P&Z Public Meeting Packet

TANEY COUNTY PLANNING COMMISSION
P. O . Box 383 • Forsyth , Missouri 65653
Phone: 417546-7225/7226 • Fax: 417 546-6861
lVebsite: lVlVlv.taneycounty.o1"g

AGENDA
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, DECEMBER 13, 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:
Kanakuk Cemetery
Code Amendments

Permit Renewal Request:

Old and New Business:
Randy Cerretti
Moriuchi Parcel

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

TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
DECEMBER 13, 2010
KANAKUK CEMETERY
#10-27

Public Hearing for Kanakuk Cemetery located off Lakeshore Dr. in the Branson
Township, Sec. 28 Twp. 23 Rng. 21.

The applicant K-Land One, LLC requests approval to subdivide a parcel of land as a
private family cemetery.

History: Concept approval November 15, 2010.

General Description: The subject property contains 0.339 acres or 14,785 sq. ft. The
adjoining property to the request consist of commercial, residential, and multi-use.

Review: The proposed site will consist of a cemetery only with no out buildings, no 911
address, and no utilities. Entrance to the property is existing off Lakeshore Dr.

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

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

a. Sediment and erosion control (Appendix B Sec. VI Item 2)
b. Stormwater management (Appendix B Item 3)

2. No outside storage of equipment, or solid waste materials.

3. The decision of record shall be filed with the Taney County Recorder's Office
within 120 days or the approval shall expire. (Chapter III Item 6).
Considerations:

1. Do you want to set up provisions to have a duplex structure anywhere and
any neighborhood?
2. By removing from condo style of ownership we remove all provisions
required by fire district. This would include firewall partition, common
attic, common roof etc.
3. Will be creating smaller whole ownership substandard lots. This could
result in future request to build free standing homes on lots created for
duplex use.
4. Creating substandard lots where septic requirements would need to be
changed.
5. Is there a need to require common wall agreements and are they effective?
 Duplex

Definitions

Attached House A single dwelling unit located on its own lot that shares
at least one common abutting wall with another dwelling
unit. (This definition can be expanded to facilitate
multi-unit housing.)

Duplex Two dwelling units contained within a single building.
(do we exclude mobile, manufactured, or factory housing?)

Dwelling Unit A building or portion of a building designed and used for
residential occupancy by a single household. (This includes
exclusive sleeping, cooking, and sanitation facilities)

Lot Size / Frontage

The minimum lot size for a duplex when a public/central
sewer system is available shall be twelve thousand square
feet (12,000) with each unit having a minimum of six thousand
(6,000) square feet. With each unit having 50 feet of direct
access frontage

If an onsite septic system is needed due to the unavailability
of a public/central sewer system, the minimum lot size shall
be four (4) acres two (2) acred for each unit with seventy (70)
feet of road frontage for each unit.

No interior side setback is required on the "attached" side of
of a lot containing a duplex. The street, side, and rear setback
standards shall apply.

Each dwelling unit shall have direct access to the existing road
 Duplex

Definitions

Attached House A single dwelling unit located on its own lot that shares
at least one common abutting wall with another dwelling
unit. (This definition can be expanded to facilitate
multi-unit housing.)

Duplex A two-family residential use in which the dwelling units sha re
a common wall (including the wall of an attached garage or
porch) and in which each dwelling unit has living space on the
ground floor and a separate, ground floor entrance.

Dwelling Unit A building or portion of a building designed and used for
residential occupancy by a single household. (This includes
exclusive sleeping, cooking, and sanitation facilities)

Requirements

The minimum lot size for a duplex when a public/central
sewer system is available shall be twelve thousand square
feet (16,000) with each unit having a minimum of eight thousand
(8,000) square feet. With each unit having 70 feet of direct
access frontage

If an onsite septic system is needed due to the unavailability
of a public/central sewer system, the minimum lot size shall
be four (4) acres two (2) acres for each unit with seventy (70)
feet of road frontage for each unit.

A one (1) hour fire rated, partition wall from foundation to roof
decking shall be required between dwelling units.

No interior side setback is required on the "attached" side of
of a lot containing a duplex. The street, side, and rear setback
standards shall apply.

Each dwelling unit shall have direct access to the existing road
 DUPLEX

Duplexes will pose many issues that will need to be creatively overcome or
require major changes to not only the Development Code but possibly
regulations in other departments as well. We are looking at changes which
will create substandard lots, removal of current requirements enforced by the
fire districts, changes in sewer requirements, removal of setbacks for
attached walls, and possible additional common wall agreements for
purchasers. Depending on the direction taken many of these issues can be
addressed if so desired.

We can try to make a policy for duplex construction in any part of the
county or we can try and create duplex standards in connection with an area
such as a Planned Urban Development.

Planned Urban Development

Definition: An area of land under single ownership containing
any combination of two or more principal uses.
Development may be done in whole or phases.

The planned Unit Development permits greater flexibility of land planning
and site design in that no rights of development apply other than those of the
approved PUD plan.

1. Overview of Procedure

PUDs shall be processed in stages such as Concept Plan and Final
Plan.

a. The PUD Concept Plan is reviewed with respect to such issues
as density, including the number, type, and location of dwelling
units and other uses; impacts on surrounding areas; possible
building concerns, roads, and the adequacy of facilities and
services. The result of this review is the establishment of the
basic parameters for development of the PUD. Concept Plan
approval will establish the maximum development parameters
 with regard to density, lot sizes, scale, open space,
environmental protection, and other development and service
provISIOn Issues.

b. After approval of the concept plan the PUD final plan is
developed and presented through the Division III process and
will become the document upon which building permits and
other applicable approvals are issued. The PUD final plan
review is the point at which developers bring forward detailed
plans for carrying out the type of project conceptually approved
during the PUD Concept Plan review.

2. pun Concept Plan
A PUD Concept Plan is a generalized land use plan for the entire area
proposed to be included within a PUD. The purpose of the PUD
concept plan is to allow early review of a proposed PUD before
substantial technical planning work has been undertaken.

a. Preapplication Conference
Before submitting a PUD concept plan, the applicant shall
confer with the Planning and Zoning Administrator and other
designated officials. The proposal of this preapplication
conference is to discuss the proposal and the applicable
development review and approval procedures.

b. Application
A division III application or perhaps a separate PUD concept
application form is to be submitted with non-refundable
application fee to be established by the County Commission.
The concept plan is not intended to be a highly detailed site
plan, but rather to provide enough information to officials to
allow an accurate determination of the merits of a proposed
project prior to beginning detailed planning work.

Suggested Information for pun Concept Plans

1. Name of proj ect, address, boundaries, date, north arrow, and plan
scale.
2. Name and address ofthe owner of record, developer, engineer,
surveyor, or architect who prepared the development plan.
3. All existing lot lines, easements, and right-of-way. Include in acres or
square feet, abutting land uses and structures.
4. The general location of all existing and proposed streets adjacent to
and within the development.
5. The location of steep slopes, creeks, water courses and drainage ways,
floodplains, and any environmentally sensitive features.
6. The full legal description of the boundaries of the property or
properties to be included in the PUD.
7. A generalized summary of land use arrangements within the PUD,
showing types of uses and intensities proposed within areas of the
PUD.
8. A vicinity map showing the general arrangement of streets within an
area of 1,000 feet from the boundaries of the PUD.
9. Evidence that the applicant has sufficient control over the tract to
effectuate the proposed plan.
10. If the PUD calls for construction over a period of years, a schedule
showing the proposed time and sequence within which the phases
shall be completed.
11. A written summary of the project proposal including the following:
Gross area of the PUD
Number of dwelling units and density
Building coverage
Common open space
Recreation, open space, and other amenities

3. pun Concept Approval
Upon signature approval of all departments involved with approval of
the PUD concept the project shall proceed through the meeting phase
of the Division III process of the Taney County Planning
Commission.

4. pun Final Approval
A PUD Final Plan shall be approved by the Planning Commission if it
is determined by the Planning Commission to be in substantial
compliance with the approved PUD concept plan. The PUD Final
Plan shall be deemed to be in substantial compliance with the PUD
 Concept Plan so long as, when compared with the PUD Concept Plan,
it does not result in:

a. An increase in project density or intensity, including the
number of housing units per acre.
b. A change in the mix of housing types or the amount of land
area devoted to nonresidential uses.
c. A reduction in the amount of open space.
d. Any change to the vehicular system that results in a significant
change in the amount or location of streets, parking areas, or
access to the PUD.
e. Any change within 50 feet of any residential districts.
f. Any change determined by the Planning and Zoning
Commission to represent an increase in development intensity.
g. A substantial change in the layout of buildings.

5. Developer's Statement of Intent
Each PUD Concept Plan application shall contain a statement from
the applicant describing how the proposed development departs from
the otherwise applicable standards of the development code and how
the proposed development is an improvement over what would be
required under the otherwise applicable standards.

6. Applicability
A PUD district may be approved only when the applicant
demonstrates to the Planning Commission that a proposed PUD
project would result in a greater benefit to the county than would
development under current regulations.
5. Division of Land
This section details the requirements and approval process for land division
within Taney County. Pursuant to and as stated in RSMo Chapter 137, Section
185, no tract or parcel ofless than one-sixteenth of a section (40 acres) shall be
conveyed {transferred} by metes and bounds. Surveys in accordance with the
above-mentioned statute are required. The Designated Official can approve
minor subdivisions administratively provided specific conditions are met. The
Planning Commission shall approve all other subdivisions. Additionally, all lots
or tracts less than two (2) acres shall be approved by the Taney County Regional
Sewer District.

5.1 Minor Subdivisions
A minor subdivision is a division of land that meets all of the following
requirements. Approval of minor subdivisions can be preformed
administrati vel y.
• Contains no more than six (6) lots
• Includes only single-family residences
• Is not an extension of off-tract improvements
• Lots to be served by an on-site septic system must be greater than
two (2) acres in area:
Note: If one or more of the conditions defined above cannot be met,
the proposed division ofland cannot be defined as a minor subdivision,
but instead must be treated as a subdivision in accordance with section
5.2 below. A Minor Subdivision ofland resulting in the recording of a
survey mayor may not be approved administratively as circumstances
suggest if the following conditions are met:

5.1.1 No more than six(6) tracts (lots) shall be created by a survey
regardless ofsize. The six (6) tract maximum includes tracts created
within the survey and also includes those tracts created by exclusion
for the survey. A survey containing mot more than six (6) tracts must
account for all of the area in the original tract of land.

5.1.2 Any tract of land measuringforty (40) acres or more that is created
By exclusion from a survey is not required to be included as a lot in a
minor subdivision plat; however all tracts of land created by exclusion
from a survey and not made a part of a minor subdivision plat must be
identified on the minor subdivision plat and include the surveyor's
certification that the excluded tract measures at least forty (40) acres.

5.1.3 All tracts created shall have direct access to a public road with afifty
(50) foot easement or a platted easement with afifty (50) foot
minimum width that is declared to be a private road.
 Note: If an easement is established to access the tract or tracts to be created
by survey, it shall be a minimum of fifty (50) feet wide and declared
to be a private road.

Considerations:

1. Do you have a preference as to the existence of a road regardless of the size of
tract?
2. Can roads be declared private roads (not county maintained) but for public use?
3. Road easements are not calculated in the total acreage of the tracts created as
the easement can not be improved upon.
4. Should all easements declared road easements be tax exempt because of#3?
4.9. Permit Extension

A II Division I and Division II permits are val id for a period of one (1) year from
the date issued. lfthe project as approved cannot be completed before expiration
of the permit, an extension can be requested. The request for extension must be
received in wTiting by the Planning & Zoning office prior to the permit's
expiration date and can be approved administratively within the Planning &
Zoning office.

Division llliand use changes (except Special Use Perm its) do not require a permit
extension and shall remain in effect until another change is requested and granted
for the land. Signi ficant Changes or deviations in an approved plan shall requi re
re-application to the Planning Commission.

CONSIDERATIONS:

1. There may be many requests to have land "Rezoned to commercial" without
intent to develop.
2. Projects may become unsuitable should the neighborhood undergo substantial
growth or change.
3. No Permitted Uses By Right of Ownership
4. Changes in project such as density, style of ownership, etc.