P&Z Regular Meeting Packet

TANEY COUNTY PLANNING COMMISSION
P. O. Box 383 • Forsyth, Missouri 65653
Phone: 417 546-7225/7226 • Fax: 417546-6861
lVebsite: lVlVllJ. taneycounty. 01'g

AGENDA
TANEY COUNTY PLANNING COMMISSION
REGULAR MEETING
MONDAY, JUNE 20, 2011, 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, May 2011

Final Votes:
Emory Creek Replat of Lot 110
Simplicity Salon, LLC

ConceRts:
Hickory Ridge
Hickory II

Old and New Business:
Tentative

Adjournment.
 TANEY COUNTY PLANNING COMMISSION
P. O. Box 383 • Forsyth, Missouri 65653
Phone: 417546-7225/7226 • Fax: 417 546-6861
website: www.taneycounty.org

MINUTES
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
TUESDAY, MAY 10, 2011, 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 six members present. They were: Sarah Klinefelter, Shawn
Pingleton, Randall Cummings, Susan Martin, Dave Stewart, and Ray Edwards. Staff
present: Bob Atchley and Bonita Kissee.

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

Public Hearings:
Underhill Heights: a request by Jason Brawner to utilize a permitted, gated
townhouse community for nightly rentals located at Victor Church and Beaumont Road.
Mr. Atchley read the staff report and presented pictures, maps and a video of the site.
Mrs. Klinefelter asked for a plat of the property. Public who signed up to speak were:
Tom Goldsworthy who lives on Victor Church road. He was not in favor of the request,
and stated that he was representing some other property owners as well who were not
in favor because their feeling was the property was too dense and the use was not
compatible with the surrounding area. Mr. Goldsworthy also stated that Victor Church
Road floods and would prohibit residents from crossing the road. They were also
concerned with wastewater disposal. Laura Curbow another property owner was not in
favor of the request because in her opinion the request was not compatible with the
surrounding area. She was also concerned about her livestock and if she could start a
kennel. Mrs. Klinefelter reminded that for the past four years the economy and real
estate market have been bad. Jim Brawner father of the applicant, addressed the
concerns. He reported that he met with law enforcement regarding the vandalism
issues. He also reported that some surrounding neighbors were watching the property
for them. The property does not flood as it is on top of the hill according to Mr.
Brawner. The engineering firm hired by Mr. Brawner did a study on the wastewater
system and has DNR approval. Mr. Brawner lives in a similar situation and stated that
there have been no problems mentioned by the public. He also reminded the
Commission of their original decision. Mr. Brawner stated that he does not want to
bring in the wrong kind of clientel or cause any problems in the neighborhood and
wants to keep the integrity of how the project was originally intended. He only wants to
be able to use the property as best he can with the failing economy. Mr. Pingleton was
concerned that when the use might change screening would have to be done as the
Code states "structural screening between commercial and residential uses". The
surrounding roads were discussed and maintenance of them. Three of the roads are
private access roads recorded within the subdivision. Mrs. Klinefelter clarified the
project. This project will proceed to final vote on May 16, 2011.

The Stables at Integrity Hills: a request by Quality Structures to subdivide 2.06
acres as a minor subdivision and to utilize an existing structure as a reception hall
located at Integrity Hills Estates off Tate Road. Mr. Atchley read the staff report and
presented pictures, maps and a video of the site. No one signed up to speak. Eddie
Wolfe representing the project stated that they have fire district approval. He requested
a temporary cul-de-sac or hammerhead on the plat and in case the rest of the property
is developed, could be removed. Mrs. Klinefelter asked Mr. Wolfe to clarify the request.
He stated that at this time the applicant wants to plat some lots and put all of it into
one entity, creating a one lot subdivision. Mrs. Klinefelter discussed commercial usage.
Mr. Wolfe stated that the only commercial use would be when a wedding takes place in
the chapel and reception hall, and explained how the original Division I was issued for a
barn. This project will proceed to final vote on May 16, 2011.

Brass Lantern Resort: a request by Someday Ranch, LLC to replat Lot 14 of the
Johnnie B. Jones Subdivision creating a six lot subdivision and to increase density of the
units on the resort. The property is located at 5133 Brass Lantern Road. Jenny Baltz a
neighbor from across the road spoke against the project and represented various
property owners. They are not in favor because they feel the request is not any
different from the time before. Their concerns are that the area will be torn up and not
completed, the fire department is 8 miles away, the new plan is still too dense,
wastewater treatment and who will maintain, the two lots across the road being able to
meet the setback requirements if structures are built on them, and who will be
responsible for the dock. Jack Sparks another property owner lives next to the lot where
the treatment plant is planned, and wants to know what kind of wastewater treatment
it will be. He was also concerned that the project would not be finished. Ken Baltz who
also lives on Brass Lantern Road stated concerns regarding the resort not having any
income potential and how would the project be completed, wastewater disposal and
maintenance and noise. He stated that the structures in the area do have good private
wastewater systems and the neighborhood is not "rundown". He was concerned about
the one lane road that leads to the property and that to develop the property any
further would interfere with the solitude of the property owners. Mrs. Klinefelter asked
how close the flood got to the property, and Mr. Baltz stated that it is about 250' from
the property, and there is an issue with the boat docks. Cindy Hostler owns two cabins
next to the property, and reported that the applicant told her that Taney County does
not have any rules concerning condos. Ms. Hostler expressed concern that the property
will be destroyed and the applicant has no concern with the current property owners.
Eddie Wolfe representing the applicant, explained two changes that have been made
since the denial. The applicant has a 14/42 interest in the community well, so a new
well will be drilled. He explained that because two cabins will be joined there is no
increase in density. No new water lines will be run. The proposed sewer will come
before the Sewer Board for approval soon. This request is condominium style of
ownership with no change in the footprint. Discussion followed regarding well interest,
and the current market. This project will proceed to final vote on May 16, 2011.

Old and New Business:
Eddie Wolfe addressed the Planning Commission regarding the Hickory Ridge
plat. No file can be found in the Planning Office and the property owner wants to sell
more lots. The question was if the applicant should come before the Planning
Commission for approval. The Planning Commission asked that the request appear
before them at the Concept hearing in June.

Mr. Atchley updated the Commission on the recent flood event and staff's role in
gathering information for FEMA. Discussion followed.

Adjournment:
With no other business on the agenda for Tuesday, May 10, 2011 the meeting
adjourned at 8:05 p.m.
 TANEY COUNTY PLANNING COMMISSION
P. O. Box 383 • Forsyth, Missouri 65653
Phone: 417546-7225/7226 • Fax: 417546-6861
JVebsite: JVJVlV. taneycounty. org

MINUTES
TANEY COUNTY PLANNING COMMISSION
REGULAR MEETING
MONDAY, MAY 16, 2011, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Vice-Chairman Shawn Pingleton called the meeting to order at 6:00 p.m. A
quorum was established with six members present. They were Shawn Pingleton,
Randall Cummings, Susan Martin, Dave Stewart, Ray Edwards, and Rick Caudill. Staff
present: Bob Atchley and Bonita Kissee.

Mr. Atchley read a statement outlining the procedures for the meeting.

Review and Action:
Minutes; April 2011, with no additions or corrections a motion was made by
Susan Martin to approve the minutes as written. Seconded by Rick Caudill. The vote to
approve the minutes was unanimous.

Final Votes:
Underhill Heights: request by Jason Brawner to operate a nightly rental business
from a previously approved project located at Victor Church and Beaumont Roads. Jim
Brawner was present to address questions from the Commission. Mr. Pingleton clarified
the request. Mrs. Martin asked if anyone would be living on premise. Mr. Brawner
stated there would be a management company running the complex for the owner. If
full time nightly rental is approved someone will be there full time to operate the
business. Jason Brawner addressed the questions of nightly rental in a mixed use area
and setting precedence. Discussion followed regarding setting a time limit to a
minimum of nights rented. Mr. Brawner felt that he would be comfortable with three
nights minimum. After discussion a motion was made by Susan Martin to approve
based upon the decision of record with the addition of a management company when
rented nightly, 24 hours and a minimum of 5 night rental. Seconded by Rick Caudill.
Ray Edwards voted no. The vote to approve was five in favor and one against.

The Stables at Integrity Hills: request by VTS Dev. LLC to permit an existing
bUilding to be used for receptions and weddings located at Tate Road. Eddie Wolfe
representing the applicant addressed questions from the Commission, and Mr. Pingleton

1
clarified the request. With no questions or discussion, a motion was made by Randall
Cummings to approve based upon the decision of record. Seconded by Rick Caudill. The
vote to approve was unanimous.

Brass Lantern: request by Someday Ranch LLC to divide 2.84 acres into five
condominium style units, four residential units and a treatment plant located at Brass
Lantern Circle. Mr. Wolfe also represented this applicant, and Mr. Pingleton clarified the
request. Mr. Atchley asked for clarification of the location of the condos and density. Mr.
Wolfe stated that the density would stay the same. Mr. Caudill questioned type of
wastewater disposal and well. Mr. Atchley discussed a meeting with the sewer district
and DNR and reported that the plans that were submitted are for an alternative system
and would require DNR approval. Discussion followed regarding compliance with the
requirements of the Code regarding water and wastewater, platting, and density. Mr.
Caudill stated that he would like more information regarding the advanced sewer
system before he would make a motion. Mr. Pingleton stated that compliance letters
should be in the file before a plat could be filed. Mr. Stewart asked if there was any rule
that needed to be met at this point. Mr. Atchley answered no. A motion was made to
approve based upon the decision of record. Seconded by Dave Stewart. Ray Edwards
voted no. The motion to approve was five in favor and one against.

Concepts:
Simplicity Salon, LLC: a request by Charlotte Roberts to operate a small hair
salon from a single family dwelling located at 857 Bee Creek. Maggie Desota
representing the applicant explained the request. Mr. Atchley reported that the
applicant wanted this to be a special use, however, this use is not compatible under the
Code, so this will be applied for under the Division III process. Ms. Desota stated that
there will be a circle drive constructed for turn-around, and there will not be any
employees. Mr. Pingleton asked for parking standards for the next meeting, and the
maximum number of customers. The business will be open at a maximum of five days a
week. Mr. Atchley asked for a site plan and proposed buffering for the next meeting.
This project will proceed to public hearing next month.

Emory Creek Replat: a request by Jason Morris to split Lot 110 into 2 lots for the
purpose of single family residential. The property is located at Emory Creek Blvd. and
North Ridge Place. Eddie Wolfe representing the applicant addressed questions from the
Commission. Mr. Atchley reported that several of the lots have received approval to be
split. This project will proceed to public hearing next month.

Branson Sports Entertainment Complex: a request by Russell Cook to develop a
motorsports facility to include automobile, motorcycle, BMX bike racing, concerts, car or
other trade shows and associated food, retail and commercial uses. The property is
located at 689 High Mountain Dr. Robert Stockdill design principal with an architectural
firm in Springfield, Tom Gammon, owner's representative leading project team, and
Spencer Jones with Great River Engineering presented a power point presentation of

2
the request. Mr. Stockdill stated that the race car track will be constructed in a "bowl"
which will be below the runway of the neighboring airport providing a reduction in
noise. Mr. Jones discussed highway improvements to address traffic needs, and
improved access to the Branson Airport. An additional ingress and egress to the airport
is planned. Mr. Pingleton asked what the minimum traffic count would be, and Mr.
Jones stated that they are planning for 25,000 cars. Mr. Gammon reported that there
have been meetings with both MoDot and the City of Branson regarding traffic. Traffic
management will be coordinated with the County Sheriffs Office and MoDot. Mr. Caudill
stated that the interchanges would need to be approved before Planning would
approve. Plans are to be in operation by 2013. Water and Sewer plans will be
coordinated with the local sewer district, and they would like to connect to the City of
Hollister if approved. Water will be onsite will multiple wells being drilled. Elevated
storage is planned. Mr. Jones addressed the land grading issue and that County land
grading permits have been obtained as well as State and with the recent rainfall and
flooding, no violations have been reported. Mr. Caudill asked how many acres had been
disturbed. Mr. Jones stated that land grading permit was for 75 acres, but did not know
how many had been disturbed. Mr. Pingleton discussed noise, and asked the applicant
to address how the noise will be mitigated at the public hearing. Mr. Atchley asked the
representatives if they plan to postpone their public hearing until July. Mr. Pingleton
thanked the representatives for bringing the project to the Planning Commission at this
time, and stated that this decision will not be a "rubber stamp", and just because the
work has been done already that there is a risk the Planning Commission might not
approve the request. Mr. Gammon stated that they are prepared to reseed the property
if it is not approved. Mr. Caudill asked for an elevation map for the next meeting. This
project will proceed to public hearing July 11, 2011.

Old and New Business:
Mr. Pingleton announced that Sarah Klinefelter resigned at the request of the
County Commission, because she lives in the incorporated area of Forsyth, and the
State Statutes state that no one that sits on a County Board should live in a City limits.
Discussion followed regarding election of a new Chairman and Vice-Chairman.

After discussion, Susan Martin made a motion to appoint Shawn Pingleton as the
new Chairman. Dave Stewart seconded. Motion was unanimous.

Rick Caudill nominated Susan Martin as Vice-Chairman. Randall Cummings
nominated Rick Caudill. Mr. Caudill declined. Randall Cummings withdrew his
nomination. Dave Stewart seconded the nomination for Susan Martin. The vote to
nominate Susan Martin as Vice-Chairman was unanimous.

Mr. Pingleton discussed who is supposed to deal with personnel issues with the
Planning Commission, and asked Mr. Atchley to get an answer from the County
Commission.

3
 Mr. Atchley asked the Commission if anyone of them wanted to learn how to use
the recording eqUipment in his absence. This is due to the lack of office staff, and the
County Commission only allowing limited staff to attend the meetings. Discussion
followed no decisions were made.

Adjournment:
With no other business on the agenda for May 16, 2011 the meeting adjourned
at 7:24 p.m.

4
 APPLICATION FOR CONeE
DIVISION III
EY COUNTY PLANNING COMMI SIaN

The Concept Application is for the use of the Planning Sta 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 n eded to complete
your file, as listed on the Division III Procedure Checklist. ivision III
Applications: $150.00, Special Use Applications: $150.00.

NAME OF PROJECT: -.L~~~~~~ -1- _

NAME OF APPLICANT; ...M&5mLt-~l'1t4l1.1AzL1~~U~ _ _- _
(Must be owner ofrecord)

SIGNATURE; \..rA.---~
~UStb(;owner of record)
MAIUNG ADDRESS; -l/~~W~~:tLJ1J)WI!:¥.C1!!.~~UJ!~-

TELEPHONE NUMBER: --+-J'-I-..LML.....t.L..ttL.L...-------t-----

Representative Infonnation

NAME OF REPRESENTAnvE: ..J:;J.fIlJJ.~~~----+---~

MAILING ADDRESS (rep.):

TELEPHONE NUMBER (rep.): -:.L~.LL...L......<~2~D~_ _-+- _

Revised 01/01/2010
 Property Information

ACCESS TO PROPERTY (street # and name): J,JJtlj«.~'ZLL,f-!JlfL-_-

Number of Acres (or sq. ft. of lot size): ..I:..lAIL.i~:;;;;';~~()_--+ _

(Jf-f#·O-'~",,-
PARCEL #: Mf() 1t-~b"Jt, tJI)-~tI'-"81,14lJ
(This number is on the top left: hand comer of your roperty tax statement)

SECTION: 23;2~.J.z.." TOWNSHIP: _41..--'t/'---_ _o,j" NGE: ......:::.2;;;,;.z.~ _ _
NAME OF SUBDMSION (if applicable): --+ _

Lot # (if applicable). BLOCK # _--+ _

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

o Commercial 0 Multi-Family t Residential JAgricultural
o Multi-Use 0 Municip Iity

SEWAGE DISPOSAL SYSTEM:
o Treatment Plant J!
indi idual
o Central Sewer: DistrIct # --~f.-
WATER SUPPLY SYSTE",=
o Community Well 't Priva eWell
o Central: District # _

DOES THE PROPERTY LIE IN THE IOO-YEAR FLOO PLAIN? 0 Yes JJtNo

i"Residential o Multi-Family 0 Commerc al 0 Industrial
o Special Use o Other - Explain: _ _+-~ _

Revised 12/19/03
Any pl'(}pclsedplf)jec:t that does nDt have a posted 91.1. add must be identified
with a survey flag at the pmposed 8tx:e$$ to the pl'(}perty. flure to post the
sUlVey flag will result in a delay Dfthe Public Hearing. Plea. give a descriptitm of
yourplf)posedproject including all uses: (IMPORTANT: Ma this description iJ$
CDmplete asPD$$ible as your public notice will be based on II inFormatiDn
provided here.)

--------------~~~~--
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rlSed 12/19/03

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APPLICATION FOR CONCEPT
!
DIVISION III
I I~NJ:Y COUNTY PLANNING COf!l~SSItlt4
i

The Concept Application is for the use of the Planning StaV 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. i

NAME OF PROJECT: --L41/J~'~ro~".L."",.,...."""':O:-~~~~ _
NAME OF APPLICANT: ~ Bmn$111 ~t-hl2 !
(Must be owner ofrecord) :

SIGNATURE: ~~--=. DATE: ~J -IC /1
1'MUstbiowner ofrecord) !
MAIUNG ADDRESS: 1J.2~ AJewbu.7 &J 8 fJlllwy !1t, ~ $,,~
i
TELEPHONE NUMBER: '/.11", 198'-& L1 / !

Representative lnt-ormation

NAME OF REPRESENTA11VE: £.dJi~ ,,)~ t£"",,_~ _
MAIUNG ADDRESS (rep.): -;"0 56uflt ., ttl '!ttltet ~,n" /!Ilt IP ~J#
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TELEPHONE NUMBER (rep.): ~tI.:../7L."..LIL;If~:tlILJ,l..L),=~:""--_ _-+- _

i Revlsed 01/01/2010
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 Property Information

ACCESS TO PROPERTY (street # and name): Jk,IJ1'1U----
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Number of Acres (or sq. ft. of lot size): _lr;;"""o2;;;;,,;,......1 2._-+J _
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PARCEL #: 6'·Z4b2,k"f~-""'....(!42.11J I 4>p.Z4... .-24f1". .
.94? ~,I)IJf)
(This number is on the top left hand comer of your Iproperty tax statement)

SECTION: .2" TOWNSHIP: 2.t'
i
~NGE:
!
2. ~

NAME OF SUBDIVISION (if applicable): tlJJ.htj 8"f<------
Lot # (if applicable) TH.e+ Y BLOCK # _-+-i_~ _

WITHIN 600' FROM THIS PROPERTY IS:
(Check all land uses that apply)1
,

o Commercial 0 Multi-Family ~Residentlal : ~grlcultural
o Multi-Use 0 Municip,lity
i
SEWAGE DISPOSAL SYSTEM: I
~reatment Plant 0 Indi~idual
o Central Sewer: District # i
i

./ WATER SUPPLY SYSTEM: i
tf Community Well 0 Private Well
o Central: District # I
DOES THE PROPERTY UE IN THE loo-YEAR FLOO~, PLAIN? 0 Yes ~o
THIS REQUEST FALLS INTO ONE OR MORE OF 1HE FOLLOWIN§
CATEGORIES: i

6eSidentiai o Multi-Family 0 Commerc!al 0 Industrial
o Special Use o Other - Explain: - -.....i !
~

Revised 12/19/03
 !,
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Any proposedproject that does not have II posted 9JJ ~tI""lItustbe Identified
wH:h.tl gUlVey 1'1119 II~ thQ ~ a ~ to I:II.~.,1ftH11He btJ ~ the
$UIWY flag will result in II delay Of'the Public Hearing. Plea. give a desaiption Dr
yDUr PlTJposet!pmjectinduding all uses: (rNPORTANT: "'/llfe this description as
<»mplcl:c 1:1, pmtSibie 1*.. your public notlr;;e will lie IN:Htduil-f;lIf: Inlt1rt11i1t:1on
. ". 'raiIttftuI,J-Jh J
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