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

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1 1 1 FRANKLIN COUNTY PLANNING AND ZONING 2 FRANKLIN COUNTY COMMISSION FILE NO TRANSCRIPT OF PROCEEDINGS PUBLIC MEETING MAY 28, 2013 (Commencing at 11:02 a.m.) Reported by: 24 Patsy A. Hertweck, C. R. Midwest Litigation Services 25

2 2 1 I N D E X 2 PROCEEDINGS PAGE 3 Call to Order and Roll Call 4 4 Reading of Hearing Procedures By Ms. Eagan 4 5 File No Edward G. and Marilyn t. Heisel: 6 Presentation by Ms. Eagan 5 7 Presentation by Applicant 8 8 Opposition by Ms. Linton 9 9 Rebuttal by Applicant Discussion and Vote Adjournment Certificate of Reporter E X H I B I T S 15 IDENTIFICATION DESCRIPTION PAGE 16 Franklin County: 17 A Franklin County Unified Land 4 18 Use Regulations B Official Zoning Map 4 20 C Official Master Plan 4 21 D Case Files -- all Cases Heard (All exhibits, if any, were retained by the Commission, and will 24 not be attached hereto.) 25

3 3 1 A P P E A R A N C E S 2 COMMISSION MEMBERS: 3 John Griesheimer, Chairman 4 Timothy Brinker, Commissioner 5 Michael Schatz, Commissioner 6 LEGAL COUNSEL AND STAFF: 7 Mark Vincent, Attorney 8 Ms. Scottie Eagan, Planning Director 9 Ms. Nichole Zielke, Administrative Asst. 10 Mr. Tori Korim, Enforcement Officer 11 MIDWEST LITIGATION SERVICES: 12 By: Patsy A. Hertweck, C. R North Eleventh Street 14 St. Louis, Missouri (314)

4 4 1 P R O C E E D I N G S 2 (May 28, 2013) 3 CHAIRMAN GRIESHEIMER: All right. We'll 4 go ahead and call this May 28th public hearing to order. 5 Scottie, go ahead and read. 6 MS. EAGAN: Okay. I'll do the hearing 7 procedures first and then my staff report. 8 At this time, I would like to place into the record 9 the Franklin County Unified Land Use Regulations of 2001 as 10 Exhibit A, the official Zoning Map as Exhibit B, the official 11 Master Plan as Exhibit C, and the case file for each case as 12 Exhibit D for all the cases to be heard at this hearing. 13 (Thereupon, evidence was marked 14 for identification as Exhibits A, B, C, and D.) 15 As each case is opened, the staff report will first 16 be read by the Planning and Zoning Department, followed by the 17 Commissioners' questions for the staff. 18 Then if anyone in the audience would like to speak 19 or comment during this public hearing, they must first print 20 their name on the sign-in sheet provided and then be sworn in. 21 When it is your turn to speak, you will come to the 22 front of the room to address the Commission and only the 23 Commission, not anyone in the audience, with any questions or 24 comments. 25 Generally, the Applicant is allowed to speak first,

5 5 1 followed by those in support of the rezoning and then those 2 opposed. The Applicant may speak again after comments from the 3 general public to address any questions or issues brought up 4 during the hearing. 5 At the conclusion of all questions, comments, and 6 discussion concerning each case, the public hearing for each case 7 will conclude. The decision will generally be made by Commission 8 order at a later date during the County Commission's regular 9 meeting time. 10 And this is File No The Applicant is Ed 11 and Marilyn Heisel. 12 The Applicant wishes to rezone one parcel 13 approximately 1.6 acres in size from Agricultural Non-Urban to 14 Community Activity 3 Community Business. 15 The property is located at 385 Highway M, 16 approximately 400 feet south of Wall Street, in Boles Township. 17 The Facts: The property is currently zoned 18 Agricultural Non-Urban. 19 The Applicant would like to be rezoned to Commercial 20 Activity 3 Community Business. The intent of this district is to 21 provide locations for a wide range of commercial, retail, 22 service, and manufacturing activities serving a large community 23 trade area. 24 The area directly surrounding the property is 25 primarily low-density residential with a few high-density

6 6 1 residential properties to the northeast. 2 Directly west of the property is the railroad. 3 According to the Assessor's records, there appears 4 to be four buildings on the property. Two of them are listed as 5 commercial warehouses, and two are listed as sheds. 6 Prior to the Applicant owning the property, the 7 property was used by MoDOT as a maintenance and storage facility. 8 The Applicant would like to sell the property and 9 the prospective buyer owns a small trucking company that would 10 use the property to store and dispatch trucks, similar to the 11 MoDOT use. 12 Staff Comments: Rezonings are allowed in our 13 regulations due to the every-changing conditions that exist in 14 the County elsewhere. According to Article 14, section 325, any 15 such change must promote the health, safety, morals, comfort, and 16 general welfare of Franklin County by conserving and protecting 17 property and building values, by securing the most economical use 18 of land and facilitating the adequate provision of public 19 improvements in accordance with the Master Plan adopted by 20 Franklin County. 21 And the Planning and Zoning Commission heard this on 22 their April meeting, and they voted with 9 in favor and 0 opposed 23 to recommend rezoning. 24 CHAIRMAN GRIESHEIMER: Okay. One minor 25 correction I'd like to make, and this is on the general

7 7 1 application form, the addendum that you have. It's just a minor 2 thing, but in the middle of the page it says the property is 3 bordered on the east side by Highway M and on the west side by 4 the Missouri Pacific. It should be Missouri Central Railroad, 5 because there is a difference there. 6 So just change that Pacific to Central, and you're 7 good to go. 8 I'm sorry. You done, Scottie? 9 MS. EAGAN: Yeah. Where are you talking 10 about? 11 CHAIRMAN GRIESHEIMER: Okay. On the 12 addendum that we got here, MS. EAGAN: Okay. 14 CHAIRMAN GRIESHEIMER: -- look in the 15 middle of the page. 16 MS. EAGAN: This? 17 CHAIRMAN GRIESHEIMER: Yeah. And COMMISSIONER BRINKER: Fourth section 19 down, "The property is bordered on the east side...." 20 MS. EAGAN: Oh, okay. 21 CHAIRMAN GRIESHEIMER: Yeah. 22 MS. EAGAN: Okay. 23 CHAIRMAN GRIESHEIMER: All right. 24 I'd like to ask now for the Applicant to come 25 forward, and when you do, be sworn in by our court reporter.

8 8 1 (Thereupon, the witness was sworn on his 2 oath by the court reporter.) 3 MR. HEISEL: Okay. Thank you. You'll 4 know that I can add a lot maybe when we went through the process 5 with Planning and Zoning, and it was approved. And as I pointed 6 out then, the intended use the trucking company is going to be 7 very similar to MoDOT's past use. 8 If you have questions, I'll try to answer them. 9 Other than that, it's pretty straightforward. 10 COMMISSIONER BRINKER: Pretty 11 straightforward. Mr. Heisel? 12 MR. HEISEL: Yes, I'm sorry. I did 13 announce. 14 CHAIRMAN GRIESHEIMER: That's quite all 15 right. 16 MR. HEISEL: I didn't know. 17 CHAIRMAN GRIESHEIMER: Probably want to 18 have for the record your name and address. 19 MR. HEISEL: Yes, my name is Ed Heisel. I 20 live at 1776 Highway T, Labadie. 21 CHAIRMAN GRIESHEIMER: Any questions for 22 Mr. Heisel? 23 COMMISSIONER SCHATZ: I don't have any. I 24 think it's pretty straightforward. 25 CHAIRMAN GRIESHEIMER: It is. We also

9 9 1 welcome -- welcome you to the Commission Chambers today. 2 With that, we have no questions. Excuse me. Is 3 anybody else in the audience wish to testify in support of the 4 rezoning? (None.) Okay. Seeing none, go ahead. Go ahead and 5 sit down. 6 MR. HEISEL: Thank you. 7 CHAIRMAN GRIESHEIMER: Is there anyone in 8 the audience wish to testify in opposition to the rezoning? Yes, 9 ma'am. You want to come forward and (Thereupon, the witness was sworn on his 11 oath by the court reporter.) 12 MS. LINTON: My name is Vivienne Linton. 13 V-I-V-I-E-N-N-E L-I-N-T-O-N. 14 And I own the property across the street from this 15 lot. I own 384 Highway M, and I own 390 Highway M. And with it 16 going from this Agricultural Non-Urban to Commercial -- CA3, 17 whatever you want to call it, from what I had read on the zoning 18 statutes downstairs, that they might say you can have whatever whoever is buying this go in for a truck depot, but they also 20 leave open a lot of other items that can go in there. 21 You can have a gas station. You can have a Dollar 22 General. You can have all kinds of traffic that is not conducive 23 to what I have planned on doing with my property. With MoDOT 24 being over there, I knew it was there when I purchased it. I was 25 aware of it, and I dealt with it. It was very low time when

10 10 1 trucks came in in the morning and in the evening, and to have it 2 open to any other type of business that can go in there besides 3 whom they're selling it to -- if it's a Conditional Use Permit, 4 that's fine, but when they sell it, they would have to come out 5 for zoning and go through the process again. 6 But for what is being left open that anything can go 7 in there, that would be a higher concentration of highway 8 traffic. I have enough trash that I pick up from people trying 9 to hit the signs right now along the side the road, much less any 10 other amount of traffic. 11 I'm not saying this company would do it, but once 12 this zoning is put into full effect, anything can go in there 13 which is listed in the zoning. 14 Conditional Use Permit for what they say is going 15 in, that would fine. Then when they would move or sell it, it be 16 up to me to come here again voice my approval or disapproval of 17 what is going around my property. 18 CHAIRMAN GRIESHEIMER: Ms. Linton, is it? 19 MS. LINTON: Yes. 20 CHAIRMAN GRIESHEIMER: Did you look at the 21 transcript of the Planning and Zoning meeting? Did you testify 22 at that Planning and Zoning meeting? 23 MS. LINTON: That notice that I got, it 24 said nothing would be -- no outside influence would be taken. 25 CHAIRMAN GRIESHEIMER: Okay.

11 11 1 MS. LINTON: It would just be the Planning 2 and Zoning Commission for the previous notice that I had gotten, 3 that no input was allowed. So I figured I was basically wasting 4 my time taking off from work to be able to put my input in. 5 CHAIRMAN GRIESHEIMER: Okay. Well, at 6 least it did receive a notice? 7 MS. LINTON: Yes, but the way I read it 8 was that anything I would say would have no bearing. It was just 9 the Commission at that time. 10 CHAIRMAN GRIESHEIMER: Yeah. Before you 11 go, any questions for Ms. Linton? 12 COMMISSIONER BRINKER: I'm trying to get 13 the exact location of your property. Is it the large parcel 14 directly across or MS. LINTON: I own CHAIRMAN GRIESHEIMER: Why don't you come 17 back up here. 18 MS. LINTON: I own the acres that 19 wraps around Highway M all the way around Bruns Bridge Road. I 20 own the original 1 through 7 lots of the original town of Villa 21 Ridge. I own lots COMMISSIONER BRINKER: Okay. But the 23 property you're referencing currently is the one that's vacated? 24 MS. LINTON: Yes, that and what's around 25 it. That's 384 is a vacated lot.

12 12 1 COMMISSIONER BRINKER: Okay. 2 MS. LINTON: The property goes to COMMISSIONER BRINKER: All right. 4 MS. LINTON: I own 390 also and those 5 three lots that 390 sits on. 6 COMMISSIONER BRINKER: If I could be so 7 bold, what -- what are your future plans for the property? 8 MS. LINTON: Oh, mine or my children? 9 COMMISSIONER BRINKER: Well, I guess 10 that's what I'm getting at in terms of admission of evidence in 11 the public hearing portion of this. 12 MS. LINTON: Right now? 13 COMMISSIONER BRINKER: I take it whatever 14 you're proposing to do with the property as stated doesn't 15 coincide with what your plans are for the property. 16 MS. LINTON: Right now the acres my 17 one son and daughter-in-law have built a house on. They plan on 18 keeping it agricultural. They have their horses, their chickens, 19 their sheep they're getting. And 384 and 390 right nephew lives 20 in the one. My daughter is moving into the other, and she is 21 moving on her horses. So -- and with the way those lots sit and 22 access to the road, the way they were originally built, I 23 mean, it sits right on the highway. Getting in and out of that 24 drive is a pain in the butt. 384 is also a pain with the grade 25 level, and with the traffic that there, I mean, it is a

13 13 1 thoroughfare. It is a main highway road. 2 COMMISSIONER BRINKER: So it's going to be 3 residential as it exists today? 4 MS. LINTON: It will basically stay 5 exactly the way it is now. 6 COMMISSIONER BRINKER: Okay. Thank you. 7 MS. LINTON: Lot more fences and a lot 8 more animals. 9 CHAIRMAN GRIESHEIMER: Mike, do you have 10 anything? 11 COMMISSIONER SCHATZ: No, sir. 12 CHAIRMAN GRIESHEIMER: Thank you. 13 Anyone else who wish to testify in opposition to the 14 rezoning proposal? (None.) 15 With that, Ed, would you like to come back up and do 16 you want to rebut any of the statements or -- or anything that 17 was said? 18 MR. HEISEL: No, I really can't. When you 19 rezone property, there are permitted uses. And that's one of the 20 difficulties of it. The intended buyer, I don't think, is going 21 to -- and his activity is going to substantially differ from that 22 of MoDOT, but that doesn't speak to the future. So I don't have 23 a lot other to add. 24 CHAIRMAN GRIESHEIMER: Okay. Thank you. 25 COMMISSIONER SCHATZ: Thank you.

14 14 1 COMMISSIONER BRINKER: Thank you. 2 CHAIRMAN GRIESHEIMER: Scottie? 3 MS. EAGAN: I just wanted to explain that 4 at the Planning and Zoning level, we don't accept any public 5 input. 6 CHAIRMAN GRIESHEIMER: Yeah. 7 MS. EAGAN: You guys will hear that. 8 CHAIRMAN GRIESHEIMER: Yeah. What do you 9 want to do? Want take this under advisement? 10 COMMISSIONER BRINKER: I mean, do we act 11 on this today? 12 MS. EAGAN: You don't have to. 13 CHAIRMAN GRIESHEIMER: Don't have to. We 14 could, but we don't have to. 15 COMMISSIONER BRINKER: I mean, I can act 16 on it right now, quite frankly. It fits well within the guides 17 of the zoning code. As much as I sympathize with your desiring 18 it not to be able to change, it's a no-brainer. So I mean, 19 motion to approve the rezoning. 20 CHAIRMAN GRIESHEIMER: We have a motion to 21 approve the rezoning request. 22 COMMISSIONER SCHATZ: I'll second it. 23 CHAIRMAN GRIESHEIMER: We have a second. 24 We have a motion by Commissioner Brinker to approve the zoning 25 request second by Commissioner Schatz. Discussion? (None.)

15 15 1 All those in favor signify by saying aye. 2 COMMISSIONER SCHATZ: Aye. 3 COMMISSIONER BRINKER: Aye. 4 CHAIRMAN GRIESHEIMER: Aye. 5 All those opposed. (None.) The ayes have it. The 6 request is approved voice vote. We will have a Commission Order 7 ready. Mark, do you have that in? 8 ATTORNEY VINCENT: (Nodding.) 9 CHAIRMAN GRIESHEIMER: We'll have that 10 next week to approve -- officially approve the rezoning request 11 next week. 12 So got anything else, Scottie? 13 MS. EAGAN: No. 14 CHAIRMAN GRIESHEIMER: Okay. Need a 15 motion to adjourn. 16 COMMISSIONER SCHATZ: I'll make that 17 motion. 18 COMMISSIONER BRINKER: I'll second. 19 CHAIRMAN GRIESHEIMER: We have a motion 20 made by Commissioner Schatz seconded by Commissioner Brinker to 21 adjourn the rezoning request. All in favor signify by saying 22 aye. 23 COMMISSIONER SCHATZ: Aye. 24 COMMISSIONER BRINKER: Aye. 25 CHAIRMAN GRIESHEIMER: Aye.

16 16 1 All those opposed. (None.) The ayes have it. The 2 rezoning request and this hearing is -- has been ended. 3 (Thereupon, the proceedings were 4 concluded at 11:18 a.m.) 5 o8o

17 17 1 CERTIFICATE OF REPORTER 2 I, PATSY A. HERTWECK, Professional Court Reporter and 3 Notary Public within and for the State of Missouri, before whom 4 the foregoing proceeding was taken, do hereby swear that the 5 aforementioned was held at the time and in the place previously 6 described. 7 IN WITNESS WHEREOF, I have hereunto set my hand. 8 9 Patsy A. Hertweck, Court Reporter 10 Notary Public, State of Missouri 11 My Commission Expires:

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

1 FRANKLIN COUNTY PLANNING AND ZONING COMMISSION FRANKLIN COUNTY GOVERNMENT CENTER 2 400 EAST LOCUST STREET UNION, MISSOURI 63084 3 4 5 6 7 8 9 10 11 12 TRANSCRIPT OF PROCEEDINGS PUBLIC HEARING NOVEMBER