Plans for a market and apartment complex in the Pacific area were tabled Tuesday night by the Franklin County Planning and Zoning Commission.
The commission voted 5-1 in favor of tabling Sam Salamah’s preliminary plat request. The vote will give Salamah a chance to address the county’s issues with the preliminary plat.
Commissioners Tim Reinhold, Stanley Voss, Ron Williams, Todd Boland and Dan Haire voted in favor to the table plat. The lone objection came from Chairman Bill Evans. Commissioners Bill McLaren, Ray Cunio, Jay Schultehenrich and Russell McCreary were absent from Tuesday’s meeting. Commissioner Tom Tobben recused himself from the vote because of a conflict.
Sam Salamah is proposing a new development in the community development (CD) zoning district. The property is located at the intersection of Highway 100 and Highway OO just outside the Pacific city limits.
Both the market and apartment complex are allowed in the zoning district.
Planning Director Scottie Eagan said the preliminary plat was incomplete and missing some key information. She said a land use permit from the Missouri Department of Natural Resources is required because more than one acre is being disturbed, but no permit was found.
Eagan said there also was no record of a traffic study and plans for the development were not submitted to the Boles Fire Protection District. She said both Boles and the Missouri Department of Transportation (MoDOT) had concerns about the development.
More than 20 neighbors of the proposed development sent letters to the county objecting to the plan. The objections cite concerns with stormwater management, property values, traffic and fit within the largely undeveloped area.
Many of those opponents spoke out against the plan when it was first presented to the plan board last year. Salamah applied for a rezoning in late 2017 for 3 acres connected to the planned development. He said his plan was to have the whole area zoned commercial for the development.
The Franklin County Commission denied the rezoning in December. According to the commission order passed in December, the applicant failed to present any credible evidence that the proposed zoning change would promote the health, safety, morals, comfort and general welfare of Franklin County.
After Eagan pointed out what was missing from the preliminary plat, Evans said the board could either table the plat or vote for a denial. A denial would give Salamah 90 days to fix any issues and resubmit.
Tabling the request still gives Salamah a chance to address the issues, but without having to resubmit and without a timeline. The plat can be pulled from the table at a future meeting.
The commission ultimately decided to table the plat. Evans no vote did cause some confusion.
With four commissioners absent and one member recusing himself, the plan board only had six voting members of it’s 11-member board. Eagan said she was unsure how the board’s bylaws defined a majority.
Eagan had to confer with attorney Mary Zastrow to see if a majority meant a majority of members voting present, or a majority of the board. If the rules required a majority of the board, six votes would be needed to approve anything.
Zastrow, who was at the meeting in place of County Counselor Mark Vincent who left after announcing his retirement, said she wasn’t well versed in the board’s bylaws. However, after conferring, she said she believed a majority would just be of the members voting.
Based on Zastrow’s opinion, the vote was upheld and the plat was tabled.