City of Columbia, Missouri  
Meeting Minutes  
Planning and Zoning Commission  
Columbia City Hall  
Council Chambers  
701 E. Broadway  
Thursday, February 24, 2022  
7:00 PM  
Regular Meeting  
I. CALL TO ORDER  
MS. LOE: I would like to call the February 24th, 2022, Planning and Zoning  
Commission  
meeting to order.  
II. INTRODUCTIONS  
MS. LOE: Commissioner Carroll, may we have roll call, please?  
MS. CARROLL: Commissioner Placier?  
MS. PLACIER: Here.  
MS. CARROLL: Commissioner Kimbell?  
MS. KIMBELL: Here.  
MS. CARROLL: I'm here.  
MS. CARROLL; Commissioner Loe?  
MS. LOE: Here.  
MS. CARROLL: Commissioner Stanton?  
MR. STANTON: Here.  
MS. CARROLL: Commissioner Burns?  
MS. BURNS: Here.  
MS. CARROLL: Commissioner Rushing?  
MS. RUSHING: Here.  
MS. CARROLL: Commissioner MacMann?  
MR. MacMANN: (Silence.)  
MS. CARROLL: Commissioner Geuea Jones?  
MS. GEUEA JONES: Here.  
MS. CARROLL: We have eight present, we have a quorum.  
MS. LOE: Thank you.  
8 -  
Present:  
Absent:  
Tootie Burns, Sara Loe, Joy Rushing, Anthony Stanton, Valerie Carroll, Sharon  
Geuea Jones, Robbin Kimbell and Peggy Placier  
1 - Michael MacMann  
III. APPROVAL OF AGENDA  
MS. LOE: Mr. Zenner, are there any adjustments or additions to the agenda?  
MR. ZENNER: No, there aren't, Madam Loe.  
MS. LOE: Thank you. I'll take a motion on the agenda.  
MS. BURNS: I move to approve.  
MS. GEUEA JONES: Second.  
MS. LOE: Moved by Commissioner Burns, seconded by Commissioner Geuea  
Jones. I'll take thumbs up approval on the agenda.  
Commissioner Placier?  
MS. PLACIER: Yeah.  
(Unanimous vote for approval.)  
MS. LOE: Unanimous.  
Move to approve  
IV. APPROVAL OF MINUTES  
8 -  
Present:  
Tootie Burns, Sara Loe, Joy Rushing, Anthony Stanton, Valerie Carroll, Sharon  
Geuea Jones, Robbin Kimbell and Peggy Placier  
1 - Michael MacMann  
Absent:  
February 10, 2022 Regular Meeting  
MS. LOE: Everyone should have received a copy of the February 10th meeting  
minutes. Were there any edits or changes to the minutes?  
MR. STANTON: I move to approve the minutes.  
MS. GEUEA JONES: Second.  
MS. LOE: Moved by Commissioner Stanton, seconded by Commissioner Geuea  
Jones. I'll take a thumbs up approval of the minutes.  
(Unanimous vote for approval.)  
MS. LOE: It looks unanimous. Thank you everybody.  
Move to approve  
V. WITHDRAWN ITEMS  
Case # 43-2022  
A request by the Law Firm of Haden and Colbert (agent) on behalf of Columbia's  
Woodcrest Chapel (owner) to rezone their property from A (Agriculture) to M-N  
(Mixed Use-Neighborhood) to allow additional commercial use of the property. The  
approximately 9.56-acre property is located at the northwest corner of Nifong  
Boulevard and Sinclair Street, and includes the address 2201 W Nifong Blvd. (This  
item has been WITHDRAWN by the applicant).  
MS. LOE: All right. That brings us to our first item of the evening, which is a  
withdrawn item.  
MS. LOE: This item has been withdrawn by the applicant. Are there any  
additional staff comments?  
MR. ZENNER: This was an item that was tabled to this date certain, the  
withdrawal has been  
submitted by the applicant due to issues that arose in trying to address the straight  
zoning aspects. We anticipate that a revised application will be forthcoming for  
potentially a planned zoning district. And once we receive that, we will begin the review  
process on it, and we'll keep the Planning Commission informed accordingly. There may  
be individuals here in the audience that did come anticipating this item was going  
to be a public hearing this evening, and my advice to the Chair would be that they be  
called for those  
particular comments that may be captured for the minutes.  
MS. LOE: Thank you, Mr. Zenner.As staff said, this was an advertised item, so  
if there are any public -- it was not advertised -- it was advertised -- if there are any public  
that would like to make any comment on this case this evening, you can come forward  
and do so.  
PUBLIC HEARING OPENED  
MS. LOE: Seeing none. We will close comment on Case 43-2022.  
CLOSE PUBLIC HEARING  
MS. LOE: Is any action required on --  
MR. ZENNER: No, there is not, ma'am.  
MS. LOE: -- the Commission? Okay. Thank you.  
VI. SUBDIVISIONS  
Case # 73-2022  
A request by Engineering Surveys & Services (agent) on behalf of Conley Road  
Investments, LLC (owners) for approval of a 4-lot final plat to be known as, Conley  
Marketplace. The 18.44-acre parcel is located on the north side of the Conley Road  
Walmart, just west of the intersection of Conley Road and Business Loop 70.  
MS. LOE: That moves us on to subdivisions. The first case is:  
MS. LOE: May we have a staff report, please?  
MR. PALMER: Yes, you may. Thank you, Madam Chair. Real quick, there  
were seven postcards sent for this property on January 11th, so that was our public  
notice for this case. Here is an aerial view, you can see the Country Club of Columbia  
there pretty prominently to the north and west of the property. Obviously the  
Walmart/Lowe's shopping center there to the south. And then you can see from this  
aerial, it's a little older, it's got the construction of the connector of Business Loop down  
to Conley. And then actually at the new signalized intersection here, the roadway  
actually changes from Business Loop to Conley Road. So we have frontages technically  
on two roads, but the one continuous roadway around the corner there. As you said, it's a  
four-lot final minor plat. It's going to create three current development lots, one with a  
perspective buyer, the other two kind of speculative. The larger lot that you'll see in a  
minute to the west is intended for a future development, and possible future subdivision  
as well, so we may see the property again for that purpose. Access, again is provided by  
private streets internally that are entering from Business Loop. You can see the existing  
private streets on the aerial there. And if you've been out there you know that that  
intersection enters, then you have to take a left turn to get into the Walmart parking lot to  
the south. So a little background there. The north access road for the purposes of this  
plat will actually have to be reconfigured and moved to the west. Everything north of the  
Conley entrance will be moved to accommodate the larger lot which you'll see in a  
minute. Site served with all utilities. And in relation to the road being moved, and the lot  
being larger than what was anticipated, the utilities will also have to be moved. And I'll  
get into that in detail as well. Lastly, there is an electric easement that's dedicated  
across the plat, which you'll see.  
I think this went completely backwards on me. But anyway, so this is the plat, you can  
see lot 2 to the north is the one that is a little larger than I guess was anticipated initially,  
and you'll see that there  
are easements circumnavigating that lot. Hopefully these will work. These are existing  
sewer utilities or  
utility easements, those obviously kind of encumber the buildable area of the property,  
and so they will be  
replaced by these two easements. They are dedicated by this plat. Initially the applicant  
was hoping to  
vacate the existing easements across lot 2, so everything north of the property line here  
in this area  
was intended to be vacated. Due to kind of how things are processed, and the way the  
sewer department accepts new utilities, we have to leave that on the plat, and that will be  
vacated at a later date separately.  
So right now the plat can move through, and they can get building permits, we're just  
leaving them on there.  
A couple of other things here. Well, I didn't include that. There is -- as I said, there was  
the new green easements here. And then the electric easement that circumvents the lot  
is out here. There is utility easement that's standard along the frontage and it connects  
to that and goes across the lot to get  
back to lot 1 to serve it. So that's dedicated by the plat as well. Additionally, there was a  
gap that was left by the arrangements of lot 3 and 4, and so there is an easement in this  
white space here that I'm trying to point to, that's 12-feet wide that's dedicated by the plat  
as well.  
So as you can see a lot of thought process went into serving all of the different lots with  
the appropriate utilities, and they've got that addressed, so -- if I can get out of here --  
Yeah, now they're coming up, earlier they didn't. So, yeah, the blue there is another  
important thing. That was actually dedicated as street easement previously, as kind of  
the apron if you will for turning into the site right here, and as a new kind of requirement  
the city requires everything street related to be right-of-way and not easement, so we've  
asked that they go back, and if we have a plat that comes in, they rededicate that street  
easement as right-of-way. And so that's what's indicated here. You can see, if you can  
read the note, it says, "Land for additional street right-of-way." And then up here it says,  
"Street and utility easement recorded," blah blah, blah. So we're showing that the street  
easement exists and we're rededicating it as right-of-way.  
So -- Let's see. So we kind of touched base on these, but those unneeded easements  
across the property will be vacated separately once the new infrastructure is installed and  
accepted by the sewer utility. The plat does meet the requirements of the UDC; however,  
it does require a few minor technical corrections, which I think we actually address today,  
and we have a new plat here for you. So those should be taken care of. And with that I  
would give you our recommendation as for approval of Conley Marketplace final plat.  
MS. LOE: Thank you.  
MR. PALMER: I think we would go ahead and approve it pursuant to the minor  
technical corrections though, too, just to be safe.  
MS. LOE: Thank you, Mr. Palmer. Before we move on to questions of staff, I  
would like to ask any commissioner who has had any ex parte related to the case, to  
please disclose that now so all commissioners have the benefit of the same information  
on the case in front of us. Being none. Are there any questions for staff? Commissioner  
Placier?  
MS. PLACIER: I have just one. Could you point out on I guess the -- that map,  
good, where the  
entrances and exits are exactly?  
MR. PALMER: So currently the main entrance is accommodated here with an  
easement, that's  
the yellow I've indicated --  
MS. PLACIER: Okay.  
MR. PALMER: -- and the blue also. And currently the private street comes in  
and T's off here, and these red lines for the sewer easements, those are basically under  
the roadway in that location, so you can follow those. And back on the aerial again, if I  
can get to one, you can see those under my red hashes, you enter on the -- basically if  
you come in on Conley, you can go straight across, and then enter Walmart from the  
north, as opposed to out on Conley, so that's why those were --  
MS. PLACIER: Thank you.  
MR. PALMER: -- that was all part of the intersection improvements was to kind  
of push traffic  
that direction instead of down Conley.  
MS. LOE: Any additional questions for staff? Seeing none. We will open up the  
floor to public comment, if anyone has any comments they would like to share on this  
case, you are welcome to come up to the podium.  
PUBLIC HEARING OPENED  
MS. LOE: Seeing none. We'll close public comment on this case.  
PUBLIC HEARING CLOSED  
MS. LOE: Commission discussion? Commissioner Stanton?  
MR. STANTON: Madam Chair, if there is noother questions from my colleagues,  
I'd like to entertain a motion. As it relates to Case 73-2022, Conley Marketplace Final  
Plat, I move to approve the  
final plat pursuant to minor technical corrections.  
MS. RUSHING: Second.  
MS. LOE: Seconded by Commissioner Rushing. We have a motion on the floor.  
Any discussion on this motion? Seeing none. Commissioner Carroll, may we have roll  
call, please?  
MS. CARROLL: Commissioner Placier?  
MS. PLACIER: Yes.  
MS. CARROLL: Commissioner Kimbell?  
MS. KIMBELL: Yes.  
MS. CARROLL: My vote is "yes". Commissioner Loe?  
MS. LOE: Yes.  
MS. CARROLL: Commissioner Stanton?  
MR. STANTON: Yes.  
MS. CARROLL: Commissioner Burns?  
MS. BURNS: Yes.  
MS. CARROLL: Commissioner Rushing?  
MS. RUSHING: Yes.  
MS. CARROLL: Commissioner Geuea Jones?  
MS. GEUEA JONES: Yes.  
MS. CARROLL: We have eight votes to approve, the motion carries.  
MS. LOE: Thank you. Recommendation for approval will be forwarded to City  
Council. That brings us to our next subdivision case for the evening.  
As it relates to Case 73-2022, Conley Marketplace Final Plat, move to approve  
the final plat pursuant to minor technical corrections.  
8 - Burns, Loe, Rushing, Stanton, Carroll, Geuea Jones, Kimbell and Placier  
Yes:  
1 - MacMann  
Absent:  
Case # 80-2022  
A request by Crockett Engineering (agent), on behalf of MFL Golf, LLC (owners), for  
approval of a 2-lot preliminary plat to be known as, "MFL Golf, LLC , Plat." The  
121.22-acre parcel is located at the eastern terminus of Van Horn Tavern Road. The  
purpose of the plat is to relocate and establish right of way for Van Horn Tavern Road  
and confer legal lot status to the proposed two lots upon recording of a subsequent  
final plat.  
MS. LOE: May we have a staff report, please?  
MR. PALMER: Yes, you may. Thank you, Madam Chair. As you said, it's a  
two-lot preliminary  
plat. Advanced public info postcards were sent on the 2nd, and they were sent to seven  
adjacent property owners.  
So real quick, we want to just put this out there, one of the technical corrections came  
about because our law department reviewed this case since the publication of the  
agenda, and raised concerns about a note on the plat regarding responsibilities for  
construction of Van Horn Tavern once it's re-established through the lot. And we have  
removed that note from the plat. And it's no longer a concern, but you -- we will talk  
about it a little bit. And you may have seen it on the plat if you look through there. I think  
that pretty much covers it. Don't you?  
MR. ZENNER: It does. We will raise -- answer any questions that are  
associated --  
MR. PALMER: Right.  
MR. ZENNER: -- with that if they should arise. The roadway will be constructed  
at a future date; however, the way that the note was originally structured was, as Mr.  
Palmer just stated, troubling with the law department. We conferred with the applicant,  
we have a solution that we will be discussing internally with our staff that would be  
executed at the time of final platting. So it is not a matter that we wanted to have on the  
preliminary plat at this point, but we do have a strategy for how we will handle it moving  
forward. Any further questions, we can answer them at the appropriate time.  
MR. PALMER: So this is the aerial view. You see I-70 pretty clearly cutting  
through there. Midway is in the upper left-hand corner. And then you come back down  
Van Horn Tavern, past Midway, USA, and then the golf course, and outdoor recreation  
facilities there at the end of the road. The road you see cutting through the site is the old  
Van Horn Tavern, it was actually vacated by MoDOT back in 1999. So part of this plat  
obviously was to include the future right-of-way to reestablish Van Horn Tavern, because  
of that right-of-way you'll see in a moment, it actually results in the two lots instead of  
one.  
You may remember this property came through seven/eight months ago to be annexed  
for the purposes of gaining sewer access. And at that time it was permanently zoned  
generally O, except for a six-acre piece in the middle where their business is located,  
which is zoned M-N to meet that standard. Again, Van Horn Tavern vacated in '99;  
however, the main reason we want it back is because it remains on our CATSO Major  
Roadway Plan as a major collector. And they are showing appropriate right-of-way width  
for a major collector on the prelim plat here. A connection across Perche Creek to I-70  
Drive Southwest is eventually intended; however, it does likely require construction -- well,  
it will require construction of two different bridges, and so the timing and final build-out of  
that is very tentative, and very theoretical at this point, so -- Here is the plat.  
You can see the greyed area is the Van Horn Tavern, plus all of their kind of facilities are  
shown in grey as well, outside of the building's footprint. The kind of dash line in the  
middle, that's the zoning boundary, so this area is zoned M-N. Everything else is zoned  
for open space, which is appropriate. The new Van Horn Tavern right-of-way makes this  
kind of S curve up to the northern boundary, and then there is this gap here which is  
actually a MoDOT right-of-way that was originally gained as -- there may actually be  
some drainage easement there as well, and that was due to the bridge abutment taking  
up more space than the rest of the highway does. So in that location, the highway  
widened out a little bit to support the bridge that then crosses over Perche Creek. So  
they have shown that the right-of-way will kind of jump over that and share a space in the  
MoDOT right-of-way, that's actually been indicated as maybe an issue, so some of the  
roadway right-of-way may be widened in locations. It may be relocated just outside of  
that MoDOT right-of-way at some point, but generally it will remain kind of the same  
route, it will traverse the northern property line as closely as possible, and we'll go from  
there. And again that's something that will be ironed out before the final platting of the  
property.  
Again we've got two lots, the resulting lot up here on the northwest corner, and then  
everything else is on a separate lot on the other side of the roadway. Again this plat is  
going to require some minor technical corrections, one being an inadequate stream  
buffer. It looks like a drawing error in the CAD, basically it should be 100 feet, and it  
should be continuously 100 feet, and a couple of spots it dropped below that, so they'll be  
fixing that. Again the right-of-way does require some modifications potentially for topo in  
conflicts with the MoDOT right-of-way, so that will also be addressed. So with that, our  
recommendation would be for approval of the MFL Golf preliminary plat pursuant to those  
minor technical corrections. I'm happy to answer any questions for you.  
MS. LOE: Thank you, Mr. Palmer. Before we move on to questions for staff on  
this case, I would like to ask any commissioners who have been -- had any ex parte, to  
please share that with the Commission so all commissioners have the benefit of the  
same information on the case in front of us. None. Are there any questions of staff?  
Commissioner Geuea Jones?  
MS. GEUEA JONES: This question is for legal. Would us taking an action on  
this tonight in any way affects the quiet title dispute that's going on right now with regard  
to the easement?  
MS. THOMPSON: Not to my knowledge, no.  
MS. GEUEA JONES: Okay. So we aren't accidentally picking winners and  
losers in a related matter?  
MS. THOMPSON: No, I don't think that should be a consideration in your all's  
determination this evening.  
MS. GEUEA JONES: Correct. I'm just making sure we don't accidentally do  
something out of our purview. Thank you.  
MS. LOE: Any additional questions for staff? Following on Commissioner Geuea  
Jones' question, Mr. Palmer, with the moving of the right-of-way for Van Horn Tavern  
Road, is there a reason that the 30-foot right-of-way access easement wasn't extended?  
MR. PALMER: So the property owner to the south does still have access --  
MS. LOE: We discussed this at the last --  
MR. PALMER: Yeah. Via UU. And then also the applicant has indicated that  
they intend to, you know, maintain that current access across their property, so it's  
another issue that will be ironed out before we move forward with the final plat, I think, but  
their -- this plat is not doing anything to really impact that access. If that makes any  
sense.  
MS. LOE: Any additional questions of staff? Seeing none at this time. We will  
open up the floor to public comment.  
PUBLIC HEARING OPENED  
MS. LOE: If you have public comment, please state your name and address for  
the record.  
MR. CROCKETT: Madam Chair, members of the Commission, Tim Crockett,  
Crockett Engineering, 1000 West Nifong. You know, I believe the staff did a pretty good  
job illustrating this project here before you tonight. This is a preliminary plat. This project  
came before you several months ago with regards to the zoning of the property. The City  
Council did annex it and did zone the property. Again, it's Midway Golf & Games, and  
what they want to do, the intent and purpose of this, is so they can expand their existing  
facility. That's what their purpose and intent of the plat is. We'd work with the previous  
city manager, as well as the public works director, with regards to the extension of Van  
Horn Tavern through this property for future construction. The biggest idea, the biggest  
issue there, is that the City doesn't know if that's going to take place or not, but what  
they don't want to do is have to require the right-of-way through this existing business in  
the future, they want to secure the ability to obtain this right-of-way at no cost in the way  
doing it, and we don't know exactly where that right-of-way is going to be. And we think  
we can handle it. And I've talked with Ms. Thompson with regards to how we can  
address this on the final plat moving forward, and I think my client would be in agreement  
to that, and don't think it's going to be an issue, so it's -- that can be resolved. The  
biggest issue is, is making sure that the City maintain that right-of-way at no cost and --  
if and when they need it in the future. With that, I'm happy to answer any questions.  
MS. LOE: Thank you, Mr. Crockett. Are there any questions for the speaker? I  
see none.  
MR. CROCKETT: Thank you.  
MS. LOE: Thank you. Any additional speakers on this case?  
MR. FRITZ: Hello. I'm Scott Fritz, representing the Fritz Family Gift Trust. I try  
and bring up the right-of-way --  
MR. STANTON: Address, sir?  
MR. FRITZ: Sorry?  
MR. STANTON: Address. Address.  
MR. FRITZ: Oh, sorry. 216 North Strawn Road. My apologies.  
MS. LOE: Thank you.  
MR. FRITZ: I'm not a regular. The -- so we have the right-of-way up to the old  
Van Horn Tavern Road, and we're trying to ensure that we continue to have access  
through that because there is times when the creek that intersects between Highway UU,  
and that piece of property, makes it impassable. And it seems like we keep moving  
forward with a lot of things, but nothing ever gets addressed in regards to our right-of-way.  
I want to make sure that I get that in front of you. And I appreciate your concerns.  
MS. LOE: Thank you. Are there any questions for this speaker? Commissioner  
Placier?  
MS. PLACIER: Well then what would you request that we do about your  
MR. FRITZ: Well, we've been assured by MFL that they will get something in  
concern?  
writing to us repeatedly over the last seven months, and nothing seems to be  
forthcoming, so that's why I keep appearing at these meetings. I'd rather not be here if I  
could avoid it. But I would like to see something formal and official so that we have a way  
that we can assure that we get -- are able to get in and out through the way that we have  
been using for the past 30 years.  
MS. LOE: Any additional questions for this speaker? Commissioner Geuea  
Jones?  
MS. GEUEA JONES: If I remember correctly  
from the previous hearing, I think your right-of-way is at least denoted on this plat, do you  
not feel that's sufficient?  
MR. FRITZ: It is denoted to what is going to become a piece of private property,  
a bridge to nowhere if you want to think of it that way, if that  
-- if we don't have access to that road. The 30-foot right-of-way is on a raised strip of  
land, this land is  
in a floodway, not just a flood plain, so the strip that goes from our property to Van Horn  
Tavern Road is  
on a raised -- not really a levy, but it's sort of like a levy that gets out to there. If the road  
is extendedup to the north, and we have to go through golf course ponds and things like  
that to get there, it's not going to be an effective right-of-way for us. So that's my concern  
is the right-of-way currently goes to a raised concrete road that we can get out to the  
world, and I don't see anything that's going to assure me of that in the future. And there  
is no guarantee from MFL that that roadbed that stays -- that is there currently,  
stays in place. I really don't know the plans, so that's my concern.  
MS. GEUEA JONES: I think what we're hearing is there really aren't plans at  
least not to move that road in the future.  
MR. FRITZ: Right. And I -- but I have no assurances.  
MS. GEUEA JONES: I see.  
MR. FRITZ: And so that's my concern.  
MS. GEUEA JONES: Thank you for coming again.  
MS. LOE: Any additional questions for this speaker? I see none. Thank you.  
Any additional  
speakers on this case? If there are none, we will close public hearing.  
COMMISSIONER BURNS: Could we keep it open?  
MS. LOE: We will keep public comments open.  
COMMISSIONER BURNS: Could I ask  
Mr. Crockett to step back up to the microphone just to ask a question? Thank  
you.  
MR. CROCKETT: Yes, ma'am.  
MS. LOE: And we'll need your name and address again.  
MR. CROCKETT: Tim Crockett, Crockett Engineering, 1000 West Nifong.  
COMMISSIONER BURNS: I appreciate you coming back up. I know that we did  
talk about this when we were looking at the annexation, are you comfortable or could you  
give any assurances, Mr. Crockett, that what Mr. Fritz is concerned about is being  
addressed and he will have satisfaction that the right-of-way will remain?  
MR. CROCKETT: Sure. Let me start first of all by making a clarification, MFL  
Golf is the landowner, so the operator of Midway Golf & Games is a tenant. So just so  
we're clear on who we're working with here. Midway Golf & Games is a tenant of the  
property, and then MFL Golf is a separate owner that has no ownership in the operation  
side of things. Just so there is clarification there. With regards to Mr. Fritz's concern,  
yes, there is an easement there. There is an easement that grants -- that granted -- that  
grants his property access through my client's property to the old right-of-way. When  
MoDOT vacated that right-of-way, his easement stays in effect, it's still there, it goes to  
that old right-of-way, but it goes to nowhere as he has indicated. It doesn't go anywhere.  
I have -- had talked to my client's attorney who has said that we will obli- -- we will honor  
and obligate -- or honor those easements as stated. We're not going to let them go  
away. We're not going to -- you know, to vacate them, or get rid of them, or not honor  
them. We're going to honor those easements at all times. That's what they've  
committed to doing, that's what they've done since -- you know, since that right-of-way is  
vacated, so they fully intend to keep on doing that.  
COMMISSIONER BURNS: And that's the owner. So then the tenant, as they  
develop the  
property, and put in golf course, or games, or whatever, I remember seeing the site plan --  
MR. CROCKETT: Yeah, they have to honor --  
COMMISSIONER BURNS: -- they wouldn't be able to impede that right-of-way?  
MR. CROCKETT: No, they cannot impede upon that. No, it's a restriction that  
goes with the ground, with the property, and so if the tenant were to impede on that, Mr.  
Fritz has a -- he has a legitimate complaint to the owner because his tenant is impeding  
access through that right-of-way -- or, excuse me, through that easement.  
COMMISSIONER BURNS: Thank you, Mr. Crockett.  
MR. CROCKETT: Thank you.  
MS. LOE: Okay. Just for the record the previous questions were being asked  
by Commissioner Burns. We will close public comment.  
CLOSE PUBLIC HEARING  
MS. LOE: Commissioner comment? Commissioner Stanton?  
MR. STANTON: If there is not any questions from my colleagues, I would like to  
entertain a motion. As it relates to Case 80-2022, MFL Golf Preliminary Plat, I move to  
approve the preliminary  
plat pursuant to minor technical corrections.  
MS. GEUEA JONES: Second.  
MS. RUSHING: Second.  
MS. LOE: I'm going to say Commissioner Geuea Jones got in there first, so  
seconded by Commissioner Geuea Jones. We have a motion on the floor, any discussion  
on this motion? Seeing none. Commissioner Carroll, may we have roll call, please?  
MS. CARROLL: Commissioner Placier?  
MS. PLACIER: Yes.  
MS. CARROLL: Commissioner Kimbell?  
MS. KIMBELL: Yes.  
MS. CARROLL: My vote is "yes". Commissioner Loe?  
MS. LOE: Yes.  
MS. CARROLL: Commissioner Stanton?  
MR. STANTON: Yes.  
MS. CARROLL: Commissioner Burns?  
MS. BURNS: Yes.  
MS. CARROLL: Commissioner Rushing?  
MS. RUSHING: Yes.  
MS. CARROLL: Commissioner Geuea Jones?  
MS. GEUEA JONES: Yes.  
MS. CARROLL: I have eight votes to approve, the motion carries.  
MS. LOE: Thank you. Recommendation for approval will be forwarded to City  
Council.  
As it relates to Case 80-2022, MFL Golf Preliminary Plat, move to approve the  
preliminary plat pursuant to minor technical corrections.  
8 - Burns, Loe, Rushing, Stanton, Carroll, Geuea Jones, Kimbell and Placier  
1 - MacMann  
Yes:  
Absent:  
VII. PUBLIC HEARINGS  
Case # 78-2022  
A request by Crockett Engineering (agent), on behalf of LOCALE23 LLC (owner),  
seeking the rezoning of two parcels from PD (Planned Development) to M-N  
(Mixed-Use Neighborhood). The 17.92-acre subject site is located southeast of the  
intersection of Lenoir Street and East Sugar Grove and commonly addressed as  
4130 and 4150 Lenoir Street.  
MS. LOE: May we have a staff report, please?  
MR. KELLEY: Yes. Thank you, Madam Chair. And for the purposes of the  
minutes, this is  
Brad Kelley speaking as well. As you mentioned the request is to rezone the property  
from PD to M-N. Originally this request was to rezone from PD to M-C, that's what was  
advertised, but the applicant changed the request to rezone this to M-N. Public notice  
was given for this in the form of postcards on January 26th. And advertised on February  
8th.  
To give context to the site, it's fronting on Lenoir Street here, seen between Grindstone  
and a -- Discovery interchanges. Lenoir Street kind of serves as an outer road here  
between the two interchanges, and then adjacent to the Sugar Grove Street here as well.  
To the north is residential property zoned R-MF that serves as a Lutheran Senior  
Services. And to the east as ag property that is owned by the University of Missouri and  
improved with the Discovery Research Park. On the left you can see a graphic for zoning  
that I'll be referencing later.  
To give some background, the site previously contained the Sunshine and Ed's Mobile  
Home Park, it was annexed in 2007, and zoned CP, and this was modified in 2015. The  
current Statement of Intent permits uses that are similar to M-N today that - the  
Statement of Intent had some restrictions that went along with it as well, including  
requiring a traffic study and -- that would go along with the development planned. And  
also required that the developer would be responsible for improving any -- or completing  
any improvements that were recommended through the traffic study. It also required that  
the property be platted. And gave some restrictions for the maximum gross floor area of  
the site, maximum height, and minimum open space to be retained. No CP plan has  
been submitted, nor has one been approved as to date.  
The modification in 2015 was just to increase the gross floor area by about 20,000 square  
feet and to include the option of a hospital as a hospital was interested in locating to this  
site. This area is kind of in a -- has some mixed development patterns. To the north is  
developed. And across the Highway 63 is developed as well. To the east, it's mostly  
unimproved land, but once again owned by the University. While it is zoned ag, it --  
they're not subject to local land use controls, so zoned ag, but they're able to develop  
beyond that basically, evidenced by the Office and Research Park that's there now. It is  
located at the intersection of two collector streets. And it was within half a mile of these  
two freeway interchanges. One is more significantly developed, and has been for some  
time. And then the other has been ongoing significant development since the site was  
originally zoned CP. And generally around that interchange it's mostly PD. Or ag on the  
other side. Columbia Imagined, and the East Area Plan, both identified this site as a  
commercial district. Again, the applicant is requesting M-N. M-N is consistent with this  
being designated as a commercial site. And it's intended to provide for shopping and  
services and/or near residential areas. Again here is the full surrounding land use that I  
provided in the staff report in case we want to come back to this later.  
Future development of the site will require a plat to be reviewed by P&Z, then go to  
Council for approval as well. With any development, depending on its size and trip  
generation, may require a traffic study. All of this to be similar with the original  
restrictions of the Statement of Intent, so that's not necessarily being lost. All UDC  
requirements will apply. When this was originally zoned CP, we didn't have the UDC. So  
now we have protections for significant trees, climax forest, we have additional  
landscaping, screening, buffering requirements, among other things as well. And I'll -- this  
will be relevant for my next slide as well, but there have been significant changes in the  
context of this site since this was zoned CP.  
So again this is a picture of the site today, you can kind of see the more developed area  
to the northwest up here. And around this interchange. And then to -- what would be the  
south/southeast on here, you see some currently in-development parcels along either  
side of this interchange. This is a comparison I want to show you all here, is pictures  
taken in roughly 2007/2008 when this was zoned CP. So you can clearly see that the  
interchange had not been built yet, and so that was kind of in consideration of why this  
was zoned CP. Wanting to give some more consideration and thought to the context of  
the site in developing a PD plan to go with it, because there had been significantly less  
development at the time, and there has been some significant changes since then.  
Rezoning to M-N would remove the Statement of Intent and PD plan requirements, but it  
would provide additional protections via UDC. So currently there is a height restriction of  
45 feet, going to M-N would reduce that to -- or, sorry, currently the height limit is 45 feet,  
this would be reduced to 35 feet, thereby being more strict than the current PD. It would  
remove the open space requirement from 25 percent down to 15. And remove the gross  
floor area restriction as well. And I noted in the staff report that its additional height  
restriction would contribute to a potentially lower gross floor area as well. The PD is not  
seen as necessary unless significant control oversight development is seen as essential.  
And again the -- there is not much change in the permitted uses, the Statement of Intent  
uses, that are akin to M-N today. So with that, staff recommends approval of rezoning the  
site from PD to M-N. And I'm happy to answer any questions you may have.  
MS. LOE: Thank you, Mr. Kelley. Before we move on to questions of staff, I'd  
like to ask any commissioners who have had any ex parte related to this case, to please  
disclose that now so all commissioners have the benefit of the same information on the  
case in front of us. Seeing none. Are this  
Placier?  
MS. PLACIER: Yes, just some clarification on the zoning designation M-N, with  
"N" meaning "neighborhood," you know, providing some kind of access to services to a  
neighborhood. Really the only neighborhood of this is the Lutheran Nursing Home. And  
the other residential areas are across Highway 63. So I -- it's hard to make that  
connection there. So what's the rationale for M-N? MR. KELLEY: Sure, that's a good  
question. It kind of looks at the point of this as some mixed development patterns here.  
So both Columbia Imagined, the city's comprehensive plan, and the East Area Plan,  
identified the site as a commercial district, so with that it doesn't give clear direction to  
what commercial district that should be, so going into the analysis we're generally  
looking at between either M-N, Mixed-Use Neighborhood, or M-C, Mixed-Use Corridor,  
which is more intense than M-N. So kind of looking at that, we look at what uses that the  
current PD allows, those are uses that are allowed in M-N today, so the uses are - the  
uses requested are similar to what's permitted today.  
MS. PLACIER: So the idea is that to go for less intense uses, even if there is  
not directly a  
neighborhood around it, that I shouldn't take that word "neighborhood" too literally? It's --  
MR. KELLEY: Right. So there are uses allowed in the M-C that they -- may be  
more appropriate  
to serve like a regional commercial center.  
MS. PLACIER: Gotcha.  
MS. LOE: Any additional questions for staff? There are none. We will open up  
the floor to  
public comment.  
PUBLIC HEARING OPENED  
MS. LOE: If anyone has public comment, please give your name and address  
for the record.  
MR. CROCKETT: Madam Chair, Tim Crockett, Crockett Engineering, 1000 West  
Nifong. I'll be brief in my comments, I believe Mr. Kelley did a good job in his staff report  
on this project. Again I would ask that when the Commission looks at the zoning map  
that surrounds this area, there is a tremendous amount of ag-zoned property, and I think  
as Mr. Kelley indicated, a lot of that is University of Missouri, and they're exempt from  
city regulations, so they are developing their property not in an ag designation, but rather  
something more in line with a commercial designation. And so just to kind of point that  
out so when you look at the zoning map for the area, you'll think, Wow, there is a lot of  
ag property out here, but it's certainly not being developed that way. As indicated also,  
when this property was originally rezoned PD, the storm water regulation was in -- was  
very young, it had just been approved, and so we had new storm water regulations that  
really weren't -- you know, weren't tested yet, and I think there was some concern with  
that on how that will affect this property. And certainly not the UDC, the UDC was  
certainly not even thought about too much at that time. Since that time we have much  
stricter storm water controls, and the UDC, that helps protect this property, downstream  
property, as well as neighboring properties as well. So being rezoned from a PD into an  
open district I think goes along the lines of what the UDC was developed for. And so with  
that, I'm happy to answer any questions that the Commission may have.  
MS. LOE: Thank you. Are there any questions for this speaker? I see none.  
Thank you, Mr. Crockett. Any other speakers on this case? Seeing none. We're going  
to close public comment.  
CLOSE PUBLIC HEARING  
MS. LOE: Commission comment? Commissioner Geuea Jones?  
MS. GEUEA JONES: So I just want to take a minute and say thank you to the  
applicant for maybe moderating the zoning here, but -- and for coming to us as straight  
zoning. I think we've talked a lot about the UDC should mean we only use planned  
development when we absolutely have to. I understand what Commissioner Placier is  
saying about there is not really a neighborhood-neighborhood, but I think the idea of this  
being a waypoint for people who are working out at Discovery Ridge, working in some of  
the other sort of office parks that are out there, plus the residents of Lenoir Woods. I  
mean, I like the way this is shaping out, and I much prefer M-N to -- than I would to M-C.  
MS. LOE: Additional comments? Commissioner Carroll?  
MS. CARROLL: I do work at Discovery Ridge, so this would be directly next to  
my workplace. I can say that that portion of Lenoir Woods, it does have a certain  
neighborhood quality to it. There are residences that are not even attached to what would  
be kind of akin to a multifamily living building, and I think that it makes sense to have M-N  
in this location. I'm also thankful for that. It kind of provides a bit of a buffer as we go  
towards more of the heavier commercial aspects, my own workplace included.  
MS. LOE: Additional comments? Commissioner Stanton?  
MR. STANTON: If my colleagues don't have any other questions or comments, I  
would like to  
entertain a motion, Chair. As it relates to Case 78-2022, 4130 and 4150 Lenoir Street,  
Zoning Map Amendment, I move to approve the rezoning from PD to M-N.  
MS. KIMBELL: I approve. I did approve, yes. I second that.  
MS. LOE: Moved by Commissioner Stanton, seconded by Commissioner  
Kimbell. We have a motion on the floor, any discussion on this motion? Since there is  
none. Commissioner Carroll, may we have roll call, please?  
MS. CARROLL: Commissioner Placier?  
MS. PLACIER: Yes.  
MS. CARROLL: Commissioner Kimbell?  
MS. KIMBELL: Yes.  
MS. CARROLL: My vote is "yes". Commissioner Loe?  
MS. LOE: Yes.  
MS. CARROLL: Commissioner Stanton?  
MR. STANTON: Yes.  
MS. CARROLL: Commissioner Burns?  
MS. BURNS: Yes.  
MS. CARROLL: Commissioner Rushing?  
MS. RUSHING: Yes.  
MS. CARROLL: Commissioner Geuea Jones?  
MS. GEUEA JONES: Yes.  
MS. CARROLL: We have eight votes to approve, the motion carries.  
MS. LOE: Thank you. Recommendation for approval will be forwarded to City  
Council.  
As it relates to Case 78-2022, 4130 and 4150 Lenoir Street, Zoning Map  
Amendment, move to approve the rezoning from PD to M-N.  
8 - Burns, Loe, Rushing, Stanton, Carroll, Geuea Jones, Kimbell and Placier  
1 - MacMann  
Yes:  
Absent:  
VIII. PUBLIC HEARINGS & SUBDIVISIONS  
Case # 71-2022  
A request by Crockett Engineering Consultants (agent), on behalf of Curators of the  
University of Missouri (owner), to rezone a 383.43-acre site that is currently zoned A  
(Agricultural) to 313.08 acres of R-1 (One-family Dwelling), 64.73 acres of R-MF  
(Multi-family Dwelling) and 5.46 acres of M-N (Mixed Use-Neighborhood) zoning that  
will allow the development of the site with single-family housing, multi-family housing,  
and neighborhood commercial areas. The property is located on the west side of  
Sinclair Road, approximately 700 feet south of Nifong Boulevard.  
MS. LOE: This brings us to our public hearings and subdivisions. Question for  
staff, are we going to do the next two cases together?  
MR. ZENNER: If you would please read the titles concurrently, and then we will  
have to take  
separate votes on your rezoning request, and the preliminary plat, and design  
adjustments.  
MS. LOE: Thank you. So we're going to do two cases together. Case -- the  
first: Case 71-2022. A request by Crockett Engineering consultants --  
MR. ZENNER: No. Oh -- Sorry. Read them in the reverse, please, if you will?  
MS. LOE: All right.  
MR. ZENNER: Or, no. I apologize.  
MR. ZENNER: No; that's correct.  
MR. ZENNER: I apologize, I've got them set up here on the -- start where you  
were, I apologize, Ms. Loe.  
Case 71-2022.  
A request by Crockett Engineering Consultants (agent), on behalf of Curators of  
the University of Missouri (owner), to rezone a 383.43-acre site that is currently  
zoned A (Agricultural) to 313.08 acres of R-1 (One-family Dwelling), 64.73 acres of  
R-MF (Multi-family Dwelling) and 5.46 acres of M-N (Mixed Use-Neighborhood)  
zoning that will allow the development of the site with single-family housing,  
multi-family housing, and neighborhood commercial areas. The property is  
located on the west side of Sinclair Road, approximately 700 feet south of Nifong  
Boulevard.  
MS. LOE: The second case is:  
Case 59-2022.  
A request by Crockett Engineering (agent), on behalf of Curators of the University  
of Missouri (owner), for approval of a 532-lot preliminary plat that will allow the  
subdivision & development of the site with single-family and multi-family  
housing, and neighborhood commercial areas, to be known as Legacy Farms  
Preliminary Plat, with a design adjustment to Section 29-5.1(c)(3)(ii) to allow  
longer block lengths on multiple blocks. The 383-acre property is currently zoned  
A (Agricultural) and is located on the west side of Sinclair Road, approximately  
700’ south of Nifong Boulevard.  
MS. LOE: May we have a staff report, please?  
MR. SMITH: Yes. Thank you, Ms. Chairman. Just to kind of restate what we  
had said previously, so I will have kind of concurrent staff reports, I'll do case 71-2022,  
offer my recommendation, and then go right into 59-2022, and also offer the  
recommendation at the conclusion of that. And then there will be three votes; one for the  
zoning, one for the design adjustment, and one for the preliminary plat. So with that, I'll  
go ahead and start off. There is a lot of information here, this is a large piece of property,  
so I will try to go as quick as I can. If there is questions, obviously I can answer them at  
the end, and I want to leave plenty of time for questions and testimony.  
So just to recap, it is approximately 383 acres, and this site is located on the west side  
of Sinclair, south of Nifong. It's all currently zoned A for agriculture. And they're looking  
to rezone it a mix of R-1, R-MF, and M-N. It did require a public hearing. That information  
was sent out as early notification on January 25th. And advertised in the Tribune of  
February 8th. And 86 letters and postcards were sent out to surrounding property owners  
so again this is a very large site. It's actually very long north to south. It actually fronts  
along Sinclair for approximately two miles, so it's very long and skinny. So generally  
broken up between two parcels, the narrower parcel on the north, which is about a quarter  
mile deep to the west, and the southern parcel, which is about a half mile deep to the  
west.  
So this is generally the way we're going to view this tonight, given the limitations of our  
screen size, so north is going to be to the right for most illustrations we look at tonight,  
just to clarify that for everyone's viewing purposes. I've highlighted a few roads on there  
for wayfinding. So Sinclair there will be on the bottom side. Nifong is to the north of the  
site. Crabapple stubs on the west side of the site.  
So the requested zoning for the site is generally principally going to be R-1, and that is  
our single-family dwelling zoning designation. There is a sizeable piece that is also going  
to be zoned R-MF, and that is Residential Multi-Family, and it allows a range of  
residential options all of the way from apartment buildings, but also duplexes, and single  
family. Basically, the entire range of residential uses you could expect. And then  
approximately five acres of the site would be M-N, and that is Mixed-Use Neighborhood.  
So it's a commercial designation, principally designed to be located in proximity to  
neighborhoods to provide services and goods in a walkable location for surrounding  
neighborhoods.  
So this is our zoning requested for the site. Again the entire site right now is zoned A.  
This is a surrounding zoning map. So you can see from the surrounding zoning there,  
the light yellow color is the city's R-1, so that's areas that are already zoned R-1. The  
county, which is in the grey, the R-S, that is their equivalent to R-1. So as you can see,  
a lot of the property bordering this site is already single-family oriented. There are large  
blocks of agriculture out here. A lot of this piece and surrounding pieces were part of a  
annexation group in 1969, I think it was, where a large swath was annexed as ag, that's  
why you do see a lot of agriculturally-zoned property out here. And that was prior to us  
kind of zoning things when they came in at annexation.  
Directly to the east, and so this is going to be in the bottom of the screen, kind of the  
large block across Sinclair, is existing middle school, John Warner. The site actually  
borders another elementary to the north, which is Mill Creek Elementary as well. So a lot  
of this we've covered already, but just to kind of recap. So the R-1, as you can see on  
the bottom, that's the blue. Of the 383 acres, 313 will be single-family zoned. There will  
be approximately 65 acres of multifamily. And five acres of the mixed-use neighborhood.  
R-1 is a majority of the site. And if you look at the surrounding land use, which is  
generally single family, single family on this site is consistent, and in context with the  
surrounding  
zoning.  
The location of the M-N and the R-MF, what we look at when we look at a piece this size,  
when  
you look at some of the goals of the comprehensive plan, one is to provide some  
additional housing options. So at this scale, at 400 acres almost, we would expect to  
see more than just single family, and  
that's what we do see here, we see these two pockets of the R-MF. And the location of  
them is generally  
along the major roadways. So Sinclair is identified as a major collector. And we'll look --  
as we see later on in the preliminary plat, both of these are also located near  
intersections with Sinclair. So there will be two new streets on the new site, one will be  
the extension of South Hampton, that's the larger block of R-MF there, kind of on the  
north side, we'll go right through the middle of that. So basically we have R-MF  
surrounding what would be a major intersection there. The same with the south portion,  
the R-MF zoning there would generally be located on the north side of Crabapple, and  
Crabapple is the other major  
roadway that bisects east/west of this site. So it's an extension actually of Crabapple  
that terminates  
right now on the west side of this property.  
So Crabapple will come through, M-N will be on the northern portion of Crabapple. When  
you're looking to target a neighborhood in commercial zoning and proximity, it fits within  
that commercial node aspect that's found in Columbia Imagined with being at  
intersections and being on the edge of neighborhoods. So it kind of integrates well and  
gives you the opportunity, especially when we're doing this, you know, now, not so much  
retrofitting a neighborhood, to put it in a location where you do have good natural  
separation from the single family, also from the multifamily, as much as possible.  
You can see that really the separation of the R-MF on the north side is actually off by  
itself, because there is really a fair amount of grade going west of the larger R-MF where  
it goes down into the Mill Creek and other drainage way areas, so it's really almost out  
there on an island On the southern part there is more drainage there, some topography  
there, so it offers a nice natural buffer and boundary between those two kinds of use  
areas.  
The whole neighborhood -- or the whole area in general is identified as neighborhood in  
the Columbia Imagined, as the future land use, and as we've talked about, neighborhood  
is -- generally we're looking for a range of residential uses. So single family is  
appropriate, multifamily in certain locations is what we want to target, especially in this  
location with the major roadways, is also appropriate. Not every subdivision may be at a  
scale where we'd see all of these different uses, but at this scale we do want to take the  
opportunity to have something more than single family. And so -- and that's what we're  
seeing in this plat -- or, excuse me, in the rezoning request. So all of those three zoning  
districts would be appropriate at certain context and scale within the neighborhood.  
And also just to kind of point out some of the other factors here, which I think really drives  
home that this area is a good location, especially for residential, and maybe some denser  
residential, is the proximity to the schools in the area. Specifically, Columbia Imagined  
talks about neighborhoods in close proximity to schools. We're going to have a middle  
school on the east side here. There is a plan potentially right now for a elementary to  
also be located next to John Warner Middle School. We have an elementary to the north  
at Mill Creek. So there are those pedestrian drivers that can kind of act as that  
walkability driver within a neighborhood.  
And again the -- just to kind of reiterate what I've said previously that multifamily, that  
really goes for that goal of having diverse and inclusive housing options within an area.  
It's going to provide a range of options there, not just single family. It also, with that  
density, is going to further support the commercial uses to help those be successful on  
that small scale, because we're not looking for ten acres of commercial in this proximity,  
five acres is probably appropriate. And also with the multi-family being located kind of  
along those major roadway corridors, it does open up the possibility of future expansion  
of public transportation. We look at corridors for public transportation with high density  
residential areas that can support the public transportation, so looking at these locations,  
planning for the future, this is a good location for that.  
Again, the mix-use neighborhood commercial does speak to the goal of providing mixed  
uses in these commercial node applications where residents can walk and have services  
that they don't have to drive to every day. You know, it goes to creating a healthier and  
more walkability - walkable environment, which is one of the big goals of the Columbia  
Imagined plan. And again it's at one of those intersections of major roadway.  
Appropriate size, approximately three lots is what they'll be looking at on the preliminary  
plat.  
So overall we do find the zoning is consistent with the goals of the Columbia Imagined,  
it's appropriate in this situation and context, you don't see any negative impacts to  
surrounding property, so we're recommending approval of the proposed zoning. So with  
that, I'd answer any, like, small questions, but I'll probably just go on to the next one if  
that's okay?  
MS. LOE: Why don't you go on?  
MR. SMITH: I would be happy to. All right.  
MS. LOE: We'll keep any questions at bay.  
MR. SMITH: So the next case, related case, Case 59-2022, it is the same  
property, again 383  
acres. So this request is for a preliminary plat. So we're laying out the site lots, streets,  
and so on and  
so forth. As part of that, they are requesting a design adjustment, so they're asking for a  
little bit of relief from one of the requirements of the subdivision regulations. This was also  
advertised because of the  
design adjustment, so the same advertising date, 86 postcards and letters sent out to  
surrounding property owners. The same property again. And for context, and just to  
highlight a couple of the neighborhoods and features around there, we do have several  
abutting subdivisions, and also again the elementary and middle school that are adjacent  
to the site, just to give you a little better context of the surrounding development and how  
their proposed layout will fit within the context of that development.  
So I'll point out Mill Creek Manor there on the west side, which is the top of the screen  
here, that does have the extension of Crabapple, and I've highlighted kind of where that  
would be on this site, so we'll show that a little bit later in -- on the preliminary plat. So  
we'll be looking at kind of this image a lot, and it's page one of the preliminary plat, it is  
seven pages long, so it's fairly substantially sized compared to what we usually see. So  
I have included on here basically all seven pages for reference. I'm going to go through  
them real quick. I'm not necessarily going to stop and speak on each page, but in case  
there is a specific question where we may need to look into a little more detail at certain  
areas, we'll have it on the slide shows. So this is page one.  
And page two we're going to move from the south to the north. And this is -- the south  
area is generally the location of some larger lots, one-acre lots. As we move north they  
get a little smaller, closer to what our minimum would be. You see here the Crabapple  
extension going across from west on the left to east where it intersects with Sinclair.  
Moving north, we're kind of in the northern parcel now, the skinnier parcel, you start to  
see the -- on the bottom of the screen some of the multi-family lots. And at the top of the  
screen the larger multi-family area that's going to be around the South Hampton area.  
Again there is the South Hampton roundabout, which we'll talk about a little bit here in a  
minute. Also the extension of South Hampton going west with the right-of-way extension.  
And finally up north, the far north piece of the property with a couple of larger lots, which  
we'll talk about as well. And directly abutting us to the north is the Mill Creek Elementary  
School. Again we're back on page one of the preliminary plat. We have color-coded  
some of this to kind of better illustrate what is happening and where on the site.  
So generally the brown areas on the site are multi-family lots, and there are five  
multi-family lots in total. The red kind of in the middle there, that is the mixed-use  
neighborhood commercial area. The green and the purple are two lots, which again we'll  
discuss a little more later, but they're potentially CPS lots and city lots. The rest to the  
south that is left white is generally single-family area and common lots. So to kind of  
describe the property here, again it's a 383-acre site, so fairly sizeable.  
There was a small piece of the property that was owned by the current owner that is not  
incorporated within the preliminary plat in the far southwest corner of that, it's a indication  
that the curators of the University intend to retain ownership of that piece. We did look at  
providing access to that site, because the way it's laid out it doesn't have immediate  
street access, so there will be access -- easement through a common lot that will provide  
access to be able to get to that lot in the future when the street layout is done. So - as a  
whole for the rest of the site, there are no current standing buildings on the site, there are  
remnants from a past operation on there. Nothing official was disclosed to us exactly  
what the use of that site was, but I think, you know, from anecdotal information there was  
kind of a research facility there. You can still see some remnants of pavement and other  
buildings there.  
There is a fair amount of timber on the site; however, the majority of it is actually not  
climax forest. So it's a lot of cedar, undesirable trees, there is actually only small  
amounts of climax forested area, which again is kind of your higher-end timber that you  
would want to preserve, and it's generally on the far north, with a little bit on the southern  
edge of the property. So a lot of it is going to be around that Mill Creek area. And if  
you're looking at the graphic on the left, Mill Creek is generally going along the boundary  
between the purple, and the green, and then the brown site. So Mill Creek kind of goes  
across the north portion of this site. Mill Creek is identified on the park's plan, the city  
park's department plan, future trail master plan, so there will be an easement granted on  
that at the time of final plat to allow them to construct a trail plan at that point in the  
future when they are ready to construct that. So that should go across the property  
basically along that same boundary.  
Over 500 lots total on the site, 495 of those lots will be for R-1 single family, and again  
that's the area more on the south two-thirds of the site, ranging from that one acre, to  
about minimum, which is 7,000 square feet. As you can see there, the internal street  
connectivity is relatively good, lots of cross-street access, a few cul-de-sacs compared to  
the size of the site. Relatively we've seen smaller subdivisions with even more  
cul-de-sacs, that reduction in cul-de-sacs does improve the connectivity overall of the  
site, so more connections in between blocks and streets.  
Of the cul-de-sacs, all but two actually do not exceed the 300 feet. Per UDC, you can  
exceed 300 feet if it's determined that it's due to topographical reasons. So if you have,  
you know, a steep cliff, or a river in the way, you can extend beyond 300 feet. Two of  
those we did determine were for topographical reasons, so they were allowed to extend  
300 -- beyond 300, with the longest being about 500. So not -- nowhere close to that  
maximum of 750.  
There are multiple common lots on the site, many of them for storm water purposes as  
usual, some of those are larger and intend to be used for more recreational purposes.  
You do see a lot of trails on the site, with the grades there it does kind of open up the  
possibility for better use of those sites. As far as providing some tangible amenities to  
residents there, and gathering places that can actually help, you know, a neighborhood  
create a sense of place, this site has a fair amount of those. So we do have open lots,  
and trails, and things that can actually help create community in a location, which is  
something we really look for and strive for in a development such as this. Especially with  
kind of the -- on -- as you move north they have, you know, Mill Creek, and the drainage  
areas, a lot of those are kept in common lots, so a lot of that will be preserved as well  
potentially for trails, but generally just to preserve that area for those purposes.  
There are two large lots on the north side of the site, that's the purple and the green, we  
kind of covered that. So the green, per the applicant, their intent that they have shared  
with us is that they would like to seek to donate that to the school district to be attached  
or be as part of the Mill Creek Elementary School. It would be preserved more or less in  
its current natural state. And that's important because the way that lot is located, as you  
can see in the green, the only street frontage it has is on the extension of South  
Hampton. And why that's important is that the extension of South Hampton as shown  
there will require a bridge structure in the future. It's a little hard to see here, but there is  
about a 500-foot area of South Hampton, 500 feet west of Sinclair, and I think I -- let's see  
if I had it -- Yeah. Okay. So this is a better picture. So you can see here, the extension  
of South Hampton, this is a roundabout that's being proposed at South Hampton, will  
extend about 500 feet. Per the municipal code, applicants are not required to construct  
bridges, so when we get into a situation where the extension of a street would require a  
bridge structure, they do require -- they do dedicate the right-of-way for the extension of  
that street, which is shown, but they do not construct the bridge, but they are responsible  
for the corresponding residential street cost to extend it, and so they are responsible for  
that portion contribution to the city.  
What that means is it won't be built at this time, the only portion that will be built right  
now is what you see here, about 500 feet west, kind of terminating in a turnaround. So  
that's important because that means that there is not really a plan to have practical street  
access for lot 500, so if it was not to be donated to the school, they would have  
difficulties with access. In fact, we wouldn't let them plat that unless there was actually  
access to that site, so with that understanding, we've put a note on there basically kind of  
restricting the transfer of that site, so that it is transferred to the school, and if not, then  
something needs to be redone there. There may need be to be a revision in the  
preliminary to look at how we're going to get access to it, but given the context of what  
they're looking to do here, which is donate it to the school, we're comfortable moving  
forward with I think that note on the plat and the access as shown right now. I just  
wanted to point that out because it is a little unusual.  
Oh, covered that. So -- and again this -- just to touch base here, so this is a good  
example, I'm not going to go through every page that has them, but you can see the  
common lot C6 kind of on the right there, a larger acreage site there, I do believe that  
could be the site of some future amenities. And they do have showing paved trails going  
across and behind it, several of the lots there, that again would be an amenity to the  
community and providing pedestrian access back and forth through that trail, and along  
one -- or around a couple of their larger storm water basins.  
So access to the site generally is going to be from Sinclair, that is a major collector as  
identified on the CATSO Major Roadway Plan. There will be seven new intersections,  
street intersections, at Sinclair -- along Sinclair for this property. There is going to be --  
two of those will be major roadway extensions, one being South Hampton to the north,  
and Crabapple further to the south. There will be two -- excuse me, there is two existing  
stubs to this property. And by stubs I mean a subdivision adjacent to it that is  
constructed that built a street touching this property. So they will be extending those.  
Crabapple is one. Crawford Mill Drive would be the other. In addition to extending those  
stubs, they are stubbing five new streets from this property to other adjacent property.  
Again, to further the connectivity possibility if some of those properties developed in the  
future.  
And I'm going to jump on this. So this kind of shows our connectivity. So the green is  
connections to existing roadways. So you see on the west side the two greens there,  
that's Crabapple further on the south, and then Crawford Mill on the north. And then  
along Sinclair there you see the seven new intersections with Sinclair. The blue are five  
new stubs that will intersect with adjacent property. So you can see three there on the  
northern part, one to the south, and then an additional one kind of going west into the  
larger county subdivision.  
And just to kind of circle back to the major roadways, I mentioned this in the report, until  
today the alignment they had for their major roadways didn't align with what was shown in  
the CATSO Major Roadway Plan, they -- the applicant did bring a proposed revision to  
CATSO many months ago, and so this has been going on for over six months, CATSO's  
Technical Committee has looked at it a couple of times, and the Coordinating Committee  
has looked at their alignment that they proposed a couple of times, today was a public  
hearing at the Coordinating Committee where their alignment, generally consistent with  
what they're showing here, was voted on and it did receive approval. So the Major  
Roadway Plan was revised, and this is consistent now with the Major Roadway Plan.  
Part of that revision was the removal of a couple of segments, and I touched on those in  
the report, one kind of going north/south and one into Arrowhead Lake Estates.  
As part of this development, given its size and the expected number of trips generated,  
they were required to hire a consultant to produce a traffic -- a transportation impact  
analysis, also known as traffic study. That's required by the City to identify when a  
development reaches a certain threshold any potential negative impacts on surrounding  
infrastructure. And it should identify any deficiencies, any improvements, and any other  
infrastructure requirements that need to be upgraded due to the development impacts due  
to the trips being generated from that development.  
So the traffic study, which was attached to the report, covered a lot of ground. It looked  
at a lot of intersections. Public works traffic engineers reviewed that, and based on the  
findings, there will be improvements required per the traffic study that will be either  
constructed or be included within a development agreement to require them to make a  
corresponding contribution, so -- and I'll go through this real quick. Most of that  
information would be included in a development agreement that would go to Council,  
which is still currently under discussion with the applicant. There is some general  
agreement on the parameters of that agreement, but the four intersections I want to  
highlight real quick; the Sinclair/South Hampton, the Sinclair/Nifong, South Hampton and  
Forum, and South Hampton and Bethel, the applicant right now as part of this  
development will construct the roundabout at Sinclair and South Hampton as part of this  
development.  
Per the traffic study outcomes, there are significant impacts on those other three  
intersections as well, based on those findings and based on the recommendations, staff  
will be recommending that the development agreement include contributions to the  
upgrading of those facilities. And so those contribution levels, when reviewed by staff,  
was identified at a certain contribution level, the applicant in turn has offered to contribute  
to the City a lot in the subdivision that could be converted into a salt dome, which is a  
need identified by public works, so in that aspect there could be a basically in lieu  
payment for those contributions of those intersections, with instead it being met by the  
donation of that lot. So the applicant is responsible for those contributions to address  
those deficiencies, the intersections, but the city has agreed to basically accept that  
payment in a different fashion, in this case it would be donation of property.  
This is from the traffic study just to kind of highlight those three -- or those four  
intersections that I've discussed. So this is South Hampton and Sinclair, that would be a  
roundabout constructed again by the applicant. The roundabout at Nifong and Sinclair,  
currently a one-lane roundabout, the recommendation would be to increase that to a  
two-lane, which it was designed at the time of construction to be able to be converted to  
that fairly, I don't want to say easily, but it is set up to be converted. The other two  
intersections were South Hampton and Bethel, and South Hampton and Nifong.  
So all of those -- the contributions for those other three intersections again will roughly  
total about the contribution for the donation of the lot. In addition to those, there is the  
construction of turn lanes which are identified in the traffic study as well, mainly  
southbound on Sinclair. So we are again recommending that corresponding and  
proportional contribution.  
The additional piece there as well that I wanted to highlight was based on our  
conversations very early on in there was the need for addressing some kind of pedestrian  
crossing on Sinclair. Given the amount of residential use out there, and the schools in  
such close proximity, I think both sides agree that that was a very important aspect of  
this project. They have agreed to design and construct something kind of in conjunction  
with the design and construction of the elementary school on the east side. And that's  
important to better locate exactly where that crossing will be. It will depend a little bit on  
the design of the elementary the most appropriate location for that. So it most certainly is  
going to be something beyond a crossing guard with a stop sign, so there will be  
something more there substantial. The final design of that would be by the applicant with  
review by the city at a certain point in time that the elementary is most likely to be  
constructed. And right now the best information we have on that is probably fall of 2024  
is when the elementary school, based on their long-range plan, the school's long-range  
plan, is intending to open.  
So I want to go back and talk about the design adjustment. So there is a provision in the  
city code that regulates the length of blocks. It basically says streets within a  
subdivision have to intersect at intervals no more than 600 feet. So in effect you wind up  
with a block that's 600 feet long or less. Shorter blocks do provide for more efficient  
movement, and gives alternative travelways for pedestrians and vehicles, provides  
alternative routes, it's generally viewed as a component of walkable environments and  
sustainable areas to better allow alternative routes so that individuals are I think  
encouraged more to travel to a place or more directly to a place especially when you're  
looking at pedestrian travel. So in this subdivision we have 15 blocks that exceed the 600  
feet. Somewhere between a little over 600 to, you know, 1,000 feet or more.  
So the applicant did submit the worksheet kind of explaining the rationale behind that.  
Generally from their perspective it would reduce infrastructure cost and maintenance,  
have minimal impact on surrounding property, and could increase pedestrian safety by  
eliminating points of conflict. When you do have an intersection, and a pedestrian does  
cross an intersection, that does generate a potential vehicle and pedestrian conflict point.  
They also looked at the potential of these pedestrian walkways in between blocks as  
serving at least the purpose for the pedestrian connectivity. So instead of streets every  
600 feet, they'd have pedestrian walkways in between lots providing better pedestrian  
connectivity between the blocks. And they view this as kind of a unique design feature  
for this site. I lost one slide there, but we'll - just to kind of go through the criteria for  
design adjustment.  
One is; is it consistent with a comp plan? I think we've discussed before there is  
language in there that does lend itself to stating that block links are a component of  
sustainability. So it doesn't get that specific in the comp plan, but we usually view that  
as a rationale for those shorter block links. There is language in there about reducing  
infrastructure as well, so again not that specific, but you could take each for what it is.  
Number two, is adverse impacts. And I would agree that this probably is not going to  
have significant adverse impacts to surrounding property owners.  
The third criteria is, is it going to be significantly more dangerous or difficult for  
automobiles and pedestrians to get around? While having those shorter block lengths  
makes it more efficient, if they are longer it's unlikely it's going to have a significant  
impact on it being more dangerous. The block length generally is there for efficiency  
purposes, not as much for safety purposes.  
So you could make a case that the better vehicle connectivity through a neighborhood  
does provide emergency vehicles an easier path sometimes through the site, but that  
probability seems fairly low that that is going to be the situation in most cases, so I'd  
have a hard time saying there is a significant increase in the danger. The pedestrian  
walkways could be viewed as a unique design feature, we don't see that too much. We  
do have some concerns on that, and I'll touch on that here in a second. And again the  
possibility of some adverse impacts on public health, that again is the vehicle -- the  
emergency vehicle response kind of thing I mentioned before. So the -- it could happen,  
the probability does seem a little low.  
So a couple of things to note with the idea of these kind of mid-block -- mid-block is not  
the right word, kind of in-between block pedestrian walkways, Council did recently  
approve one that had this on there as a substitute for block lengths, and it was Old  
Hawthorne North, which P&Z saw here, you know, six months ago or so. They  
recommended an denial for that, but that was prior to the applicant adding the walkways,  
so just for clarity there. So Council reviewed that and considered that in their decision,  
but ultimately did approve those longer block lengths with those walkways in between.  
Another thing to point out, we do have, within the UDC, a minimum amount of site  
connectivity that we look for. So this kind of informs us is this a subdivision that has  
good access, good connectivity, are we not having lots of cul-de-sacs that basically  
require additional trips? And so their connectivity index, which is generally your street  
segments, divided by your intersections, so you want more segments, less cul-de-sacs,  
less long blocks, and so they do meet the minimum connectivity index, so that's one  
thing to take in consideration when looking at the design adjustment requests.  
There is some concerns with the walkways. We do have some around town, I think there  
actually is one in an adjacent neighborhood, the Pines has one I think that connects it  
out to Nifong. There is a few others in town, I know the Brooks has one. This is a bit of a  
wider scale for doing these, you know, on 14 or 15 different blocks, so I think we'll be kind  
of monitoring the perception out there from the public on how these are utilized and how  
they're -- how the property owners adjacent to it react, and what their perception of it is  
as well. So it will take some years for that to kind of work itself through, but at this point  
we're willing to look at it as potentially a unique design feature that might also meet that  
pedestrian connectivity that that shorter block length is also meant to try to meet.  
All right. So with all of that being said, and I should have led with this, but I did want to  
point out that I did provide some additional public correspondence to the Commission. It  
is in front of you. There is four additional letters from surrounding HOAs, and residents,  
sharing their thoughts, comments, and concerns, and support for the project.  
After considering all of the criteria in the design adjustment, staff is recommending  
approval of the design adjustment at this point. With the approval of the design  
adjustment, we are also recommending approval of the preliminary plat as a whole. That  
being said, I'd be happy to answer any questions.  
MS. LOE: Thank you. Before we move on to staff questions, I would like to ask  
any commissioners who have had any ex parte related to this case, to please share that  
with the Commission at this time so all commissioners have the benefit of the same  
information on the case in front of us. Seeing none. Are there any questions for Mr.  
Smith? Commissioner Burns?  
MS. BURNS: Thank you, Mr. Smith. That was quite a report. And so I'm  
hesitant to ask, but if we would approve the design adjustment, and the preliminary plat,  
would this come back to us for any type -- unless there were other major design  
adjustments, this -- so this is our one crack at it?  
MR. SMITH: Correct.  
MS. BURNS: Okay. Thank you.  
MS. LOE: Any additional questions for staff? Commissioner Geuea Jones?  
MS. GEUEA JONES: In reading your staff report, and hearing you discuss it, it  
seems to me that you're not particularly -- it seems that there are a lot of negatives  
associated with having so many extra long blocks, and then at the end you say  
"approve," can you talk a little -- I don't want to go into a lot of detail, but is there a benefit  
to having these extra long blocks or is it just you think there is not enough negative?  
MR. SMITH: Probably the second part.  
MS. GEUEA JONES: Okay.  
MR. SMITH: So we do try to stick to the criteria, and I did find that they met  
most of those criteria. So while I do think the 600 feet is the regulation, and if we can  
attempt to meet that, we should, I am somewhat tied to what the regulations say is the  
criteria, and if they meet the criteria, generally we're going to recommend approval. In this  
case for that 600 feet, a lot of the criteria is set up for, you know, really significant  
impacts, and having an 800-foot block versus a 600, it's hard to point to any real tangible  
significant impacts, negative impacts. There could be negative impacts, but when it puts  
in that kind of qualifier as significant, then it's harder to I think make that case. And it is  
somewhat unique. I would say it's a unique aspect, Attempt to provide the connectivity  
that the block length is providing, albeit just for pedestrians, not for vehicles. MS. GEUEA  
JONES: Got it. So you're relying on the fact that while the impacts may be negative,  
they are not significant?  
MR. SMITH: I'd say that's accurate.  
MS. GEUEA JONES: Thank you. I just wanted --  
MR. SMITH: Sure.  
MS. GEUEA JONES: -- some clarity because I was expecting a  
recommendation of denial, and then I got to the end and you're like, But go ahead and do  
it. So I was just trying to --  
MR. SMITH: They were willing to explore the idea --  
MS. GEUEA JONES: -- parse that.  
MR. SMITH: -- of this design feature. MS. GEUEA JONES: And there is no way  
we can say "yes" on some of the block length and "no" on others?  
MR. SMITH: I think you could make conditions of the approval in any fashion, I  
think. I mean, I think you might be able to say a certain length is acceptable, beyond  
that is not. We'd have to get back and do some additional measurements to find out  
exactly which ones those are, but --  
MS. GEUEA JONES: I suspect we're going to have --  
MR. SMITH: -- I don't want to limit conditions that you might come up with --  
MS. GEUEA JONES: Sure.  
MR. SMITH: -- but there is a possibility to put conditions on it.  
MS. GEUEA JONES: I suspect we're going to have some public comment, so  
you may have a little bit of time. Is -- can you tell us approximately what the lot widths  
are? Because I notice some of the extra long blocks are where we have extra large -- or  
larger, they're not extra large, the larger lot sizes, and others are where we have the  
smaller lot sizes, and to me there is a difference between approving it if we've got five  
houses versus ten. So I would be curious if there is a way to parse it that way?  
MR. SMITH: Or I'd say -- in general I would say maybe north of Crabapple  
immediately you have about 70-foot wide lots, south of Crabapple also 70, but they're  
getting up into the more 70s and 80s, so there is a bit of cutoff there. I mean, we'd have  
to kind of review it, you know --  
MS. GEUEA JONES: Sure.  
MR. SMITH: -- page by page to see if there is clear divisions there on sizes.  
MS. GEUEA JONES: Yeah. And I know I'm asking something there is no way  
you could have anticipated. Thank you very much. Thank you, Madam Chair.  
MS. LOE: Commissioner Placier?  
MS. PLACIER: Thank you. This is something that is just a matter of I suppose  
planning philosophy or something, but could you tell me why R-MF zoning is located right  
next to major roads and commercial areas, whereas the other kinds of zoning, and  
especially the very large lots, are separated from those more hazardous, or desirable, or  
whatever you want to call it?  
MR. SMITH: Yeah, and I think when individuals hear intersections of major  
roadways, I think the inference there is that it's dangerous, and it's loud, and it's noisy,  
and it's polluted, but really that's just significance of roadways that are a little bit higher  
classifications. And those are locations that we do target for commercial uses because  
you -- when you look to integrate something like that, that's a good location, because it is  
a busier area; right? There is going to be a little more noise. And typical planning  
practice is to try to have those commercial nodes, and then your residential behind it, so  
that residential can access it. Whereas kind of prior practice would have been, We're  
just going to do this commercial zoning along this entire strip, so think business loop.  
So now we look at more concentration of uses, and we build out from that. So you have  
your intense uses at these nodes, so commercial there, and behind that you have  
multi-family residential, so that they have -- because it is generally considered a little  
more transient, you don't own the property, you rent it, it's more dense, there is more  
expectation that you might need proximity to services more, you may need proximity to  
public transportation more, and those nodes are kind of concentrated to kind of aid the  
provision of those services because there is more density and there is more commercial  
there. And as you go further out, then you do kind of go down in that density into  
single-family neighborhoods, and that's -- has a little more separation because you have  
individual zoning property, and so that the sentiment has always been they have a little  
separation from those higher intensity uses. So it's kind of that -- to use kind of a term,  
this kind of intersect; right, where you have a stepping down of intensity as you go away  
from the center, which is commercial. So commercial, multifamily, two family, single  
family, and so on and so forth. So that's general practice I would say.  
MS. PLACIER: Yeah, I understand the location of the commercial, it was just --  
my question was about why R-MF has to be near -- closer to these commercial areas?  
And why we have sort of a valuation of R-MF residence not being as buffered from  
roadways or commercial. But that's -- it -- I've seen this pattern before, and I never have  
known why.  
MR. SMITH: Right. Well that's something, you know, we are doing the  
comprehensive plan, you know, revision, so that's something you could look at how it's  
addressed in the comprehensive plan, too, so --  
MS. LOE: Additional questions for staff?  
Mr. Smith, I had a few questions. Is5.46 acres large enough for a grocery store?  
MR. SMITH: That's -- potentially. A small one. And it's M-N, so you are  
restricted to no more than 40,000 square feet for a grocery store in the M-N. Yep. And  
that --  
MS. LOE: There is -- the Trader Joe's are under 40,000. Yeah.  
MR. SMITH: So, you know, yeah, you're looking at some of the smaller  
groceries.  
MR. ZENNER: The Moser's that's out at Scott and Smith that's being built,  
would probably fit into that general category as well, but it's on the small end --  
MR. SMITH: Yeah.  
MR. ZENNER: -- right, for a single standing. And if I am not incorrect, the  
five-plus acres is comprising of three lots, so if you're wanting a diversity of your potential  
users, I don't think you'd be searching for that. We have other commercially-zoned  
property that is more regional in nature at the intersection of Scott Boulevard South, the  
roundabout there, and at Vawter, which is the site that was -- has been and is still getting  
interest potentially by a grocer that would serve more of a regional perspective at the  
opposite end of the other commercial node that we have on Grindstone.I would say that  
this is going to be something that is more self-serving to the neighborhood itself, to the  
passerby traffic as parents are dropping children off, and things of that nature, maybe  
more convenience commercial. The M-N zoning district does not allow without  
conditional use a gas station, so that is something to keep in mind as we consider what  
the intensity the automobile orientation possibly of these uses on this site could be. So  
as a part of that conditional use, of course, great consideration could be given to the  
impacts of lighting spillover, noise, and those other adverse --  
MS. LOE: No, I understand, I was just -- putting in quite a bit of housing, not  
seeing the neighborhood amenities that I would think we would want to see to support  
that neighborhood, we're starting to create a lot of crosstown traffic, so I would -- I was  
actually surprised to see the M-N was that small, because I questioned if it was  
supporting again the infrastructure, neighborhood infrastructure we actually need if we're  
going to see this much of housing going in in this neighborhood. You referenced one case  
in Old Hawthorne that we didn't approve, but City Council did, that had the sidewalks go  
in as a "in lieu of," I believe there was another case in that area, Arbor Falls on WW, that  
came back to us at least three times with only one overextended street, so it took -- so I  
have to admit I'm a little conflicted hearing staff now say that we don't have an objection,  
when we brought a case back three times to try to get them to come within the 600-foot  
requirement. And I am going to be keeping that in mind. And also their sidewalk was  
much more generous shall we say. As far as housing goes, yes, we do have some  
variety, but I'm surprised we don't have more variety. A lot of the developments we've  
been seeing coming forward have been going PD in order to get the cottage development  
footprint in. When I sized some of these lots, we're going 50 percent larger than the  
minimum single-family lot required, instead of smaller, and I have to have admit I was  
questioning that. So it does look like there is room to add infrastructure, and I'm going to  
be keeping that in mind as well. Those were my questions. Any additional questions for  
staff? If not, we will open up the floor to public comment.  
PUBLIC HEARING OPENED  
MS. LOE: Please give your name and address for the public record. We do limit  
comment to three minutes for an individual, we do limit it to six for if you're speaking for a  
group.  
Mr. Crockett has asked if he can have ten minutes because he is speaking on  
two cases, and we aregoing to permit him to have additional time.  
MR. CROCKETT: If I may have 12? Six for each item, if you don't mind?  
MS. LOE: Now you're going up to 12. We'll see.  
MR. CROCKETT: Thank you. Madam Chair, members of the Commission, Tim  
Crockett, Crockett Engineering & Consultants, 1000 West Nifong. Now Mr. MacMann is  
not here tonight, so he's not going to get on me for speaking quickly, but I may get going  
a little bit quick, if I do, just - you know, you can say, hey, I'm going too fast for you, or  
by all means answer -- ask questions. With me tonight is Jesse Stephens, given the fact  
I have a lot of information to cover, Jesse Stephens is an engineer in my office, he's going  
to cover a couple of the topics for me as well. Shawn White, with CBB, traffic engineer,  
she's our traffic engineer, she's out of St. Louis, given the inclement weather in St. Louis,  
she wasn't able to make it tonight, we'll try to answer any traffic-related questions on her  
behalf if needed. And, of course, Rob Hill, who was the applicant -- or, excuse me, he's  
the developer on the property is here to speak as well. A quick overview, again as Mr.  
Smith indicated, a very thorough review, a very thorough staff report, 383 acres, we're  
proposing 495 single-family residential lots, five multi-family residential tracts. And, Ms.  
Loe, I'll talk about the diverse housing here in just a moment. Three commercial lots. A  
conservation tract, which is very important, again we'll talk about that a little bit. And  
various common lots throughout the development. We are requesting zoning for to R-1,  
R-MF, and M-N. We're creating a mix-used development incorporating various housing  
styles, types, sizes, and try to hit many price points. Again this is just a quick little  
overview of the location. The really -- the biggest item for this is just to really illustrate  
that this is infill development. If you drive out there to Sinclair farm, as Mr. Smith  
indicated, you know, that's almost a two-mile stretch, it feels like, Well, I might be out in  
the county, or close to the county, but if you look on an aerial you'll see much of the city  
surrounds and comes around the Sinclair farm, so it's really developed on all sides. We're  
going to start with the zoning tract. This is the section that's R-1. I'm going to break that  
down further in just a moment, but it is the bulk of the development. And of course the  
R-MF tracts as well scattered at two different locations. And then the neighborhood  
commercial at the entrance to the development down toward Crabapple extended.  
Again we're proposing the -- well, we've kind of covered that. Now I want to break down  
the different types of housing that we're proposing within the development, because we  
are asking for and we are seeking different types of housing. This location here, these are  
our city minimum 65-wide lots, that accounts -- that's a very popular lot size right now in  
Columbia, so we do have a good section of the minimal lot sizes. We're adding to that a  
step up, these sizes of lots are 75, 80, somewhere in that range. They're comparable to  
the Mill Creek Manor subdivision that's further to the west or to the top of the page. We  
want to make sure that our lots are comparable to what is adjacent to our development.  
The lots in that development, the backup to us, are basically 120 foot deep, our lots are a  
little bit deeper than that, we wanted to -- there is some tree lines back there, we've  
talked to some neighbors, our client has talked to some residents over there, and we  
committed on saving some trees, so -- between the two developments, so we wanted to  
make sure that those two lots were deeper.  
Of course we have a section that's a little bit larger at this location, stepping up again,  
these are 80s and 85-foot wide lots in our estate portion. You add to that our R-MF, we  
anticipate these are our traditional R-MF areas at this location. The size on this -- and  
this place just kind of goes to this little question, why do we place them here? Obviously  
at the intersection is one idea on a planning standpoint, that's where we place R-MF  
many times, but also in this case here the terrain is very rough, certainly not all is  
usable, and so, you know, being able to use the area, multifamily works very well for the  
rougher terrain at that location.  
Ms. Loe, this is where we're going to talk a little bit about we are asking for some R-MF  
at this location, this area we've had inquiries about putting in 40-foot wide lots, looking at  
doing some villas, some townhomes, something along those lines, a different mix.  
Obviously if you look at that, that's not really suited for apartment buildings, or  
high-density residential, but, you know, townhouses that are higher density, something  
other than the single-family element. Then we add this portion of the R-MF. This piece of  
property is actually under contract, we talk about -- you asked about the cottage  
development, and that's what we envision here.  
Now in the City of Columbia, cottage development can take place in R-2 with a  
conditional use permit; however, this user doesn't want to do the traditional, they're a  
cooperative housing developer. I'm not sure if you're familiar with that or not, but it's a  
cooperative situation where basically the residents own a portion of the entire  
development itself, and it's worked very well for them, and so basically when you buy into  
a development, you're buying a portion of the overall development, you as well as all of  
your neighbors own the development as a whole. And so in order to do that I believe we  
have to have the R-MF because it's all going to be done under one lot. It's one  
ownership, you own a small piece of it; therefore -- that's the reason why we're asking for  
the R-MF, but it is a totally different housing type and housing option here.  
And of course the commercial at this location, we don't believe that this site, this  
location, this piece of property, is suited for a larger, you know, retail grocer store. You  
know, those are hard to come by, they want to be on the major intersections, they want  
to be on Scott, they want to be on Nifong, they want to be somewhere else, down on  
Sinclair. It's just not suited for the larger grocers. Does that not mean that we can have  
a small convenience center? Certainly we can. You know, certainly not have the gas  
pumps, not a gas station, but maybe a convenience center, something smaller in scale  
that would serve the residents, a coffee shop, something along those lines. And so that's  
what we envision at this location.  
Again this piece of property here is the piece of property that the City has asked -- or is  
seeking for the salt dome. I would like to make one clarification in Mr. Smith's staff  
report, he indicated that we had offered the salt dome in lieu of payment, that's a little bit  
not correct. The City actually asked for that piece of property in lieu of payment, and so  
they're the ones that approached us and said, Hey, we would like to have this piece of  
property, we'd like to have it appraised, and then we'd like to use that as a tradeoff. And  
so that was the -- how it kind of started. They were the ones who approached us. The  
City manager asked us about that, as well as the public works director, so that's how  
that came about.  
And then of course the green space. A substantial amount of green space throughout  
the development. My client will talk a little bit more about that here momentarily, but the  
piece on the - it would be on your right side, above the red, or above the section that the  
City of Columbia would like to have ownership of, that green space that consists of about  
30 acres in size, that is a piece of property that Mr. Smith indicated would be -- we'd like  
to convey to Columbia Public Schools for the expansion of their outdoor classroom or  
their nature area.  
We have contacted CPS about that, we've discussed it with them, we don't have a firm  
commitment on that by any means; however, should they not desire to have ownership of  
that, that piece of property will still be preserved. We'll have a conservation easement over  
it. We're preserving the trees on that piece of property regardless of whether or not CPS  
takes it or not. So that area is going to be left alone for the most part.  
As indicated, we have gone to CATSO, and that says "Three times to Technical, two  
times to Coordinating," it could be two and two, I can't recall. The process is we started  
going to CATSO about nine months ago. It's been a lengthy process. CATSO meets  
every quarter, so it's not a quick process, but the fact is the major roadways out here, a  
lot of them were just simply not feasible, they weren't able to be built, and so we worked  
with the county planners, we worked with the city planners, to come up with a solution,  
come up with a plan with the major roadways that do work for this area long-term. And  
so that's the process. It's been going on for a long time.  
This whole process, this whole preliminary plat, my client started it over a year ago, and  
a lot of the length of time that it takes to get there, is due to the CATSO process. And  
the major roads, we want to make sure we get them right, and so that's what we've done.  
The major roadways in this area have been well vetted with the City, County, and MoDOT,  
all three of those entities sit on CATSO, and their representatives have looked at this  
project all of the way.  
With that as well we have connectivity. This proposal presents both internal and external  
connectivity. The connectivity index is one measure that we use to determine if we have  
internal connectivity, but we've also had a reduction of cul-de-sacs, we have few  
cul-de-sacs compared to a development of this size. We also have sub-neighborhoods  
that we've talked about, the different sizes of lots, and the different uses on those areas,  
the little sub-neighborhoods. Many times you see these areas that are completely  
cornered-off. They're basically taken and each area is its own little area, has its own  
entrance, has its own exit, it's completely its own. In this case all of those subareas  
interconnect with each other very nicely.  
And then we have the pedestrian connections. My client is going to talk on the  
pedestrian connections, which is an important part of this, and that goes along with the  
block length, and I think that when you see what he's proposing, and what he sees out  
here with regards to the parks in the area, hopefully you'll understand a little bit better  
why we're looking for the block length, and why we like those sidewalk connections, and  
where they lead, and what the purpose of them would be.  
And again an eight-foot pedway, we're installing an eight-foot pedway along the west side  
of Mill Creek -- or, excuse me, Sinclair Road. When the school went in, there was very  
little sidewalk in this area, when John Warner went in. The City built some sidewalk, and  
I believe several of the neighbors had commented to us that the sidewalk is not safe  
because the sidewalk is at the back of curb in some locations. It's at the edge of the  
street. They have a new sidewalk, but it's not in a good location. We're building an  
eight-foot pedway at the proper location on the west side of Sinclair Road, nearly two  
miles. And so that's a significant improvement over what's there today.  
Again we're talking about the design adjustment. Our internal connectivity is high. All  
segments connect to a main roadway. Again, we talked about the request that was  
made for the Old Hawthorne North development, and how this Commission looked at that,  
but if you recall a lot of those segments in Old Hawthorne North were dead-end  
cul-de-sacs that were -- they were too long, they were -- weren't block - their block  
lengths weren't there, they were -- they stubbed to the neighboring properties, you know,  
they just -- they didn't have two ways in and out necessarily. If you look at our areas, we  
have two main ways in and out.  
Basically we have main roads coming and going from our subdivision that interconnect on  
both sides. And so what we're asking for, if you take, for example, the circled areas that -  
- just an average lot, a common lot, take that average lot, and there is two ways in and  
out. Okay? We're going -- you -- if you live in that home, you're going to take one of  
those two ways to leave or come to your home. If there is a street midblock, this would  
be the alternative route to take, that's not really efficient. I don't see that that's going to  
be, you know, used very heavily. It's not -- certainly not a emergency service issue. I  
believe that -- the conflicts with the roads and the pedestrians. And then again my client  
is going to talk a little bit more importantly, a little more in-depth with regards to these  
midblock sidewalks and what he envisions at this situation of why they're unique, a little  
bit more than what I believe staff has indicated. So we're asking that design adjustment.  
The old code allowed us to go up to 1,000 feet, I think most of our average distances are  
probably closer I'm guessing to 750, and not so much closer to 1,000. So we're asking  
for a design adjustment with regards to block length. We, you know, ask that. And I'll  
finish up here.  
Off-site contributions, we are providing funds for Nifong and Sinclair roundabout, we're  
actually providing - our traffic study, depending upon how you evaluate it, is between 13  
and 34 percent of the cost of that improvement at that roundabout, my client is picking up  
the entire tab, so instead of paying 19 to 34 percent, he's paying 100 percent. He's also  
paying for South Hampton -- he's providing funds for the South Hampton/Forum. I think  
Mr. Smith indicated all of those, so you can see that, and we can assign dollar values if  
you desire. Columbia Imagined talks about residential neighborhoods in proximity to  
schools, we check that box. Access to commercial services, while small, I think that  
this is more than what most neighborhoods provide, so we've checked that box. Access  
to open space, absolutely checked that box. Access to recreational facilities,  
absolutely. Support diverse and inclusive housing options? I think what you're going to  
see is we're going to have a lot of different housing options for this development as well as  
a mixed-use. And so with that, I know my time is up,  
Ms. Loe, I appreciate the extra time. Mr. Stephens is going to talk. And then  
my client. And then I'd like to come up and wrap-up and answer questions. Thank you.  
MS. LOE: Thank you, Mr. Crockett.  
MR. STEPHENS: Hello, there. I'm Jesse Stephens, Crockett Engineering, 1000  
West Nifong. I want to talk to you a little bit about the utilities serving this site. So it's  
important to know that we are within the urban service area, so we're not asking for  
overstretching of the existing utility infrastructures. There has been a lot of conversation  
with the City utility, sewer, and water, and as well as Boone Electric, this -- there are two  
major trunk lines that are running through and adjacent to the site for sewer, that the  
sewer department has looked at and vetted, that have ample capacity for our  
development. So we have little concern about sanitary sewer.  
One thing to note about water is the -- with the extension of Crabapple coming through,  
we'll be able to complete a fairly major water loop that connects everything together and  
provides better water pressures for that regional area, so that's something that will be  
helpful.  
And also Boone Electric has indicated that it's their service territory and they are capable  
of serving this site. The other thing, this property is being purchased by our client from  
the University of Missouri, it's under -- there is a contract just to sell 383 acres, the  
property was previously a research facility from MU, they have ceased those operations  
some years ago, and they have -- title companies and -- have vetted this property, they --  
it is very clear. There is a seven-acre tract that Mr. Smith talked about that's being left  
that the University will retain access to based on an agreement with DNR, but -- With that  
I'll turn it over to  
Mr. Hill.  
MS. LOE: Mr. Stephens?  
MR. STEPHENS: Yes.  
MS. LOE: A quick question, what is that seven acres going to be used for?  
MR. STEPHENS: The University will retain it, and we don't know of any plan that  
they have for it other than just to keep it. They will keep it, we will not be using it. We  
just need to provide access to it.  
MS. LOE: Thank you. MR. HILL: Rob Hill, 5796 South Route K, developer. And  
I brought with me my handy-dandy travel board here, this is what I took to the residents  
that I spoke with, I might pull this up if we're talking about things, it's easy for me to see.  
Amenities. On the map up here there is a bunch of circles, the large circle is a 15.6  
area, 15.6 acres, that's where we're going to put our clubhouse, pools, we anticipate  
pickle ball courts. One of the things I really wanted to do was put in an open field for  
play. We anticipate having a full-sized soccer field, so the kids will be able to both play  
baseball. We used to play a game called 500 back in the day, there is no area to do that  
in subdivisions anymore. I think it's critical to do that, get the kids out exercising. We  
also anticipate having a shelter where parents can conveniently read a book while the  
kids are playing and that kind of thing.  
The three green circles, this is something we don't see a lot in Columbia, it's something I  
saw in Florida called pocket parks. And when I first saw it, I thought it was kind of a  
waste of land because they're burning lots, but that's where everybody wants to be, and  
that's where everybody wants to gather, so we integrated three pocket parks into that  
element. I'm not sure if you can see well enough but (technical difficulty). The pocket  
parks are like here, green is where the sidewalks would go, and that's where we're asking  
for the variances, we want people to be able just to jump straight in and get right to the  
parks and meet there. The amount of people that will convene here is fantastic, it gives a  
great sense of community, and that's what we're shooting for here. That's why we're  
making it different, we want a sense of community individually in these three areas, as  
well as a comprehensive place to gather. We think that makes this very different and  
very appealing.  
This larger area it's -- that's the land we're going to -- we're planning to donate to the  
school district. And like Mr. Crockett said, that's going to remain as it is with the  
conservation easement expected to be put on that after ownership is transferred.  
Neighborhood engagement. You know, I have learned in my recent years that  
neighborhood engagement is pretty important, and I spent about five months engaging  
with the neighbors, I've done a little bit of everything. We started -- like, How are we  
going to get to everybody? So we started with the HOA representatives, and often they  
convened with the boards to see what the -- how the boards wanted to move forward, and  
we had varying messages from the boards and the directors at that point. Some of the  
boards we met with two or three times, some of the boards just had questions that I  
would answer, or that Mr. Crockett would answer, he's a little more technical than I am,  
and they had questions, we answered them. We met them wherever they wanted to  
meet, banks, just wherever. That took care of the HOAs. We have HOA support from the  
Pines -- I think you have these letters, the Pines, the Highland's, Arrowhead Lake, and  
another one I'm missing. And non-opposition from Heritage Woods.  
There are lots of neighbors who aren't in an HOA, so how do you get to them? How  
many neighbors are in the -- live around here that I've talked with? Community  
engagement has been good. I have -- oh, let me get this next slide here. The light green  
is the area of the parcel. The green areas are individual parcels and HOAs where we  
have gotten letters of support or endorsement from the residents to support or not  
oppose. (Inaudible) run the perimeter, there is a lot of people and a lot of work went into  
this, I spent many Saturdays and Sundays knocking on doors, met lots of new people.  
Sometimes I would be -- my longest visit was two hours, and people really wanted to  
know the information, and I wanted to get it to them.  
If you look at the board here, "Support, support," of all of these areas there is one little  
piece here that's not, I'm working on Mill Creek Manor, I antici- -- we have a -- I have a  
meeting with their board on the 14th of March, and I anticipate that working. I think you  
have a letter from Jason Deprima in your folders that is very recent that talks about the  
positivity. And give me just one second to read - I met a 70 -- I won't say the exact age,  
but a lady she was in her 70s, she wrote up on the Facebook page, on my private  
Facebook page for the subdivision, Mill Creek Manor, "The developer stopped by my  
house Saturday. How many people would do that or care about our concerns? Although  
things will change, I was pleasantly surprised that they wanted our input and were even  
interested enough to listen. As a house that backs directly to the new subdivision, I  
appreciated that he intends to keep as many trees as possible. There will be noise for  
awhile, but all in all that sounds like a good plan." That's the kind of feedback I've gotten  
meeting with the people hours and hours and hours. I know it's important, I can't keep  
everybody happy, I know some people don't want anything in their back yard, and it's  
even tougher when you live on a street that's adjacent to Sinclair and power lines prohibit  
you from putting trees up to screen yourself.  
That was one of the concerns from Heritage, and we had several meetings with them, and  
we tried to address that. I told them I would put a berm up and screen it with trees on my  
side of the road. And they came back with concerns that, Well, what if I don't develop  
that land myself, what happens to it? How do we know that's going to get done? So we  
went ahead and put that on the preliminary plat, so that will convey with whatever owner --  
if I don't develop it, whoever owns it will have to do that per the plan. So I feel really good  
about the community engagement. I'm sure we'll have some people speak against or  
share some concerns, but overall I'm -- the feedback has been very positive, very  
supportive. Overall I think it's a great development infill, mixed use, diversity of housing  
options. There may be some more cottage before it's done, we're open to that, we'll just  
have to see what comes this way. And frankly I like the cottages, so --  
MS. LOE: Are you willing to take questions?  
MR. HILL: I am going to turn it over to Mr. Crockett.  
MS. LOE: All right.  
MR. HILL: Thank you.  
MR. CROCKETT: All right. I'd just like to do a quick little conclusion to wrap  
things up real quickly. So again the proposed development is consistent with the goals  
and objectives of Columbia Imagined. I think we've covered that. Staff supports the three  
requests that's before you tonight. And then again we have quite a bit of community  
support behind us as well. And so with that, I am happy to answer any questions that the  
Commission may have.  
MS. LOE: Thank you. Commissioner Carroll?  
MS. CARROLL: We were just shown a map with pocket parks --  
MR. CROCKETT: Yes, ma'am.  
MS. CARROLL: -- noted on it?  
MR. CROCKETT: Yes, ma'am.  
MS. CARROLL: Are those noted on the preliminary plat?  
MR. CROCKETT: Yes, ma'am, they are. They are noted on the preliminary plat.  
There may be one lot that might be switched a little bit, but they are noted on the  
preliminary plat. And the purpose of them is, is we see one may be a dog park, one a  
playground park, and maybe one in, like, a communal spot with, you know, a shelter  
house or something along those lines. You know, we want those to be sub little areas in  
the development. But, yes, they are shown on the preliminary plat.  
MS. LOE: Commissioner Burns?  
MS. BURNS: Thank you.  
Mr. Crockett, I apologize if this was covered, but you mentioned pricing at some  
point in time, I didn't get a range of prices?  
MR. CROCKETT: Well, I'd love to give you price -- a range of prices, Ms. Burns,  
but as - with the construction market the way it is, it's completely out of whack, and I  
can't give you exact prices. The lumber price is triple in value, and so on and so forth,  
but really what I'm looking for is the size of the lot, and the varying degrees of the homes,  
and so, you know, that's what we're looking for. I mean, I'd love to give you that -- the  
price range in homes, but I -- honestly, I couldn't tell you with the current pricing going up  
and down every day.  
MS. BURNS: Right. And if I could just follow-up on, I'm -- in reading the  
neighborhood correspondence, I think it's great that so much outreach was done, it  
seems to be -- I'm not sure if the understanding of what the mixed-use neighborhood  
zoning could include, because somebody references a coffee shop, or only small  
neighborhood businesses, are there any that you've excluded at the request of neighbors  
that you would not have, a particular business?  
MR. CROCKETT: Well, they don't - they -- again, they don't want the gas  
stations.  
MS. BURNS: Right.  
MR. CROCKETT: They don't want the large-scale 24-hour, they don't want liquor  
stores, they don't want, you know, medical marijuana, which with the schools it's  
eliminated, but I think by giving -- doing the sense of scale, that's going to eliminate a lot  
of those. We don't want those either. You know, given the investment that my client has  
put into this property, we don't want the 24-hour liquor stores, we don't want, you know,  
the -- you know, the gas stations, we're not going to ask for a conditional use for that, so  
I think the size is going to eliminate a lot of those, but also those obtrusive uses aren't  
good for -- they're not good for the neighbors outside of the development, and they're  
certainly not good for the neighbors inside the development.  
MS. LOE: Thank you. Commissioner Stanton?  
MR. STANTON: So the -- I'm trying to understand the ownership and who is  
doing things here.  
MR. CROCKETT: Yes, sir.  
MR. STANTON: The case says Board of Curators, University of Missouri.  
MR. CROCKETT: Yes, sir.  
MR. STANTON: Do they own it now and Mr. Hill is just the developer making the  
vision happen?  
MR. CROCKETT: He is the contract purchaser. So he's under contract to  
purchase the property if the entitlements are approved, meaning he gets his zoning and  
preliminary plat approved, then he's under contract to purchase the property and then  
develop it.  
MR. STANTON: Oh, MU sold it to Mr. Hill?  
MR. CROCKETT: They would sell it to Mr. Hill if the in- -- if the preliminary plat  
and zonings are approved, then they would sell it to Mr. Hill to -- for his developments;  
correct. The University is not going to develop the property.  
MR. STANTON: Nor own it afterwards?  
MR. CROCKETT: Nor own it; that is correct.  
MR. STANTON: So it's not subject to any of the University --  
MR. CROCKETT: No, if the University was going to own it, we wouldn't be here  
tonight, because they again don't have to abide -- you know, abide by city regulations, so  
they could simply go do what they want to do --  
MR. STANTON: Well that's kind of why I was asking.  
MR. CROCKETT: -- and that's certainly not the case. Right. And that's not  
going to be the case, it is a private situation here.  
MR. STANTON: Okay. Thank you.  
MS. LOE: Any additional questions? Mr. Crockett, who is building the  
amenities?  
MR. CROCKETT: The developer will. The developer will build the amenities and  
then turn them over to the homeowner's association.  
MS. LOE: Including the sidewalks?  
MR. CROCKETT: Which sidewalks? You know, internal?  
MS. LOE: Yes.  
MR. CROCKETT: Because typically when you do it, all side- -- the sidewalks in  
a residential subdivision are always the responsibility of the homebuilder, they build them  
at the time of home construction. Now on the common lots, those are done at the time  
of street construction, so when you plat a sub- -- when you plat a piece of property, the  
residential lots, the home- -- the lots that -- or, excuse me, the sidewalks themselves get  
built at the time of home construction, because home -- you know, they grade the yard,  
they do yard finals, so that's common place. But on the common lots, when we submit a  
set of street plans to the City, we have to show on there the common lots and the  
sidewalks and those get built before the streets get accepted. So across all of the green  
spaces within the development, those sidewalks get built at the time of street  
construction, and they have to be in place before the City will accept those streets.  
MS. LOE: Including the --  
MR. CROCKETT: If that makes sense.  
MS. LOE: -- interstitial sidewalks?  
MR. CROCKETT: I'm sorry?  
MS. LOE: Including the interstitial sidewalks?  
MR. CROCKETT: The ones that go between the blocks? There is a provision in  
there, and we would propose to do similar to what we did before at Old Hawthorne, which  
would be really those lots still are going to be graded, and so they would be done at the  
time of home construction; however, there was a concern that they get built in a timely  
fashion, so there is a sunset on that. So if those homes get built within a certain time  
period, they'll get built with home construction, if those homes aren't built in a certain  
time period, then the developer has to go in and build those homes -- or, excuse me, has  
to go in there and build those sidewalks.  
MS. LOE: How is the width of the sidewalk determined?  
MR. CROCKETT: We're proposing, I believe it's six feet running through there, I  
believe, five feet. I can't recall off the top of my head. Six feet. While the average -- the  
normal sidewalk adjacent to a street is five feet, and so we wanted to go a little wider  
there.  
MS. LOE: You just told us you were building an eight-foot sidewalk along  
Sinclair?  
MR. CROCKETT: Well, that's a pedway, and so that's a different designation.  
Along major roadways, the City wants a pedway on one side or the other, and so that's a  
completely different designation.  
MS. LOE: So you didn't do any study of trails, or sidewalks, multiple users, if  
this is a family-oriented subdivision or kids riding bicycles?  
MR. CROCKETT: Correct. Well, the -- those same families and children you -  
riding bicycles, the City has determined they went from the four-foot standard, to the  
five-foot standard, several years back, and so they determined that five-foot sidewalk,  
standard sidewalk adjacent to a street, is adequate for passersby, and so given that, we  
exceed that limitation.  
MS. LOE: Thank you. Commissioner Carroll?  
MS. CARROLL: And the City typically uses how much for a pedway?  
MR. CROCKETT: The City typically does an eight-foot for a pedway, but those  
are also higher-trafficked areas --  
MS. CARROLL: Yeah. Thanks.  
MR. CROCKETT: -- adjacent to major roads.  
MS. LOE: Commissioner Geuea Jones?  
MS. GEUEA JONES: I'm just curious, when was this preliminary plat plan  
started?  
MR. CROCKETT: Well, we started over a year ago.  
MS. GEUEA JONES: The reason I'm asking is because you built this to pre- --  
or you laid it out to pre-UDC standards, and I'm just wondering, you know, we talked  
about Arbor Falls, Old Hawthorne North, some of that, those block lengths, while they  
were over 600, were not massively over 600.  
MR. CROCKETT: Right.  
MS. GEUEA JONES: You've got block  
lengths ranging from 650 to 1,000 feet, I mean, you had to know when you were drawing  
this that that wasn't going to comply with UDC?  
MR. CROCKETT: Well, and that's -- yes. And we knew that, that's why we --  
you know, we wanted to put that internal sidewalk -- actually when Old Hawthorne --  
when Old Hawthorne came through, we kind of looked at Old Hawthorne, used this as  
somewhat of an -- used this as an example for Old Hawthorne, if you will, because we  
wanted that internal sidewalk running through here, and so we kind of used -- you know,  
after the fact when we talked to Council, used that as a -- used this as a model for Old  
Hawthorne with regard to those -- with regards to the sidewalk.  
MS. GEUEA JONES: So you went to the old maximum block length --  
MR. CROCKETT: No. No, ma'am. No, ma'am. There is only -- I believe there is  
--  
MS. GEUEA JONES: But you did. You did, because they're up to 1,000 and --  
MR. CROCKETT: But I believe there is only one that's over 1,000, I believe.  
MS. GEUEA JONES: Sure.  
MR. CROCKETT: Maybe two, but --  
MS. GEUEA JONES: So you went to a high, high block length that is  
significantly higher than our current maximum length, and you went with the absolute  
minimum -- or close to the minimum sidewalk, as opposed to the pedway, and said, This  
is a good replacement for intersections.  
MR. CROCKETT: Well, I don't think that the sidewalk -- the minimum width in a  
sidewalk for ADA is three feet, the minimum of the City is four feet, the city standard  
adjacent to a street is five feet, and we went six feet, so I don't think it's fair to say that  
we went with the minimum on a sidewalk -- on the width of a sidewalk, because really the  
minimum is a three-foot, potentially four, the City standard adjacent to a street is five, but  
again we exceed that even. The pedways, again pedways are along for collector streets,  
I mean, they're dedicated for collector streets where there is, you know, a much higher  
volume of traffic.  
MS. GEUEA JONES: And you don't think that would be a more appropriate  
replacement for intersections?  
MR. CROCKETT: Well I don't think so for the amount of pedestrian traffic that  
these are going -- that we envision that these sidewalks are going to see, we don't think  
that we need to go wider.  
MS. GEUEA JONES: So you don't think that the pedestrian-ways that you have  
now said, Hey, let -- give us this design adjustment, and in exchange we'll put in these  
sidewalks, you don't think those are going to be used very much?  
MR. CROCKETT: No, I think they're going to be used quite a bit, I just don't  
think that they're going to be used at the high level that a pedway along a major collector  
would be used.  
MS. GEUEA JONES: Even though you're using them to replace what would be  
streets?  
MR. CROCKETT: That's correct. Because I think that, you know, when you  
look at that, the pedestrians who are going to use them are basically just right in that  
subarea of that neighborhood. Okay? So we're looking at 30, 40 lots, whereas the major  
collector is -- has a pedway that serves -- anchored by two schools, potentially a third  
school, and all of the neighborhoods go up and down it, and on both sides of it, so those  
are potentially who's going to use an eight-foot pedway adjacent to Sinclair Road. Internal  
here we're not going to have that much traffic because you're -- if you're on this side of the  
neighborhood, you're not necessarily using those sidewalks, it's really for that subarea  
that's -- you know, that subneighborhood really, those are the people who are going to  
use that sidewalk. We're not reaching out -- other people in other neighborhoods aren't  
necessarily coming here to use that as their main mode of transportation to get through  
our neighborhood is going through those locations, if you will. MS. GEUEA JONES:  
Correct; but the intersection streets that they are being purported to replace --  
MR. CROCKETT: Yes, ma'am.  
MS. GEUEA JONES: -- would not be used by people outside the neighborhood,  
they'd be used by people internal to the neighborhood --  
MR. CROCKETT: Correct.  
MS. GEUEA JONES: -- trying to get around it.  
MR. CROCKETT: You're correct; yes.  
MS. GEUEA JONES: So you see what I'm saying, you're --  
MR. CROCKETT: Yes. Right.  
MS. GEUEA JONES: You're not solving the congestion flow problem by saying,  
Hey, we put in some pocket parks and regular sidewalks instead of streets.  
MR. CROCKETT: Right; but if we -- let's go -- let me go -- if I may, if I can go  
back to this depiction, if we look at that, I don't think that those streets are going to have  
much traffic on them either, they're not going to be used very much at all because --  
MS. GEUEA JONES: But there is a reason they're in our code.  
MR. CROCKETT: I understand that, and I think that the code has also -- and I  
think that the director of planning has also indicated that he believes that the 600 foot is  
really probably -- probably too short and may need to be modified.  
MS. GEUEA JONES: Oh, I don't think that's what he represented at all.  
MR. CROCKETT: It -- well he actually told me that, so he may not represent it  
to you, but Mr. Teddy indicated to me that he believes 600 could probably be on the short  
side of things, it could probably be lengthened in that.  
MS. GEUEA JONES: Well that's on the record now.  
MR. CROCKETT: Yes, ma'am.  
MS. GEUEA JONES: Yeah, I just - I really -- it seems to me that you weren't  
even trying --  
MR. CROCKETT: Oh, I --  
MS. GEUEA JONES: -- to meet the UDC standard of 600 feet --  
MR. CROCKETT: Oh.  
MS. GEUEA JONES: -- and that's concerning.  
MR. CROCKETT: I don't -- I understand your perception in that, Ms. Geuea  
Jones, but that's certainly not the case. We're not -- we don't blatantly try to not design  
to the code, and I want to assure you of that, so I don't -- please don't think that, but I  
understand what you're saying.  
MS. GEUEA JONES: Thank you.  
MS. LOE: Any additional questions for this speaker? Commissioner Carroll?  
MS. CARROLL: Can I ask why this couldn't have been oriented with shorter  
block lengths if you're representing that you're trying to meet the code?  
MR. CROCKETT: Well because also when you look into adding additional block  
lengths, we're adding additional street, which is cost, it's reduced density, and then we  
also have the conflicts, we have, you know, all of the more intersections, and so we're  
trying something a little different, and this is what we've seen done in other places, and  
we're trying to do it here. And so, I mean, can we meet it? Certainly we can. You know,  
it's more pavement, more street, more impervious surface, take your pick, all of those  
things go along, we lose lots. I mean, those -- that's a development equation, I get that,  
and that's not necessarily your concern, but at the same time we're also trying to provide  
a safer place that we believe is safer as well.  
MS. LOE: Commissioner Stanton?  
MR. STANTON: Mr. Crockett, I like the overall plan.  
MR. CROCKETT: Thank you.  
MR. STANTON: I get it. This is my problem, are you blowing sunshine up my  
butt with all of these little amenities, like these walk-through sidewalks, and these pocket  
parks, is that just to win me over and then I -- when you get to developing them, Oh, we  
couldn't make it happen. Oh, we couldn't build this in.  
MR. CROCKETT: No. No, Mr. Stanton, we're not. We're not doing that.  
Because I don't think we need the pocket parks and all of those things in order to get a  
development approved. I really don't. These are things the developer has seen in other  
areas that he wants -- this is a unique piece of property, okay? This is the Sinclair farm,  
the southwest part of town, it's been undeveloped for forever, and it's one of the last  
remaining pieces, he wants to do something special with it. And he believes that this  
proposal that's before you tonight is something different and something special, and that's  
what he wants to do. That's why he sees these subparks, these pocket parks, scattered  
throughout the development, and then have the main anchor right there across the street  
from the school. There is no coincidence why that main open space, the main common  
area, is right across -- is where it's at, because it's right across from the school. We  
think that - you know, we don't pack a bunch of density right across the street from the  
school, but it's a nice place to have an open area, if you will. And again he wants to have  
a -- one of his first things he really wanted is, Listen, I go through a lot of subdivisions and  
I see green space, but people call green space flood plain, and trees, and creeks, that's  
not a place that you can go out and play catch, you can't throw a ball around there, I  
want a place where we can have an actual open field where the kids can go play soccer.  
I know it burns up developable property, I know it's going to cost me land, it's going to  
cost me money, but that's what I want. And he goes, I think that's an important element  
of a development such as this. And so, no, we're not -- I'm not blowing smoke up your  
butt, Mr. Stanton, these are elements that he absolutely believes in and he wants to put  
in this development.  
MR. STANTON: Okay. Is this Club Med or is this -- leave it (inaudible) -- what's  
the neighborhood? You know where I'm getting at? You know what I'm into? I haven't  
heard it yet, so I'm not going to --  
MR. CROCKETT: I don't understand the question.  
MR. STANTON: Is this going to be for Club Med? Is this going to be high-end?  
I heard clubhouse, I heard --  
MR. CROCKETT: No, I mean, I think --  
MR. STANTON: You know, is it --  
MR. CROCKETT: No, I think that's why --  
MR. STANTON: -- my neighborhood? Can people like me in my neighborhood,  
can I go get a lot out there and be okay? Is it, you know --  
MR. CROCKETT: Yeah, we have the city minimums, we're having, you know,  
cottage-style houses, we have developers wanting to put in 40-foot wide lots, you know,  
so, yeah, we want that diverse mix, we want that wide range of residential options.  
Absolutely. I mean, if we're looking for, as you referred to it, as Club Med, Mr. Stanton,  
we'd come in here with all 100-foot wide lots, but that's certainly not the case. Thank you.  
MS. LOE: Commissioner Kimbell?  
MS. KIMBELL: I have no questions, but I do want to say I appreciate the effort  
that you've put forth in this in the past year.  
MR. CROCKETT: Thank you.  
MS. KIMBELL: I appreciate your passion. I am very much in agreement with  
this. You're welcome.  
MS. LOE: Any additional questions for this speaker? I see none. Thank you,  
Mr. Crockett.  
MR. CROCKETT: Thank you.  
MS. LOE: Any additional speakers on this case? Please come forward. We  
need your name and your address for the record.  
MR. MESSER: Hi, I'm Mike Messer. This is the first time I've ever done this.  
I'm at 4750 South Old Mill Creek Road. Thanks for having me. I'm speaking on behalf of a  
group of three property owners that are adjacent to the development. We have a private  
drive that comes off of Old Mill Creek Road. And I don't know if there is a way to get a  
map back up, but we do have a couple of concerns. I first and foremost want to say that I  
am in 100 percent support of this development, but these three concerns I think I need to  
make public record for possible liability issues for the developers and those involved in the  
future.  
So if you look at the plat of the overall development, all of that is elevated above Old Mill  
Creek Road, which would be in the corner of the L of that development, and it's below that  
-- it's elevated, so all of this development is -- so I'm -- To get my six minutes, Jim  
Pescaglia of 4760 South Old Mill Creek Road, and Jason Nichols of 4740 South Old Mill  
Creek Road, have given me their proxy. So that creek is a natural watershed for this  
entire development, and if you've driven on Old Mill Creek Road ever in the summer or  
spring when it rains, it floods, and our driveway has a bridge, and the bridge is  
impassable, so we do not have a natural egress on or off of our property as-is. With the  
increased watershed from this development, I would like to see in writing how -- either  
how the Army Corp of Engineers, or Crockett Engineering with their expertise, are going  
to prevent either more watershed or be able to prevent more watershed. Old Mill Creek  
Road is impassable for all people for Magnolia Falls, Mill Creek Manor, and lots of  
Thornbrook, so that road floods right now, with all of that earth that you see that accepts  
water, instead of all of the pavement that will shove water down to Old Mill Creek.  
The second issue that I'm really concerned about is that, that's a lot of homes, so you're  
talking about over 1,000 cars on average, and the infrastructure is not ready. If you've  
ever been in the Mill Creek Elementary area; Nifong, Vawter School, right now that all has  
to be four lanes, Sinclair has to be four lanes, in order to get all of these people to where  
they need to go. And you put another elementary there, it's -- we live there, and we just  
deal with the traffic, but you literally cannot get anywhere at 8:00, 3:00, or 5:00. It's  
impossible. So most people just avoid it and go all of the way around and circumvent  
those areas which is -- that's not the way we want to live.  
And finally, Madam Commissioner, you had a good question, why is the University  
holding on to that seven acres? It's widely known that there is radioactive experimental  
testing done on animals, those pads are still there, they're still leaking today. I guarantee  
if you went out there at -- as cold as it is today, fumes and steam is coming out of every  
one of the drains on the paddocks of those slabs. I've been out there and have seen it. I  
didn't believe it, there is -- it's an awful gruesome thing to imagine, but who is going to be  
responsible for the abatement of that soil that is going to be moved? It's going to have to  
be moved, even if they don't touch that seven acres, that drainage is going somewhere.  
My water table is right below that, I have a well, I have a family, I have three kids, I don't  
want that to be disturbed. And I would like a plan in place that guarantees that that  
radioactive ground is not moved and won't hurt not only me but the waterway that goes all  
of the way to the Missouri River. So, I'm sorry, I'm really passionate about this, I'm  
shaking up here, but I have concerns. But I want this to happen, I want this -- this looks  
amazing, I think they've done great work, but let's do it the right way and do it  
thoughtfully. Thank you for your time. I appreciate it.  
MS. LOE: Thank you, Mr. Messer. Are there any questions for this speaker? I see none.  
Thank you.  
MR. NINICHUCK: Madam Commissioner, members of the Commission, thank  
you for having me. Can we bring up the -- their slide that shows the Boone County and  
the City? MS. LOE: Do we have your --  
MR. NINICHUCK: Do we have that one? Oh, sorry.  
MS. LOE: -- name and address?  
MR. NINICHUCK: Brian Ninichuck, 4700 Old Mill Creek Road.  
MS. LOE: Thank you.  
MR. NINICHUCK: Thank you. Do you have the colored one, with the colors, the  
yellow and all of that?  
MS. LOE: The zoning map?  
MR. NINICHUCK: There it is. No. Back, back, back, back. Yeah. I see the  
yellow. Where it's yellow and green and all of that. You went past it.  
MS. LOE: There it is.  
MR. NINICHUCK: There we are. The 15-acre lot there where you see Old Mill  
Creek coming through the R-5 and -- well it's all county, and I'm that chunk right there in  
the middle, that's my 15 acres. The whole south side of my property is Old Mill Creek.  
And as Mr. Messer was explaining, all of the water from this development goes through  
my property. I'm also concerned about the height of the water raising, because my house  
is not in a flood plain just yet, the water gets up there, it does flood Old Mill Creek Road,  
it does knock out his bridge -- it doesn't knock it out, it floods it over. And the water  
covers a good portion of the acreage coming up to my structure. If that water raises a  
foot, to another foot and a half, that water could be in my house. And that water has not  
gotten into the house since it was built. I'm also concerned about the flow rate. I haven't  
been able to walk the entire creek beds of the Old Mill Creek that I own now, but if the  
rate is up there, I'm concerned about the erosion issues that could occur, but those are  
my two concerns.  
I will put it on the record, I'm very development-positive. I like what they're doing here. But  
then I had a little third concern come up with this gentleman here that was talking about  
the extension of South Hampton coming through with the roundabout, going through the  
little green space there, because they were talking about having to be able to plan ahead  
for bridges and all of that, and if -- we don't have to go to the slide, but I guess you guys  
might remember the extension of South Hampton, that bridge would happen to go right  
through my property, or the road if we're going to do a connection, so that's a new  
concern of mine. So I'm going to put a little bit of an investment in my property going  
forward because I'm a little curious about that. I just want to put that on the record that I  
have no idea what that is, but I don't want a highway going through my property.  
MS. LOE: Understandable. Any question for this speaker?  
MR. NINICHUCK: Thank you.  
MS. LOE: I see none. Thank you. Any additional speakers on this case?  
MR. JENKS: Brad Jenks, 3601 West Southern Hills Drive. I thank you for your  
presentation, I could understand it, I only had to Google a few words, thanks for all of  
your services here, so thank you. I'm one of those doors that the developer knocked on.  
We had a good 30-minute, 20-minute conversation. He brought his colorful board,  
showed me the project. I think the biggest benefit for me and my family is the  
doublewide roundabout by Mill Creek Elementary. I probably go through there six, eight,  
ten times a day. I've got teenagers getting ready to start driving to Rock Bridge, so traffic  
concerns is a big issue of mine. And I think that's the biggest benefit of this whole  
project is, like some people said, roads need to be wider, and him investing the time and  
the money into doing that, is near and dear to me, knowing that two my kids will be  
driving that road quite a bit to Rock Bridge, other activities, dance studios, soccer  
practices. And I drive that ten times a day, and it is frustrating, and it is congestive at  
certain times. I do plan my day unfortunately around 8:00, 3:00, and 5:00, not to go  
through there. So I think that's a big bene- -- that was the biggest benefit when he  
explained his project to me. Mill Creek Manor being able to go through the new  
subdivision to get to the elementary school, or whatever middle school they get assigned  
to, I think is another great benefit to the community. It takes traffic off Nifong, it makes  
our lives a little bit simpler on that busy road, so -- the traffic is the biggest issue for me,  
and that sounds like they have a good solution for that, so I'm for this project. I hope you  
all will approve it and support it like I do. Thank you.  
MS. LOE: Thank you, Mr. Jenks. Any questions for this speaker? I see none.  
Thank you. Any additional speakers on this case?  
MR. PARKS: Hi, I'm Nick Parks, 5010 Thornbrook Ridge. I also Parks Proper- -  
- own Parks Properties, it has property in that blue area. I think it's about 25 acres, we  
own about 11 of those acres, so I'm at the far south end of this development. So Rob did  
take the time to meet with me and go over his development thoroughly, I appreciate that.  
And I know he spent a lot of time with a lot of the neighbors. I've owned that property for, I  
want to say, seven, eight years. And I've talked to a lot of developers who've looked at  
that property, and most have passed because a combination of what the University was  
asking for that property, and just the lay of the land there, there is a lot of undevelopable  
property on that property, a lot of people have passed, but Rob saw this -- you know, had  
a vision for this property. And maybe some of the reasons why you're seeing longer  
streets and things like that translates into just it's not a very economical development for  
most developers, but he's taking the attempt.  
I'd also like to say I grew up in Florissant, North County, St. Louis. I could ride my bike  
to Walgreen's, or to school, both my elementary school and my junior high, and it --  
those were some of the best years of my life. So I didn't have to ride the bus. So the  
proximity to the schools, and the amount of pedestrian walkways that he's providing, even  
within the neighborhood, those were in St. Louis, we had a lot of these so we wouldn't  
have to go cross a lot of streets where there were cars coming, there were -- you know,  
there were actually walkways between houses, and I don't know how those neighbors felt  
about those walkways, but for us it was gold. So -- and it really aided us to get to school  
on our bikes. So I think it's going to be a very desirable place to live. I'm even considering  
about moving from Thornbrook there. But Thornbrook is another one of those  
neighborhoods that's connected right to Beulah, I bring my kid to school in a golf cart, he  
loves it. So another -- again I might consider moving here just for that purpose.  
MS. LOE: Thank you, Mr. Parks. Any questions for this speaker? I see none.  
Thank you. Any additional speakers? There are none. We're going to close public  
comment.  
PUBLIC HEARING CLOSED  
MS. LOE: Commission comment? Commissioner Geuea Jones?  
MS. GEUEA JONES: I like the overall  
plan, I am ex- -- I don't like the fact that this block length issue is in front of us despite us  
being very clear in previous cases. And this isn't one extra-long block, this is 15  
extra-long blocks, and some of them with 11 or 12 houses along it, and that part I do not  
care for. I am open to creative ways to limit that impact without saying, you have to build  
15 extra streets, but I cannot in good conscious approve the design adjustment the way it  
is now. So if we as a Commission have a better way to get around that, but I'm just  
going to say five-foot sidewalks with pocket parks do not replace streets. And there is a  
reason that this Commission adopted the UDC standard that it did. And this is a huge  
development with again exceptions to that rule, that's just too much I think for me.  
MS. LOE: Commissioner Stanton?  
MR. STANTON: I have a question for staff. I'm going to make the assumption as  
we would approve the prelim- -- we -- that you support approving the preliminary plat, that  
you've had the discussion with fire and safety?  
MR. SMITH: They had the opportunity to review it, and they did not have any  
comments regarding, you know, impacts to fire safety for that site. And to be honest, it's  
probably a little detailed. I mean, I think, you know, 200 extra feet on a block length is  
not something that rises to the level that would be included in the fire code, and that's  
generally what they look at when they review the plan. So, no, no direct response from  
them.  
MR. STANTON: (Technical difficulty) uncommon, if I'm correct? I've been around  
a little bit, and that seems uncommon, that -- I've seen them reply to smaller issues, so  
are you saying that they just didn't want to get into this fight by not responding? I guess  
because you see where our concern is, and we are trying to hold to the letter of the UDC,  
and then we get this, and then we don't have any data to base our answer "yes" or -- up  
or down, we don't have the fire code, we don't have the fire and safety's recommendation  
on, Oh, we don't have any problem with it, or, they do have a problem with it, we don't  
know, we don't have that information. So --  
MR. SMITH: I would say that I don't think -- the UDC subdivision regulations are  
what they are, I don't think there is anything that the fire code would provide guidance that  
would alleviate the 600-foot length restriction, so I don't think they'rein a position to make  
definitive comments whether thismis a significant impact to public health or safety. So  
they -- I mean, they have some subdivision regulations they look at, we looked at the  
cul-de-sac width issue, but as far as block length, it's not something I've ever heard them  
comment on specifically.  
MR. STANTON: Okay. Maybe -- yeah, maybe it's -- because what you just --  
MR. SMITH: For cases that I've been --  
MR. STANTON: The way you just came at me I kind of felt like you just -- like  
they don't --  
MR. ZENNER: So the UDC does include -- not only does it include the  
cul-de-sac length issue, which they do take exception to, they take exception also to the  
cul-de-sac design standards that are often presented in plats that are presented to this  
body, they also take significant exception to developments that do not provide adequate  
access in accordance to the code, and that is, more than one point of ingress and egress  
to more than 30 lots, and more than 30 lots off of a single street segment as well. So in  
their review of this project, given its curvilinear nature, and its limitation of cul-de-sacs,  
and those cul-de-sacs that did exceed the maximum 300-foot length but fell within the  
"up to 750," and the cul-de-sac designs, they saw no issues with this.  
Intervening streets to them, I don't think as Mr. Smith has pointed out, really is something  
that registers with them as to how that may provide any value, given the fact that if you  
have an interconnected street network that allows them multiple points in and out of the  
development to reach those lots, that they would probably take apparatus down narrow  
street segments, or street segments that are midblock, it's going to potentially be a -- I  
would imagine from a response perspective, more time-consuming than following the  
primary road network. I think as Mr. Smith pointed out in his staff report, and I think part  
of why you've read the report the way that you may have as a lot of concern associated  
with the report, is because it is a deviation from what we would typically expect. It is a  
judgmental call that needs to be made. It is somewhat objective. And as Mr. Smith has  
reiterated, when we are asked and pressed, Is it significant? We did not feel that it was  
significant, even though we do have concern, and we have concern of the impact and the -  
- and not necessarily the precedent that it's stating, but what it means if we continue to  
see developments come forward with this type of alternative without having more specific  
criteria by which to evaluate them. And I think that's partially the frustration that exists  
here, it existed with us as we did this evaluation.  
We have no meaningful way of saying, Well, it meets A, B, C, D, in this particular  
instance, and may be appropriate. And I think that that's what we're struggling with as a  
body here tonight. It is an alternative, and it's an alternative that the commission has to  
give weight to based on all of the other factors; what's trying to be created, does it fulfill  
the general obligation of what is required? It may not fulfill it for vehicular purposes, but  
does it fulfill it for pedestrian connectivity? And I think if we're trying to create  
interconnected neighborhoods, pedestrian connectivity probably outweighs that of a  
vehicle. If your primary routes of ingress and egress to access each of the individual lots  
meets otherwise the general requirements that our traffic engineers expect to have met,  
and the fire service, meeting pedestrian needs next takes priority. And I think allowing for  
the alternative to avoid creating unnecessary streets that don't serve any public works  
perspective, or either the fire services, is something that's worthy of weighing.  
Now if we want to continue to see plats like this, I think what we do need to do is we as a  
commission and as a staff, need to have a discussion about is criteria needed. Like I  
said, I think then you have something to evaluate it against, instead of having to be  
subjective as we are being asked to tonight.  
MR. STANTON: And that's why I think - I think when we go to unchartered  
territory, we need as much support, or a lack of support, as necessary. I want them to  
toe the line. Hey, fire says no-go, fire says go. When we -- so that we can be  
progressive, we can try new things, but I don't hear that kind of expert advice, and we're  
going into unchartered water, I don't feel comfortable making a professional decision. So  
in the future I would like being across -- you know, draw a line and stand on the other  
side in the future.  
MR. ZENNER: We will continue to work with our review partners to see if we can  
get to that, and I think what we will need to do -- as you know,  
Mr. Smith handles our text changes to the UDC, I think we need to consider how  
we want to develop criteria that we can bring forth to the Commission that may help to  
provide clarity to this matter.  
MS. LOE: I have to agree that the reasons given for the design request, limiting  
street infrastructure, and limiting long-term maintenance, are not unique, those could be  
made by any applicant, and we certainly considered the fact that requiring additional  
intersections would mean additional infrastructure and additional maintenance. And as  
you point out, Mr. Zenner, we concluded that the benefit of having the opportunity for  
multimodal transportation, interneighborhood connections, weighed more than limiting  
that. So, yeah, I would have looked for a unique reason, like we often do, with the design  
adjustment to help justify an exception, and I have to admit I'm not seeing one here.  
Commissioner Carroll?  
MS. CARROLL: Yeah, there is a lot of things that I love about this plan, it is infill  
development that we've been asking for, I do see some variety in housing types, I like the  
parks. Something that you said, Mr. Crockett, really struck me, and that was that you  
want to do something special for this unique land, and I assure you we do, too. I am  
concerned about the block lengths, and like Commissioner Geuea Jones stated, it's the  
number of them, the fact that all of the central blocks wouldn't meet criteria is very  
significant to me. It's hard to look at all of the blue on that map and make that level of  
adjustment. That said, I do generally support shrinking graphic infrastructure in order to  
increase pedestrian infrastructure. I do wish that those sidewalks were wider. The width  
of sidewalk is not only for major trafficways, it's to allow for two-directional pedestrian  
traffic, and multimodal traffic, it's to allow for a wheelchair going one way, and a bicycle  
going the other way, and if you're looking at replacing a street, I think you should replace  
it with something that people could use in that type of multimodal fashion. I would also  
note that national standards for pedestrian paths are frequently accepted at ten feet, and  
the City of Columbia currently uses eight, which is a standard that we're applying to  
many of our pedestrian paths, I'll grant you that, but a five-foot sidewalk doesn't allow for  
the same type of multimodal transportation that a street would, and I think it should be  
wider in order to allow for that use.  
MS. LOE: Commissioner Geuea Jones?  
MS. GEUEA JONES: Someone else? I think I have an idea, but I don't want to  
cut off others? Okay. We can put conditions on this approval recommendation, I wonder if  
we wouldn't all feel more comfortable if those intervening sidewalks were more like  
pedways, or more like golf paths, or something like that, where you can see reasonably  
two people on bikes crossing paths or something. Because I mean that, to me, they are  
there as a replacement for the streets that would be going through those exact same  
locations if we required it, and so if we're going to say, You don't have to build a full  
street, what you're replacing that with had better be more than a small walking path or the  
-- you know, it better be something that allows for some real travel and isn't just  
symbolic.  
MS. LOE: Commissioner Burns?  
MS. BURNS: Thank you. One of our speakers said that, you know, we should  
get this right, and I agree with that speaker. I think there are a lot of questions. I think --  
I would prefer to either vote up or vote down the design adjustment, I'm not an engineer,  
I'm not an architect, I'm not a expert on streets, and so I'd rather have the experts come  
back with some suggestions for us, and simply look at the rezoning, and make some  
other decisions on the two other issues.  
MR. ZENNER: Ms. Loe?  
MS. LOE: Mr. Zenner?  
MR. ZENNER: I don't know if it would be appropriate or not, but I think in order to  
facilitate  
Ms. Geuea's suggestion, it may be worthwhile to ask the applicant, his agent, if  
they would be willing to consider widening the pathways that they have proposed as the  
replacement to the street and amend- -- a consent in essence to amending the plan in  
accordance with that increased size. I'd also like to point out that the plans that you did  
not get to see at Old Hawthorne, which we have reviewed as we have been here this  
evening, the connection pathways between the lots were actually eight feet in width, so I  
would entertain you opening the hearing, asking Mr. Crockett to come forward, and  
asking him if he would consent to that, or what impact that may be toward this project,  
and then make your decision.  
MS. GEUEA JONES: I don't even know if the --  
MS. LOE: Commissioner Geuea Jones?  
MS. GEUEA JONES: I'm not even sure that the will of the Commission is to do  
that, I was just  
throwing it out there as a suggestion, because I do like where this is headed, I just don't  
like the fact  
that it appears to completely ignore that requirement  
MS. LOE: I agree. I have to admit I have a couple more concerns about the  
internal sidewalks. One is that the design of them appears as if remnant, in that they're  
offsets of property lines, they didn't drive the design. You didn't design a path, and  
design the lots around them, you laid out the lots, and then moved the lines over five feet,  
and that resultant space became a path. And it feels like it. That puts it also into the  
category of this is not a purposeful or designed pathway. I'm in full agreement that  
they're just much too -- not wide enough. Three foot is the accessible minimum width  
when the sidewalk is less than 200 feet long, you have several sidewalks that are over  
200, and a couple that are over 300 feet long in these cases, so the length of them I'm  
concerned about. I'm also concerned about fencing. You know, what are the neighbor's  
property allowed to do next to it? So I'm interested not only in what the width of the walk  
is, but what landscaping or what offset we're going to have next to the walk This -- I agree  
this really should be if we're replacing an internal street system and saying that this is  
going to be a pedestrian route, if it is nice, it will be used. I totally applaud the pocket  
park, love pocket parks; however, I'm not sure three are going to be enough for this size  
community, especially if one is dedicated to being a dog park, one is dedicated to being  
a playground, that leaves one for adult gathering potentially, and I have to walk a mile to  
get to it. I mean, that -- I almost feel like you need one per block to bring that block  
together. So I guess I still have a lot of questions beyond just widening these sidewalks  
to make me feel as if it really is a working intended internal system. I also still have some  
questions about the seven-acre lot. We've been told that the University doesn't intend to  
do anything with that, can we restrict development on it? I'm not happy with this access  
easement across a common area that the homeowner's association is going to be  
required to build and maintain the driveway on. So there is a driveway to that pump  
station or whatever is up there? Right? No?  
MR. SMITH: I think the expectation would be that it wouldn't be the HOA  
maintaining the drive, it would be shared to some degree, because the City would be  
maintaining a portion of it, but I'm sure that there would be an easement agreement  
structured at some point to lay out the maintenance of that I'm assuming between the  
owner --  
MS. LOE: Then the City is maintaining a driveway for the private seven-acre lot?  
MR. SMITH: It would be an easement, and it would likely be to the benefit of the  
City and the University, and it would probably lay out the maintenance agreement within  
that easement. It would be the HOA's property, but maintenance of the drive would most  
likely be for those two entities.  
MS. LOE: Can we restrict it as a condition that nothing can get developed on  
there? Because it is being landlocked. If you're giving it a 35-foot right-of-way, and that  
can develop, what, 25 houses in there? And would have single access? And -- I just  
want to --  
MR. SMITH: Not -- we can't restrict it necessarily --  
MS. LOE: Okay.  
MR. SMITH: -- because it's not in the preliminary plat, and they are not required  
to include it because of the size of the parent tract, they only actually have to include up  
to 80 acres of contiguously-owned property, so they are allowed to leave that out, but as  
we pointed out there is a little concern with the access, but --  
MS. LOE: So can we require two access points given the size of it?  
MR. SMITH: I mean, we can --  
MS. LOE: And how it could be developed? We have stub-outs to other areas.  
MR. SMITH: That could be a requirement, yeah.  
MS. LOE: Okay. Yeah, I guess I would like to explore that more if we don't have  
a clear idea of how that seven-acre parcel is being developed and there is a potential for  
development.  
MR. SMITH: It would have to come back before this body. It would have to have  
its own plat at some point to develop. Given the size of it, it would probably -- it could be  
a minor, but it would most likely also have a preliminary, so it would be back in front of  
this body if any further development were sought for that piece.  
MR. ZENNER: It would be a major development given the fact that infrastructure  
is not  
being -- infrastructure at this point is not being stubbed to it. So as you see it today with  
only a 35-foot access, it's not a developable parcel of land because it doesn't have  
utilities, and it does not require to provide them pursuant to the code. Furthermore, I  
believe as Mr. Stephens raised, this is under a agreement that the DNR has with the  
current owner of the land, I don't know what the -- don't know what that agreement says,  
that's not really relevant to the case at hand, per se, I understand that there is a concern  
with that, but we don't regulate separate contractual obligations with the state agents -- to  
state agencies. I think providing secondary access, in my opinion, actually encourages  
the development of this property, which is potentially what we don't really want to do.  
You normally wouldn't have a DNR agreement with the property if it was developable, it  
would probably have already been included in this project, so there is a reason to isolate  
it and not have residents of this neighborhood having easy access to that property  
possibly. You know, I think that it's remote, it's intended to be held by the current  
property owner in perpetuity as we know and that may be part of what a separate  
agreement states. And as Mr. Smith just pointed out, it is a major -- any development of  
this seven acres would be a major development, and it would have to meet all of our other  
requirements, and that -- probably given how it has been conveyed to you this evening,  
that may include some very significant environmental clearance documentation before it's  
even developable.  
MS. LOE: I'm simply not used to approving actions that create potentially  
undevelopable lots so --  
MR. ZENNER: Normally -- yeah, normally what we would see is this -- if this  
parcel were  
included, we'd normally see a "Not for development," note on the property, but the current  
property owner has chosen to keep it in its ownership long-term, and the way that our  
code is set up, they are allowed to do so. So it is an oddity. It's unique.  
MR. SMITH: We had suggested they add it to the prelim so we could regulate it  
in some fashion, but they had the option not to do that.  
MS. LOE: Any additional comments? Commissioner Stanton? Oh,  
Commissioner Placier has a comment, too.  
MR. STANTON: Oh, okay. Well go ahead.  
MS. PLACIER: Oh --  
MS. LOE: Commissioner Placier?  
MS. PLACIER: -- well asking about the seven acres, if this -- if it has been  
deemed to be environmentally dangerous, or perhaps even dangerous to people, I would  
want to restrict access of children or whoever in the neighborhood to it actually, but I don't  
know if we could even do that.  
MS. LOE: We can't take comments from the --  
MR. STANTON: Yeah, we can't hear you without being recognized.  
MS. LOE: -- audience, I'm sorry. It's not included in the preliminary plat, so we  
can't make any comment on it, is my understanding.  
MS. PLACIER: Put up a big skull and cross bones or something?  
MR. SMITH: I would suggest, Ms. Placier, it is in the best interest of the current  
property owner to secure that property from a liability perspective, and they will take  
whatever steps that they deem necessary to do so. I would imagine Mr. Hill, in his  
development of the property should that -- should this reach that point, would want to  
coordinate with them to ensure his residents are safe as well.  
MS. PLACIER: I would think so.  
MS. LOE: Any additional comments before I go to Commissioner Stanton?  
Commissioner Stanton?  
MR. STANTON: I didn't want to hear it, but I heard it, and now I have -- we have  
to address it. I worked in environmental engineering before, and once you hear it -- you  
know, I did lead and asbestos abatement, once you hear it, you can't unhear it. So my  
thing is, what do we do about it? And what does Crockett and Mr. Hill know about it?  
And what is -- how are we going to protect it? I mean, I heard it. So either call him a liar  
or tell me something about seven acres that cannot be developed and it doesn't have  
infrastructure. I can't unhear it, somebody has got to tell me something. So we can  
open up public hearing, or we go off what we know, but I heard it.  
MS. LOE: Commissioner Carroll?  
MS. CARROLL: The University is going to take precautions for this. They own  
the land, they've done that at their other research sites, radioactive contamination from  
medical isotopes used on animals is usually not an acute risk, as in you wander through  
the property and you have an acute toxicity. It is a prolonged exposure that you may be  
concerned about. And the University has mitigated those risks by taking precautions.  
They have an entire department in charge of this. They inspect frequently. It's not part of  
this for a reason I'm sure. We don't have someone here to speak on that tonight. I think  
that it's good to restrict access there, and I think there is a reason they've planned for  
that. I think it's good that there is less density back there and larger lot sizes. I -- We're  
not dealing with a plan that includes that lot. And that's all I'm going to say.  
MR. STANTON: I'm not happy with that answer, but -- I heard it, I feel you, and  
you're a scientist, you're a chem- -- I --  
MS. PLACIER: I have a --  
MR. STANTON: -- so your word is gospel to me when it comes to this subject. I  
understand that it has been remediated, I understand that, but nobody said nothing about  
that from -- on the developer's side, we're just hearing that from a owner's perspective, he  
could be lying, we don't have any facts.  
MS. PLACIER: Exactly, that's my point.  
MR. STANTON: So somebody knows something somehow what has been done.  
What? There has got to be something -- some kind of document that says, Okay. Hey,  
this is clear for human consumption.  
MS. PLACIER: I'm sure the documents exist at least internally within the  
University, they document this frequently.  
MS. LOE: Commissioner Geuea Jones?  
MS. GEUEA JONES: So all due respect to the University, there are two cities in  
St. Louis County that are dealing with massive issues because someone remediated it,  
but here is what I'm going to say, they don't own this property yet, no one has done any  
of the study yet, they haven't applied for building permits yet, when all of that happens,  
someone is going to have to figure out was it medical isotopes, was it something else,  
was it nothing? Do the places over there steam because of reasons that are completely  
unrelated to radiation? All of that is going to be figured out. These owners may find out  
they bought a lemon, but all of that is above and beyond what we're doing here today, I  
think, but I think that I share a lot of Commissioner Stanton's concerns. I -- in fact, a lot  
of them. I think that we're going to find out this was a massive brownfield and that's why  
no one has built on it before. But --  
MR. STANTON: (Inaudible) may have an answer.  
MS. LOE: Any additional comments? If not, I'm going to open the floor back up  
to public comment.  
OPEN PUBLIC HEARING  
MR. CROCKETT: Madam Chair, Tim Crockett, Crockett Engineering, 1000 West  
Nifong. Yes, there has been extensive remediation on this piece of property, the  
University has gotten clearance, it's my understanding clearance from the feds as well as  
the State on this piece of property. And, Ms. Carroll, correct me, this is in your world, so  
please forgive me, the -- they had a environmental engineer, an environmental remediation  
company come in and evaluate the work that had been done for closure, is my  
understanding. There is documents 500 pages, we've had our title work, we've had our  
professionals, we've had everybody else look at that information from the University. The  
University had to be cleared to be able to sell the property even just to start with. What  
they came back with is that exposure on that piece of property exposes people to -- now,  
Ms. Carroll, correct me here, 0.15 MREMs per year. Now the average person is exposed  
on a natural basis anywhere from 320 to 630 MREMs per year, and this piece of property  
is .15. Natural soil is more than that typically. What -- bananas have radioactive material  
in them believe it or not at .01. So what's on that property today, according to what the  
third-party environmental assessment agency says, is basically the same as eating 15  
bananas. This was on the piece of property. And so, yes, has there been something in  
the past? Yes. But there is documentation that clears that site. And so that's what  
we're going off of, that's what our professionals have reviewed, that's with the University,  
the federal government, as well as the State. Now what's on that seven acres? I don't  
know. But they've cleared what we are cleared - what we have -- what we are able to  
purchase, they've cleared that for occupation, for dirt work, they've cleared that for  
development. Similar to the school right across the street, two schools, one school for  
sure, and possibly another one, is going in that location, and of course you know the  
school district has done all of their due diligence as well. And so that's the information  
that we have.  
MS. LOE: Thank you.  
MR. CROCKETT: So it's not just hanging out there with big unknowns, there has  
been a  
tremendous amount of work done on that site.  
MS. LOE: Commissioner Carroll?  
MS. CARROLL: I will give one more  
comment on this. I'm going to be extremely reticent to speak on the record about this  
having not seen actual data and numbers myself presented, I can only speak to the  
department that I know exists, and the type of work that I know exists. I don't know what  
they're doing there, and I don't know what exists on the land if it's not presented to me, I  
do know that they are responsible to check it frequently.  
MS. LOE: Any additional questions for  
Mr. Crockett? Commissioner Kimbell?  
MS. KIMBELL: This doesn't pertain to the  
seven acres, but it does pertain to the inner  
sidewalks.  
MR. CROCKETT: Yes, ma'am.  
MS. KIMBELL: Are you willing to make those wider?  
MR. CROCKETT: We are.  
MS. KIMBELL: Okay.  
MR. CROCKETT: We'd be willing to make those wider, yes. We'd be willing to  
go to eight feet.  
MS. KIMBELL: That's all I have. Thank you.  
MR. CROCKETT: Thank you.  
MS. LOE: Any additional questions? None. Thank you, Mr. Crockett.  
MR. CROCKETT: Thank you.  
MS. LOE: I'm going to close public comment.  
CLOSE PUBLIC HEARING  
MS. LOE: Back to commissioner comment. Commissioner Burns?  
MS. BURNS: Well, I just have a whole new host of questions about what we're  
talking about. So regarding -- you know, as I say, I want to get this right, I want to be fair  
to the applicant, and fair to  
the homeowners who have brought concerns to us, so I don't think I can support the  
design adjustment or even the preliminary plat. I can support the rezoning action.  
MS. LOE: Is there a motion in there?  
MS. KIMBELL: Mr. Stanton has got one.  
MS. LOE: Oh, Mr. Stanton.  
MR. STANTON: If my colleagues don't have any other additional questions or  
comments, I would  
like to entertain a motion, Madam Chair. As it relates to Legacy Farms preliminary plat,  
Case 5 --  
MR. ZENNER: Mr. Stanton?  
MR. STANTON: Yes, sir.  
MR. ZENNER: If you will please, we first need to do the zoning.  
MS. LOE: Oh, yeah.  
MR. ZENNER: Then we'll need to do the design adjustments. And then we will  
wrap up with the  
final -- with the preliminary plat.  
MR. STANTON: I was kind of going off the screen Mr. Smith had lined up now.  
MR. SMITH: I apologize, we are --  
MR. ZENNER: We'll roll you back.  
MR. SMITH: We are corrected there.  
MR. STANTON: Okay. So as it relates to Case #71-2022, Legacy Farms  
Rezoning, I move to approve the rezoning of the site to R-1, R-MF, and RN - and M-N.  
MS. RUSHING: Second.  
MS. LOE: Moved by Commissioner Stanton, seconded by Commissioner  
Rushing. We have a motion on the floor, any discussion on this motion? Seeing -- Oh?  
MS. GEUEA JONES: I was just going to say --  
MS. LOE: Commissioner Geuea Jones?  
MS. GEUEA JONES: Thank you. Given the new information that we have, I  
may have become more reticent on this even than I was before. But just based on the  
fact that if any of this is true, and we have had none of it in any of the staff reports or any  
of the information that was presented to us until this very last minute, I don't want to put  
residences on a place where I haven't seen any environmental reports.  
MS. LOE: I have to admit that thought has crossed my mind as well. Any other  
comments/discussion? Seeing none. Commissioner Carroll, may we have roll call.  
MS. CARROLL: Commissioner Placier?  
MS. PLACIER: The rezoning? No.  
MS. CARROLL: Commissioner Kimbell?  
MS. KIMBELL: Yes.  
MS. CARROLL: My vote is "yes". Commissioner Loe?  
MS. LOE: Yes.  
MS. CARROLL: Commissioner Stanton?  
MR. STANTON: Yes.  
MS. CARROLL: Commissioner Burns?  
MS. BURNS: Yes.  
MS. CARROLL: Commissioner Rushing?  
MS. RUSHING: Yes.  
MS. CARROLL: Commissioner Geuea Jones?  
MS. GEUEA JONES: No.  
MS. CARROLL: We have six "yeses" and two "noes," the motion carries.  
MS. LOE: Thank you. Commissioner Stanton, did you want to make the  
second motion? This one would be for --  
MR. STANTON: Madam Chair, I would --  
MS. LOE: -- design adjustment.  
MR. STANTON: I would be honored, Madam Chair, since I've been batting,  
what's that, 1,000 all night? All right. As it relates to case --  
Mr. Smith, are we on the right page before I say -- Okay. As it relates to Case  
59-2022, Legacy Farms Preliminary Plat, I move to approve design adjustments from  
Section 29-5.1(c)(3)(ii) to allow block lengths to extended -- to extend 600 feet and  
approve --  
MS. LOE: We can stop there.  
MS. RUSHING: No, no, stop there.  
MR. ZENNER: Stop there.  
MR. STANTON: Okay.  
MS. RUSHING: Second.  
MS. LOE: Moved by Commissioner Stanton, seconded by Commissioner  
Rushing. We have a motion on the floor. Any discussion on this motion? Commissioner  
Placier?  
MS. PLACIER: Yeah, just a question, we have had this discussion about the  
paths, and them being wider, and all of that, does that come into this at all as a condition  
or --  
MS. LOE: Not as moved.  
MS. PLACIER: -- would we be asking for a resubmittal of that?  
MS. BURNS: That would be the preliminary plat, if we were to deny that, it  
would not allow those --  
MS. LOE: Commissioner Jones -- or, Burns, I'm sorry.  
MS. BURNS: Burns.  
MS. LOE: Right; this would -- we would -- we have not made any conditions on  
the design adjustment.  
MS. PLACIER: Okay.  
MS. LOE: Any additional discussion? Commissioner Kimbell?  
MS. KIMBELL: Can we go back to that motion -- to the motion?  
MR. STANTON: What I just -- Okay. The approval of the design adjustments  
from Section 29-5.1(c)(3)(ii) to allow block lengths to exceed 600 feet.  
MS. LOE: Commissioner Stanton?  
MR. STANTON: And I'm just going to say this, I plan to support this. Number  
one, because like one of the homeowners said, he tried to make lemonade out of lemons  
with this situation. I understand that we are trying to hold firm to these principles that we  
put in the UDC, but just like I asked about the fire stuff, you know, it's left to us to be  
subjective, and my subjective opinion is, I like the way it is. It's not normal, but it's  
different. We're trying to go outside the box, and I do respect the fact that it's not as  
easy as redrawing these lines. I'm in this world myself and it's just not as easy as - as  
redrawing it on a piece of paper, so I plan to support it.  
MS. LOE: Any additional discussion? Seeing none. Commissioner Carroll, may  
we have roll call, please?  
MS. CARROLL: Commissioner Placier?  
MS. PLACIER: No.  
MS. CARROLL: Commissioner Kimbell?  
MS. KIMBELL: Yes.  
MS. CARROLL: My vote is "no". Commissioner Loe?  
MS. LOE: No.  
MS. CARROLL: Commissioner Stanton?  
MR. STANTON: Yes.  
MS. CARROLL: Commissioner Burns?  
MS. BURNS: No.  
MS. CARROLL: Commissioner Rushing?  
MS. RUSHING: No.  
MS. CARROLL: Commissioner Geuea Jones?  
MS. GEUEA JONES: No.  
MS. CARROLL: We have two "yeses" and six "noes," the motion is denied.  
MS. LOE: Thank you. Commissioner Stanton, one more motion.  
MR. STANTON: Right. As it relates to Case #59-2022, Legacy Farms  
Preliminary Plat, I move to  
approve the preliminary plat.  
MS. RUSHING: Second.  
MS. LOE: Moved by Commissioner Stanton, seconded by Commissioner  
Rushing. Any discussion on this motion? Seeing none, Commissioner Carroll, may we  
have roll call, please?  
MS. CARROLL: Commissioner Placier?  
MS. PLACIER: No. I want to see a new plan.  
MS. CARROLL: Commissioner Kimbell?  
MS. KIMBELL: Yes.  
MS. CARROLL: My vote is "yes". Commissioner Loe?  
MS. LOE: No.  
MS. CARROLL: Commissioner Stanton?  
MR. STANTON: Yes.  
MS. CARROLL: Commissioner Burns.  
MS. BURNS: No.  
MS. CARROLL: Commissioner Rushing?  
MS. RUSHING: No.  
MS. CARROLL: Commissioner Geuea Jones?  
MS. GEUEA JONES: No.  
MS. CARROLL: We have three "yes" votes and five "no" votes, the motion is  
denied.  
MS. LOE: Those recommendations will be forwarded to City Council. That  
concludes our cases for the evening.  
As it relates to Case # 71-2022, Legacy Farms Rezoning, move to approve the  
rezoning of the site to R-1, R-MF, and RN – and M-N.  
6 - Burns, Loe, Rushing, Stanton, Carroll and Kimbell  
2 - Geuea Jones and Placier  
Yes:  
No:  
1 - MacMann  
Absent:  
Case # 59-2022  
A request by Crockett Engineering (agent), on behalf of Curators of the University of  
Missouri (owner), for approval of a 532-lot preliminary plat that will allow the  
subdivision & development of the site with single-family and multi-family housing, and  
neighborhood commercial areas, to be known as Legacy Farms Preliminary Plat, with  
a design adjustment to Section 29-5.1(c)(3)(ii) to allow longer block lengths on  
multiple blocks. The 383-acre property is currently zoned A (Agricultural) and is  
located on the west side of Sinclair Road, approximately 700’ south of Nifong  
Boulevard.  
All meeting testimony associated with Case # 59-2023 is fully presented within the  
minutes of Case # 71-2023.  
Motion # 1 - As it relates to Case 59-2022, Legacy Farms Preliminary Plat,  
move to approve design adjustments from Section 29-5.1(c)(3)(ii) to allow  
block lengths to exceed extend 600 feet. VOTING YES: Kimball, Stanton  
VOTING NO: Placier, Carroll, Loe, Burns, Rushing, Geuea Jones. Motion fails  
(2-6).  
Motion #2 - As it relates to Case #59-2022, Legacy Farms Preliminary Plat,  
move to approve the preliminary plat. VOTING YES: Kimball, Carroll, Stanton  
VOTING NO: Placier, Loe, Burns, Rushing, Geuea Jones. Motion fails (3-5)  
IX. PUBLIC COMMENTS  
MS. LOE: Are there any public comments? Seeing none.  
X. STAFF COMMENTS  
MS. LOE: Are there any staff comments?  
MR. ZENNER: Yes, there are. Next meeting is March 10th. And as we  
discussed this evening in work session, we will be shifting track in the work session,  
we're going to have a discussion in regards to some updates to the engagement -  
proposed engagement plan to answer questions that the Commission had originally  
posed at the end of December. We've done some additional research and we're going to  
be presenting that to you as half of the work session. And the other half of the work  
session is going to be allocated toward scoping text changes for the next main round of  
UDC revisions that Mr. Smith will be spearheading. We want to be able to establish a  
framework of work moving through the early portion of this new calendar year. We will  
come back to the discussion with short-term rental on the March 24th agenda and pick  
up from where we left off this evening which was excellent progress.  
You do have a gaggle of cases on the March 10th agenda. While it is not near -- well, I  
wouldn't say it may not be nearly as tantalizing as this evening, it definitely is more, and  
it may result in the same length meeting. We have a single final plat for College Park,  
this is the division of the College Park church, there is a church on College Park just to  
the north, if I am correct in my directions, of the school. They are looking at doing a  
division on that property. This is not a legal lot; therefore, it is required to come back  
before the Planning and Zoning Commission. So that is 1your sole free-standing  
subdivision. And it is one of these that it's a final. And the reason it's coming to you is  
because it's not a legal lot today. And then we've got in our center section of the agenda,  
public hearings and subdivisions. And in this we have an odd three-fer on the same  
parcel of property. So it is a parcel that has both frontage on Hinkson Creek Road and  
Paris Road, this is just to the north of the US-63 and Paris Road interchange. There is a  
request to rezone the property from A to M-C. There is also a CUP request on the  
property to authorize a travel trailer park on a portion of the acreage. And then there is a  
final plat that is being presented in order to establish legal lot status for the property to  
allow it to be able to be utilized for the travel trailer park purposes. All of that will be  
covered in one concurrent report. And then we will take three separate votes as it relates  
to the project. And then the second accompanying project under "Public Hearings and  
Subdivisions," is a standard two-fer. It's a permanent zoning request. County MLP and  
R-M, they're multi-family residential, and -- to IG is the permanent request. This is up off  
of Prathersville Road. If any of you are familiar with that general area, Apac Paving is the  
business that's immediately behind this somewhat industrialized area. The MLP is the  
county's planned industrial zoning district. And it may be ML, I apologize, you know, you  
sometimes get county zoning designations a little bit jumbled. But the IG, if I understand  
correctly from the review that's been conducted on the property at this point, is consistent  
with the surrounding land use pattern, and then would likely be consistent with our  
comprehensive plan which would have identified future land use based on its current  
zoning. And then the second half to that two-fer is the final plat to allow legal lot status.  
The R-M parcel is actually currently improved with a single-family home, or was improved  
with a single-family home, and it is being merged with the larger parcel that is adjoining  
the industrial property.And then to wrap-up the meeting, we have three more public  
hearings, another conditional use, this is the old - the one at 3100 South Old Highway 63,  
it was a former landscaping center, this is proposed to be construction contractor's  
offices, is what they are proposing the CUP for, for those purposes, it's for a  
redevelopment of the property. This is just to the north of the Chinaberry/Bearfield  
roundabout. And then Quarry Heights, Plat 7, this was the rezoning -- or not rezoning -- of  
course, platting action that came forward about two or three months ago, where we had  
the homeowners come out in the adjoining neighborhood and said they wanted the  
sidewalk to have a design modification approved for it. So Mr. Gebhardt is taking this up  
-- taking the neighborhood up on that desire and submitted the design modification to  
waive sidewalk requirements for this particular single lot. And then the final sidewalk  
design adjustment is for the A-1 Rental Property at the intersection of Old 63 South and  
Stadium, which has frontage on Stadium Boulevard as you're going up the hill. They are  
seeking a sidewalk modification waiver to not install sidewalk along any of their roadway  
frontages, that's US-63 -- Old 63 as well as Stadium Boulevard. So those will be  
presented under the "Public Hearing" section. A total of nine business items, but just in  
three categories. So familiarize yourself. Here is our College Park property, the school is  
immediately to the south of the property, and then the recreation facility is there to the  
west. The same map for our Hinkson Creek and Paris Road properties, that acreage, and  
it's right there as I said at the interchange of US-63 and Paris Road heading up the  
industrial corridor. Our properties for Prathersville, the yellow line represents the city limit  
boundary, and then this parcel would be being brought in. A mobile home park behind  
you actually is still in place, but doesn't have that many mobile homes in it, that you see  
in the background. And then of course the more industrial property immediately abutting  
this to the north is the Apac facility for their paving operations. And then the final three  
projects are Old Highway 63, CUP. This is -- Macher's Swim Club is what you see to the  
south of this. And then of course the Chinaberry and Bearfield roundabout there just to  
the south of the -- north of the daycare. Our Quarry Heights property that seeks the  
sidewalk waiver there. And then the last sidewalk variance is for Old Highway 63 and the  
A-1 Rental site. Those are your projects for this evening -- or for next meeting. And we  
look forward to seeing you all there. And we thank you for hanging out with us tonight.  
XI. COMMISSIONER COMMENTS  
MS. LOE: Commission comments?  
XII. NEXT MEETING DATE - March 10, 2022 @ 7 pm (tentative)  
XIII. ADJOURNMENT  
MS. KIMBALL: I make a motion to adjourn.  
MR. STATNTON: Second.  
MS. LOE: Oh, wait. Commissioner Rushing?  
MS. RUSHING: I'm just asking that for our next meeting we have a break.  
MS. BURNS: We have a break.  
MS. LOE: The conversation was so engrossing, I'm sorry.  
MS. RUSHING: I know.  
MS. LOE: It kept changing, new information --  
MS. RUSHING: And I made it, but I can tell you, I don't sit well.  
MS. LOE: Pass me a note.  
MS. CARROLL: I'd like to make a commissioner's comment.  
MS. LOE: I need a second on the adjournment.  
MS. GEUEA JONES: Second.  
MS. LOE: Seconded by Commissioner Geuea Jones.  
Meeting adjourned.  
(Off the record at 10:28 pm)  
(End of audio recording.)  
Move to adjourn