P&Z Public Meeting Packet

TANEY COUNTY PLANNING COMMISSION
P. O. Box 383 • Forsyth, Missouri 65653
Phone: 417546-7225/7226 • Fax: 417546-6861
website: WlVlV. taneycounty. org

AGENDA
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, MAY 10, 2010, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Establishment of Quorum
Explanation of Meeting Procedures
Presentation of Exhibits

Public Hearing:
Bill Majors

Permit Renewal Requests:
Altom Construction Office

Old and New Business:
Bylaws
Duplexes
Branson Airport Cell Tower

Adjou rn ment.
 TANEY COUNTY PLANNING COMMISSION
P. O. Box 383 • Forsyth, Missouri 65653
Phone: 417546-7225/7226 • Fax: 417546-6861
website: JVww. taneycounty. org
TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
BILL AND KELL Y MAJORS
MAY10,2010
#10-7

Public Hearing for Bill and Kelly Majors at 13159 St. Hwy. 160 in the Swan Township.

The applicant requests approval to construct four commercial buildings.

History: Approved for Concept April 1, 2010. The Taney County Commission granted an
emergency waiver in February 2010 to allow the project to begin construction until the Division
III process could be completed by the Planning Commission.

General Description: The subject property is located between St. Hwy. 160 and St. Hwy. H. The
adjoining properties to the request consist of commercial, agriculture and residential.

Review: The proposed site will consist of a used car facility with shop area, tire store and light
repair facility, and a motorcycle sales and repair facility. The use of the final building will be
determined at a later date. The project scored a +20 out of a possible 81 on the policy checklist.
Items receiving a negative score were waste disposal service, utilities, screening/waste
containers and traffic.

Summary: If the Taney County Planning Commission approves this request, the following
requirements shall apply, unless revised by the Planning Commission:

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

a. Sediment and erosion control (Section 4.1.1.)
b. Storm water management (Section 5.1)
c. Land grading permit (Appendix F)
d. Delineation of the 100 year floodplain (Taney County Floodplain Management
Ordinance 60.3b Sec. A)
e. Utility easements and buildings line setbacks (9.1)
f. Foliage screening or fencing for commercial area that adjoins residential tracts
(Section 11.1.3)
g. Improvements with scale of bUildings, streets, onsite parking and utilities
(Appendix K-1)

2. Compliance letters from the Fire, Sewer and Water Districts (Section 4.6 Appendix S).

3. No outside storage of equipment or solid waste materials.

4. Division II Permits will be reqUired for all applicable structures in the development
(Section 14.4.1.2).

5. The Decision of Record shall be filed with the Taney County Recorder's Office within 120
days or the approval shall expire (Appendix D Step 6).
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REAL ESTATE DOCUMENT
TANEY COUNTY, MISSOURI
/ANEY COUNTY PLANNING COMMISSION RECORDERS CERTIFICATION
DIVISION III DECISION OF RECORD I?:UQQ~
MARCH 16, 2009 ROBERT A. DIXON
ALTOM CONSTRUCTION OFFICE
#08-71

On March 16, 2009 the Taney County Planning Commission (grantor) approved a request by
Altom Construction for an office building and yard for storage. In accordance with this approval a
Division III Permit #08-71 is issued for the property located at the attached legal description.

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

Kevin Altom is authorized to construct an office bUilding, and yard for storage of construction
equipment and fuel located at St. Hwy. 160 and Blair Road. With seven out of nine Planning
Commissioners present, the vote to approve was six in favor and one against. 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 (Section 4.1.1)
b. Stormwater management (Section 5.1)
c. Land grading permit (Appendix F)
d. Delineation of the 100 year floodplain (Taney County Floodplain Management
Ordinance 60.3b Sec. A)
e. Utility easements and building line setbacks (9.1)
f. Foliage screening or fencing for commercial area that adjoins residential tracts
(Section 11.1.3)
g. Improvements with scale of bUildings, streets, onsite parking and utilities
(AppendiX K-1)

2. Compliance letters from the Fire, Sewer and Water Districts, DNR, Health Department,
and MoDot, if applicable. (Section 4.6 Appendix S)

3. No outside storage of solid waste materials.

4. This decision is subject to all existing easements.

5. Division II Permits will be required for all applicable structures in the development (Sec.
14.4.1.2)

6. This Decision of Record shall be filed with the Taney County Recorder's Office within 120
days or the approval shall expire (AppendiX D Step 6).

Legal description attached
 TANEY COUNTY PLANNING COMMISSION
-BYLAWS-

PREAMBLE

WHEREAS, with the first class status, in excess of 39,000 residents, and several million
tourists, Taney County, Missouri nestles in the heart of beautiful Ozark Mountain
Country, and

WHEREAS, the fractured and soluble limestone hills, verdant landscapes, and clear
lakes and streams which compliment the natural beauty also creates an environmental
potential for plundering pollution, and

WHEREAS, Taney County is one of the fastest growing counties in Missouri, but still has
time and space for orderly development when gUided by the Planning Commission, and

WHEREAS, voters in Taney County have diverse heritages but a mutuality of concern to
maintain and enhance the environment, as demonstrated by their support of planning
by these percentages during four challenges and referenda, as follows:

1966,60%
1980, 54%
1981, 61 %
1982, 59%

Therefore,

BE IT RESOLVED THAT

These bylaws be adopted by the Taney County Planning Commission and submitted to
the County Commission for their approval and implementation on a date mutually
agreed upon.

ARTICLE 1. NAME

The name of this organization shall be the Taney County Planning Commission.

ARTICLE II. LEGAL AUTHORITY
 REVISED STATUTES OF MISSOURI 64.800-64.840

ARTICLE III. OBJECTIVES

The Taney County Planning Commission is empowered by law and is mandated by the
County Commission to establish standards for, and guide the rational development of
water facilities, other natural resources, subdivisions and transportation routes, and to
develop and implement other public benefits that promote the health, safety, and
human welfare of all citizens in Taney County.

ARTICLE IV. MEMBERSHIP

Revised Statutes of Missouri 64.805 mandate membership as follows: The county
planning commission shall consist of the highway engineer, and one resident of the
county appointed by the county commission, from the unincorporated part of each
township in the county, except that no such person shall be appointed from a township
in which there is no unincorporated area. The township representatives are hereinafter
referred to as appointed members. The term of each appointed member shall be four
years or until a successor takes office, except that the terms shall be overlapping and
that the respective terms of the members first appointed may be less than four years.
The term of the county highway engineer shall be only for the duration of the
engineer's tenure of official position.

ARTICLE V. COMPENSATION

Section 64.805 RS Mo. States:

"All members of the county planning commission shall serve as such without
compensation, except that an attendance fee as reimbursement for expenses may be
paid to the appointed members of the county planning commission in an amount, as set
by the county commission, not to exceed twenty-five dollars per meeting."

ARTICLE VI. OFFICERS

"The planning commission shall elect its chairman, who shall serve for one year."
(Section 64.805 RS Mo.)

Although not authorized by law, the Taney County Planning Commission shall also elect
a Vice-Chairman from among its members.

ARTICLE VII. ADMINISTRATOR, OTHERS.
SECTION 64.810 RS MO.
"The commission may appoint such employees as it may deem necessary for its work
and may contract with planners and other consultants for such services as it may
require and may incur other necessary expenses."

ARTICLE VIII. PARLIAMENTURE PROCEDURE, VOTING RIGHTS.

The latest edition of Robert's Rules of Order as revised shall be followed for all
parliamentary procedures. One vote each shall be the right of the County Engineer, and
the Commissioners from each of the eight townships. No one else has a vote.

ARTICLE IX. ADVISORY COMMITTEES.

From each township, the Taney County Commission shall appoint as many advisors as
they wish. Those advisors shall work closely with their respective township members of
the Planning Commission as well as be available to serve on county-wide committees,
as constituted from time to time.

ARTICLE X. MEmNGS

All meetings of the Planning Commission, except executive meetings, shall be open to
the public. The number of meetings and the hour, day, and their location, shall be
determined by the Planning Commission.

ARTICLE XI. COMMITTEES

The Chairman may appoint as many committees as he/she considers necessary for
conducting the business of the Planning Commission. At this time of appointment, the
chairman and purposes of the committee shall be declared.

ARTICLE XII. OFFICIAL YEAR

The calendar year shall be the official year for all transactions.

ARTICLE XIII. AMENDMENTS

At any meeting of the Planning Commission, when there is a quorum, these bylaws may
be amended by a two-thirds vote of the membership.

Be assured that, when the masculine form is used in these bylaws, it shall be known to
include the feminine gender.
 TANEY COUNTY PLANNING COMMISSION
BYLAWS

ROBERTS RULES OF ORDER AS REVISED, SHALL PREVAIL

1. All official meetings shall be held the second and third Mondays of each month,
with the second Monday as the "public hearing" and the third Monday as the
"concept hearing and regular business meeting". The meetings will start at 6:00
p.m.

a. Public Hearing: call to order, public hearings, permit renewal requests, old
and new business, adjournment.

b. Concept/regular business meeting: call to order, review and action minutes,
final votes, concepts, permit renewal requests, old and new business,
adjou rn ment.

2. The meeting will be held in a business-like way, with the following way of doing
business:

a. Give adequate notice of meeting
b. Let everyone be heard
c. Allow cross examination
d. Disclose all
e. Make findings of fact
f. Avoid conflict of interest
g. Decide quickly, but in a thorough way
h. Keep good records/all records shall be open to the public
i. Set ground rules

3. Meetings will adjourn at 9:30 p.m. unless a vote is taken to extend meeting and
a time set to adjourn again.

4. If a special meeting is needed it will be voted on by the members present and
those not there notified of date and time.

5. Each February meeting shall be set aside specifically to review the past years
business and proposed new amendments to the Code.

6. All members present at the meetings shall vote on the subject being discussed
either by Yea/Nay or abstain and shall be so recorded.
7. Any member having a direct conflict of interest on any business coming before
the Commission, shall excuse himself from the meeting and will not discuss it
and will not vote on that matter.

8. Only the chairman, or someone appointed by him, can call a special meeting or
cancel a meeting.

9. Any member not able to attend the meeting shall notify the Chairman or
Administrator in due time.

10.AII members shall make every effort to attend all regular business meetings. If
any member misses three consecutive meetings, the County Commission may
ask for his/her voluntary resignation for the benefit of the County.

11. All meetings shall have an agenda.

12. The Chairman of the meeting shall:

a. Control the meeting
b. Be fair to all
c. Bri ng to a vote

13. Those in attendance shall confine their remarks to the subject at hand.