yes

Mike Morgan yes

Motion to approve was unanimous. 7 yes


Director Shawver gave report on items from the March 18, 199 Planning and Zoning meeting that went to County Commission on March 30, 1999.

P & Z recommendation to approve.





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

Respectfully submitted,





Darin Fugit

Acting Secretary

Minutes approved on this 20th, day of May, 1999.