Thursday, May 17, 2001

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

Present: Michael Caruthers, Vice-Chairman Centralia Township

Mary Sloan, Secretary Rocky Fork Township

Mike Morgan Bourbon Township

Keith Neese Columbia Township

Pat Smith Perche Township

Carl Freiling Cedar Township

David Mink, Director Public Works

Absent: Missouri Township vacant.

Also present: Stan Shawver, Director Paula Evans, Staff

Thad Yonke, Staff

Commissioner Neese made and Commissioner Smith seconded a motion to approve minutes of the April 19, 2001 meeting with no corrections.

Motion passed by acclamation.

Vice-Chairman Caruthers read the procedural statement.













  1. Request by Robert L. Kinkead and Rex L. Kelly to approve a Final Development Plan for a Planned

Light Industrial development on 22.38 acres, located at 7841 E ABC Ln., Columbia.

Planner Thad Yonke gave the staff report stating that this property is located approximately 2 miles east of the Columbia municipal limits on ABC Lane. The subject tract is zoned A-2 (Agriculture). Land to the north of the site is zoned A-2. To the east, north, and, west of the subject tract the zoning is also A-2. These are all original 1973 zonings. Property to the south across I-70 is zoned R-S (residential single-family) with a small pocket of C-G (general commercial) zoning. The R-S is an original 1973 zoning with the small C-G property having been rezoned form the original R-S zoning in 1987. The current use of the property is for a veterinary facility that primarily handles large animals such as cattle. This use was certified by a variance from the Boone County Board of Adjustment in 1986 with the stipulation that no part of the property south of the southerly wall of the veterinary facility building be used for the veterinary use. The applicant has received approval of a rezoning request to rezone to M-LP (Planned Industrial). The applicant also received approval of a review plan subject to 9 conditions. Both approvals occurred on December 12th 2000. The conditions of the approved review plan are noted on the submitted final plan. The total property encompasses 22.38 acres. The approved rezoning will not go into effect until this final plan is approved and signed. This property is located within the Boone Electric service area, the Columbia School District, and the Boone County Fire Protection District. Water service is provided by Consolidated Public Water District No.9. Fire hydrants and waterline upgrades will likely be required in conjunction with the building permit process. An administrative Survey to divide the property into the two lots shown has been submitted and is under review. The Final Development Plan can be made to comply with the approved Review Plan only if the following 5 corrections are made prior to the chairman signing the plan.

Staff recommends approval only if the following 5 corrections are made to the original plan document prior to either the Chairman or Presiding Commissioner signing the plan.

  1. The notation on each proposed tract with regards to the 25’ perimeter buffer and its relation to conditions 2 & 3 of the review plan is contradictory to the actual conditions. This note needs to be reworded to say; "25’ PERIMETER BUFFER TO REMAIN EITHER IN A NATURAL UNDISTURBED CONDITION OR BE LANDSCAPED. REGARDLESS OF WHETHER OR NOT THE BUFFER IS LANDSCAPED OR REMAINS IN A NATURAL UNDISTURBED CONDITION, RED CEDARS MUST BE PLANTED IN COMPLIANCE WITH CONDITION #2. SEE CONDITIONS #2 AND #3."
  2. The signs shown on the final plan must be moved to a location behind the 25’ building line. No part of the sign may extend across the building line. The exact location of each sign must be indicated on the Final Plan.
  3. Since the original of the Final Plan needs modification, that the appropriate information for the Chairman signature block be printed on the document.
  4. That the proposed zoning note be modified to indicate M-LP/PID not "PRD" as this is not a planned residential development.
  5. That it be recognized that even though approved, until the corrected Final Development Plan is signed by the Chairman the zoning still does not change.

Present: Dan Brush, 506 Nichols Street, Columbia

Rex Kelly, 7841 E. ABC Lane, Columbia

Mr. Kelly asked Staff if the 25 foot buffer was to be on the road frontage as well.

Mr. Yonke stated no, the 25-foot buffer is along the north, west and east property lines. That is what was required on it. It is a clarification note, there is a condition that red cedars be planted, there is also a requirement that there be a landscaped buffer if that area is disturbed. Staff merely wanted clarification that it is not an "either, or". The red cedars have to go in as well as the landscape buffer, or left undisturbed. It is just a clarification note on that the cedars are not part of the landscape buffer itself, that is a separate condition. That is all Staff is trying to clarify on that.

Mr. Kelly asked if all staff needed was something in writing from him.

Mr. Yonke stated that the engineer just needs to correct the note.

Mr. Brush stated that as he understood, applicant needed to plant red cedars on the north, east and west side.

Mr. Yonke stated that was correct.

Mr. Kelly asked staff if he was required to do anything else.

Mr. Yonke stated that no new conditions can be placed upon it, this is merely to show compliance with the approved review plan.

Mr. Kelly asked where he was to put the signs.

Mr. Yonke stated that they had to be behind the building line, because they are actually structures, so they have to meet the 25-foot building line. There were no signs on the approved review plan, they were just indicated by note, but they were not physically shown, which is required. That was just clarification as well.

Commissioner Morgan asked if there would be trucks going in and out of there.

Mr. Kelly stated there would be a few trucks coming in, like a dually truck pulling maybe a car or two.

Commissioner Morgan asked if there would be set operating hours.

Mr. Kelly stated that customers would not show up until the day of the sale. Then when it is over, they would leave.

Open to public hearing.

No one spoke in favor of the request.

No one spoke in opposition of the request.

Closed to public hearing.

Commissioner Smith made and Commissioner Morgan seconded a motion to approve with staff recommendations, the request by Robert L. Kinkead and Rex L. Kelly to approve a Final Development Plan for a Planned Light Industrial development, located at 7841 E ABC Ln., Columbia.


Pat Smith Y Mike Morgan Y Carl Freiling Y Mike Caruthers Y

David Mink Y Keith Neese Y

Mary Sloan Y

Motion to approve request carries. 7 Yes





  1. Brookfield Estates, Plat 2. S24-T47N-R13W. A-2. Keith and Chastity Samuel, owners. J. Daniel Brush, surveyor.

Planner Thad Yonke gave the staff report stating that this property is located at the northeast corner of the intersection of State Route N & Bluebird Lane. The site is approximately 3 & 1/2 miles south of the Columbia municipal limits. The subject tract is zoned A-2 (Agriculture) as is all the surrounding property. These are all original 1973 zonings. In November of 1989 and July of 1990 requests were submitted to place a radio tower on this property, both were denied. The property is currently vacant except for a single model home that is under construction. In August of 2000 a rezoning request for A-R/PRD (Agricultural Residential Planned Residential Development), a review plan, and associated preliminary plat were denied by both the P&Z Commission and County Commission. A preliminary plat for the current development was approved in October of 2000. A final plat for Brookfield Estates Plat 1 received approval in April of this year. The current proposed phase, which is Plat 2, contains 10 lots in total on a 28.32-acre portion of the 94.04-acre parent parcel. This property is located within the Boone Electric service area, the Columbia School District, and the Boone County Fire Protection District. Water service is provided by Consolidated Public Water District No.1. The water district engineers have indicated that there is not sufficient water service for fire protection of this development at this time. Water line extensions and up-grades will be required to meet the required fire flow for the development and these will be at the developer’s cost. Water improvements and fire hydrants will need to be installed, approved, and acceptable prior to the plat going to County Commission or recording. Sewage treatment is proposed to be from a central collector wastewater system to be located on proposed lot 11 of Plat 1. This facility will have to be permitted by the state Department of Natural Resources and given to the BCRSD for operation and maintenance. It is our understanding that the sewage system will be a STEP (Septic Tank Effluent Pump) system with a sand-filter type treatment facility. As the sewer is part of Plat 1, Plat 1 will need to be completed prior or concurrently with this plat in order for this plat to be recorded. Roads within this development will be required to be constructed in compliance with county standards and will have to be hard surface. Curb & guttering and sidewalks are not required for this subdivision. The concerns with regards to the lake, dam and stormwater issues of the plats have been addressed by the developer's submission of and approval of plans by the NRCS. A cost estimate was provided with the submittal and is under review, once the appropriate amounts are determined by the County, it may be possible for the developer to bond the sewer and road construction. The Master Plan designates this area as being suitable for agriculture and rural residential land uses. The neighbors and other interested citizens are expressing concerns and questions about the development of this property and staff continues to explain the process and address the questions to the extent available. One of the primary areas of question is with respect to the process after plat approval by the planning and zoning commission and when additional building permits can be obtained for the development. For the benefit of those unfamiliar with the standard process it is outlined as follows. No additional building permits may be issued until the plat is recorded. The plat can not be recorded until it has been taken to the County Commission. The plat can not be taken to the County Commission until all the required infrastructure, both on and off site, is installed, approved and acceptable, or the water infrastructure is completely installed, approved, and acceptable and the sewer and road infrastructure is fully bonded for the total cost of construction. Only after the plat is recorded are the lots created and therefore eligible for sale or construction. The proposal has 58 points on the point rating system.

Since the plat meets the requirements of the subdivision regulations provided the following conditions are complied with, Staff recommends approval.

  1. That it be recognized that the stormwater and erosion control plans and mechanisms agreed to by the NRCS are binding components of the approved plat and must be followed or run the risk of voiding the planning and zoning commission plat approval.
  2. That it be recognized that both the internal and off-site water infrastructure will have to be installed, approved and acceptable before the plat is either taken to County Commission or recorded.
  3. That it be recognized that no additional building permits may be issued for the property until the plat is recorded and the lots are actually created.
  4. If the sewer system is bonded to allow the plat to be recorded prior to the actually complete installation of the sewer system, that no occupancy of any sort will be allowed on any structures until the sewer system is installed, approved, and acceptable to the BCRSD and County.
  5. No bonding of the plat is possible until all the plans for the entire infrastructure are totally approved by the appropriate agency and the Planning Director.

Present: Dan Brush, 506 Nichols, Columbia

Mr. Brush asked staff if condition number 5, regarding the entire infrastructure, only applied to plat 2.

Mr. Yonke stated that yes, each plat is basically separate. These are the exact five conditions placed on plat 1.

Commissioner Mink asked applicant if the existing water tower would be torn down before the plat is finalized.

Mr. Brush stated that it is his understanding that the water district is going to take care of that since it is their water tower. It is not in use at this time.

Commissioner Mink asked staff if that was a requirement, could it be shown on the plat.

Mr. Yonke stated that it was staff’s understanding that the water tower is going to be removed by the water district. Therefore, Staff did not push that it be shown as a structure.

Commissioner Mink stated it is not shown on the site plan.

Mr. Yonke stated that the notch that is out of the plat, that is actually property that is owned by the water district is not the location of the water tower. The water tower is actually within the plat.

Commissioner Mink asked staff if it would be possible to agree to restrict access to lots 15 and 16 to Blake Drive.

Mr. Brush stated that he did not have the ability to agree to that. It was discussed before, but didn’t understand where an additional driveway to lot 15 and 16 was a problem.

Commissioner Mink stated that the driveway access for lot 12 was do-able, but will be kind of tricky.

Mr. Brush stated that lot 12, due to the setbacks from the intersection of the street that are required, it will be set back far enough.

Commissioner Sloan asked staff if Commission approved this, it could not be taken back. Applicant would have no reason to do anything differently.

Mr. Yonke asked if Commissioner Sloan if she were asking more on relation of limiting access to Blue Bird Lane.

Commissioner Sloan stated yes.

Mr. Yonke stated that this issued came up earlier. It has been discussed with the Public Works Department. In the preliminary plat stage, when it was discussed, Staff asked about that and it was not made an issue. The issue was restricting access on to Route N. Which was given on the portion of the lots that did have direct access to Route N. In discussion informally with the Public Works Department at that point, since this is going to be required to be a paved road we anticipate that anyone buying those lots are going to want their driveway access off of the paved road, rather than the gravel road that leads up to a sharp curve and a bad intersection. The buyers will want their drive off of the better road that connects off a better point. That is what was anticipated so staff thought it was relatively a minimal occurrence on that, that is one of the reasons it didn’t get put in to the discussion later. Public Works did comment on that at a later point and staff discussed it back with them. It wasn’t an issue that Staff pushed early.

Commissioner Sloan asked if this was prior to when Commissioner Mink was here.

Mr. Yonke stated probably. As far as the driveway access to the other. All building permits for these lots will have to meet standards for the driveway placement and get a driveway permit. That is a requirement regardless.

Commissioner Sloan stated that at that time Public Works could take care of it.

Mr. Yonke stated yes, Public Works reviews all the driveway permits.

Commissioner Mink asked Staff what guarantees are there that the water tower will be moved and would it be a burden to show that on the final plat.

Mr. Brush stated he could go ahead and put it on the final plat. It is going to be pertaining to the utility easement so it will have the right to be there. Mr. Brush stated he would go ahead and put it on, just in case the water tower is not taken down.

Commissioner Mink asked if he would vacate the easement.

Mr. Brush stated no, there will be water and sewer located there also.

Commissioner Morgan asked if the sewer system was going to be pumping the wastewater to a lagoon.

Mr. Brush stated no, it was going to be a step system. The treatment facility in this case will be a sand filter instead of an aerated lagoon or three-stage lagoon.

Commissioner Sloan made and Vice-Chairman Caruthers seconded a motion to approve with staff recommendations, Brookfield Estates, Plat 2. Keith and Chastity Samuel, owners. J. Daniel Brush, surveyor.

Pat Smith Y Mike Morgan Y Carl Freiling Y Mike Caruthers Y

David Mink Y Keith Neese Y

Mary Sloan Y

Motion to approve plat carries. 7 Yes

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

  1. RNL Acres. S9-T48N-R14W. A-2. Willis and Kathleen Paul and Robert and Lisa Robitaille, owners. J. Daniel Brush, surveyor.

Planner Thad Yonke gave the staff report stating that this property is on the west side of Route O, approximately 1/4 mile south of Interstate 70. The plat consists of two existing lots each developed with a residence and a wastewater system. The purpose of this subdivision is to complete a boundary line adjustment. Both lots have existing access points on to public roads. Lot 1 has direct access to Route O. Lot 2 has direct access to Kings Lane. The right-of-way for Kings Lane meets current standards. Additional right-of-way for Route O will be dedicated by this plat. The result will be a 33-feet half-width right-of-way.

Consolidated Public Water District Number 1 provides water service for these properties. Each home is served by an existing on site wastewater system.

The property served 30 points on the point rating system.

Staff recommends approval of the plat.

Present: Dan Brush, surveyor, 506 Nichols, Columbia


Commissioner Neese made and Commissioner Freiling seconded a motion to approve RNL Acres, Willis and Kathleen Paul and Robert and Lisa Robitaille, owners. J. Daniel Brush, surveyor.


Pat Smith Y Mike Morgan Y Carl Freiling Y Mike Caruthers Y

David Mink Y Keith Neese Y

Mary Sloan Y

Motion to approve plat carries. 7 Yes


Director, Stan Shawver stated that the Conditional Use Permit for Faye Nowell was approved by the County Commission.



  1. Elect new Chairperson.

Boone County Commission By-Laws provide that any vacancy in a Planning and Zoning Commission Office seat be filled immediately. Keith Kirkpatrick’s term on the Planning and Zoning Commission expired and the Chairperson’s seat was vacated.

This does not change the fact that the annual election is scheduled for July 2001. The seat would only be filled for an interim period until the July election.

Commissioner Morgan made and Commissioner Neese seconded a nomination for Commissioner Smith to fill the seat of Chairperson.

Nomination approved by acclimation.

The new Chairperson for the Planning and Zoning Commission is Pat Smith.


Being no further business, the meeting was adjourned at 7:35 p.m.

Respectfully submitted,



Mary Sloan


Minutes approved on this ______th, day of June, 2001.