1 FRANKLIN COUNTY PLANNING AND ZONING COMMISSION FRANKLIN COUNTY GOVERNMENT CENTER EAST LOCUST STREET UNION, MISSOURI

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1 1 FRANKLIN COUNTY PLANNING AND ZONING COMMISSION FRANKLIN COUNTY GOVERNMENT CENTER EAST LOCUST STREET UNION, MISSOURI TRANSCRIPT OF PROCEEDINGS PUBLIC HEARING NOVEMBER 27, (Commencing at 11:00 a.m.) Reported by: 23 Patsy A. Hertweck, Court Reporter Midwest Litigation Services

2 1 I N D E X 2 PROCEEDINGS PAGE 3 Call to Order and Roll Call 5 4 Reading of Hearing Procedures by Ms. Eagan File Applicant Raymond Harmon: 7 Presentation by Ms. Eagan 6 8 Presentation by Applicant Harmon 8 9 Supporting Testimony: 10 By Mr. Edward Lamarr Adjournment Certificate of Reporter

3 1 E X H I B I T S 2 IDENTIFICATION DESCRIPTION PAGE 3 Franklin County: 4 A Franklin County Unified Land Use Regulations 6 B Official Zoning Map 5 7 C Official Master Plan 5 8 D Case Files For All Cases Heard (All exhibits were retained by the Commission, and will not 11 be attached to the transcript.)

4 1 A P P E A R A N C E 2 COMMISSION MEMBERS: 3 John Griesheimer, Chairman 4 Ann Schroeder, Commissioner 5 Terry Wilson, Commissioner 6 7 COMMISSION STAFF: 8 Mark Vincent, Legal Counsel 9 Ms. Scottie Eagan, Senior Planner planningandzoning@franklinmo.net

5 1 P R O C E E D I N G S 2 (NOVEMBER 27, 2012) 3 CHAIRMAN GRIESHEIMER: I guess we'll go 4 ahead and get started. 5 This is a rehearing on File No The 6 Applicant's name is Ray Harmon. He is rezoning one parcel 7 of land from Suburban Development to Commercial Activity, 8 which is a Commercial Business, CA3. 9 The property is located at 2846 Tiny Ridge 10 Way, approximately 3/10 of a mile west of Highway NN in 11 Calvey Township. 12 Okay, Scottie. 13 MS. EAGAN: Okay. First I'm going to 14 read the rezoning hearing procedures. 15 At this time, I would like to place into the 16 record the Franklin County Unified Land Use Regulations of as Exhibit A, the Official Zoning Map as Exhibit B, 18 the Official Master Plan as Exhibit C, and the case file 19 for each case as Exhibit D for all of the cases to be heard 20 at this hearing. 21 (Thereupon, evidence was marked for 22 identification and submitted for the record as 23 Commission Exhibits A, B, C, and D.) 24 As each case is opened, a staff report will 25 first be read by the Planning and Zoning Department, 5

6 1 followed by the Commissioners' questions for the staff. 2 Then if anyone in the audience would like to 3 speak or comment during the hearing, they must first print 4 their name on the sign-in sheet provided, and then be sworn 5 in. When it is your turn to speak, you will come to the 6 front of the room to address the Commission and only the 7 Commission, not anyone in the audience, with any questions 8 or comments. 9 Generally the Applicant for the rezoning is 10 allowed to speak first, followed by those in support of the 11 rezoning and then those opposed. The Applicant may speak 12 again after comments from the general public to address any 13 questions or issues brought up during the hearing. 14 At the conclusion of all questions, comments 15 and discussion concerning each case, the public hearing for 16 each case will conclude. The decision will generally be 17 made by Commission Order at a later date during the County 18 Commission's regular meeting time. 19 And again, this is File for Raymond 20 Harmon. 21 The Facts: At the September 18, Planning and Zoning Commission meeting, the Commission 23 voted to recommend approval for this rezoning with six in 24 favor and zero opposed. 25 The total area for rezoning is approximately 6

7 1 two acres. 2 The current zoning of this property is 3 Suburban Development. 4 The Applicant would like to rezone to 5 Commercial Activity 3 of Community Business. 6 Commercial Activity Community Business 7 provides locations for a wide range of commercial retail 8 service and manufacturing activities serving a large 9 community trade area. 10 The properties surrounding both sides are 11 zoned Suburban Development. 12 The immediate surrounding properties are 13 generally low-density residential properties. There are 14 higher density subdivisions to the east close to the 15 intersection of Tiny Ridge Way and Highway NN. 16 According to the Assessor's records, there 17 is currently a commercial building located on the property 18 in question. 19 The property has access to Tiny Ridge Way. 20 This is a county road with a right-of-way 21 width of 65 feet. 22 Staff Comments: Rezonings are allowed in 23 our regulations due to the ever-changing conditions that 24 exist in the county and elsewhere. According to Article 25 14, Section 325, any such change must promote the health, 7

8 1 safety, morals, comfort, and general welfare of Franklin 2 County by conserving and protecting property and building 3 values, by securing the most economical use of land and 4 facilitating the adequate provision of public improvements 5 in accordance with the Master Plan adopted by Franklin 6 County. 7 C HAIRMAN GRIESHEIMER: Is there anyone 8 -- is the Applicant -- is there anyone in the audience 9 wanting to speak in favor of the applicant? If you want to 10 come forward to speak in favor of it. 11 (Thereupon, the Witness was sworn on 12 his oath by the court reporter, and testified as 13 follows:) 14 MR. HARMON: What do you want me to do? 15 CHAIRMAN GRIESHEIMER: Say whatever. 16 COMMISSIONER SCHROEDER: Just tell us 17 what you ant to do with the property. 18 CHAIRMAN GRIESHEIMER: Yeah. 19 MR. HARMON: I just want to have it 20 rezoned to where the property so that the buyer can use it 21 for his needs. 22 CHAIRMAN GRIESHEIMER: You have the 23 property sold? 24 MR. HARMON: Yes. 25 CHAIRMAN GRIESHEIMER: And you've had 8

9 1 the property, I want to say, gosh as long as I can 2 remember. It's been a long time, before even zoning was 3 established. 4 MR. HARMON: Oh, yeah, it was before my 5 -- before there was any zoning. That's when Laura Noonan 6 was, I guess, on the Board, because she was the one that 7 come down there with the zoning. 8 COMMISSIONER SCHROEDER: Pardon me? 9 MR. HARMON: Laura Noonan was the -- I 10 guess she was on the County Board at that time because she 11 was the one that come around with the zoning. That was in 12 the early '70s somewhere. 13 CHAIRMAN GRIESHEIMER: Any questions? 14 I do want to apologize. There was, I guess, 15 a snafu, some misunderstanding between you all and us on 16 the procedure. So you know, you are here, and we 17 appreciate that. And we'll get this going. 18 Is -- as far as -- that's all you need to 19 do. I mean, is there anyone in the audience who wishes to 20 testify in support of the application? Come forward. 21 (Thereupon, the Witness was sworn on 22 his oath by the court reporter, and testified as 23 follows:) 24 MR. LAMARR: Edward L. Lamarr, Bud 25 Lamarr. Phone number? 9

10 1 MS. REPORTER: I don't need that. 2 MR. LAMARR: Folks, to start with, I 3 want to apologize for not making the other meeting. We 4 were a little confused, I guess. We didn't think we were, 5 but we were. So I hope you'll forgive us. 6 CHAIRMAN GRIESHEIMER: Yes, we will. 7 MR. LAMARR: But -- 8 CHAIRMAN GRIESHEIMER: I'm that way 9 every once in a while. 10 MR. LAMARR: I'm actually Ray's 11 brother-in-law and the Realtor that is handling the 12 transaction for the property. And the property has been 13 used for 40 years as a warehouse/office, and that's 14 basically what it's going to be now, except now that you 15 have different ordinances that you have to have the zoning. 16 So we sure would appreciate if we could get 17 it rezoned and let the people get moved in and I think 18 they'll be a good neighbor. 19 COMMISSIONER SCHROEDER: Thank you. 20 MR. LAMARR: With that, thank you. 21 CHAIRMAN GRIESHEIMER: Is there anyone 22 else in the audience wish to testify in favor of the -- the 23 rezoning? (None voiced.) 24 Okay. Is there anyone in the audience 25 wishing to testify in opposition to the rezoning, or for -- 10

11 1 or for informational purposes only? (None voiced.) 2 Seeing none, that will conclude the hearing 3 on this rezoning. 4 (Thereupon, the proceedings were 5 concluded at 11:09 a.m.) 6 o8o 7 UNLESS OTHERWISE NOTIFIED IN WRITING BY THE PARTIES 8 INVOLVED, ALL NOTES IN CONNECTION WITH THIS PROCEEDING WILL 9 BE DESTROYED 12 MONTHS FROM THE DATE OF THIS PROCEEDING

12 1 CERTIFICATE OF REPORTER 2 STATE OF MISSOURI ) 3 ) ss: 4 COUNTY OF JEFFERSON ) 5 6 I, PATSY A. HERTWECK, Professional Court 7 Reporter and Notary Public within and for the State of 8 Missouri, the officer before whom the foregoing public 9 meeting was taken, do hereby certify that the public 10 meeting aforementioned was held at the time and in the 11 place previously described IN WITNESS WHEREOF, I have hereunto set my 14 hand and seal Patsy A. Hertweck, C. R. 18 Notary Public, State of Missouri 19 My Commission Expires:

1 FRANKLIN COUNTY PLANNING AND ZONING 2 FRANKLIN COUNTY COMMISSION TRANSCRIPT OF PROCEEDINGS PUBLIC MEETING MAY 28, (Commencing at 11:02 a.m.

1 1 FRANKLIN COUNTY PLANNING AND ZONING 2 FRANKLIN COUNTY COMMISSION 3 4 5 6 7 8 FILE NO. 130050 9 10 11 12 13 TRANSCRIPT OF PROCEEDINGS PUBLIC MEETING MAY 28, 2013 (Commencing at 11:02 a.m.) 14 15 16