P&Z Regular Meeting Packet

TANEY COUNTY PLANNING COMMISSION
P. O. Box 383 • Forsyth , Missouri 65653
Phone: 41 7546-7225 / 7226 • Fax: 417 546-6861
lVebsite: WlVW. taneycounty. org

AGENDA
TANEY COUNTY PLANNING COMMISSION
REGULAR MEETING
MONDAY, NOVEMBER 15, 2010,6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Establishment of Quorum
Explanation of Meeting Procedures

Review and Action:
Minutes, October 2010

Final Vote:
Clemenson Realty

ConceRts:
Kanakuk Cemetery

Permit Renewal Request:

Old and New Business:

Adjou rn ment.
 (O-d.-7

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: $150.00, Special Use Applications: $150.00.

NAME OF PROJECT: KanakukCemetery
-------------------------------------
NAME OF APPLICANT:
-----------------------------------
K·Land One, LLC

(Must be owner of record)

SIGNATURE: ___ _____________________ DATE: October8,2010
(Must be owner of record)

MAILING ADDRESS: 1353 Lakeshore Drive, Branson, MO 65616

TELEPHONE NUMBER: 417.334.3241
-----------------------------------
Representative Information
NAME OF REPRESENTATIVE: ___
Je_rry_J_eSC_h_k_e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

MAILING ADDRESS (rep.): 109 N. Veteran's Boulevard, Suite 400, Branson, MO 65616

TELEPHONE NUMBER (rep.): _4_17_.334
__ .3_24_1____________________

Revised 01/01/2010
 Property Information

ACCESS TO PROPERTY (street # and name): _L_ak_6s_ho_re_D_riV_6,_B_ran_s_on_,M_O_ __

No street number has been assigned to this property.

Number of Acres (or sq. ft. of lot size): 0.339 acres or 14,785 square feet

PARCEL #: 08-8.0-28-000-000-050.000
(This number is on the top left hand corner of your property tax statement)

SECTION: ----------
28 TOWNSHIP: -----------
23 RANGE: --------
21

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 oResidential 0 Agricultural
18] Multi-Use [J Municipality

SEWAGE DISPOSAL SYSTEM:
o Treatment Plant 0 Individual
o Central Sewer: District # ______
WATER SUPPLY SYSTEM:
o Community Well 0 Private Well
Li Centra I: District # ______

DOES THE PROPERTY LIE IN THE lOO-YEAR FLOOD PLAIN? 0 Yes 18] No

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

o Residential o Multi-Family 0 Commercial 0 Industrial
LJ Special Use [8] Other - Explain: Family Cemetery

Revised 12/ 19/03
Any proposed project 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 of the Public Hearing. Please give a description of
your proposed project including all uses: (IMPORTANT: Make this description as
complete as possible as your public notice will be based on the information
provided here.)

We are proposing to subdivide the herein described property to create a family cemetery.

The property has no 911 address and no utilities are required to serve the proposed property.

A survey of the proposed subdivision along with the legal description are attached to this application.

Revised 12/19/03

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 Kanakuk Cemetery

Taney County makes every eft'ort to produce and publish
the most current and accurate Information possible.
Thlsaata IS provided "as Is" wilhout warranty
or any representation of accuracy, limehnessor
oomp~!eness. The burden f()l' determining accuracy.
comp~teness , time liness, merchantaOiW ty and fitness
lor or the appropliateness for use res\ssole ly on the
requester The County makes no warrtlOifes. express
or Implied, as 10 the use 01 the Oilta. There are no
Implied w~rranties 01 merchantabillty or rrtness for
a particular purpose . The requester admowtedges and
accepts the lim~a tio ns of the Data, including the fact
thai the Data is dyf\ilmlc and is in a CQnstant state of
maintenance, correc.tion and update.
MP9f512OO6
~ .• T ANEY COUNTY PLANNING COMMISSION
P. O. Box 383 • Forsyth , Missouri 65653
Phon.e: 417546-7225 /7226 • Fax : 417 546-6861
website: wlvw.taneycounty.org

MINUTES
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
TUESDAY, OCTOBER 12, 2010, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Chairman Sarah Klinefelter called the meeting to order at 6:00 p.m. A quorum
was established with eight members present. They were : Sarah Klinefelter, Frank
Preston, Randall Cummings, Ray Edwards, Mark Blackwell, Susan Martin Rick Caudill,
Carl Pride. Staff present: Eddie Coxie, Bonita Kissee, and Dan Nosalek.

Mr. Coxie read a statement outlining the procedures for the public hearing and
presented the exhibits.

Public Hearings:
Chole's Dream Home: a request by Alicia Britt Chole to operate a prayer retreat
located at 177 Ella Lane. Mr. Coxie discussed with the Commission if this project should
proceed with special use or full commercial approval. Then he read the staff report and
presented pictures and a video of the site. Gary Allman representing the Choles stated
that the applicant's wanted to move from special use to commercial because nightly
rental might come into play for people who want a quiet place for prayer retreat. Mr.
Allman pOinted out that recently the Planning Commission approved another Similar use
adjoining this property, and that there is a lot of natural buffering between the two. He
stressed that this is not a tourist type use. Rod Redard who lives at 2097 Ella Lane
asked how the rules are enforced once approval is given, and that traffic has increased
since the previous approval was given, also that they are doing business there. Mrs.
Klinefelter asked how long Mr. Redard had lived at his property, in which he answered
two years. She clarified that the traffic pattern would go from the south to the north.
Mr. Coxie brought to the attention of the Commission the deadline to appeal the
previous project would be the 1ih of this month and that is why money has not been
spent on the road . Dennis Moore who lives on Sunset Inn Road and owns all the land
on either side of Lady Bug Road and has a 30' easement, voiced concerns regarding
that the road is not big enough to pass on, and too much traffic. Bob Schanz who lives
on Hillman St. is not in favor of the request because of deClining property values, and
traffic issues. Mrs. Klinefelter asked if a residential subdivision went in if Mr. Schanz
would be in favor of that and he stated that he would . Mrs. Klinefelter asked how the
RV park became a single family residential subdivision. Mr. Coxie stated that it is
because the Code does not address this. Jeremy Worley who sells nightly rentals and
1
 owns one, pOinted out that it is not the plan of the Choles to do a traditional nightly
rental. It is in his opinion that this request will be done right. He supports planning and
zoning and believes in it and feels this request is a very good candidate. Christine
Arenzen who represents the National Institute of Marriage, who adjoins this property,
stated that they do not have a problem being neighbors to this project. Mrs. Chole
addressed questions, and stated that her family would be there two and three months
out of the year, she stays onsite when people are there, license plates will be written
down and if there is a problem with traffic and is a person staying there, they will not
be coming back, and too many people will not be allowed to stay because of traffic and
parking. Mrs. Klinefelter asked what her background is which is author and speaker,
minister and mentor. Special use vs. commercial use was discussed again. This project
will proceed to final vote next week.

Brass Lantern Resort: a request by Daniel and Tammy Warner to replat property
to create 6 lots located at 5133 Brass Lantern Road in the Johnnie B. Jones Subdivision
Lot 14. Mr. Coxie read the staff report and presented pictures and a video of the site.
Eddie Wolfe representing the project addressed questions from the Commission. Jenny
Baltz who lives on Brass Lantern Road read letters from other property owners
opposing the request. Some of the concerns were; availability of potable water, traffic,
pollution, compatibility, noise, road too small, wastewater disposal, and density. Jack
Sparks who owns property four lots from the proposed treatment plant, agrees with the
other property owners because he doesn't think it will be compatible with the
surrounding area. Cindy Hosford owns property at 292 Brass Lantern Road, and owns
two cabins there. She is not in favor of the request because of inconsistencies in the
application. Gerald Hajek who owns property on Brass Lantern was concerned about
using trailers to replace the cabins, and that the money might run out and the property
would be left and become an eyesore. Mr. Coxie reminded that in referring to
condominium is a style of ownership. Mr. Wolfe addressed the questions and stated
that the request is condominium style of ownership. Two of the structures would be full
ownership and there would be eight condominiums which would be single floor. The old
cabins are in bad shape and need to be replaced. There will be an association set up
and whole ownership established, and dues would be paid for upkeep. Mr. Wolfe stated
that in his opinion the current wastewater system might be doing more damage than a
new plant with more cabins would do to the lake. Before selling anything, the road, well
and treatment plant should be in place. Access to the lake would not be impeded, either
before, during or after construction. Mr. Wolfe stated that all improvements will be in
place before anything is sold or defaced. Mr. Edwards discussed bonding. Mr. Coxie
reported the Commission can require a bond on the infrastructure. Staff will contact the
Corps of Engineers regarding boat docks and sea planes. This project will proceed to
final vote next week.

Saddlebrooke Ridge: a request by Quentin McGhee is requesting approval to
replat a minor subdivision off Ridgerunner Road, Lots 1, 2, 3, 4, and 6. Mr. Coxie read
the staff report and presented pictures and a video of the site. Richard Woods who

2
joins this property and is in favor of Planning and Zoning wanted to know about the
road easement, and if it is developed out, what would it do to the water and
wastewater. Eddie Wolfe representing the project addressed questions from the
Commission, and stated that the property owner has dedicated enough of the property
to make a 50' road. The reason to move the road is to save some trees. This project
will proceed to final vote next week.

Permit Renewal Request:
Walkington Storage: a request by Steve Creedon to renew permit #08-51b for a
4 unit storage facility with 76 units located at Walkington Lane. This will be the first
renewal. Mr. Wolfe represented the applicant and reported the reason the project has
not proceeded was the economy. A motion was made by Randall Cummings to approve
the renewal. Seconded by Ray Edwards. The vote to approve was unanimous.

Old and New Business:
Greg Altom: Mr. Altom wanted to know if he should have the entire fence up
before beginning the building. The Commission clarified that

Bob Paulson: Mr. Paulson reported on some discussions the County Commission
has had concerning extensions, and would like an amendment to the Code stating that
unless a change has been made to the original approval and extension isn't necessary.

Another point brought up by the Commission is to address duplexes in the Code.

Third pOint by the Commission, dividing a portion of property off a parent parcel
to a family member. Mr. Paulsoh will bring these to the Planning Commission in written
form for their approval.

The Planning Commission discussed the upcoming forum called by the County
Commission concerning Planning and Zoning. Mr. Paulson reported on how this issue
came up and when the forums are set for.

Flood Maps: Mr. Coxie reported that the new flood plain maps are here and a
public hearing will be held to view them. The staff will contact the public.

Mr. Coxie also reported that the office has been receiving lots of phone calls
regarding appOintment of the Planning Commission and other calls in support of
Planning and Zoning. Discussion followed.

Mr. Edwards asked that the Brass Lantern infrastru~ture be bonded, and that Mr.
Coxie look into it.

3

-"
Adjournment:
With no other business on the agenda for October 12, 2010 the meeting
adjourned at 8:55 p.m.

4
 TANEY COUNTY PLANNING COMMISSION
P. O. Box 383 • Forsyth, Missouri 65653
Phone: 417 546-7225 / 7226 • Fax: 417 546-6861
website: lPWW. tane),co14nt)'.org

MINUTES
TANEY COUNTY PLANNING COMMISSION
REGULAR MEETING
MONDAY, OCTOBER 18, 2010, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Chairman Sarah Klinefelter called the meeting to order at 6:03 p.m. A quorum
was established with eight members present. They were: Sarah Klinefelter, Shawn
Pingleton, Randall Cummings, Ray Edwards, Susan Martin, Carl Pride, Frank Preston,
and Mark Blackwell . Staff present: Eddie Coxie, Bonita Kissee, and Dan Nosalek.

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

Review and Action :
Minutes, September 2010: with no additions or corrections a motion was made
by Susan Martin to approve with one change. Seconded by Frank Preston. The vote to
approve was unanimous.

Final Votes:
Chole's Dream House: a special use request by Alicia Brittt Chole to operate a
prayer, investment, and mentoring retreat in her home located at 177 Ella Lane.
Discussion regarding the traffic on the road and Mrs. Klinefelter clarified the traffic
study in that there would be six cars an hour on the road . Mr. Edwards discussed
special use permit requirements, setting precedence, and protecting the neighborhood.
Mrs. Martin reminded that a requirement to the other approval stipulated widening Ella
Lane. Mr. Coxie will notify them about starting those improvements. Continuity and
consideration should be followed according to Mrs. Martin. Mr. Coxie reported that it
doesn't fit the bed and breakfast requirements and that it doesn't necessarily need to
be labeled. Stipulations can be placed on the special use. Mrs. Chole stated the days
and hours of operation would vary and that her family wo~ld be there approximately
three months out of the year not necessarily consecutive, and the family would not be
there when the sessions take place. A manager is available at all times not always on
site, but at least ten minutes away. Mr. Preston discussed the web site mentioning
groups and actual numbers. Mrs. Klinefelter asked if there was any other precedence in

1
the county for this type of use. Mr. Coxie discussed that this doesn't qualify for a
church. Mr. Pride stated that the Commission should consider the approval from last
month and that a precedence had been set. Mr. Pingleton also felt this use is
conducive to the area. After discussion a motion was made by Susan Martin to approve
based upon the decision of record with the following additions: at anyone time there is
a maximum of 20 people overnight, a minimum of a two night stay, a manager is
available on premise or is available 24/7 or located in Taney County, adequate parking,
adequate trash disposal, fencing or landscape buffer next to any residential property.
Seconded by Shawn Pingleton. The vote to approve was unanimous.

Brass Lantern Resort: a request by Daniel and Tammy Warner to replat property
located at 5133 Brass Lantern Road in the Johnnie B. Jones Subdivision Lot 14 into 6
lots and increase the units on the property to 12 (three additional units). Mr. Coxie
reported that the office received a letter from the applicant addressing sea planes. The
dock will only be for residents. There is only one pilot in the area with approval to land
a sea plane in the area. Eddie Wolfe representing the applicant addressed questions
from the Commission and stated that this request isn't to land sea planes only to alter
the resort and bring it up to date for business. He continued to clarify the request. Mrs.
Klinefelter asked about a time frame. Mr. Wolfe stated that no specific time frame is
set. Mr. Coxie reminded that the Code was changed the last couple of years that a plat
should be filed within 90 days when the first structure is permitted. Mr. Edwards
addressed the issue of abandonment of the project after beginning by the developer,
square footage of each cabin, and density. Mr. Wolfe discussed condominium type of
ownership. Mr. Edwards discussed placing a requirement of a performance bond on the
decision of record if the applicant abandons the project. Mr. Coxie reported what the
Code allows regarding a performance bond. Mr. Preston discussed the stop work order
and if there are any outstanding obligations not being met. Mr. Coxie reported that the
applicant has adhered to the stipulations placed upon her. A landgrading bond is
outstanding at this time and no sediment is leaving the property. Discussion followed
regarding in the event that if the project failed the property could be put back like it
was. After discussion a motion was made by Ray Edwards to approve based upon the
decision of record with addition of: #7: a performance bond be placed on the water and
sewer, and additional cabins before beginning. Discussion followed regarding if the
applicant can produce the bond. Mr. Paulson advised adhering to the Code and State
Statutes regarding performance bonding. Mr. Preston discussed arriving at a cost
estimate of the entire project in order to arrive at a dollar amount of the performance
bond. Mr. Paulson clarified the request and stated that it is currently a resort use, and
wants to increase the density. The motion was seconded by Frank Preston. Mr.
Preston withdrew his second after discussion. Mr. Edwards then withdrew his motion
and made a motion to deny. Shawn Pingleton seconded th.e motion to deny. The vote
to deny was four in favor and two not in favor of denial, one abstention and the
Chairman did not vote. Ray Edwards, Randall Cummings, Susan Martin, and Shawn
Pingleton voted for denial. Carl Pride, and Frank Preston voted against denial. Mark
Blackwell abstained. The vote to deny passed.

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 Saddlebrooke Ridge: a request by Quentin McGhee to plat a minor subdivision
replatting lots 1, 2, 3, 4, and six into five additional lots, located off Ridgerunner Road
in Saddlebrooke Ridge Subdivision. Mr. Coxie clarified the request. With no discussion a
motion to approve was made by Ray Edwards. Seconded by Randall Cummings. The
vote to approve was unanimous.

Tri-Lakes Motors: request by Dave Williams to construct two showrooms 100' x
100' each located at St. Hwy. F. No one was present last month to represent the
request so it was tabled. Mr. Coxie reported that no Division III was issued when the
project was first built. With no discussion a motion was made by Shawn Pingleton to
approve based upon the decision of record. Seconded by Ray Edwards. The vote to
approve was unanimous.

Concepts:
Clemenson Realty: a request by David and Joyce Clemenson to operate a real
estate business in their home located at 161 Brewster Road. Mr. Clemenson presented
his project and addressed questions from the Commission. This project will proceed to
public hearing next month.

Branson Environmental Learning Campus: a request by Global Resources for
Environmental Education and Nature to construct a barn and equipment storage, visitor
center, classrooms, living quarters for caretakers, and habitats for native wildlife and
18-20 large cats. The property is located off Reno Springs Road. The request was
postponed.

River Rock Transitional Housing: a request by Doulos Ministries to operate a
program to help families become self supportive, located at 282 Doulos Road. The
request was postponed.

Randall Cerretti: a request to construct a shop building located at 259 Lafayette
Lane in the Cedar Ridge Subdivision. Mr. Coxie explained the request and location. Mr.
Cerretti reported that he wants to split the property and make the shop commercial and
separate the duplexes. This request would need a variance from the lot size and
setback requirements for the duplexes. This project will proceed to public hearing in
December if the Board of Adjustment approves the variance request.

Permit Renewal Requests:
There were none.

Old and New Business:
Mr. Coxie reported that the new flood plain maps were received and the public
notified to come in and see the maps. Deadline for FEMA is October 29, 2010. FEMA
public meeting is November 4, 2010, 2:00 p.m. Base flood elevations did not change.

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.'
 The three requested amendments to the Code by the County Commission would
be heard at the November meeting if legal counsel presents them.

The next public forum regarding Planning Zoning will be held October 25, 2010,
7:00 p.m. at the Kirbyville middle school. Mr. Coxie reported on the first meeting which
was held Thursday, October 14, who spoke at that meeting, and what their concerns
were. Discussion followed.

Adjournment:
With no other business on the agenda for October 18, 2010 the meeting
adjourned at 8:30 p.m.

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