Thursday, December 20, 2001

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

Present: Pat Smith, Chairperson Perche Township

Michael Caruthers, Vice-Chairman Centralia Township

Mike Morgan Bourbon Township

Keith Neese Columbia Township

Carl Freiling Cedar Township

Kristen Heitkamp Missouri Township

David Mink, Director Public Works

Absent: Mary Sloan, Secretary Rocky Fork Township

Also present: Stan Shawver, Director Bill Florea, Staff

Thad Yonke, Staff Paula Evans, Staff

The minutes of the November 15, 2001 were approved with no corrections.

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 one conditional use permit, two rezoning requests, a review plan for a planned development and one subdivision plat.

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

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.

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

After those opposed to the request have had a chance to speak, the applicant will have an opportunity 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 Thursday, January 3rd. 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 (December 27th). The county commission hearing scheduled for Thursday, January 3rd, will begin at 7:00 p.m. and will convene in this same room.




  1. Request by Jim Hayes and Dean Mayfield on behalf of Bo Nagai for a permit for a massage parlor

located at 5207 Hwy 763 North, Columbia.

Planner, Thad Yonke gave staff report stating that this property is located generally north the City of Columbia limits. The site is immediately west of a portion of land that has been annexed into the City. The site is approximately 1/4 mile north of the intersection of Brown School Road and Highway 763. The tract is 2.33 acres. The property is zoned C-G (general commercial). It was rezoned from R-S (residential single-family) in 1995. Land to the north is zoned C-G and was also rezoned from R-S in 1975. Land to the west and south is zoned predominantly R-S and is developed as part of Shalimar Gardens residential subdivision. There is some commercial property mixed into the subdivision that is utilized by the modular home sales operation associated with Shalimar Gardens. This was also rezoned in 1975. Land to the east across 763 has been annexed into the city. The property currently contains a house, garage, and sheds. A building permit to convert the house into a commercial structure was taken out a few years ago but the conversion was not legally completed, then a permit to return the house to a residential structure was taken out which also was not legally completed. The structure currently does not have an occupancy permit for any use. After disposition of this hearing a permit will have to be taken out to bring the structure into compliance with county ordinances. This request is for a conditional use permit to operate a massage parlor/spa on the property. The planning office has received a number of complaints about the operation of a massage parlor on the property over the last few years both under the current and previous owners. Granting of a CUP would make the use legal at this location. The planning department file on this property is hereby made part of the formal record of this hearing.

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

1. 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.

2. 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.

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

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

5. 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.

6. 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.

7. 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.

The staff has concerns related to criteria 1,2, & 7. Based upon the complaints received in the past from alleged massage parlor/spa activities conducted at the site staff feels it will be difficult for this request to meet all the 7 criteria. We have received complaints that clients of the operations on the property have been wandering the adjoining residential property disturbing the residents. This concern is related to criteria 1 & 2 as some of these incidents have been in the evening and late at night. With respect to criteria 7, there is an existing massage parlor operating in compliance with the zoning ordinance slightly to the north and east of the property of this request, across Highway 763, and so there is no public necessity for the proposed facility at this location, as any potential need should be already adequately served for the area. The existing massage parlor is buffered from the bulk of the residential uses in the area by Highway 763. Staff notified 92 property owners about this request.

Staff recommends denial of the permit, as it seems to be questionable that the request can meet CUP criteria 1,2, & 7. Should the commission decide to grant the CUP then the following conditions will be required to lessen impacts of the CUP.

Present: Jim Hayes, property owner, 12585 W. Highway EE, Rocheport.

Mr. Hayes stated he wished Ms. Nagai were here so she could explain her business to the Commission. She doesn’t run what you would call a massage parlor, that is not her business. Her sister works part time and has a massage therapy license. Mr. Hayes stated he understands what Mr. Yonke had stated in his report, there were problems with the previous owner. Ms. Nagai has been there and Ms. Hait for about a year and didn’t realize they were operating illegally. Some of the permits Mr. Yonke mentioned were taken out by the previous owner. Mr. Hayes stated that he had went in and did a lot of remodeling work. The property is kept up and he is sure that any of the residents that have been there for the last year will say that there have been no problems at this site. There is no one wandering aimlessly about the area. Mr. Hayes stated he wouldn't like that and wouldn't go for that himself.

Mr. Hayes stated that Ms. Nagai is going to school for her massage license; she lives there with her eighty-year-old mother. Mr. Hayes stated what he would like to get across is this is not a massage business. Unfortunately, it falls under those regulations, but this is not what she is doing there. Other than that, Mr. Hayes stated he does not know what else he can say, as the actual business operator isn’t present.

Commissioner Smith stated that it is unfortunate that she is not here, because a lot of the questions that the Commission has to ask have to do with the operation and the kind of business. If Mr. Hayes can't address those questions, it is going to be difficult to approve the request.

Mr. Hayes stated he understood. Mr. Hayes stated he saw Ms. Nagai today, she is Korean and her sister is Korean. They are not very good with the English language. Mr. Hayes stated he tried to explain to them where they were going to be, because they needed to be here. Mr. Hayes stated he can't imagine what has happened to them.

Commissioner Smith asked applicant how long he has owned the property.

Mr. Hayes stated since July of last year or the year before.

Commissioner Smith asked if Ms. Nagai has been there for a year.

Mr. Hayes stated yes.

Mr. Hayes stated regarding the sign that was put up, Ms. Nagai wasn't aware that a permit was needed, nor was Mr. Hayes. He is from Cooper County and applicants didn't need a permit and wasn't aware that to do inside work that you needed a permit. The applicants remodeled bathrooms and things like that, Mr. Yonke has seen the work applicants have done.

Commissioner Smith stated that when applicants bought the property a year and a half ago, was applicant's intention to rent it out.

Mr. Hayes stated yes. Things are expanding up there.

Commissioner Smith asked if the applicant bought it for this type of business, or saw it as an opportunity.

Mr. Hayes stated yes.

Commissioner Caruthers asked applicant when he purchased this property from the previous owner, what was the level of disclosure involved.

Mr. Hayes stated there was no disclosure from the previous owner, he bought it at a foreclosure. Applicants knew that it had a bad reputation before, because he had seen the previous owner. Applicant's are not here to operate like that and wouldn't let tenants have people over that would be out wandering people's yards.

Commissioner Caruthers asked if the previous owner had disclosed to applicant that they had not completed the work that they had proposed to do.

Mr. Hayes stated no, applicants were not aware that you needed a permit, but they could see that there needed to be work. Mr. Hayes had an electric company to do all the electrical work. Mr. Hayes showed the electric company a sheet of things that needed to be fixed and they got all of that fixed. Mr. Yonke saw the amount of work that applicants had done out there. These people are Korean and they don't operate the same way as what you are thinking as a massage parlor. They don't do that. It is a different situation. It is not what people have in mind that has been become known as a massage parlor. But Ms. Haid does work there and does have a massage therapy license.

Commissioner Smith stated that she noticed the sign said day spa. One of the questions Commissioner Smith stated she was going to ask Ms. Nagai is what that meant. Is the business only opened in the day? Commissioner Smith stated she needed to know a little more about the nature of the business.

Mr. Hayes stated that he knew Ms. Nagai had a jacuzzi and sauna in there. But he can't explain exactly that part of it. Mr. Hayes stated he is sorry that she is not here. There has got to be some problem why she is not here because applicants have been waiting for this for a while.

Mr. Hayes asked the Commission if Ms. Nagai does come, could she be heard.

Commissioner stated she could if she showed up during the course of this discussion.

Open to Public Hearing.

No one spoke in favor of the request.

In opposition:

Present: Kimberlee Buxton, 5080 N. Burning Bush, Columbia.

Ms. Buxton stated her home is directly behind the property in question on the west side. The fence is no barrier. Ms. Buxton stated she has five teenage children. As far as people not wandering the property, Ms. Buxton stated she doesn't know how many times that lady (Ms. Nagai) has been on her property to get her dog. Ms. Buxton stated she also operates her own daycare center for small children. Having to explain to parents why this woman is on her property is not an easy thing to do. Shortly before these people took over, there was a shooting at the previous massage parlor. About 2:00 a.m., a woman ran through Ms. Buxton's yard. The next morning the sheriff was looking on Ms. Buxtons property for blood stained clothes. Three weeks ago, her son's car was broken in to, the window was broken and the stereo was stolen. This has never happened before. Ms. Buxton has been there since 1994. There has never been any trouble whatsoever until these massage parlor's started operating. There is traffic in and out of there at all hours of the day and night. Ms. Buxton stated she is forever getting up to see whose loud muffler is in her backyard.

Ms. Buxton stated that when she bought the property, Tiger Fencing was behind her. They left and it has been a nightmare ever since. There are police over there constantly. Ms. Buxton stated that as she said before, this woman has definitely been on her property, there are no barriers. Ms. Buxton stated that she didn't think that the Commission would want their teenage children exposed to this every single day when you live in a residential area. Shalimar Gardens is a nice subdivision.

Commissioner Smith asked Ms. Buxton when she says "exposed to this", exposed to what exactly?

Ms. Buxton stated people in and out at all hours of the day and night. The woman half clothed running through the yard to get her dog, it is tacky. It is not what she wants her children or her daycare business exposed to. It is not why she bought her property. There are no barriers. There used to be a barbed wire fence, Ms. Buxton stated she didn't know if the applicants took it down, but it is down, at least on one corner by Ms. Buxton's shed. That is where Ms. Nagai comes through to get her dog, this is an everyday occurrence.

Larry Benton, owner, Shalimar Gardens, 2900 Chinaberry Drive, Columbia.

Mr. Benton stated he is here to ask the Commission not to grant this Conditional Use Permit. Mr. Benton stated that he thinks that almost everyone knows that you don't go to a massage parlor for a massage. If you don't know that, then all you need to do is look at their advertisement in the paper.

Mr. Benton submitted a newspaper advertisement for Sakura Spa.

Mr. Benton stated that this advertisement is in the paper everyday. Mr. Benton read the advertisement: "Special, $10.00 off per hour, beautiful Asian girls, Japanese style steam bath, body shampoo, etcetera." Mr. Benton stated that if you are there to get a massage, why would you care if they were beautiful or not?

Mr. Benton stated that he believes approving this will certainly be detrimental to his business, for one, because he wants to develop more properties in there. He has received a lot of complaints about the massage parlor from people in the community now. He believes it would hurt future development and thinks he owes it to the people he sold lots to, for him to come forward and be against it also. There are people that walk around, the spa gets pretty busy during the noon hour and sometimes while they are waiting for their turn, the clients come over and look at their homes, they wander around the Benton property.

Commissioner Smith asked Mr. Benton if he has ever talked to the people, asked them what they are doing?

Mr. Benton stated that as a matter of fact, he has talked to them, and they are not interested in buying the homes. Mr. Benton noticed that they go back over to the spa.

Commissioner Smith asked if he knew for a fact that these are people from there.

Mr. Benton stated yes, he watched them go back over there. Mr. Benton stated that this Conditional Use Permit would hurt not only the Bentons, but all the people in that area of town.

Julie Fairchild, 5111 Burning Bush, Columbia.

Ms. Fairchild stated they live across the street from the Buxton property. Ms. Fairchild stated she would like to speak in opposition based on the first three conditions. Does she feel this endangers her safety, her well being and comfort, Ms. Fairchild stated absolutely. Three weeks ago at 3:40 a.m., someone pounded on her door. That has never happened before. She looked outside, and saw a shadow and that was very scary. Ms. Fairchild stated she sees people wandering around, that is also very scary. In that manner, it also speaks of condition 2 regarding the injurious and enjoyment of her property. Ms. Fairchild stated she is not enjoying her property and is not proud to tell people where she lives. Flashing lights in the front yard. Maybe that is not bothering some people, but it does bother Ms. Fairchild. It impairs her property values and the existing property values of her neighbors.

Ms. Fairchild stated being serious; you know what a massage parlor is. Ms. Fairchild stated that she has friends that are nurse therapists who massage people, it is totally different. Ms. Fairchild stated that she does feel in danger and does not feel safe and also feels that her property value has diminished, therefore, Ms. Fairchild asks that the Commission turn down the request.

Leatha Holton, 5001 Almond Lane, Columbia.

Ms. Holton stated that when the new business first opened up, she was a little surprised because of the sign. Ms. Holton stated she was not particularly aware because of where she lives that it was a massage parlor previously. It became very apparent with the big sign that is in the yard now and truthfully, Ms. Holton took the attitude that there is nothing she could do because it is a business, there was a business there before, Tiger Fencing. One of the big reasons she decided to come this evening is because she found out that this business has been operating illegally. Ms. Holton was concerned that the business was operating and that people were opposed to the business operating, but it was continued to be allowed to be in business. Ms. Holton questions why nothing was done prior to now as far as a rezoning request. Ms. Holton asked if that could be addressed.

Commissioner Smith stated to staff that they had somewhat covered that in the staff report.

Mr. Yonke stated he could address that now or later if the Commission preferred.

Ms. Holton stated it could be addressed later, but knows that it was brought to the Commission's attention on numerous occasions that they apparently weren't in compliance. As far as the property value, Ms. Holton thinks over the last several years one of the things Ms. Holton has noticed is that the people in the community have taken great pride in the neighborhood and you see more people doing yard work, planting flowers, the owners are trying to improve the neighborhood, you see a lot of pride. The Bentons have done a lot of improvements around the area and have put houses on the back .

side of the lake. It is becoming a very nice and desirable neighborhood. It is embarrassing to Ms. Holton because this is not the only massage parlor on this road. This is the third. People ask her where she lives; she has to tell them that she lives on the road with all the massage parlors on it. Eventually, Ms. Holton stated, she and her husband would like to sell their property and move but are concerned about property value. If massage parlors continue to be placed on this road, it can't have a positive effect on the value of the property.

Ms. Holton stated that as far as safety, with the increased number of houses and massage parlors on the road, it does make her feel a little more uneasy. She wonders what people are going to be running through the neighborhoods now, because you do hear the other neighbors talking that live closer to this house and they have had problems. It does make you feel uneasy, knowing that you don't know what is out there.

Ronda Benton, 5021 Lotus Loop, Columbia

Ms. Benton stated she is the Secretary of the Home Owners Association of Shalimar Gardens. The Home Owners have put together a petition requesting the Commission find that there is not a public necessity for the Conditional Use Permit. The Home Owners have stated the reason they feel this way. Seventy-five people have signed from the subdivision and surrounding area.

Ms. Benton stated that in Section 15.A of the Planning and Building Zoning regulations, it states "before authorizing the issuance of such a conditional use permit. The County Commission shall satisfy itself that the establishment of the conditional use permit will not be detrimental to or endanger the public health safety, comfort or general welfare. The Homeowners Association feels that the massage parlor would be detrimental and endanger the public health, safety, and comfort of their members. There are people parking in the subdivision and walking over to the massage parlor. If this is a legitimate establishment, then why do clients feel they have to hide by parking a distance away and walking over to this massage parlor? There are three day cares in the subdivision. Children who like to ride their bikes and play in their backyards. These strangers using the subdivision as their parking spots is a danger to the children. In section 14A, section C, it states the conditional use permit will not substantially diminish or impair property values of existing property in the neighborhood. Having a massage parlor directly beside the subdivision will have impact on the property values. Homeowners trying to sell their homes will have a harder time because those considering the subdivision will see the big neon sign advertising the massage parlor as they enter the subdivision. In section 15.A.E. It states the establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding property for uses. There have already been instances where the subdivision has been associated with the massage parlor and jokes have been made about us living next door to it. On a more personal level, Ms. Benton feels that if Jim Hayes and Gene Mayfield would like a conditional use permit they should move their massage parlor to their neighborhood so that the Shalimar Subdivision can feel safe and secure in their own backyards and when they get ready to sell their homes, they can be rest assured that the homes will not decrease in value. For these reasons, Ms. Benton is requesting that the Commission will find that there is not a public necessity for the conditional use permit.

Deborah Pruitt, 5060 Burning Bush, Columbia.

Ms. Pruitt stated that the bright lights of the massage parlor placed a couple of yards away from the entrance of the subdivision is tacky. Ms. Pruitt stated she lives right next door to the Buxtons. One of the problems they have had is when people drive up in to the business at all hours of the night, the bright lights of the cars shine straight in to Ms. Pruitt's bedroom window. When the Pruitt's have company in their backyard on the deck with children, some children come over in the summertime to play with Ms. Pruitt's children, they are exposed to ill dressed people taking garbage out, or doing whatever they do in the day, at night you don't see them, but during the day there is still some activity. Ms. Pruitt stated she has a husband and she doesn't want him exposed to that. Ms. Pruitt stated she doesn't like what is going on over there and doesn't like it in her backyard. Ms. Pruitt stated she was shocked when she found out what the place was, at first you really couldn't tell what was going on. Ms. Pruitt stated when she moved in to her house she didn’t know it was there, when you drove by the business you couldn’t tell because they didn't have the big bright signs. This massage parlor, Ms. Pruitt stated, is probably the most obnoxious because they have the big bright yellow signs telling everyone that they are there and they don't care if people know what they are doing. Ms. Pruitt stated she is very upset about it and a lot of people are and everything that has been said so far, she is in total agreement. Personally, it is right in her backyard, it effects her company, herself and her home and it is quite tacky.

Ted Boehm, Boone County Sheriff, business address 2222 County Drive, Columbia.

Sheriff Boehm stated he came here tonight to verify what the Commission has been hearing. Sheriff Boehm stated he would leave a report with the staff, it needs to be reviewed in detail. Sheriff Boehm stated he had dates, exact times and why the Boone County Sheriff's department was called to this business. Sheriff Boehm stated he had some statistics that cover the year 1999, 2000, and some numbers from the year 2001.

Sheriff Boehm stated he compared the business at 5207 Highway 763 with another commercial business in the area, the one selected was 5209 Highway 763 to give the Commissioners an example of the difference in calls the Sheriff’s department has received over the last three years in reference to two commercial businesses.

Sheriff Boehm stated these are stats from 1999 and 2000. The number of calls that the Boone County Sheriffs department had received to respond to 5207 Highway 763, the subject tract, was a total of 72 calls. So every month for two years the department was called to this address three times every month for a period of two years. The business right next to it, the department received 8 calls for incidents that occurred at a business right next door. The major incidents during this time period were 25 major incidents. Sheriff Boehm stated he would explain what a major incident is in a minute. The business it was compared to had 1 major incident. The breakdown of a major incident is peace disturbance and trespass persons, when they cause some type of disturbance and the Sheriff’s department was called because of a trespass or a disturbance in progress. At the address 5207 the Sheriffs department received 11 of those calls. The commercial property at 5209 received none. 4 calls were received regarding burglaries; the other business received none. The burglary that the Sheriff’s department responded to involved shots fired in a robbery attempt. There were 2 calls received for assault at the 5207 address. The business at 5209 had none. One of the assaults involved shooting of a victim with a 12-gauge shotgun. Major drug arrests, 3 calls; the other business, none. Search warrants served, where there was reasonable grounds and affidavits that were taken to a court and the court issued search warrants for this particular business, 1 call; the other business, none. There were two prostitution arrests; the other business had none. Two theft calls at 5207; the other business had one. Three weapons were seized during this course of time.

Sheriff Boehm stated that he didn't have the full year statistics for the year 2001. Sheriff Boehm gave the up to date statistics for the year 2001. In June of 2001, check of suspicious subject, someone was on the property that no one knew who it was or where he came from, Sheriff Boehm stated it was probably some of these people that may be parking across and walking a distance to get to the business. October 2001, 2 calls were received for some type of civil matter. October 31, 2001, a disturbance call was received. October 2001, another type of civil matter of some kind. October 22, 2001, a report of a missing or stolen vehicle from that property. September 23, 2001 a larceny/theft. August 20, 2001, a follow-up of a previous incident. July 27, 2001, another theft. March 5, 2001, a burglary call was received.

Sheriff Boehm stated he thinks it is important for him to share this information with the Commission. There is another massage parlor located across the street, the location of the subject business in the proximity of the single family dwelling subdivision is so improper that no one should approve this type of business that close to a residential subdivision. Sheriff Boehm stated he believes with statistics like this these people that live in the subdivision have been victims when they don't deserve to be victims, as well as the businesses that are around there. Like the business Sheriff Boehm took to compare the statistics with. Very few times has he had to go to another commercial business in that vicinity compared to the number of calls the Department has received to respond to this 5207 address.

Commissioner Caruthers asked Sheriff Boehm that without naming names, are the two businesses compared similar entities?

Sheriff Boehm stated no; it is not the same type of business. Sheriff Boehm stated he just picked another commercial type of business in the immediate vicinity.

Commissioner Freiling asked Sheriff Boehm if this is a comparable occurrence to the massage parlor across Highway 763?

Sheriff Boehm stated he didn't bring those stats so is unable to comment. The Department has had their share of problems over the years with these types of businesses in the Prathersville area. The Sheriff’s department has had drug problems, and prostitution problems, gun problems, money laundering. The reports Sheriff Boehm submitted will tell the Commission exactly what time of day it is and what day. The statistics speak for themselves.

Tonya Benton, 5241 Burning Bush, Columbia.

Ms. Benton stated she is the Chief Financial Officer for Benton Homes. Her home is located in the back part of the subdivision so she is not right next to the property in question. Ms. Benton stated that a lawyer had asked her if she checked out the Sakura massage parlor yet. An insurance agent asked her how she liked having a massage parlor for a neighbor. Ms. Benton stated it is obvious to her that the community knows this place as a massage parlor. Ms. Benton stated that she has seen on several occasions, women coming out of the house in the front yard to walk their dogs and the women are wearing slinky lingerie in the middle of the day; it is inappropriate for the neighborhood. There are many kids in the subdivision that ride their bikes up to Benton Homes to use the soda machine, she doesn't know if the children have seen this but it is possible that they could have.

Ms. Benton stated that before she came here tonight she checked the internet and put in the address of Sakura and came up with the Tribune's October 1999 report of a shooting that happened at that location. She put in Sakura spa and it came up with a world sex site showing that sex is available in Columbia at the Sakura spa on Rangeline. This is something the Commissioners can check themselves online and you will find it.

Closed to Public Hearing.

Present with the applicant: Bo Nagai, 5207 Highway 763, Columbia.

Mr. Hayes asked, regarding the police reports, if those statistics were since the year 2000 to 2001, or prior to that. Mr. Hayes stated he would not argue to anything prior to that, he knows the police were out there all the time. But Mr. Hayes stated he and Ms. Nagai had nothing to do with that.

Commissioner Smith stated it includes up through October 2001. It includes 1999, 2000 and 2001 and it is broken down by years.

Mr. Hayes stated he and Ms. Nagai were not aware there were any police out there, as a matter of fact, there has never been any Sheriff’s out there.

Ms. Nagai stated that she doesn't speak the English language very well. There were never police there. Ms. Nagai stated she lives there with her mother and two dogs. Her mother is 80-years old and Ms. Nagai is 49-years old. Ms. Nagai stated she heard something regarding laundry and doesn't understand. She and her mother live there with the two dogs. Ms. Nagai stated she keeps hearing massage parlor, and that bothers her. She just moved there and it was really bad with beer bottles and such. Ms. Nagai stated she worked hard to clean up, it is her house and she lives in it and wants to make it a nice place and it is quiet.

Ms. Nagai stated that Sakura is a Japanese flower. Her mother is from Japan. Ms. Nagai stated she does not know what to explain to the Commission. If she is doing something wrong, she wished the Commission would tell her so. Ms. Nagai stated she can do better or fix what needs to be fixed, but no one has told her anything. One of the women earlier stated something about wearing something for the kids. Behind the building there are a lot of bushes and big trees, you can't see anything there. Ms. Nagai stated they cleaned up the yard, Mr. Hayes' uncle, and his father every week will come and clean up the whole yard and try to fix the fence. Ms. Nagai stated she spent her money to try to fix the fence and doesn't bother anyone.

Ms. Nagai stated that on one side of the business is a truck stop they are only there in the daytime working. At night there is no one there. The other side is the mobile home sales place. Ms. Nagai stated she doesn't bother anyone and no one bothers her place. She doesn't know who is living there, she never goes out. Ms. Nagai stated that sometimes she goes out to check the mailbox and her mother likes to garden outside. Her mother has tried to plant a vegetable garden.

Mr. Hayes stated they would like to be a good neighbor, if there is a fence they can put up or something to make it better.

Ms. Nagai stated that she had heard that the place was really bad before, she sees bad things there too. Ms. Nagai stated that her sister has a massage license, she has a certificate. Ms. Nagai stated that her mother has diabetes really bad and high blood pressure, Ms. Nagai stated that she needs to relax and can't work hard. Ms. Nagai stated that her sister has a license for massage therapy and had a business there. But Ms. Nagai has a different business, she can't work hard, maybe she is still young but is 49-years old and can show her driver’s license.

Commissioner Smith asked who does the advertising for Ms. Nagai and asks what Ms. Nagai does for a living.

Ms. Nagai stated she runs a day spa, they have a jacuzzi, sauna, tables that have vibration and a massage mat and chair. Ms. Nagai stated she spent a lot of money and that is how she charges for it.

Commissioner Smith asked who does the advertising, who put the ad in the Tribune and who put the advertisement on the internet.

Ms. Nagai stated she is not good with computers and can't enter it, she doesn't even know English, how can she enter it?

Commissioner Smith asked if applicants knew who put the ad in the Tribune.

Mr. Hayes stated he didn't even know if the ad was there.

Commissioner Smith stated the ad in the Tribune was legitimate.

Mr. Hayes stated yes he knows, that was put in there.

(Ms. Nagai was speaking with her sister)

Ms. Nagai stated that a lot of people stop by there and she heard about it. There are a lot of people in and out. Now they lock the door outside and she heard about it from them. This place used to be a massage place, drug dealers and all kinds. Ms. Nagai stated she doesn't know and doesn't want to hear that. Ms. Nagai stated they have a double door and at night and it is locked and no one bothers her.

Commissioner Smith asked who did the advertisement in the Tribune.

Ms. Nagai stated that her sister runs the business so she ran the advertisement. After Ms. Nagai took over Mr. Hayes told her she didn't have a license so she can't do that. Mr. Hayes told her to change the massage and things. Mr. Hayes told her she had to have a massage license, Ms. Nagai stated she doesn't have a massage license so she runs a bath house and day spa. Ms. Nagai stated that in Chicago and Dallas her friends do business there. That is how she learned. Ms. Nagai stated she wanted to move here and she has to change her driver’s license to here too. Ms. Nagai stated that she is pretty quiet and the building is so nice so she and her mother decided to live here. That is how she decided and does not understand.

Commissioner Smith asked about the ad in the Tribune.

Mr. Hayes stated that was Ms. Nagai's sister’s ad. She wasn't aware you needed a license from the State to advertise that.

Commissioner Smith asked staff to address Ms. Holton's concern as to why nothing was done prior to this.

Mr. Yonke stated that staff has had an open file on this property for a couple of years and staff does investigations before further action is taken. One of those is to contact the property owners after an investigation and inform them of what the uses are and what process they need to go through in order to either legitimize the use or eliminate the use. Mr. Yonke stated that a letter was sent to the owner a year ago. When the property changed hands, a letter was sent to Mr. Hayes as the new property owner just to find out if the massage parlor was still operating because the staff had received some complaints after the previous owner, which is the bulk of the complaints that are in the file, and indicated that they would need a Conditional Use Permit to operate at that point. Staff expected an application to come in at some point during the year. When staff didn't get an application, another letter was sent in November 2001 and Mr. Hayes did apply at the first available opportunity to come for this hearing. That is what staff has in the file. Other than that, if the applicant had chosen not to apply, the other alternative would have been to prepare a case to the Prosecuting Attorney's Office, get the case to the Prosecuting Attorney's Office and try to get them to make a priority out of it and get it filed. The last case Mr. Yonke got through the Prosecuting Attorney's Office took five years to get them to take it. This is much quicker method of dealing with things, to try and get the property owner to come in and try to bring the property in to compliance.

Mr. Hayes stated the sign says Sakura and he didn't know exactly what that meant.

Ms. Nagai stated that Sakura means a Japanese country flower.

Mr. Hayes stated it isn't advertising a massage parlor, that is not what it means.

Ms. Nagai stated no, not at all. Ms. Nagai stated she doesn't know what a massage parlor means. A lot of people stop by and ask what Sakura means because they don't know. Ms. Nagai stated that they stop and ask if this is "Lynns" but she doesn’t know what that is, but they have a fence like hers, close to town in the same direction, they have a lot of girls working there, maybe 15 or 20, that is what people say.

Commissioner Smith stated there is criteria for a Conditional Use Permit for the business regarding what kind of business they have to look at with these seven conditions.

Commissioner Neese asked how many employees does the business have.

Ms. Nagai stated only herself.

Commissioner Neese stated that is not what the advertisement in the Tribune is saying. It says "beautiful Asian girls" not "girl."

Ms. Nagai stated that it used to be when her sister was running the business, they used to have a masseuse who had a license so a couple of girls were working. But now Ms. Nagai has taken over the place.

Commissioner Neese asked when Ms. Nagai took over the business.

Ms. Nagai stated a month ago, she thinks October 2001.

Commissioner Neese stated he was curious that Mr. Hayes seems to be giving Ms. Nagai advice or a business plan, Commissioner Neese asked who really owns the business. Is it Mr. Hayes or Ms. Nagai?

Ms. Nagai stated she owns the business.

Commissioner Neese stated that Mr. Hayes had given Ms. Nagai advice about how to get a massage license.

Ms. Nagai stated no.

Mr. Hayes stated that when he saw it in the paper, he explained to Ms. Nagai she couldn't advertise massage because she didn't have a license from the State for a massage business

Ms. Nagai stated that this is what Mr. Hayes told her, he gives her ideas. Ms. Nagai stated that she would not do massages, she is not a hand person, it is hard for her. So she doesn't do it.

Commissioner Neese asked whom the people are wandering around the neighborhood, do the applicants have any idea. Who are the people parking over in the Shalimar Garden Subdivision? This was from some testimony that had been given here earlier.

Ms. Nagai stated she didn't understand.

Mr. Hayes stated that Ms. Nagai may not have heard that and explained to Ms. Nagai the earlier testimony that earlier one lady had said that there had been people parking in Shalimar Gardens and walking back and forth to Mr. Benton's place and then back to her business.

Ms. Nagai stated she didn't understand.

Mr. Hayes stated that some people were parking on the other streets and walking over.

Ms. Nagai stated how, there is a sign and a parking lot. Why park in the other streets?

Mr. Hayes stated he wasn't aware of that.

Ms. Nagai stated she didn't understand. Ms. Nagai stated she had two cars. One is her boyfriend's truck and a white Pontiac.

Commissioner Neese asked how many clients the business had in one day.

Ms. Nagai stated three. Right now, she is still working on the house; she is making it a business and living. So she is not doing very good business right now. Ms. Nagai stated she had a communication problem and so she asks Mr. Hayes most of the time.

Commissioner Heitkamp asked Ms. Nagai if she owned the business.

Ms. Nagai stated yes.

Commissioner Heitkamp asked if Ms. Nagai pays the expenses of the business.

Ms. Nagai stated yes.

Commissioner Heitkamp asked if Ms. Nagai was responsible for paying the Tribune every week for the advertisement.

Ms. Nagai stated right now, yes.

Commissioner Caruthers made a motion to deny the conditional use permit request for the massage parlor, specifically siting failure to meet conditions 1, 2, 3, and 7 of the conditional use tests.

Commissioner Neese seconded the motion.


Commissioner Caruthers made and Commissioner Neese seconded a motion to deny request by Jim Hayes and Dean Mayfield on behalf of Bo Nagai for a permit for a massage parlor located at 5207 Hwy 763 North, Columbia.

Pat Smith Yes Mike Morgan Yes

Mike Caruthers Yes Keith Neese Yes Carl Freiling Yes Kristen Heitkamp Yes

David Mink Yes

Motion to deny request carries. 7 Yes

Commissioner Smith stated to the applicants had three working days to file an appeal. If they do so, the matter will go before the County Commission on Thursday, January 3 at 7:00 PM. The applicants will have to be present at that time.

Mr. Yonke stated that is three working days; therefore with the Holidays the deadline to appeal would be December 27, 2001.




  1. Request by Anthony Scott and Beth Sebastion to rezone from A-R (Agriculture Residential) to R-M (Moderate Density Residential) of 1.62 acres, more or less, located at 6650 W Sugar Creek Rd., Columbia.
  2. Planner, Thad Yonke gave staff report stating this property is located one mile west of Columbia near the Highway 40/I-70 interchange. The property is zoned A-R (Agriculture Residential) as is all of the surrounding property. There is a tri-plex on the property that was built in 1971 prior to the adoption of zoning, which makes the structure a nonconforming use. This property is located in the Columbia School District. Electric service is provided by Boone Electric Cooperative. Water service is provided by Consolidated Public Water District No. 1. Wastewater is treated by a septic system. The original zoning for this tract is A-R. The master plan designates this area as being suitable for residential land uses.

    Staff notified 14 property owners about this request. Staff recommends approval.

    Present: Anthony Scott, 6650 W. Sugarcreek, Columbia.

    Beth Sebastian, 6650 W. Sugarcreek, Columbia.

    Mr. Scott stated they did not want to change anything or build anything. They are basically trying to refinance the property and the bank is a little leery of refinancing it, because if it burns down, they can not rebuild another three unit building. It was built as a three-unit building; it wasn't modified in any way.

    Commissioner Smith stated that it is not just a matter of the applicants having plans to change the property.

    Mr. Scott stated no. The zoning is kind of confusing because there are houses in the area. There is a trailer next door and another house next to the road.

    Mrs. Sebastian stated they are single family units next to their property, theirs was built as a tri-plex. Applicants are just trying to conform for insurance purposes, if the building were to burn down, the bank won’t refinance, because they can't rebuild.

    Commissioner Smith asked if there are three units, do the applicants live in one and rent out the other two?

    Mr. Scott stated yes, there are two units upstairs and one down stairs. They live in the downstairs unit.

    Open to public hearing.

    No one spoke in favor of the request.

    In opposition to the request:

    Present: Randy Westveer, 6500 W. Sugarcreek, Columbia.

    Mr. Westveer stated he had a number of reasons for opposing this. When the Westveer's bought the property, they did so to gain some peace, quiet and solitude. If he wanted a potential subdivision in his backyard, he would have bought in town. On the surface, this request appears to be made to bring the tri-plex in line to the zoning ordinance. It is currently grandfathered. In speaking with a representative with the Planning and Zoning Department, he did indicate to Mr. Westveer that if the rezoning is allowed, it would allow the rebuilding of the existing tri-plex or a similar multi-family structure while the current zoning would only allow a single family unit to be rebuilt in the event of a fire or tornado destroying the existing structure. About a year ago, the Westveer's had to call the fire department when a passerby from the Interstate stopped, rang the doorbell and told them the woods behind their house was on fire. Mr. Westveer checked and indeed it was on fire, the flames reaching far in to the sky. Coupled with what is going on now on the property, Mr. Westveer stated he has to question what the ulterior motives are here. Because over the past year or so, the apparent owners of the property have been clear-cutting the land, first with the appearance of doing so for firewood. Mr. Westveer stated he naively accepted this a year ago and figured the stumps were being left due to inexperience of how to cut trees for firewood since they were leaving approximately 2-feet of stump. Mr. Westveer stated he believes he knows why now. In discussing this further with the members of the Planning and Zoning Office, he explained that if this were approved, it would probably make it easier for future parcels of this land to be rezoned. Given the clear cutting that is taking place and the stumps that are being left, which are designed to make it easier for bulldozers to uproot them, Mr. Westveer feels that this is the first step to openly gain rezoning for the entire parcel with the intention of perhaps building several new homes. If this is done, Sugar Creek itself is not designed to handle additional traffic and construction vehicles. The additional traffic would only exacerbate the situation. As he stated before, Mr. Westveer didn't buy out there with the intention of having a development in his backyard. When Mr. Westveer first moved there, he used to be able to watch small herds of deer, turkey and other wild game come in to the yard, in the past year, they haven't seen any of that.

    Commissioner Smith asked Mr. Westveer when he bought his property.

    Mr. Westveer stated December 1995.

    Commissioner Smith asked if that building was there.

    Mr. Westveer stated it was. In addition, Mr. Westveer stated that maybe four to five acres have been clear-cut and stumps left.

    Eileen Westveer, 6500 W. Sugar Creek, Columbia.

    Mrs. Westveer stated the Mr. Westveer is her husband and they live adjacent to the property in question. When they bought there in 1995 the tri-plex was there, but you couldn't see it from their property because there were so many woods, it was not visible unless you got on to the roof of their house. The Westveer's do live right on I-70, so their front yard is basically unusable for entertainment. The backyard is the only place you get any solitude and with the woods being cut down and what the Westveer's anticipate as possible building in the future back there, Mrs. Westveer stated that the solitude in their backyard is in question.

    Linda Thornhill, 1301 Denninghoff Rd, Columbia.

    Ms. Thornhill stated she is here tonight to find out the exact location because she is not clear where the property is located. Ms. Thornhill asked if the property in question was behind the trailers and duplexes that were in the area.

    Mr. Yonke showed Ms. Thornhill an aerial map showing the location of the property.

    Mrs. Sebastian stated that she believed the property that Ms. Thornhill was thinking is their neighbor’s property. Mrs. Sebastian stated it is the brown duplex with a walkout basement. Mrs. Sebastian explained that it was the Westveer’s property, the blue trailer, the white house, then another trailer, and then the duplex

    Ms. Thornhill stated she understood and the roads could not handle anymore traffic if the applicant’s do decide to develop. Until the County decided to upgrade those roads, it would probably hurt if the applicant’s developed more homes in the future.

    Closed to Public Hearing.

    Mr. Scott stated that he only owns 1.62-acres.

    Commissioner Smith asked if Mr. Scott is the one who cut all those trees.

    Mr. Scott stated no, that is their neighbor in back, Blair Johnson. He owns about 15 or 20 acres back there.

    Commissioner Smith asked staff if they knew what that adjoining property is zoned.

    Mr. Yonke stated A-R.

    Mr. Scott stated he agreed with the concerns for traffic, it is a gravel road, there is no means to have a big apartment complex there.

    Mr. Yonke stated the frontage along the creek is zoned A-R, not knowing exactly where we are talking about with the trees, it is either in that A-R portion which is probably a couple hundred feet depth back along Sugar Creek Road, then that is backed up by A-2. So depending upon where the clearing is, it is either A-R or A-2.

    Commissioner Smith stated that the 1.62 acres in question were rezoned, is this amount of density we could expect. How much could they build, could the applicants build a four-plex?

    Mr. Yonke stated yes. The big key in this is that any increase in the development of what they’ve got, they would have to have a central sewer system. There is no central sewer system in this area. If a central sewer system were placed in this area, it would significantly change the character of the area not necessarily from this one as much as the fact that there is adjoining industrial property. If a central sewer system were put in, it would be expected to be developed fairly intensely if it had a sewer.

    Commissioner Freiling asked if this structure were ever burned and had to be rebuilt to meet code, could a code approved septic system be built on this 1.62 acres?

    Mr. Yonke stated he had no idea, that would a question for the Health Department. They approve all subsurface on-site wastewater systems.

    Commissioner Freiling stated obviously it is too small for a lagoon, so it would have to be a subsurface system.

    Mr. Yonke stated that was correct and since the tract is already created, it is not going to run afoul of the subdivision regulations that say to use an onsite wastewater system if you are creating new lots they have to be 2.5 acres or larger. But since the 1.62 acres is a legal lot of record, then it just becomes a matter of practicality as to whether that system will comply with the soil and the current health department requirements that will have to be determined by Gerry Worley.

    Commissioner Freiling asked what the applicants understanding of the zoning.

    Mr. Scott stated they bought it directly from the seller, he financed the whole thing.

    Commissioner Freiling asked if there was no disclosure benefit.

    Mr. Scott stated no, maybe they jumped in a little too quickly. It was applicant’s understanding, from what the owner stated to applicants, everything was grandfathered in. Mr. Scott stated they do have the property insured through Allstate.

    Mrs. Sebastian stated that when they had a home inspection they learned it was not zoned properly. Applicants want to refinance through an institution to try and get away from the owner financing.

    Commissioner Freiling stated that if the home burns down, it pays the bank, not the property owner.

    Mrs. Sebastian stated that was correct.

    Commissioner Freiling stated he was surprised that the lender is concerned.

    Mr. Scott stated that is the reason the bank gave the applicants.

    Commissioner Neese stated that the bank is concerned that is there is a partial loss, the applicants couldn't rebuild.

    Commissioner Freiling stated that they would be left with an unusable building, with insurance insufficient to pay off the debt.

    Commissioner Freiling stated he wanted to address the neighbors. In general, spot rezoning is not something you choose to do, in this situation, it is Commissioner Freiling’s personal feeling that what the Commission is doing is making the zoning conform to the reality without the possibility of it changing in any way, the use of the ground under any circumstance. If the property owners owned more than 1.62 acres and there was an opportunity for a second building and you could provide for adequate sewer, it would be a different circumstance. Commissioner Freiling stated he honestly believes this can be approved without causing the neighbors any disadvantage. Based on that Commissioner Freiling made a motion to approve.


    Commissioner Freiling made and Commissioner Morgan seconded a motion to approve request by Anthony Scott and Beth Sebastion to rezone from A-R (Agriculture Residential) to R-M (Moderate Density Residential) of 1.62 acres, more or less, located at 6650 W Sugar Creek Rd., Columbia.


    Pat Smith Yes Mike Morgan Yes

    Mike Caruthers Yes Keith Neese Yes Carl Freiling Yes Kristen Heitkamp Yes

    David Mink Yes

    Motion to approve request carries. 7 Yes


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

  3. Request by Ross and Natalina Nichols to rezone from R-M (Moderate Density Residential) to M-LP (Planned Industrial) of 5 acres, more or less, located at 1401 E Prathersville Rd., Columbia.


Planner, Bill Florea gave staff report stating that this property is located just north of the Columbia municipal limits. The property is zoned R-M as is property to the north and west. Property to the east is zoned M-LP, and to the south is M-L and R-M. There is a single family dwelling on this property. The property is located in the Columbia School District. Electric service is provided by Boone Electric Cooperative. Water is provided by the City of Columbia. The application indicates that wastewater is treated by an on-site lagoon. There have been no previous requests submitted on behalf of this property. The master plan designates this area as being suitable for residential land uses. Staff notified 51 property owners about this request. The applicants have not filed a review plan, and it should be noted that, if approved, the zoning for this tract will not change until both a review plan and a final development plan are submitted and approved.

In forming their recommendation, staff notes that there is a contractor’s lot adjacent to the site, and that a planned industrial tract is to the east.

Staff recommends approval.

Present: Kellie Sanders, 711 Hulen Drive, Columbia.

Ms. Sanders stated she is here on behalf of her grandmother who is the owner of the property, she has lived there for about 60 years. Her grandfather passed away in June. Since her grandfather died, they had to make a decision, the property is too much for her grandmother to take care of. They will either have to tear down and rebuild the property, which the applicants feel with the surrounding industrial property, that is not a good decision. That is why applicants have requested the rezoning.

Commissioner Smith asked if applicant’s grandmother is going to continue to live there.

Ms. Sanders stated no, she wants to sell it and be closer to her job.

Commissioner Neese asked what the age of the home was.

Ms. Sanders stated her grandfather built it about 55 years ago.

Commissioner Heitkamp asked staff if applicants could rezone to planned industrial without a plan.

Mr. Florea stated yes.

Ms. Sanders stated that what they are hoping will happen, APAC bought the property next to them, they are located right behind the applicant’s property. They are hoping that when they put a "for sale" sign in the yard, APAC will buy. APAC approached Ms. Sanders’ grandfather while he was alive to see if he was interested in selling.

Commissioner Heitkamp stated this would be a favor for the potential buyer if the property were zoned commercial and not residential.

Ms. Sanders stated yes.

Open to Public Hearing

No one spoke in favor of the request.

No one spoke in opposition of the request.

Closed to Public Hearing.


Commissioner Caruthers made and Commissioner Morgan seconded a motion to approve request by Ross and Natalina Nichols to rezone from R-M (Moderate Density Residential) to M-LP (Planned Industrial) of 5 acres, more or less, located at 1401 E Prathersville Rd., Columbia.


Pat Smith Yes Mike Morgan Yes

Mike Caruthers Yes Keith Neese Yes Carl Freiling Yes Kristen Heitkamp Yes

David Mink Yes

Motion to approve request carries. 7 Yes 0 No






  1. Request by Simon Development & Equipment Co. on behalf of the Ancient Free and Accepted Masons of the Grand Lodge of Missouri to approve a Review Plan of 6.67 acres, more or less, located at 6100 N Masonic Dr., Columbia.

Planner, Bill Florea gave staff report stating that the subject tract located just north of Columbia near the intersection of Prathersville Road and Highway 63. It is 6.67 acres in area. The property is undeveloped. The current zoning of the property is A-2, which is the original zoning. The property adjacent to this tract is also zoned A-2. Property on the south side of Highway 63 is zoned C-GP. The proposed use is the State Office for the Masonic Home of Missouri. A request to rezone the property to C-GP with a review plan showing a 44,000 square foot building was approved last month. Since that approval the applicant has revised their plans. They are asking for approval of a Review Plan to allow construction of a 53,000 square foot office building.

Water service will be provided by the City of Columbia, electric service is provided by Boone Electric. The property is within the Columbia School District. Sewer service can be provided by the City of Columbia if a pre-annexation agreement is executed. The applicant has initiated the pre-annexation process.

The property has frontage on N. Masonic Drive, which is a paved, publicly maintained road. Traffic generated by the proposed office building will have a negligible effect on traffic circulation in the area.

Water service will be provided by the City of Columbia.

The City of Columbia will provide sewer service to the property if the developer executes a pre-annexation agreement. The developer will be responsible for design and construction of the main extension.

The property scored 83 points on the rating system.

Staff recommends approval of the rezoning and review plan subject to the following condition:

Prior to approval of the final development plan, the applicant must enter into a pre-annexation agreement with the City of Columbia and provide documentation that the City will provide sewer service to the property.

Present: Tim Reed, Engineering Surveys and Services, 1113 Fay Street, Columbia.

Mr. Reed stated this is the same project that the Commission reviewed last month. Between the time that applicants had prepared the plan, now the Masons have interviewed several construction companies, they selected Randy Adams Construction to build their office. Randy Adams Construction had proposed this particular building the Commission is looking at and this particular parking configuration. Applicants withdrew the previous plan that was heading for the County Commission then resubmitted this plan to Commission. The plan that is before the Commission now, Mr. Reed believes, has about 181 parking spaces. The applicant’s calculations per the City of Columbia’s ordinances are about 140 spaces. Right now applicant’s intention is to request a variance from the County Board of Adjustment to build about half of those parking spaces. Applicants really don’t know what their parking needs are going to be. They know in order to meet the City of Columbia ordinances, they have to have about 140 spaces. Prior to the final plan being approved, applicants are going to go to the Board of Adjustment either in January or February 2002 to ask for a variance.

Commissioner Caruthers asked if this new plan is 53,000 square feet as opposed to 40,000 previously.

Mr. Reed stated yes.

Commissioner Smith asked applicant why they need more space.

Mr. Reed stated the organizations best guess, when Mr. Reed met with them initially was a 40,000 square foot building. They spoke of two-stories originally, then Mr. Reed finally pinned them down and they said one story with a basement at that 40,000 square foot level. When they interviewed their construction companies, Randy Adams’ people had put together a building with a suggested floor plan. Applicants stated last month they were going to have a Masonic Museum and Library. Applicants were very interested in the proposal that Randy Adams Construction made to applicants. That is the building the applicants decided on.

Open to Public Hearing.

No one spoke in favor of the request.

In opposition:

Present: Harold Stearly, 2070 Northwood Drive, Columbia.

Mr. Stearly stated his property shares his south and the Masonic’s north property lines. Mr. Stearly stated that he is not sure that it totally accurate that he is in opposition to what the Masons are proposing, but he does have some further concerns. Mr. Stearly stated it was appropriately brought up by the Commission last month that the parking request seemed rather large for the size of the building and what the applicant’s intentions were. Associated with that parking would be the increased need for security. Mr. Stearly stated he finds it interesting that the applicants are requesting a variance for less parking at this time while significantly increasing the size of the building by approximately 5 or 6 large homes. Mr. Stearly stated he would be interested in finding out, other than just liking the design of the building, if there is future planning in the works motivating their change in the design and the largely increased space of this building.

Mr. Stearly stated he knows from speaking with the Mason’s that they have been discussing the development of a retirement community out there in the future as well, perhaps five years down the line. Mr. Stearly stated he didn’t know if they were foreshadowing that with increasing this initial development or not. One concern that was brought up last time is the rural residential quality of the surrounding neighborhood. There are a fair number of homeowners that have large tracts out there ranging from anywhere from half-acre lots to 20-acre lots. It is very much a rural community.

Mr. Stearly stated that he and his wife have recently discovered is that they have identified a pair of barn owls that are living in the woods; their woods and the woods which is on the Masons side of the border. Barn owls are endangered species. There is a significant effort on the part of Missouri State Conservation Commission to repopulate barn owls. Mr. Stearly stated he hasn’t had the opportunity to further research this, but there might be some additional State Regulations or measures that the Masons might want to investigate before proceeding with the project or lighting in this area that would have any impact on that. Mr. Stearly stated he is not sure, there might be something the Commission may want to look in to. Mr. Stearly stated those are his concerns, applicants have already addressed his concern with the sewer lines so that is no longer an issue.

Commissioner Heitkamp stated that Mr. Stearly’s south property line is the Masons north property line.

Mr. Stearly stated that is correct.

Commissioner Heitkamp asked if Mr. Stearly owned the big oak trees.

Mr. Stearly stated the extent of the woods actually crosses both lines. Mr. Stearly stated that of the Mason’s 46-acre tract has approximately 5 acres or less that is wooded. Mr. Stearly stated he was just making a rough guess. Mr. Stearly stated his property is 18-acres which is wooded and contiguous there.

Commissioner Heitkamp asked what road dead ends to the oak grove.

Mr. Stearly stated that Masonic Drive dead ends, it runs parallel to Highway 63. The Stearly’s property would be perpendicular to that. Masonic Drive dead ends at the tract of land that sits cattycorner to the Stearly and borders the Mason property down on the western side. Mr. Stearly stated he guesses that road is probably somewhere in the area of 2000 feet away from his property line it dead ends going back in to the wooded area.

Commissioner Heitkamp asked if at some point it could be an outer road.

Mr. Stearly stated that is very much a possibility from his point of view because Northwood Drive could conceivably be pushed through towards Highway 63 and Masonic Drive could connect with it at some point in the future. Mr. Stearly stated he didn’t know what the County has in terms of planning, but there are several small tracts of land owned by individual owners immediately to the west of the Stearly’s and Highway 63 that access dead ends prior to having complete access to all those properties, so that may be pushed through as some point.

Mr. Stearly stated he also finds it interesting to say there won’t be significant impact on traffic out there, while at the same time, planning for a large number of visitors to the Masonic Library. That road is a paved road, but it is partially overgrown, there is no shoulder. Depending on the tract, it may well need to be upgraded. Mr. Stearly stated he is not sure what they are predicting and no idea if they have done a demographic study on the numbers of people who might be visiting.

Closed to Public Hearing.

Commissioner Smith asked Mr. Reed what the future plans might be there.

Mr. Reed stated the Mason’s have always talked about some sort of retirement community for the Masons. Their prime concern right now is to get this State office building built and the gentleman that Mr. Reed is working with, Mr. Jimmy Lee, who is the current President of this organization, Mr. Lee says that is for another board to decide. At this time, the Masons don’t have any plans or master plan or anything to develop the rest of that property. Mr. Lee says they might even sell the rest of that property. The Masons present concern is to get this State office built.

Commissioner Smith asked Mr. Reed if he was aware of the fact there might be endangered species on this land, and if so, how would applicants approach that.

Mr. Reed stated the 6.67 acres that they are rezoning is all just a formerly cultivated field. The corner of the property that is closest to Mr. Stearly’s property is about 1000-feet from his property line. Mr. Stearly is correct, there is some severe ravines and woods in the northwest corner. Mr. Reed stated they would worry about that issue when they come to it.

Commissioner Heitkamp asked Mr. Reed about the existing oak tree in the cultivated field.

Mr. Reed stated that one is going to remain.

Commissioner Heitkamp stated she believed that the City of Columbia addresses that issue in their Urban Tree ordinance; if they are going to become a part of Columbia, applicants have to abide by that.

Commissioner Morgan asked staff if the driveway should also be included in the rezoning.

Mr. Florea stated not necessarily.


Commissioner Caruthers made and Commissioner Mink seconded a motion to approve with conditions a request by Simon Development & Equipment Co. on behalf of the Ancient Free and Accepted Masons of the Grand Lodge of Missouri to approve a Review Plan of 6.67 acres, more or less, located at 6100 N Masonic Dr.,

Pat Smith Yes Mike Morgan Yes

Mike Caruthers Yes Keith Neese Abstain Carl Freiling Yes Kristen Heitkamp Yes

David Mink Yes

Motion to approve request carries. 6 Yes 1 Abstain 0 No





  1. Shalimar Gardens Plat 5. S25-T49N-R13W. R-S. Larry and Cecilia Benton, owners. James R. Jeffries, surveyor.


Planner, Bill Florea gave staff report stating that the property is located at the west end of the existing portion of Shalimar Gardens Subdivision, which is accessed from State Route 763. The plat contains 11 lots, 10 of which are proposed for residential use and one that is a recreational tract owned by the Shalimar Gardens Homeowner’s Association. The proposed plat is part of a preliminary plat that was approved in August 2001.

Lots 99, 100 and 158-160 will be served by an extension of Jasmine Way. Lots 163-167 will be served by an extension of Camellia Way. Lot 172 has frontage on and access to Shalimar Court. Right of way for the road extensions will be dedicated by this plat.

Columbia Water and Light provides water service to the subdivision. Water lines will be extended and fire hydrants will be installed, as necessary, to meet the specifications of both Columbia Water and Light and the Boone County Fire District.

Sewage generated by the development is treated at the Clearview Wastewater Treatment Plant. The facility is owned and operated by the Boone County Regional Sewer District. Comments received from the sewer district indicate that a connection fee of $1,115/lot will be charged to the owner of each lot at the time of connection to the sewer. The district also states that the Shalimar Gardens pump station should be upgraded to comply with applicable DNR standards. The developer will share the cost of the upgrade with the sewer district. The dollar amount paid by the developer will be proportionate to the number of new lots being created.

Boone County subdivision regulations require that any subdivision containing more than 100 RS zoned lots have more than one point of public road access to lots within the plat. Shalimar Gardens currently contains eight commercially zoned lots and 98 residential lots. In June 2001 the Boone County Board of Adjustment granted a variance allowing the platting of 10 additional residential lots without providing a second access.

On June 26, 2001 the Boone County Commission granted a variance allowing a 47-foot radius cul-de-sac at the end of Camellia Court.

The property scored 78 points on the rating system.

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

  1. The developer shall enter into a cost share agreement with the Boone County Regional Sewer District prior to recording the final plat.

Present: Larry Benton, 2900 China Berry Drive, Columbia.

Mr. Benton stated he wants to develop 10 residential lots. Presently there about 90 single-family residential lots developed, there only about 4 left to sell, so they need more inventory to sell. They have developed the 90 lots so far, to the County specifications and doesn’t believe they’ve had any problems at all in that development and would like to include these 10 lots.

Mr. Benton stated these lots round out an area of a subdivision, as mentioned, five of the lots are at the end of a cul-de-sac of Camellia Court, the remaining five lots are along the lake and goes to the end of the lake. If applicants never developed the remaining 25 or 30 acres there, they would have a nice smooth finish to the subdivision. The remaining 25 or 30 acres is going to be a little more difficult to get approval on because of road requirements, that is why applicants are only asking for these ten at this time.

Commissioner Mink asked staff regarding the note of a temporary turn around easement, is that a requirement prior to final recording.

Mr. Florea stated yes, creating that easement will have to be recorded and then it will be cross-referenced on the final plat.

Commissioner Caruthers asked Mr. Benton if he had any problems with a cost share agreement with the Boone County Regional Sewer District.

Mr. Benton stated he has already talked to the Sewer District and has reluctantly agreed to do it.


Commissioner Freiling made and Commissioner Neese seconded a motion to approve with staff recommendations, Shalimar Gardens Plat 5. S25-T49N-R13W. R-S. Larry and Cecilia Benton, owners. James R. Jeffries, surveyor.

Pat Smith Yes Mike Morgan Yes

Mike Caruthers Yes Keith Neese Yes Carl Freiling Yes Kristen Heitkamp Yes

David Mink Yes

Motion to approve plat carries. 7 Yes 0 No




Director, Stan Shawver gave the Commission an update of last months meeting and the decisions rendered by the County Commission.


Request by Rollie and Patsie Pierceall on behalf of Louie and Judy Yow for a permit for a 2-lot mobile home park on 7.35 acres located at 6315 N Wagon Trail Rd., Columbia. The Planning and Zoning Commission recommended approval. The County Commission upheld that recommendation.

Request by Loren Gene Nichols on behalf of Hinton Sewer Co. for a permit for a mechanical wastewater treatment plant located at 331 E Hinton Rd., Columbia. The Planning and Zoning Commission recommended denial of that request. The Hinton Sewer Company appealed that decision to the County Commission. The applicants were adamant that they didn’t want the Sewer District to have it. At this point, Mr. Shawver stated he is in negotiation with Mr. Nichols and a Sewer District employee to try and work an arrangement where they can get something back and the Sewer District will actually have control of it. They are looking at buying the excess capacity above what they need to give them substantial recoveries.


Rezoning request by Simon Development & Equipment Co. on behalf of the Ancient Free and Accepted Masons of the Grand Lodge of Missouri to rezone from A-2 (Agriculture) to C-GP (Planned Commercial) of 6.67 acres, more or less, and to approve a Review Plan for the development, located at 6100 N Masonic Dr., Columbia. Mr. Shawver stated this did not go before the County Commission, the applicants withdrew it to resubmit and revise a review plan. That will be going to the County Commission on January 3, 2002.




Being no further business, the meeting was adjourned at 9:30 p.m.

Respectfully submitted,



Kristen Heitkamp


Minutes approved on this 21st, day of February, 2002.