P&Z Regular Meeting Packet

TANEY COUNTY PLANNING COMMISSION
P. O. Box 383 • Forsyth, Missouri 65653
Phone: 417 546-7225 /7226 • Fax: 417546-6861
e-mail: 1··chrish@co.tancy.mo.us

AGENDA
TANEY COUNTY PLANNING COMMISSION
REGULAR MEETING
MONDAY, NOVEMBER 16, 2009, 7:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Establishment of Quorum
Explanation ofMeeting Procedures

Review and Action:
Minutes, October 2009

Final Votes:
The Branson Radio Network
Small Engine Doctor Relocation

ConceRts:
Briarwood on Lake Taneycomo
Gene Rogers Farms

Permit Renewal Requests:

Old and New Business:

Adjournment.
 TANEY COUNTY PLANNING COMMISSION
P. O. Box 383 • Forsyth, Missouri 65653
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Phone: 417546-7225/7226 • Fax: 417546-6861
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APPLICATION FOR CONCEPT \ )~" 0'
DIVISION III
TANEY COUNTY PLANNING COMMISSION (p,~\
The Concept Application is for the use of the Planning Staff and Commission to
enable us to know the nature of the planned project. The official Division III
Application for permit will be filed along with everything needed to complete
your file, as listed on the Division III Procedure Checklist. Division III
Applications: $100.00, Special Use Applications: $25.00.

NAME OF PROJECT: ;Br\((,wooc;Q eJ r"-.. bt\Wff'""\C\'(l f.-jCo JY\o L- LC

NAME OF APPLICANT: :DP\-V \ cSl \;\). ctn~ Ca('('\L l- ~ -\-\0 \Je-t
(Must be owner ofrecord)

SIGNATURE: -tA:f}!2r!k~I.-~
~e owner orrecord)
DATE: 10 h1-I.o9
MAILING ADDRESS: 552') 7ct-Q\ u.f(\(+ t\-\ ~L. ~. r S
TELEPHONE NUMBER: "'7 0 1 . . d Cfl·- 5SCf1 _
Representative Information
NAME OF REPRESENTATIVE: :s-0\-\0 e. '" \-\o\/e-r
MAILING ADDRESS {rep.}: \\ G ~ asT E:.\'tdL ~cS1. i:£\luns>of'.1 ~o, 0S-b \b

Revised 12/19/03
 Property" Information

ACCESS TO PROPERTY (street # and name): _\ 107 l-AK'-.-5l-\oRl2. 1) ,,,

Number of Acres (or sq. ft. of lot size): _--.:3~-r=::....ti!!..
.. ::d~3~=---~~;--~--;=;;
o ~ - 'g. 0 -;;J.. g - 075tJ -6?Jf) - {) 2'9. C5[) (...;- Z - CZ5 -~ -0 -6~ 9. eX> I
PARCEL !I: -e t5 a
@'» 0 de '8 Q 0 OGO Q '85 ,(90 :2:~ ;~~
(Parcel # MUST be on permit. Example: 00-0.0-00-000-000-00o.000. This number is on to~ left hand cornet:"of • d.£J+
property tax statement. If you have not paid taxes on property, must have name of previous owner of property.) l-~5

SECTION: dB TOWNSHIP: J3 RANGE: a, ~~i'
.-;;;tD2
NAME OF SUBDIVISION (if applicable): _

Lot # (if applicable) BLOCK # _

WITHIN 600' FROM THIS PROPERTY IS:
(Check all land uses that apply)

~ Commercial 0 Multi-Family )[ Residential 0 Agricultural
o Multi-Use 0 Municipality

SEWAGE DISPOSAL SYSTEM:
o Treatment Plant 0 Individual
~Central Sewer: District # _

WATER SUPPLY SYSTEM:
~Community Well 0 Private Well
o Central: District # - - - -

DOES THE PROPERTY LIE IN THE 100-YEAR FLOOD PLAIN? 0 Yes }(No

THIS REQUEST FALLS INTO ONE OR MORE OF THE FOLLOWING
CATEGORIES:

o Residential ft(Multi-Family 0 Commercial 0 Industrial
o Special Use o Other - Explain: _

Revised 12/19/03
Anyproposedproject that does not have a posted 911 address must be identified
with a survey flag at the proposed access to the property. Failure to post the
survey flag will result in a delay ofthe Public Hearing. Please give a description of
your proposedproject including all uses: (IMPORTANT: Make this description as
complete as possible as yourpublic notice will be based on the information
provided here.)

~e 1>01£<;+ UDtnm'\,s;o.-l C ~n.ae.-

OW n.~\ S ~'F ±-o \t--\CtL...-t-\O\J\CL \ 0 \.JU\.€CS:..\n'lP -

(QLt lJf\ \ +s)

Revised 12/19/03
 Briarwood on Lake Taneycomo LLC

DISCLAIMER
Taney County makes evety elfOf1 to produCe and publish
~ mo5t current and ac:a.nte nlormation possible.
TNadata IIprovldcd "asls"withOCJtwarranty
or any representation of aocu..-cy, tineliness or
co/T1Mtlene•. The burdt'n for determlni'lg acx:urICV.
oo"1*taness, timelinesa. merchantJb!lity and litness
for or the appropriateness for use (Itsts solely on the
requester. The County makes no Wirr8nties, express
orlfT1)ied.ulothe U5e 01 the Data. There are no
implied Wlrrantles of merchantabiity or fitness for
• partJeullr porpoM. The requester acknowledges and
.~pl. the limitations otthe Data.lnoluding the faer
thai the Oall II dyMmlc and Is In a COnslant _Ite of
maintenance. OOfTeetiol'l.~ update.
MP91S12OO6
 -

/

TANEY COUNTY PLANNING COMMISSION
,9IVISION III DECISION OF RECORD
FEBRUARY 21, 2006
BRIARWOOD CONDOMINIUMS (
#06-6

On February 21, 2006 the Taney County Planning commission (grantor) approved a request by
Briarwood Resorts, Inc. (grantee) to construct three whole ownership condo bUildings. In
accordance with this approval Division III Permit #06-6 is issued for the property located at the
attached legal description.

The follOWing Decision of Record details this approval and lists all applicable conditions:

Briarwood Resorts, Inc. is authorized to construct three whole ownership condo buildings with a
total of 24 units for located at 1685 Lakeshore Dr. With six out of nine Planning Commissioners
present the vote to approve was unanimous. The follOWing conditions shall be complied with:

1. Compliance with the provisions of the Taney County Development Guidance Code that
include plans for the following:

a. Sediment and erosion control
b. Stormwater management
c. Land grading permit
d. Delineation of the 100 year floodplain
e. Utility easements and building line setbacks
f. Foliage screening or fencing for commercial area that adjoins residential tracts
g. Improvements with scale of buildings, streets, onsite parking and utilities

2. Compliance letters from the Fire, Sewer, and Water Districts.
3. No outside storage of equipment or solid waste materials.

4. Division II permits will be reqUired for all applicable structures in the development.

5. There shall be no more than 24 units on the project.

6. The Decision of Record shall be filed with the Taney County Recorder's office within 120
days or the approval shall expire.

Legal description attached
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 T -\ -"~EY COUNTY PLANNING COJVIMISSI0N

APPLICATION FOR CONCEPT
DIVISION III
TANEY COUNTY PLANNING COMMISSION

The Concept Application is for the use of the Planning Staff and Commission to
enable us to know the nature of the planned project. The official Division III
Application for permit will be filed along with everything needed to complete
your file, as listed on the Division III Procedure Checklist. Division III
Applications: $100.00, Special Use APPlication~

NAMEOFPRO]ECT: GeNe Ry-e&~ Pa@m5"~ _

NAME OF APPLICANT: ~0M ~ <

(M7:7be owne~cord)

SIGNATURE: ------.\.C;~U-~L:.~~~:::::::::.----- DATE: / ~ - '). 7 .... (J 'J
~?:t~s~':v::r ofrecord)
MAILING ADDRESS: 7 yl / S-- s, I-/¥ I ~5- PR-~ T'9V1, tn C2 & S-7 ? J

TELEPHONE NUMBER: _J-L.:.tl.....:.7_-....L7....!o!£~s-:~- -!"/.....J.7:.-!P!:....-!.q ~.:...;.:!.... -,,-CLtJ1LJ..(----::::b.....J.'1:....!:t.--~~_!.7:.._.".t......2-CJ7

Representative Information
NAME OF REPRESENTATIVE: _

MAiLInG ADuR~5S (..-rt:p.j. _

TELEPHONE NUMBER (rep.): _

Revised 12/19/03
 Property Information

l4)~ Y. ~ JiWf I 2:0.-
Number of Acres (or sq. ft. of lot size): _-kf~·O~ _

PARCEL #: J Lf -:J. tJ -0 CJ (300 -OBO - eJeJ I. () ~ I
'"!

(Parcel /I MUST be on permit. Example: 00-0.0-00-000-000-000.000. This number is on top left hand comer of
property tax statement. If you have not paid taxes on property, must have name of previous owner of property.)

SECTION: () Cj TOWNSHIP: _--=~~I__ RANGE: _---:..'_7L--_

NAME OF SUBDIVISION (if applicable): _

Lot # (if applicable) BLOCK # _

WITHIN 600' FROM THIS PROPERTY IS:
(Check all land uses that apply)

o Commercial 0 Multi-Family o Residential ~Agricultural
o Multi-Use o Municipality

SEWAGE DISPOSAL SYSTEM:
o Treatment Plant 0 Individual
o Central Sewer: District # _

WATER SUPPLY SYSTEM:
o Community Well 0 Private Well
o Central: District # _

DOES THE PROPERTY LIE IN THE 100-YEAR FLOOD PLAIN? 0 Yes 0 No

THIS REQUEST FALLS INTO ONE OR MORE OF THE FOLLOWING
CATEGORIES:

L I".t:;)lue! Illal L..' !VIU!(rrdl IIUy U \...u:! H II'!::! ucB '-...! 1.1 !U\"'!~l! !O!

o Special Use ~ Other - Explain: 12-erlfr. ~L 7pek Fr-eJ S~J..-e 5

Revised 12/19/03
4lnv o!"ooosed oroiect that does nat have 2 nosted 911 iJddress must be identified
with a survey flag at the proposed access to the property. Failure to post the
survey flag will result in a delay ofthe Public Hearing. Please give a description of
your proposedproject including all uses: (IMPORTANT: Make this description as
complete as possible as your public notice will be based on the information
provided here.)

Revised 12/19/03
 Gene Rogers Farms

DISCLAIMER
Taney County makes avery dOlt to prodl.lce and publiSh
the most current and accurate information possible.
This data is provided '85 is" without WillTanty
or any representation or 8CC\Jracy, timeliness or
completenellS. The bUrden for detennlnlng 8COJrecy,
completeness, timeliness, merchenlabiWly and fitness
for" or the appropriateness lor use rests solefy on the
requester. The County makes no walTrJnUes. express
oriTflllled, 8S to lhe use o,the Data. There are no
implied warranties of meren.ntability or fitne9S for
a partlcul.r purpose. The nlqueSlef acknoWledges and
eceeplsthe tirnitetlons of the Data. including the fact
that the Data Is dyl'lamic and Is In a constant state of
mantenanoe. correction and update.
MF'915J2OO6
 TANEY COUNTY PLANNING COMMISSION
P. O. Box 383 • Forsyth, Missouri 65653
Phone: 417 546-7225/ 7226 • Fax: 417546-6861
website: WlVW. taneycottnty. org

MINUTES
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
TUESDAY, OCTOBER 13, 2009, 7:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Chairman Sarah Klinefelter called the meeting to order at 7:12 p.m. A
quorum was established with nine members present. They were: Sarah
Klinefelter, Randall Cummings, Joey Staples, Ray Edwards, Shawn Pingleton, Jim
Brawner, Carl Pride, Mark Blackwell, and Frank Preston. Staff: Eddie Coxie,
Bonita Kissee, Dan Nosalek.

Mr. Coxie read a statement explaining the meeting procedures and
presented the exhibits.

Public Hearings:
Epps Trash: a request by Frank and Barbara Epps to develop a parking lot
for trash trucks and containers located at 171 Remington Dr. Mr. Coxie read the
staff report and presented pictures and a video of the site. The Planning
Commission discussed the road width. Ellis LeCroy who lives on the adjacent
property was concerned with up keep of the road, money spent on the property
without permits, and what will become of the adjoining lots. Mr. LeCroy
confirmed that all the property surrounding this request is commercial. Mr.
Pingleton stated that for the property owner to spend money on his property
ahead of time is just a gamble for him. Mr. Coxie reported on the history of the
request. Mrs. Klinefelter referred to a letter received from Mr. LeCroy discussing
hours of operation etc. Mr. Epps and Mr. Geisey addressed the issues by stating
that before this request was applied for they were using this property for
storage. Plans are to put a row of shrubs along the property line to buffer the
containers. Mr. Pingleton would like to see another road easement bringing the
road up to county standards on their plat. This project will proceed to final vote
next week.

Trong Van Tran: a request by Ms. Tran to operate a restaurant from an
existing structure located at 2130 St. Hwy. 248. Mr. Coxie read the staff report
and presented pictures and a video of the site. Ms. Tran presented plans for the
restaurant. The entire building will be gutted, and ten feet will be added to the
south side of the building with a retaining wall so there can be parking in the
back. Mrs. Klinefelter asked that the junk around the site be controlled. Mr. Tran
stated that a wall will be built to buffer from the other businesses. There will be
thirty six parking places. The entrance was discussed and the fact that three
businesses use the two entrances. With no other discussion this project will
proceed to final vote next week. Mr. Pingleton asked for a more readable
drawing be presented.

Permit Renewal Requests:
Tim Friend requested permit renewal on permit #07-55. A motion was
made by to approve. Seconded by Mark Blackwell. The vote to approve was
unanimous.

Old and New Business:
Mr. Coxie reported on the Tiger Sanctuary. The new location is located in
the County but they will be voluntarily annexing into the City of Rockaway Beach
before requesting approval from them.

Cedar Creek Airpark was discussed by Mr. Coxie who met with their
lawyer, county counsel, and the prosecutor last week. The applicant is in the
process of trying to comply with County regulations. Harry Styron representing
the applicant presented a preliminary plat, and reported that Mr. Warner was
charged with trying to sell property that had not been platted. Mr. Styron asked
that the plats be allowed to be administratively approved so he can lawfully close
the sale of some lots. He is seeking minor sub approval, and would like to apply
for a new Division III permit to plat the rest of the property in phases. Discussion
followed regarding how to remedy the situation. Mr. Coxie stated that if this
situation is not remedied there will be people who bought property they can't
use. Mrs. Klinefelter asked to place this request on the agenda next week under
old and new business in order to get more information. Mr. Edwards would like
to see the project completed because as it looks today is an eyesore in his
opinion. Will Grinley who originally owned the land stated that he had not been
paid yet and implored the Commission to help get this project off square one so
he could get paid. Mark Shubb who handles the marketing of the airpark read a
letter to the Commission and reported that they are only selling lots on the
property which received approval on. Mr. Edwards reprimanded Mr. Shubb for
blaming the Commission because the applicant cannot close on their property.
Mr. Pingleton stated that it is obvious that something wasn't done as the
Planning Commission asked the applicant to do. Mr. Preston stated that this staff
has bent over backwards to work with the applicant, yet the applicant has not
worked with the staff. Mr. Pingleton stated that if the applicant had complied
with what was asked of them there wouldn't have been a problem. Mrs.
Klinefelter asked why they were here. Mr. Styron stated that he is trying to begin
a state of compliance. Mr. Coxie explained how a developer can go about
platting lots, and stated that when staff scheduled the applicant to come back
before them they did not show up. After discussion a motion was made by Mark
Blackwell to approve the minor subdivision if it meets County standards.
Seconded by Shawn Pingleton. Mr. Coxie reported that at this point the plat does
not meet county standards. Discussion followed. Mr. Blackwell withdrew the
original motion then made another motion to approve the minor subdivision if an
acceptable minor subdivision plat was presented that can be handled
administratively. Mr. Preston would like to give Mr. Coxie the ability to handle
this in a timely manner without the applicant haVing to appear before the
Commission again. Mr. Preston seconded the motion. Ray Edwards voted no. The
motion passed with eight in favor.

Adjournment:
With no other business on the agenda for October 13, 2009 the meeting
was adjourned at 8:55 p.m.
 TANEY COUNTY PLANNING COMMISSION
P. O. Box 383 • Forsyth, Missouri 65653
Phone: 417 546-7225 /7226 • Fax: 417 546-6861
website: lVww.taneycounty.org

MINUTES
TANEY COUNTY PLANNING COMMISSION
REGULAR MEETING
MONDAY, OCTOBER 19, 2009, 7:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Chairman Sarah Klinefelter called the meeting to order at 7:00 p.m. A
quorum was established with eight members present. They were: Sarah
Klinefelter, Shawn Pingleton, Randall Cummings, Joey Staples, Mark Blackwell,
Ray Edwards, Carl Pride, and Frank Preston. Staff: Eddie Coxie, Bonita Kissee,
Dan Nosalek, Marla Pierce.

Mr. Coxie read a statement explaining the meeting procedures.

Review and Action:
Minutes, September 2009: with a correction to September'21 a motion
was made to approve by Shawn Pingleton to change the wording of his motion
to read residential height restriction shall apply in section TS1, TS3 in the
Wilderness Club Expansion. Seconded by Joey Staples. The vote to approve the
minutes was unanimous.

Final Votes:
Epps Trash Service: request by Frank and Barbara Epps to park empty
trash trucks and containers on site located at 171 Remington Dr. Mr. Coxie
clarified the request. Mrs. Klinefelter reintroduced a letter from a property owner
not in favor of the request and stated that in her opinion he misunderstood the
request and that there will be no garbage on the site. Discussion followed
regarding having up to nine trucks on the property. Mrs. Klinefelter asked if there
were any long term plans. Mr. Epps stated that if the business grew they would
have to move, but possibly in the future they might need an additional bUilding
for shop type repairs. The Commission suggested the applicant reapply for
approval to do that when the time comes. The roads were discussed regarding
which ones were public and which were private and that Mr. Epps paid for some
of the paVing. The hours of operation would be 6 a.m. to 6 p.m. Buffering was
discussed. Mr. Preston made a motion to approve based upon the decision of
record with the addition of hours of operation being 6 a.m. to 6 p.m. Shawn
Pingleton added a maximum of 9 trucks and easement given by the applicant to
 comply with County Road Standards. Seconded by Ray Edwards. The vote to
approve was unanimous.

Trong Van Tran: a request to operate a restaurant from a previous auto
repair shop located at 2130 St. Hwy. 248. Mr. Coxie reported that the parking
which is planned will meet the requirements of the Code, and stated that the
access to the body shop would be better to use the one in front of the car
dealership. There are 34 parking spaces planned. Mr. Coxie reported that
compliance letters have been discussed with the applicant. A motion to approve
was made by Shawn Pingleton with the addition of adding a retaining wall on the
east parking area. Mark Blackwell seconded. The vote to approve unanimous.

Concepts:
The Branson Radio Network: a request by Larry Morton to produce and
syndicate live call in radio shows to be broadcasted over the internet and satellite
for am and fm radio stations from an existing single family residential structure
located at 2242 St. Hwy. 376. Mr. Coxie clarified the request and stated that all
the business is done over the internet. Mr. Lekander explained his request and
the type of programming planned. There will be no antennas. This request will
proceed to public hearing next month.

Small Engine Doctor Relocation: a request by Richard Robison to move his
existing small engine repair business down the road to 2923 Ridgedale Road. Mr.
Coxie explained that this property is less than two acres and has applied to the
Board of Adjustment this week for a variance from the two acres minimum. Mr.
Robinson addressed the Commission and presented information. Mr. Pingleton
informed the applicant that some type of buffering would be reqUired between
the business and any residential. Mrs. Klinefelter asked Mr. Robison to bring a
land use map of the property shOWing parking, storage area placement. This
request will proceed to public hearing if approval is given by the Board of
Adjustment this week.

Wolfe Trail Estates Phase 2: This project was done as a minor subdivision
and handled in house.

Fountains on Fall Creek: a request by Mark Ruda to add a canopy tour
business to a preViously approved use located at 3855 Fall Creek Dr. This project
withdrew.

Permit Renewal Request:
Integrity Hills: Request by Quality Structures to renew the approval of
November 17, 2008 permit #08-62 to construct cabins, duplexes, twelve-plexes
and amenities located off Tate Road. Angela Adams representing the project
addressed the Commission and explained the approval. Mr. Coxie made the
applicant aware that any new regulations would need to be followed. Shawn
Pingleton made a motion to approve. Randall Cummings seconded. The vote to
approve was unanimous.

Old and New Business:
Briarwood Condominiums: Mr. Coxie reported that the applicant has asked
for approval for fractional ownership. The Commission would ask the applicant to
come back before them for any additional uses not previously approved.

Airpark South: Mr. Coxie presented how the property was laid out when
they received original approval, then how it has been sold off now showing
nineteen separate owners. He discussed how the Code book allows property to
be subdivided. A copy of the new County Road standards was given to the
owner. The procedure for bringing this property into compliance was discussed.
Mr. Coxie reported that the bond which is in place is only enough to reseed but
there is not enough to put the land back like it was. Further discussion followed.

Adjournment:
With no other business on the agenda for October 19, 2009 the meeting
adjourned at 8: 15 p.m.