BOONE COUNTY PLANNING & ZONING COMMISSION
BOONE COUNTY GOVERNMENT CENTER
801 E. WALNUT ST., COLUMBIA, MO.
Thursday, February 20 , 1997
Chairperson Schnarre, called the meeting to order at 7:30 p.m., with a quorum present. Roll Call was taken by Secretary Kirkpatrick.
Present: Keith Schnarre, Chairman Bourbon Township
Joe Falco, Vice-Chairman Perche Township
Keith Kirkpatrick, Secretary Missouri Township Darin Fugit Columbia Township
Ron Marley Cedar Township
Mary Sloan Rocky Fork Township
Bill Grace Centralia Township
Absent: Frank Abart Public Works Director
Also present: Stan Shawver, Director Don Abell, Staff
Thad Yonke, Staff Noel Boyt, Staff
Ryland Rodes, Staff
Commissioner Falco made and Commissioner Kirkpatrick seconded a motion to approve the minutes of December 20, 1996, meeting with no corrections.
Motion passed by acclimation.
CONDITIONAL USE PERMITS
Request byClifford and Alma Inscore to rezone from A-1 (Agriculture) to A-2
(Agriculture) of 15.83 acres, more or less, located at 3000 E Hwy. 124, Hallsville
(the southeast corner of Robinson Rd. and Hwy. 124.
Thad Yonke gave staff report stating that this site is located at the southeast corner of the intersection of State Highway 124 and Robinson Road, approximately 3.5 miles west of Hallsville and 2.5 miles east of Highway 63. This 15.83 acre tract is zoned A-1 (Agriculture). Property to the east and south are also zoned A-1. Land to the north and west is zoned A-2. This request is to rezone the land to A-2 so that it may be subdivided into 3 tracts for development. The land has been used for agricultural purposes and is part of a 80 acre farm. This site is within the Hallsville School District, Boone Electric Co-op service area and is in Public Water District No. 4 service area. There have been no previous requests submitted on behalf of this property. The 1996 Master Plan designates this area as being best suited for agriculture and rural residential land uses. The proposed use is consistent with the plan. Staff notified 15 property owners concerning this request.
Clifford Inscore, 3200 E. Hwy. 124, Hallsville (PO Box 176) owner, addressed the Commissioners. He said the reason he wanted to rezone the land was to sell off three (3) of the lots that adjoin Hwy. 124 and Robinson Road. The property is right on the corner of Hwy. 124 and just south on Robinson Road. There are several houses down Robinson Road on the west side that are zoned A-2 including a tract of land of 80 acres he thought was already zoned A-2. Mr. Inscore stated that the Planning and Zoning Commission had rezoned a portion of the land just north of him on Hwy. 124 from A-1 to A-2.
Chairman Schnarre asked Mr. Inscore if he would be doing any more rezoning of the remaining 65 acres. Mr. Inscore said no, he wanted to keep the rest of the land to farm.
Open to the public.
Jim Ewing, 13905 N. Robinson Rd. who lived across the road from the site. He stated he was in favor of the rezoning.
David Haun, 2850 E. Hwy. 124 asked the Commission if there would be any restrictions on the lots to be sold. Would it be for houses or would trailers be going in?
Mr. John Scheiter, 13897 N. Robinson Road stated he did not know if he was in favor or against it. He was concerned about driveway location. Sewer was also a concern but when he found out there would be only three (3) lots his concern subsided.
Closed to public hearing.
Mr. Inscore , came back to the table. He said these were his neighbors and he did not realize they had concerns about his request. He did not believe anything other than houses would be built. Mr. Inscore said when the property was surveyed some neighbors had approached him and they were concerned that trailers might be placed but to his knowledge it could not be done due to the zoning regulations.
Chairman Schnarre asked staff to answer the question about mobile homes being placed on 2 1/2 acre tracts. Director Shawver stated the land is being platted as a subdivision but each of the lots is larger than 5 acres. Mr. Shawver explained that the zoning regulations restrict mobile homes being place in a subdivision; however, there is an exemption I the subdivision regulations that exempts subdivisions consisting entirely of lots larger than 5 acres from this restriction. So the county regulations would allow mobile homes to be placed in "Inscore Subdivision". Mr. Inscore can develop restrictions to place on each deed that would effectively keep mobile homes from being placed on the 5 acre lots of "Inscore Subdivision."
Mr. Inscore added that he would not sell a lot to someone knowing that they were going to place a trailer on the land. It would also depreciate the value of his home that he just built three (3) years ago.
Commissioner Falco asked if he would planned to sell three individual lots? Mr. Inscore agreed that there would be 3 individual lots.
Commissioner Kirkpatrick stated he was concerned with the remainder of the tract. He stated Mr. Inscore
may not own the tract forever. The next owner may come along and want the rest of the tract to be A-2.
Chairman Schnarre said he was also concerned, but there is A-2 on two sides, so it is not out of character and not spot zoning. He said he understood both sides.
Commissioner Falco asked staff if they had received any feedback from any of the landowners notified. Director Shawver advised that the staff had not fielded any calls about this request. Chairman Schnarre asked if there was a point rating on this request. Mr. Yonke stated the subdivision plat had 33 points.
Commissioner Falco made and Commissioner Grace seconded a motion to approve the request by Clifford and Alma Inscore to rezone from A-1 (Agriculture) to A-2 (Agriculture) of 15.83 acres, more or less, located at 3000 E Hwy. 124, Hallsville (the southeast corner of Robinson Rd. and Hwy. 124.
Joe Falco yes Bill Grace yes
Darin Fugit yes Keith Kirkpatrick no
Mary Sloan yes Keith Schnarre no
Ron Marley no
Motion was approved. 4 yes 3 no
Request byJerry R. Peterson to rezone from RS & A-2 to C-N (Neighborhood
Commercial) of 5.4 acres, more or less, located at 6110 E Loy Martin Rd., Ashland.
Don Abell gave staff report stating that this site is located south of Loy Martin Road on the east side of State Highway 63, just northeast of the Ashland municipal limits. Access to the site is from a Highway 63 service road. This 5.4 acre tract is situated within two zoning districts. The north 3.54 acres are zoned A-2 (Agriculture) and the southern 1.92 acres are zoned R-S (Single Family Residential). Property to the north is zoned A-2; to the east, the land is zoned A-2 and R-S; to the south the land is zoned R-S; and, to the west the land is zoned A-1. The site is currently vacant except for the access drive that serves the applicant’s home. The applicant owns a total of 53 acres at this site. This request is to rezone a total of 5.4 acres to C-N (Neighborhood Commercial).
The applicant proposes development of a strip mall. Mr. Peterson’s land is within the Southern Boone School district; electric service is provided by Boone Electric Co-op; water service is provided by Consolidated Water District No. 1. There is not a central wastewater system available to the site.
There have been no previous requests submitted on behalf of this property.
The 1996 Master Plan designates this area as being suitable for residential land uses. The proposed use is not consistent with the Master Plan. Staff notified 17 property owners concerning this request.
Jerry Peterson, 6110 E. Loy Martin Road, Ashland, addressed the commission. He wished to build a building and run his own business and provide space for other small businesses. The road is state maintained from Hwy. 63 along the front of the property.
Chairman Schnarre asked if he had a time frame on the project. Mr. Peterson said 15-20 years. He wanted to start rather slow and not be "hodge podge". Chairman Schnarre asked how long had he owned the property. Mr. Peterson advised two (2) years.
Chairman Schnarre asked Mr. Peterson if staff had talked to him about it being a Planned Commercial Zoning instead of Neighborhood Commercial? Mr. Peterson said yes, but he would rather go this route instead.
Chairman Schnarre stated there were two items on the agenda for that end of the county and he requested that this item stand by itself. All comments on either side be adhered to this request.
Open to the public. No one spoke in favor of the request.
Joel Bullard, 13595 Highway 63 South, Ashland addressed the Commission. He said he lived approximately one mile north of the overpass at Ashland and directly across the road from the proposed strip mall. He urged the commission to deny this request. It is proposed to be built between two existing homes, it is on a dead end street so that one has one way in and one way out for fire and police protection. On the emotional side, he did not want to wake up every morning and look at a strip mall across the road from his house.
Janet Bullard, 13595 Highway 63 South, Ashland addressed the Commission. She stated she is not a new comer to the area of the proposed strip mall. She has 21 years dedicated to their farm directly west across Hwy. 63 South. She stated her husband, Mr. and Mrs. Wren, Mr. and Mrs. Hagans have several generations of family members who maintain the family farms. They all have dedicated blood, sweat and tears to their peaceful farm land. It would be unfair to impose a change in environment like a strip mall being built next door to them. There may be promises made of what types of businesses would be included and/or excluded but when the people who conceived this idea are dead and gone what will the heirs decide and do with the land? They did not want truck stops, businesses that create odors or noise as their neighbors. She requested that the zoning not be changed to commercial and to please help them preserve their way of life.
Dorothy Davis, 6130 Loy Martin Road, Ashland addressed the Commission. She stated they were opposed to the rezoning. They had not been on the water line very long and their land is all down hill from this site. She was concerned where the sewage would go other than to their property. Even building a parking lot, the drainage would go in front of their house.
Janis Spears, Box 574, Ashland, approached the Commission. She said she was the daughter of Jerry Crane who was one of the adjacent property owners. It is a family farm they live on (130 acres more or less) the drainage does run into some ditches and some branches that does run on to their property. They did have a serious erosion control problem in that area and are concerned about keeping it to a minimum. She stated that the road is state maintained but it is a small road. Extra traffic on the road would cause serious pot holes.
Donnie Wren, 6100 Loy Martin Road. He and his wife reside on the farm just north. They have lived on the farm 33 years; it may only be 33 acres but it is a farm to them. They do not want to see a commercial development a short distance from their home. It would have a very negative effect on their lifestyle. He and his wife, Jennie wanted to ask the Commission to deny the request for the rezoning.
Mr. Peterson returned. He said the sewer system would be to state or county standards. Chairman Schnarre asked if he was referring to a lagoon system. Mr. Peterson stated he was not familiar with the systems.
Closed to the Public.
Chairman Schnarre asked staff how far away was the Ashland city sewer? Director Shawver stated at least 800’ feet or more to the south. It was in Golden Windmill Mobile Home Park. On west he did not know how close it was, there was some commercial development across and to the south but the cost of boring under Hwy. 63 for a wastewater tap, staff thought it would be cost prohibitive and did not research the cost.
Chairman Schnarre asked the cost factor for the 800’ might be? Director Shawver advised that Golden Windmill Mobile Home Park was actually all a private system within the park. Then it would be another 800’ - 900’ from there to the city sewer line.
Commissioner Kirkpatrick asked staff how close was the nearest commercial? Director Shawver stated that on the west side approximately 400’.
Commissioner Falco asked Mr. Peterson if there was any particular reason why he did not want to do it Planned Commercial? Mr. Peterson said he thought the Neighborhood Commercial fit the guidelines and his needs. He did not know if there would be more expense if he went Planned Commercial. Then after spending quite a bit of money for Planned Commercial he might hit a dead end anyway.
Commissioner Kirkpatrick stated he did have a problem with the request. For what ever reason Mr. Peterson chose not to go Planned Commercial and he could not support the rezoning.
Chairman Schnarre stated he also had a problem with a few of the uses under Neighborhood Commercial.
Commissioner Falco stated he also would like to see this as Planned Commercial.
Commissioner Marley asked Mr. Peterson how long he was going to take to develop this property? Mr. Peterson said it was impossible for him to say. He thought it would take 10 - 15 years to develop the whole 5 acres.
Commissioner Kirkpatrick made and Commissioner Marley seconded a motion to DENY the rezoning request
by Jerry R. Peterson to rezone from RS & A-2 to C-N (Neighborhood Commercial) of 5.4 acres, more or less, located at 6110 E Loy Martin Rd., Ashland.
Keith Kirkpatrick yes Ron Marley yes
Keith Schnarre yes Joe Falco yes
Darin Fugit yes Mary Sloan yes
Bill Grace yes
Motion to deny was unanimous 7 yes
Inscore Subdivision. S17-T50N-R12W. Clifford and Alma Inscore, owners.
Don Bormann, surveyor.
Thad Yonke gave staff report stating that this three lot plat is located on the east side of Robinson Road, on the south side of Highway 124 immediately southeast of the intersection of Highway 124 and Robinson Road. The site is 3 miles west of the Hallsville municipal limits. The area being subdivided contains 15.83 acres out of a parent tract of 80 acres. This property is currently zoned A-1, which is the original 1973 zoning. However, the property has a recommendation of approval for rezoning to A-2, done by this commission earlier this evening and that will be pending a final decision by the County Commission. The remaining property to the east of Robinson Road and south of Highway 124 is zoned A-1. The property north of Highway 124 is zoned A-2. The property west of Robinson Road is zoned A-2. These are the original 1973 zonings. Water service will be provided by Water District # 4 which has a 2" line in the area. The water district indicated by phone that they can serve this area off of this 2" line. Sewage treatment will be on site, the appropriate area is designated on a separate document in the file. The owner has requested a waiver of the requirement for traffic analysis and cost benefit analysis for sewage treatment. This plat has 33 points on the point rating scale.
Staff recommends approval along with granting of the waivers for cost benefit analysis for sewage treatment and traffic analysis.
Don Bormann, surveyor addressed the Commission. He stated it was pretty straight forward. The only hitch was that the owner had told him the zoning was already A-2 when the first started surveying. When staff did the review they found out that it was A-1 and had to pull it off from the agenda in December, 1996.
Commissioner Kirkpatrick stated it was pretty straight forward.
Commissioner Kirkpatrick made and Commissioner Falco second motion to approve plat review of Inscore Subdivision with the two noted recommendations noted by staff.
Keith Kirkpatrick yes Joe Falco yes
Bill Grace yes Ron Marley yes
Keith Schnarre yes Darin Fugit yes
Mary Sloan yes
Motion to approve plat review was unanimous. 7 yes
Kimberly’s Hope. S8-T51-13W. A-2.. Aubrey and Kimberly Weger, owners.
Brian Dollar, surveyor.
Don Abell gave staff report stating that this one lot subdivision is located in the extreme northern part of the County approximately 4 miles west of Highway 63 on State Route F. The area being subdivided contains 5.29 acres, which is part of a 60 acre parent parcel. The property is zoned A-2, which is the original 1973 zoning.
Water is supplied by Water District #10 with a 3" line along Route F.
There is an existing home on this lot, however the existing sewage lagoon is going to be replaced with a new sewage lagoon to the north and east of the home site. The surveyor has provided a copy of the proposed sewage lagoon location if anyone would like to see it. Likewise, the surveyor has submitted a written request for a traffic analysis and collector sewer cost benefit analysis for this subdivision.
The home is located 42.2 feet from the front property line, which does not conform to the 50 foot setback for new construction today. However, the home was built prior to the adoption of Planning and Zoning and is therefore "grandfathered". If that part of the home that encroaches on the setback is ever destroyed it can only be build back if it conforms with the regulations.
This plat has 28 points on the point rating scale.
Staff recommends approval.
Brian Dollar, surveyor addressed the commission. He asked for it to be approved. Chairman Schnarre asked if the owners were aware in the event that there was destruction of the house no means to rebuild. Mr. Dollar said yes, they knew.
Commissioner Kirkpatrick made and Commissioner Sloan seconded motion to approve plat review for Kimberly’s Hope with the two noted recommendations by staff.
Keith Kirkpatrick yes Mary Sloan yes
Joe Falco yes Darin Fugit yes
Bill Grace yes Ron Marley yes
Keith Schnarre yes
Motion to approve was unanimous. 7 yes
Woods Mill Plat 1. S3-T48N-R12W. R-M/R-S. R.D.M. Development, Inc., owner.
J. Brian Rockwell, surveyor.
Thad Yonke gave staff report stating that this forty-two lot plat is located on the west side of Lake of the Woods Road, 450’ north of the intersection of Lake of the Woods Road and St. Charles Road. The site is just outside the east/northeast portion of the City of Columbia. The area being subdivided contains 18.05 acres. This property is split by a division line between the R-S (residential-single family) and R-M (residential-moderate density) zoning districts. The majority of the property is zoned R-M. These are the original 1973 zonings. Water service will be provided by the City of Columbia. There is currently a 6" line along St. Charles and a 2&1/4" line along Lake of the Woods Road. A water main extension will be required from St. Charles Road. The city has plans to up-grade the 6" and 2&1/4" main lines at some point in the future. City water has requested an easement along the south side of Limoges Drive to Lake of the Woods Road. It may be possible to get the water connection from the north side and cross the street where the indicated easement starts on the north side of lot 1. This issue needs be resolved. Sewage treatment will be from a central system that will connect into the system in Waters Edge Estates to the north. The sewer district indicates that there is capacity availability from the Waters Edge System. A traffic analysis has been conducted and is provided in the file, however, it should be noted that the plat already indicates that the roadways will be hard surface with curb and gutter. The first two sets of proposed road names were bounced by Joint Communications, we have not received comment on the current set of proposed road names. Note number 5 pertaining to sidewalks could be misconstrued to mean that no sidewalks are required along lots 37-42 along Lake of the Woods Road, this would be incorrect. The note should be modified to reflect that sidewalks are required on these lots. This plat has 75 points on the point rating scale.
Staff recommends approval pending the changing of note 5 to reflect that sidewalks are required along the west side of Lake of the Woods Road, approval of road names, and an adequate solution to the easement problem at the connection of Limoges Drive and Lake of the Woods Road.
Jay Gebhardt, Allstate Consultants addressed the commission. He said he had been working with Columbia Water and Light regarding the water line issue. He had been trying to get a hold of John Clark. They have a 20’ utility easement on the north side (the street that come out on Lake of the Woods). They have two options. Either get an easement off site from the adjacent property owner and extend the water line in that easement, or go up to St. Charles/Lake of the Woods and extend it 6" (inches) down and cross the street over into the utility easement. The other issue is the sidewalks. He was not aware of that problem, if it is required they will build a sidewalk. He advised that Lake of the Woods Road is an unimproved road and does not have curb and gutters. When sidewalks are constructed along a street that does not have curb and gutters, as an engineer he has questions where it goes, what elevation, what type of grading needs to be done, how to handle getting to the pavement across the ditch. Not to compare but when the City of Columbia has an unimproved road, the sidewalks are not built until the streets are improved. That may not be an approach the county would want to take, but if required he will change the note.
Chairman Schnarre asked staff to address Mr. Gebhardt’s comments. Mr. Yonke stated there was no problem for the sidewalks to go in at a later date. Staff wanted to make sure there was not a note on the plat that could be construed as exempting those lots from ever needing to be, as if it were a variance. Staff thought they would address the problem with the water.
Commissioner Falco asked that when ever the street is upgraded, the sidewalks would have to be put in? Mr. Yonke stated that when the lots would be developed that would trigger the sidewalks at this point. Mr. Gebhardt stated usually the sidewalks are triggered by the building permit. If not put in then, it would be hard to come back later unless you have a process to tax bill the construction of sidewalks.
Commissioner Kirkpatrick agreed with staff, he did not like the wording either. Commissioner Grace asked about Lamone Drive, was there a question about the entrance. Mr. Yonke stated that was where the city asked for the easement along the south side of the road. On the preliminary plat we noted that it might be necessary. The utilities did not comment on it at that time, so it went through on the preliminary with this form. Then on the final plat we received comments that they decided they may need it along the southern portion of the road.
Commissioner Falco made and Commissioner Fugit second motion for approval with staff’s recommended corrections of street names, water and Note #5 about sidewalks for Woods Mill Plat 1.
Joe Falco yes Darin Fugit yes
Keith Schnarre yes Ron Marley yes
Bill Grace yes Keith Kirkpatrick yes
Mary Sloan yes
Motion to approve plat was unanimous. 7 yes
Clover Leaf Estates. S8/9-T50N-R12W. A-2. Thomas Smith, owner.
Daniel Brush, surveyor.
Don Abell gave staff report stating that this 2 lot subdivision is located 3 1/2 miles northwest of the City of Hallsville on Winn Rd. The property is in an original 1973 A-2 zoning district. The entire parent parcel is contained within this plat.
Since there are only two lots and each lot is over 5 acres, the Subdivision Regulations allow these lots to be served by a private access easement, as shown on the plat. However, the easements shown that are not within the boundary of the Subdivision will have to be recorded by separate document. Similarly, an additional easement for Boone Electric is shown outside the subdivision boundary that will have to be recorded by separate document.
This is within Water District #4, which has a 2" line along Winn Rd.
There is an existing mobile home and sewage lagoon on lot 2. Since the existing sewage lagoon is closer than 75 feet from the property line of lot 1, an easement for lagoon maintenance is being dedicated on lot 1. Staff has verified that this is acceptable to the Health Department. The proposed sewage disposal area for lot 1 is also shown on the plat.
The surveyor has submitted a written request for a waiver of the sewage cost benefit analysis and traffic analysis.
The shed that is shown on the north property line is an existing situation, however, I believe the owners intend to tear this down.
This plat has 24 points on the point rating scale.
Staff recommends approval with the following conditions:
Daniel Brush was present for any questions.
Commissioner Sloan made and Commissioner Kirkpatrick seconded motion to approve Clover Leaf Estates Plat with staff recommendations.
Mary Sloan yes Keith Kirkpatrick yes
Joe Falco yes Darin Fugit yes
Bill Grace yes Ron Marley yes
Keith Schnarre yes
Motion to approve plat was unanimous. 7 yes
Request byInternational Ventures Corp. to rezone from A-1 (Agriculture) to M-LP
(Planned Industrial) and second request to approve aReview Plan for Centre Pointe
Research Park Planned Industrial Development, on 224.3 acres, more or less,
located at 7201 E Hwy. H, Columbia (tabled 12/19/96)
Commissioner Kirkpatrick made and Commissioner Marley seconded motion to remove items from table.
Voting as follows:
Keith Kirkpatrick yes Ron Marley yes
Bill Grace yes Keith Schnarre yes
Darin Fugit yes Joe Falco yes
Mary Sloan yes
Motion to remove from table was unanimous. 7 yes
Chairman Schnarre stated that when this item was tabled in December, it was in the discussion phase among the commissioners. The public hearing had been closed at that time. Since December there had been a lot of activity on the issue. Three study sessions were held during which a lot of questions were asked and a lot of answers were given. Chairman Schnarre stated that he was aware that there were some petitions and items that would like to be presented. Chairman Schnarre had received some letters at his residence addressed to the whole commission. In order to do that correctly, he was re-opening a limited public hearing. He would give 10 minutes for the public in favor, 10 minutes for the public opposed, and 10 minutes to the applicant to respond in any fashion. He requested comments be restricted to new information that had not been presented at the last meeting. Staff member Thad Yonke was asked to keep track of the 10 minutes intervals.
Open to public hearing in favor of the request.
Jay Leffert, 403 Oak St., Ashland came forward. He said he was in favor of the rezoning. It would help the economy of Ashland and the tax base for their schools. At the present, the school does not have enough money for a track for the kids. They are trying to find a way to fund the track privately.
Jim Oakley, P O Box 417, Hartsburg with a business in Ashland called "Ashland Outdoors." He was very much in favor of the project. It is a planned development wherein various junctures will be taken to insure we are doing the right thing as a county. He agreed with Mr. Leffert that the additional tax base will benefit the schools, and once the children are educated, this will be a place for them to get a job.
David Westoff, President of the Ashland area Chamber of Commerce, P O Box 525, Ashland stated that businesses with the Chamber are in support of this development. They have concerns for the residents around the proposed project, but southern Boone County desperately needs some type of industrial base, tax base for the schools and for the businesses.
Ralph LaFoy, 14170 Hwy. DD, Ashland and a business located on the overpass of Ashland and Hwy. 63. He was in favor of the project mainly because of the possible school tax base. He was concerned about the potential traffic increase. He said those traveling Hwy. 63 on a daily basis know that Hwy. 63 with a yellow flashing light is very dangerous. We have an opportunity to move up the state time frame to install an interchange. He said if the gentleman will pay the 6 million dollars to build the interchange, we should let him put the interchange in. The interchange would accommodate the traffic.
He was concerned about the environment but he heard there was already run-off from the airport that may be going into the Three Creeks area already. If this development would curtail water from the airport into the Three Creeks, he was in favor.
* * * * *
Opposed to the request.
Director Shawver gave the Commission a letter from Darwin Hindman, Mayor, City of Columbia that was received in the office. He also presented the Commission with a letter from Pamela Havenland and Linda Day. Commissioner Fugit had given staff letters he received at home, copies were also distributed.
Chairman Schnarre presented a letter that was faxed to him at his home earlier that day from Robert Ellis Giller.
Jim Davis, 9642 S Rte N, addressed the commission. He presented a petition of 433 Boone County residents that were opposed to the request. The signatures were collected in the last two weeks, so he thought there were even more residents who were not given the opportunity to sign. There were lots of concerns but the main one being the lack of infrastructure, the traffic, the sewage and the stormwater.
Robert Giller, Rte 1, 14700 Windmiller Drive, Ashland addressed the Commission. He had additional comments than were in the letter previously presented about the potential use of the tax base for the influx to the Southern Boone County area. Concern if the tax base would be retained by the Southern Boone County area should this area be annexed into the City of Columbia, as has been suggested. Wastewater for an industrial park would have a much more intensive impact than residential wastewater treatment plants.
Brad Stubbs, 11601 Clinkenbeard Rd, Ashland stepped forward. He said he was a full time farmer, approximately 1.5 miles east of the airport. He stated that this was in an area that did not have adequate roads. It is located in an environmentally sensitive area, located on some of the better farm land in Boone County. There are no sewer systems in place nor is there a water system in place. Mr. Levy chose a site that naturally drains into the Three Creeks area. Evidently, Mr. Levy has no definite plans for anything; he hoped that would help in the decision to deny the request to rezone.
Susan Fields, 11500 J T Benedict Road, Ashland said that the big picture this request was not worth it. Until the county knows what is wants to look like in 50 years and guide the development, she did not think it should proceed.
Steve Foister, 7210 State Rte. H, which is directly across Rte. H from this development. One of his concerns was regarding the Fire District in southern Boone County, which is strictly volunteer. Their finances are limited, and they do not have the equipment to put in a building to protect the industrial park, not to mention the possible toxic hazards which they would encounter.
Charlie Decharm, 871 State Rte. MM, said it appears that it is unsure if the intersection would be improved before the increased traffic occurs. When there is worse traffic, more people will die. He did not think one life was worth this development.
* * * * *
Craig Van Matre, legal counsel, Van Matre Law Firm, 1103 East Broadway, Columbia addressed the commission on behalf of the owner/developer. He said those that know him, know he is capable of going the full 10 minutes and then some, but he did not think he needed to do that.
The arguments against the industrial park could easily be made against the airport. The airport occupies a lot more space, the fuels (gasoline) are highly toxic. The danger of any travel or transportation in that area could easily justify closing the airport and never allowing it to be built in the first place. All of the objections to the project could easily have been lodged and could be sincerely lodged against the continued existence of the airport. He did not think any responsible person would say, "oh yes, we need to shut down the airport because of the threat, and because people will die".
Progress through the years had our predecessors tearing down hill sides to make room for buildings, paving highways across country, and putting in the railroads for progress. With each increment of progress the environment was arguably spoiled but would we go back to that simpler time? They have tried to present the best experts to present the plan. A plan that answered all of the questionable concerns.
They had asked for requirements that needed to appease the commission and they would meet the requirements. Mr. Levy’s private life has been pried into. He has been told that a lack of track record is a bar to being a developer here. Knowing this they asked for the design to have safeguards so it would not matter who develops this and they would agree to it.
They have done everything in their power to meet every single objection. Hired the best experts, gave the best science but they can not match anecdote for anecdote, or emotion for emotion. Mr. Van Matre asked "are we going to have the courage to allow further progress in this community or are we going to stagnate?" He asked to have faith in the staff and Commission’s ability to make it an advantage to the community and not a disadvantage. If the Commission had questions, additional changes to the plan or additional restrictions, they were all ears. He thanked the Commission for the considerable amount of time spent on this project.
Chairman Schnarre closed the public hearing.
Chairman Schnarre stated he had calls from both sides during the last two months.
Commissioner Kirkpatrick said he did not have any more questions, they had beat on the old horse so long, he was feeling sorry for it. He agreed the infrastructure did not exist. He liked the basic concept and had no problem with an industrial park. It simply was in the wrong place. He stated that this is an "Industrial Park, based on the proposed uses, and not a "research park" as it had been called.
Commissioner Grace said his concern is that in all the time that has passed, the hearing in December, and the Commission work sessions, he did not hear that the City of Columbia was willing to make a comment. He had been advised that they were waiting to see what Planning and Zoning did. Now, tonight the letter given to him from Mayor Hindman, City of Columbia shows they are willing to make a stand. His interpretation of the letter is that the Mayor thinks it is a great idea and should go in Columbia. Commissioner Grace stated that this could be added tax base for Southern Boone County besides residential which would help the school system. If eventually a research park comes to Boone County but goes to the City of Columbia the millions of tax dollars would go to Columbia. The jobs would still be created, people would still want to live in the county, the pressure of the residential use will still be in Southern Boone County without the additional tax base. He thought one day this would happen in Boone County. He did not have the answer. Is it this project, or a later project, or 20 to 50 years down the road?
Chairman Schnarre said he did not appreciate receiving the letter from Mayor Hindman at the "Last Hour" when they had been asking for comments from the city all along. Commissioner Grace and Commissioner Falco agreed.
Commissioner Sloan wanted to commend people on both sides of this issue. There had been controversy regarding Mr. Levy, but when he came into Planning & Zoning with a proposal, he came in well prepared and tried to present a "good look" at what he wanted to do. People opposed to the this were very well informed, spoke with passion and with emotion. Particularly people who live in that area directly. They have been gracious enough to listen to the other side. Regarding Mayor Hindman’s letter, she shared the comments with the other Commissioners. She was dismayed with some of the comments in other letters she had received. She wanted everyone to know how much time the P & Z Commission did put into trying to understand the issue and the ramifications of pro’s and con’s. The study sessions were open to the public, they could have attended, could have seen what the Commission was trying to accomplish. She said there were a couple of public meetings in Englewood, one of which she attended. A lot of time by the Commissioners had been given to the project.
Commissioner Falco agreed with Commissioner Sloan, he added that it was a good basic project and had some value to it. The Master Plan land use for the area showed it going either way. However, without any sort of infrastructure existing there at all, he wanted to preserve the agriculture perspective.
Commissioner Marley said he was the only one on the Commission that would be a neighbor. What ever happens tonight he would look everyone in the eye when he passes them on the street or road. He said before it would not be a hard decision when all the evidence was on the table. With all the evidence on the table, he is opposed. He would love to have a business development, being an insurance agent. He is not looking at it from a personal perspective. The comment of Mr. Van Matre regarding "courage", he considered it a slap in the face to all the commissioners. He said they would not have taken this responsibility if they did not have the guts to do what had to be done. He is not against advancement. Being objective and foresighted, there are a lot of "ifs", so he is opposed to the request.
Chairman Schnarre said he had given quite a bit of thought to this issue and came to a conclusion. Not hearing any more information tonight during the public hearing that would jar his mind the other way, he has a full reason on the decision. There are designs and capabilities to do the infrastructure and roads, it is just a matter of dollars. There are four other reasons why he is opposed to the rezoning.
He looked at a 1993 plat book when the land was owned by Janka Development Corp.; the 1996 plat book showed where the land was owned by International Ventures Corp. , so some time between 1993 and 1996 the land changed hands. When the land changed hands it was zoned as A-1, the person who bought the land knew it was zoned A-1. In all his training with Planning & Zoning, he has not seen or been told were they "have" to change zoning. The zoning was in place in 1973. Most of the time when zoning is changed, it is done out of the goodness of the hearts of the Commissioners. He explained his reasons for being opposed to the request.
Chairman Schnarre stated that that is why he cannot support this request.
Commissioner Kirkpatrick asked to read into the record from the Boone County Zoning Regulations, page 65 paragraph g.
"An applicant for a change in the Zoning District Map shall have the responsibility to
demonstrate to the Planning Commission and the County Commission by competent,
substantial evidence that the proposed change in the zoning District Map is justified".
Commissioner Kirkpatrick stated even though the applicant has worked very hard, he had yet to see any demonstration that the change in zoning is justified.
Commissioner Fugit stated the lack of infrastructure and environmental impact concerned him. The project was just in the wrong place.
Commissioner Marley made and Commissioner Falco seconded a motion to DENY the request by International Ventures Corp. to rezone from A-1 (Agriculture) to M-LP (Planned Industrial) on 224.3 acres, more or less, located at 7201 E Hwy. H, Columbia.
Ron Marley yes Joe Falco yes
Keith Kirkpatrick yes Mary Sloan yes
Darin Fugit yes Keith Schnarre yes
Bill Grace no
Motion to DENY was approved. 6 yes 1 no
Director Shawver advised even though the rezoning was denied, the Commission needed to act on the Review Plan.
Commissioner Kirkpatrick made and Commissioner Marley seconded a motion to DENY a
Review Plan for Centre Pointe Research Park Planned Industrial Development,
on 224.3 acres, more or less, located at 7201 E Hwy. H, Columbia.
Keith Kirkpatrick yes Ron Marley yes
Keith Schnarre yes Bill Grace yes
Darin Fugit yes Joe Falco yes
Mary Sloan yes
Motion to DENY was approved. 7 yes
Director Shawver stated the County Commission had indicated to him that if the rezoning was approved, they would like to schedule a public hearing at a later date in Ashland. If the rezoning is denied and the applicant appeals, there would be an announcement on the date, time and location of where the hearing would be held.
Director Shawver introduced Ryland Rodes a Planning Technician to the Commission. He has worked for the department for approximately one and half years. Director Shawver advised staff member Don Abell is planning to return to school in the summer to obtain an engineering degree. We still hate to loose Mr. Abell, but Mr. Rodes is considering moving up in the staff. Chairman Schnarre and other Commissioners wished best of luck to Don.
Being no further business the meeting was adjourned at 9:18 p.m.
Minutes approved on this 20th, day of March , 1997.