P&Z Public Meeting Packet

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

AGENDA
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, JULY 11, 2011, 6:00 P.M.
FORSYTH HIGH SCHOOL
MULTI-PURPOSE ROOM

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

Public Hearings:
Hickory Ridge
Hickory II
Branson Sports Entertainment Complex

Old and New Business:
Tentative

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

TANEY COUNTY PLANNING COMMISSION
DIVISION 111 STAFF REPORT
JUL Y 11, 2011
HICKORY RIDGE
#11-16

Public Hearing for Hickory Ridge Subdivision in the Branson Township, Sec. 26 Twp. 24 Rng. 22.

Request: The applicant Homestead Branson Properties is requesting approval to create large residential
lots to become Phase 2 and 3.

Public Hearing Date: July 11, 2011, concept hearing June 20, 2011.

History: Hickory Ridge Subdivision was replatted in 2007 with no record of an original decision by the
Planning Commission.

General Description: The subject property contains approximately 162.80 acres and is located off St.
Hwy. 160 and Chapel Hill Road. The property is currently vacant. The adjoining properties to the request
are residential and agricultural.

Review: The proposed subdivision would consist of ten,S acre lots. The project will be served by
individual wastewater system and private well.

The project received a score of -5 on the Policy Checklist, out of a maximum possible score of 43. The
policies receiving a negative score were; right-of-wayjroads, emergency water supply, waste disposal
service, use compatibility, wildlife habitat and fisheries, traffic.

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.

2. Compliance letters from the Fire, Sewer, and Water Districts, if applicable.

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

4. This decision is subject to all existing easements.

5. Division I Permits will be required for all applicable structures in the development (Chapter 3
Sec. 1 Item B).

6. This Decision of Record shall be filed with the Taney County Recorder's Office within 120 days
or the approval shall expire (Chapter II Item 6).
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Project: Hickory Ridge, Phase 2 & 3 Permit: 11-16
As
Max. Possible % Total Negative Scores
Scored
Scoring 43 -5 -11.6% 6 33.3%

Max. As Negative Scores
Possible Scored Number of Percent
Importance Factor 5 15 -15 3 50.0%
sewage disposal 10 5
off-site nuisances 0 0
diversification
emergency services 0 0
right-of-way/roads 5 -5
emergency water supply 0 -10
waste disposal service 0 -5
waste disposal commitment
Importance Factor 4 8 4 1 50.0%
slopes
use compatibility 0 -4
pedestrian circulation
underground utilities 8 8
Importance Factor 3 12 6
soil limitations 0 0
building bulk/scale
waste containers screening
outdoor equip storage
industrial buffer I screening
right to farm 0 0
right to operate
mixed-use developments
development patterns
development buffering 6 3
water system service 6 3
Importance Factor 2 2 40.0%
wildlife habitat and fisheries 0 -2
air quality 0 0
building materials
residential buffer I screening 4 4
residential privacy 4 0
traffic 0 -2
pedestrian safety
usable open space
Importance Factor 1
lot coverage 0 0
rooftop vents I equipment
bicycle circulation

Scoring by: Bob Atchley / Bonita Kissee
Date: June 20, 2011
Project: Hickory Ridge, Phase 2 & 3
Perm it#: 11-16
Policies Receiving a Negative Score
Importance right-of-way/roads emergency water supply waste disposal service
Factor 5:
Importance use compatibility
Factor 4:
Importance none
Factor 3:
Importance wildlife habitat and fisheries traffic
Factor 2:
Importance none
Factor 1:
Scoring by: Bob Atchley / Bonita KIssee
Date: June 20, 2011
Project: Hickory II
Permit#: 11-17
Policies Receiving a Negative Score
Importance right-of-way/roads emergency water supply waste disposal service
Factor 5:
Importance use compatibility
Factor 4:
Importance none
Factor 3:
Importance wildlife habitat and fisheries traffic
Factor 2:
Importance none
Factor 1:
Scoring by: Bob Atchley / Bonita Kissee
Date: June 20, 2011
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 TANEY COUNTY
PLANNING COMMISSION
DIVISION III STAFF REPORT

HEARING DATE: July 11, 2011

CASE NUMBER: 2011-0016

APPLICANT: Russell Cook - Branson Sports Entertainment
Complex

LOCATION: 689 High Mountain Drive, Ridgedale, MO. East of the
intersection of Thunderbird Road and U.S. Highway
65; Oliver Township, Sections 8,9 &17, Township 21,
Range 21.

REQUEST: The applicant is requesting to operate a motorsports
facility for automobile, motorcycle and BMX bike
racing, concerts, car or other trade shows, food, retail,
commercial, public events and faith based and
community gatherings.

BACKGROUND AND SITE HISTORY:
This site consists of approximately 809 acres currently containing a single-family
residence and has served as fully guided deer and elk hunting facility. On February 22,
2011 a Notice of Violation was sent to Russell Cook from the Missouri Department of
Natural Resources (MoDNR) concerning land disturbance activities of over one acre
without a Missouri State Operating Permit. On February 22, 2011Taney County Land
Disturbance Permit # 11-01 was obtained for the 75 acres of disturbance, with a
security of $750.00 per acre being submitted to the Planning Department. The
applicant has also received a Missouri State Operating Permit from the MoDNR for the
75 acre land disturbance. The Planning Staff has requested that the applicant amend
the Land Disturbance Permit and required security for the amount of land that has been
disturbed.

Division III Staff Report - Branson Sports Entertainment Complex #11-16 Page 1
 PROJECT DESCRIPTION:

The proposed Branson Motorplex development will be located on a total of
approximately 809 acres. The proposed complex will showcase a three-quarter-mile
asphalt racetrack with seating for 65,000 spectators with provisions for future
expansion.
The applicant has stated that this proposed project will include:

• % mile asphalt track suitable for all standards of racing
• Stadium seating for 65,000 fans
• A road course suitable for a variety of types of racing
• Luxury Suites
• Hospitality Village
• Media Center
• Concessions Concourse with food, beverage, gifts and other amenities
• Welcome plaza with areas for souvenir trailers, corporate displays and
entertainment
• Fan accessible infield which will contain garages for the race teams and technical
inspection facilities for the sanctioning bodies.
• RV and camping facilities for participants and fans
• Concerts, car shows, trade shows, food, retail, commercial development, public
events and faith based and community gatherings

ABSOLUTE & RELATIVE POLICY ANALYSIS:

1. Water Quality
Stormwater and Sediment & Erosion Control

The site does not fall within the FEMA Floodplain. The site drains
generally to an unnamed branch of Turkey Creek. The applicant's
engineer has indicated that there is no significant concentrated flow from
upstream of this property. The applicant's engineer has also stated that
Best Management Practices will be utilized so that the development will
not accelerate off-site stormwater runoff. The applicant has indicated that
he will provide a 200 foot wide riparian corridor along the unnamed branch
of Turkey Creek. This wooded corridor will be left undisturbed to help
protect the creek from erosion and sedimentation. On February 22, 2011
a Land Disturbance Permit was issued by the Taney County Planning
Department and the Missouri Department of Natural Resources (MoDNR)
allowing for the disturbance of 75 acres. The Planning Staff has
requested that the applicant amend the Land Disturbance Permit and
required security for the amount of land that has been disturbed. The
applicant's engineer has indicated that his staff is conducting a survey of
both the graded and cleared area of the site. The engineer has further
indicated that the survey, an amended application for Land Disturbance
and an appropriate security shall be submitted to the Planning Department
office. The applicant's engineer has further stated that the project will
incorporate water quality measures into the design for both the
Division III Staff Report - Branson Sports Entertainment Complex #11-16 Page 2
 construction phase and also permanent measures including: bioswales,
rain gardens, bioretention basins, detention basins and grass buffer strips.

Sewage Disposal:

A sanitary sewage collection facility will be provided on the site which will
be connected to the Taney County Regional Sewer District via a proposed
trunk line to be constructed parallel with Turkey Creek. The trunk line will
connect to the City of Hollister Wastewater Treatment Plant. The sanitary
sewer main line will be dedicated to the public, with the collection lines
and laterals remaining private. On July 5,2011 the Taney County
Regional Sewer District Board voted unanimously to enter into contract
negotiations with the BSEC to extend a trunk sewer within the Turkey
Creek Watershed.

2. Environmental Policies

Soil Limitations:

There are no known limitations based on the soils in the area.

Slopes:
The applicant's engineer has stated that the developed area is designed
well below a 30% slope but has indicated that any area which exceeds a
30% slope will be designed by a licensed professional engineer with
demonstrated experience in the field of slope stabi~ization and will be
certified as creating no hazard of slope failure or excessive erosion. The
applicant has also indicated that all earthwork for the construction will be
monitored by a geotechnical engineering company. The areas which
exceed the 30% slope are generally scenic vistas, such as within the 200
foot wide riparian corridor which is being left undisturbed and protected.

Wildlife Habitat and Fisheries:
The developer has indicated that a 200 foot wide wildlife and riparian
corridor will be provided through the property along the unnamed branch
of Turkey Creek. There is no documentation of any protected wildlife
species located on the property.

Air Quality:
The applicant's engineer has stated that the proposed development will
not have an effect on the overall air quality in the area. Taney County
does not fall within an air quality attainment area as defined by the EPA.

Division III Staff Report - Branson Sports Entertainment Complex #11-16 Page 3
3. Off-Site Nuisances
Noise:

The construction of the Motorplex will take advantage of the topography to
place the racetrack in a sixty-foot deep bowl-like configuration with the
surrounding terrain being at a higher elevation. This may help mitigate the
sound waves from the Motorplex complex. The existing, undisturbed trees
and vegetation in the area will tend to soften, mute and disrupt the sound
waves and help control noise levels. The staff is proposing that the sound
levels be both monitored and controlled off-site.
A sound analysis is currently underway. The applicant's engineer has
indicated that this information will be presented at the public hearing.

Lighting:
The applicant's engineer has stated that exterior lighting within the
Motorplex will be arranged to minimize light spillover onto any adjacent
property and so that lighting sources will be shaded, shielded or directed
so that the light intensity or brightness will not adversely affect adjoining
property.

4. Compatibility Factors
Use Compatibilty:

The proposed Motorplex is located in a rural area south - of Hollister
between U.S. Highway 65 and the Branson Airport. Adjoining residential
areas to the north and east will be separated from the development by
distance and by maintaining the existing natural vegetation buffer which
will be left undisturbed. The primary area of concern is noise mitigation.

Lot Coverage, Building Bulk and Scale & Building Materials:
There is a considerable amount of open space within this development.
Conversely, the amount of building coverage is relatively small compared
to the overall size of the site.
The applicant's engineer has indicated that the stadium seating will
exceed the 70 foot height limitation. However per the provisions of 4.12.3
of the Development Guidance Code structures many be erected
exceeding 70 feet, subject to the structure not lying within 300 feet of an
existing single family residence or within 200 feet of a multi-family
residence and when the maximum portion of the structure that may be
built below Base Plane shall not exceed 40% of the height of the structure.

Division III Staff Report - Branson Sports Entertainment Complex #11-16 Page 4
 Structural Screening of Rooftop Equipment and Vents:

The rooftops of the Motorplex buildings will be approximately 1,600 feet
from any public street or highway and approximately 1,700 feet from any
existing residential structure. It is doubtful that any rooftop equipment will
be noticeable from those locations. The applicant's engineer has
indicated that all rooftop equipment or vents will be screened from sight
with parapet walls and other architectural screening.

Structural Screening of Solid Waste Containers:

The applicant's engineer has indicated that the development will screen all
solid waste containers (Le., dumpsters) from view by the public. Individual
trash cans within the racetrack area will be aesthetically appropriate and
will be located in plain sight of the participants to encourage use. The
applicant has further indicated that the development will utilize and
encourage a recycling program for the separation and responsible reuse
of waste materials.

Structural Screening of Outdoor Equipment, Storage, Etc.:
Outdoor storage of equipment or materials will be screened from street
level or placed inside buildings.

Landscaped Buffers - Nonresidential:

The applicant has indicated that bufferyards will be provided in
accordance with the standards found in Appendix J of the Taney County
Development Guidance Code both adjacent to public streets and
residential properties. Existing, natural vegetation in bufferyard areas will
be left whenever practicable, with additional vegetation being added
where natural vegetation is non-existent or insufficient to meet the
county's bufferyard requirements. BSEC will be responsible for
maintaining and replanting the bufferyards in accordance with the original
design. The 200 foot wildlife and riparian corridor along the branch of
Turkey Creek will be left natural.

5. Local Economic Development

Right to Farm:
The proposed development will not limit the viability of any existing
agricultural uses.

Right to Operate:

The proposed development will not limit the viability of any existing
industrial operations.

Division III Staff Report - Branson Sports Entertainment Complex #11-16 PageS
 Diversification and Economic Development:

The applicant has indicated that the Motorplex will create hundreds of
year-round jobs. The jobs created by the planning, design and
construction of the project include: architects, engineers, surveyors, skilled
construction workers, laborers, heavy equipment operators, material
suppliers, associated delivery and shipping personnel of the construction
materials. Secondary jobs related to supporting these workers include:
restaurants for meals, goods and services offered by local businesses and
other accommodations. The other component of job creation and
economic stimulus is the potential for growth in the surrounding area. The
expanded opportunities for business growth and development will result in
new jobs and a larger employment base.

6. Site Planning, Design, Occupancy
Provision will be made for common driveways, circulation and parking.
The applicant's engineer has indicated that the off-street parking, including
handicapped access, will be provided to meet or exceed Taney County
standards. A portion of the parking area will be paved and striped while
the larger portion will be maintained as grass which will help reduce storm
water runoff and reduce the heat island effect of paved parking areas
during summer months. Treed walkways for pedestrians will provide
shade as well as communicate the divided circulation system. The
recreational vehicle parking area and camping areas will be designed in
accordance with Taney County standards.
This applicant has stated that he also plans to self-impose building codes
(current edition of International Building Codes) for all structures
constructed with this project and hire an independent third party for code
compliance review.

7. Commercial Development

Development Pattems:
The uses within the proposed development are clustered into one area,
rather than being located along a long strip of highway. All the uses will
share common access points to the highway and will share parking. The
development will function as a coherent unit rather than separate units
functioning at random.

Development Buffering:

The applicant has indicated that landscaped bufferyards will be provided
both by preserving existing vegetation and by adding vegetation adjacent
to public roads which will meet or exceed Taney County standards.

Division III Staff Report - Branson Sports Entertainment Complex #11-16 Page 6
 8. Services - Capacity and Access

Traffic:

The applicant's engineer has indicated that a traffic impact study is being
prepared and coordinated with MoDOT for the development. The
applicant has requested financial participation on a state and local level in
upgrading the existing transportation system and expanding it to provide
the necessary capacity. These transportation improvements include:

• Construction of a new access road to the Branson Airport.
• Constructing the three new interchanges previously called out in the
MoDOT Long Range Transportation Plan which will remove the
signalized intersections on U.S. Highway 65 at Highways 265 and 86
to allow the north and south bound traffic to continue without
interruption.
• Construction of the remaining portions of the U.S. Highway 65 east
outer road called out in the MoDOT Long Range Transportation Plan.
MoDOT has previously identified the aforementioned improvements within
their long range plans for the area. The applicant has stated that BSEC
will work in conjunction with MoDOT on a cost-share basis to advance the
construction of these projects. MoDOT has requested the submittal of
traffic impact study and employment projections. The applicant has been
in discussion concerning the proposed project with both the Missouri
Department of Economic Development and MoDOr.

Emergency Services:

The applicant has indicated that will a public safety building will be
constructed on site that will house fire, ambulance, sheriff and highway
patrol sub-stations. This facility will also house a traffic management
center (TMC). This TMC will serve to manage traffic during periods of
high traffic volumes to safely and efficiently manage traffic flow.

Right-of-way of Existing Roads:
The development has access to existing roads which have been identified
to need more substantial improvements the right-of-way will have to be
provided in accordance with MoDOT and Taney County standards.

Division III Staff Report - Branson Sports Entertainment Complex #11-16 Page 7
 9. Internal Improvements

Water System Service:

The development will be served by a central water system permit by the
Missouri Department of Natural Resources (MODNR). Water for drinking
and fire protection will be provided by drilling multiple small wells, an
elevated storage tank and adequately sized distribution lines. The
applicant's engineer has indicated that these facilities will be designed to
meet fire fighting requirements for storage and flow.

Emergency Water Supply:

The development will include fire hydrants capable of delivering adequate
firefighting pressures and flows throughout the development. Individual
buildings may be equipped with sprinkler systems as required. Fire
protection will be coordinated with the Western Taney County Fire District.

Pedestrian Circulation Infrastructure:
The applicant has indicated that the development will include adequate
internal sidewalks and pedestrian access to all facilities from the parking
lots and between facilities within the development to encourage pedestrian
access so that fans and visitors will not have to return to their vehicles to
move between venues and activities on the site.

Pedestrian Safety:

The applicant's engineer has indicated that all sidewalks will be separated
from vehicular traffic to provide safe means of pedestrian access to all
facilities.

Parking and Loading Areas:

All parking spaces and loading areas will be provided in accordance with
the provisions of the Taney County Development Guidance Code. The
development will provide parking spaces based on the seating capacity of
the 65,000 seat stadium (one parking space for each 2.5 seats provided)
which would be the largest seating capacity within the development.

Bicycle Circulation:

Provision will be made for bicycle access and parking within the
development to allow the bicycling public to access the development in
safety and convenience.

Division III Staff Report - Branson Sports Entertainment Complex #11-16 Page 8
 Underground Utilities:

All utilities will be located underground. Electric service can be provided
by one of two providers. Letters indicating their ability and capacity to
provide service to this development have been provided to the Planning
Department.

10. Solid Waste Disposal
Solid waste will be collected on site in appropriate receptacles. The
developer will investigate the feasibility of providing for recycling within the
development. The developer will contract with a licensed waste removal
company for regular (weekly) disposal of all solid waste. A letter of intent
to provide solid waste disposal services has been provided to the Planning
Department.

Division III Staff Report - Branson Sports Entertainment Complex #11-16 Page 9
RECOMMENDATIONS:

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 and the Taney County Road Standards that include plans for the following:

a. Stormwater management (Appendix B Item 3)
b. Utility easements and building line setbacks (Table 12)
c. Improvements with scale of buildings, streets, onsite parking and
utilities.(Table 6)
d. A complete landscape and buffering plan showing the location, size and
planting materials for all buffer yards, both adjacent to public rights-of-way
and residential properties.
e. A lighting plan showing the location, height and other specifications on the
lighting to be provided for the development.
f. A traffic impact study shall be submitted to the Taney County Road and
Bridge Department.
g. An engineering public improvement plan shall be submitted to the Taney
County Road and Bridge Department prior to the construction of a new
access road to the Branson Airport.

2. Compliance letters from the Fire, Sewer and Water Districts, Missouri
Department of Transportation (MoDOT), Missouri Department of Natural
Resources (MoDNR), including all other entities which have requirements
governing a development of this riature.(Chapter VI-VII)
3. Prior to the issuance of Certificates of Conformance (C of Cs), the developer
shall upgrade the existing transportation system and provide the necessary
capacity to serve this development, as required by both Taney County and the
Missouri Department of Transportation (MoDOT). These transportation
improvements may include:

• Construction of a new access road to the Branson Airport.
• Constructing the three new interchanges previously called out in the
MoDOT Long Range Transportation Plan which will remove the
signalized intersections on U.S. Highway 65 at Highways 265 and 86
to allow the north and south bound traffic to continue without
interruption.
• Construction of the remaining portions of the U.S. Highway 65 east
outer road called out in the MoDOT Long Range Transportation Plan.

4. A 200 foot wildlife and riparian corridor shall remain along the branch of Turkey
Creek and shall be left in its natural state. Areas at the perimeter of the riparian
corridor shall require additional vegetative plantings where natural vegetation is
non-existent or insufficient to meet the county's bufferyard requirements, as
found within the provisions of Appendix J of the Development Guidance Code.

Division III Staff Report - Branson Sports Entertainment Complex #11-16 Page 10
 5. A minimum of a 40 foot natural vegetative buffer, meeting all of the requirements
of Appendix J of the Taney County Development Guidance Code, shall be
established between the road course (including any accessory structures) and
the adjoining property to the west. The plantings shall be established per the
provisions of Table J-1 for commercial facilities.

6. Four (4) sound pressure (decibel levels) measuring stations shall be established,
located ~ mile from the center of the track. The location of these stations is to
be determined by Taney County based upon need.

7. Decibel readings shall be taken by an independent contractor and submitted to
Taney County. The independent contractor shall be specified by Taney County,
with the contractor's fees being paid by the owner I operator of the Motorplex.

8. Decibel readings at any of the four (4) measuring stations shall not exceed a
sound pressure level of 60 decibels. A $5000.00 fine will be imposed upon the
owner I operator for any reading exceeding 60 decibels.
9. All light sources within the development shall be arranged so that no direct
illumination leaves the site toward adjacent residential areas or any roadways.

10. Due to the height and size of the stadium seating (in excess of the 70 foot height
limitation) the structure will be constructed in compliance with current edition of
International Building Codes, with an independent third party completing a code
compliance review.
11. No outside storage of equipment or solid waste materials.
12. This decision is subject to all existing easements.
13. Division II Permits will be required for all applicable structures in the development
(Chapter 3 Sec. lItem B).
14. Prior to issuing Certificates of Compliance (C of Cs) a copy of the MoDNR
operating permit for the water supply shall be presented to the Taney County
Planning Department.

15. This Decision of Record shall be filed with the Taney County Recorder's Office
within 120 days or the approval shall expire (Chapter" Item 6).

Division III Staff Report - Branson Sports Entertainment Complex #11-16 Page 11
Bonita Kissee

From: rylottcdj@gmail.com
Sent: Thursday, June 23, 2011 3:32 PM
To: P&Z
Subject: race track

Sirs
I live on Fruit Farm Rd in the country farm estates sub division, and wanted to drop a line because I will not be
able to make the July 11 herring on the race track. To your surprise I am NOT apposed to the idea of a race
track being put in my front yard. I would ask that if it is possible to require them to do some of the things that
they are prepossessing, like the interchanges on Hwy 65, the outer road to 265, the things that they say will help
with the sound, and county sewer. I would hate to see them say well we are short on money we cut the 265
interchange or something else. These things will help our area on a day to day bases and make it so the race
track is not such a big deal. I understand that I will know that a race is going on as I am sure that I will hear it
even with the steps being taken. However I can hear the bull dozes know and that is not that bad. Any way if
they are going to do this please make them DO IT RIGHT. Thanks for your time.
Danny Rylott
583 Fruit Farm Rd.
4178233995 LAWOFFICE5 03:29: 15 p.m. 06-17-2011 2/4

LAW OFFICE OF GRANT D. JOHNSON, L.L.c.
ATfORNEY AND COUNSELOR AT LAW
Licensed by the Supreme Court of Missouri
Licensed by the Supreme Court ofTexas
3645 S. Culpepper Circle P. (417) 841-2779
Springfield, MO 65804 atty.johnson@gmail.com F. (417) 823-3995

June 17,2011

Branson Sports Entertainment Complex, LLC
c/o Incorp. Services, Inc.
2847 S. Ingram Mill Road
Suite A-loo
Springfield, MO 65804 (Via U.S. Certified MailJReturn Receipt Requested)
# 7010 2780 0001 4748 0924
Russell L. and Wanda Cook
689 High Mountain Drive
Ridgedale MO 65739 (Via U.S. Certified MaillReturn Receipt Requested)
# 7010 2780 000147480931
RE: Demand to Cease and Desist

IMMEDIATELY CEASE AND DESIST THE USE AND·DISSEMINAnON OF
CONFIDENTIAL TRADE SECRETS AND OTHER INTELLECTUAL PROPERTY OF
. OZARKS EXTREME SPORTS COMPLEX, INC. AND MiiDIRECf, LLC

Mr. Russell Cook,

On January 25, 2010, you entered into a Confidentiality Agreement with Ozarks Extreme
Sports Complex, Inc. ("OESC''), fonnerly known as, Paul Volzar, doing business as, Ozarks
Extreme Sports Park: Complex. In said Agreement you promised to maintain the confidentiality
ofany business records or plans, financial statements, trade secrets, technical information,
copyrights and other intellectual property or proprietary information belonging to either OESC or
MiiDirect, LLC, doing business as, Marketing Ideas and Investments ("Mii").

In consideration for entering into the Confidentiality Agreement, the trade secrets of
OESC and Mii were disclosed to you. These disclosures were iri the form ofBusiness Plans
dated January 24, 2010 and June 3, 2010. They were prepared by Mii for OESC and set forth a
detailed analysis of the proposed development of a family oriented sports complex in the
Branson, Missouri area Within the detailed analysis were proposed plans for developing race
car tracks, skate boarding parks,BMX bicycle tracks, and motor cross tracks, including detailed
financial records regarding capitalization and project development expenditures. You were also
indirectly given information regarding OESC's and Mii's potential investor pool.
4178233995 LAWOFFICE5 03:29:47 p.m. 06-i7-2011 3 ;4

Page 2 of 3
RE: Demand to Cease and Desist
06/17/11

Since receiving the confidential trade secrets from OESC and Mii, you have engaged in
repeated, systematic and continuing breach of the Confidentiality Agreement and have directly
violated the Missouri Trade Secrets Act, by recklessly disclosing and misappropriating the trade
secrets ofOESe and Mii for your own benefit. It has come to OESC's and Mii's attention that
you are directly engaging in the development of a family oriented sports complex located in the
Branson, Missouri area, which is substantially the same as the complex described in the Business
Plans of January 24, 2010 and June 3, 2010; and utilizing the confidential trade secrets and
intellectual property set forth therein. Additionally, it has come to the attention of OESC and
Mii that you have directly engaged members of their confidential investor pool for the purpose of
seeking capital to further your project.

Your conduct has been well documented on the internet, in local newspapers and by the
Taney County Planning Commission. OESC and Mii view your conduct as outrageous and
recklessly indifferent to their contractual and statutory rights.

OEse and Mii are entitled to have your actions immediately enjoined by the Taney
County Circuit Court pursuant to the Missouri Trade Secrets Act. Additionally, per the Act, due
to your reckless disclosure and misappropriation ofOESC's and Mii's trade secrets, you wiJl be
liable for punitive damages. OESC and Mii may also seek damages for your egregious breach of
the Confidentiality Agreement.

ShoUld you refuse to cease and desisfyoUr development of the-sports complex using
OESC and Mii trade secrets, a lawsuit will be filed against you in the Taney County Circuit
Court seeking an immediate order enjoining your activities. OESC and Mii will also seek actual
and punitive damages against you in the greatest amounts provided by law. You are also hereby
notified that any confidential information ofOESC or Mii, as defined in the Confidentiality
Agreement, still in your possession or subject to your control, shall be immediately returned to
OESC and Mii, through this office, via the address listed on the letterhead above.

Your prompt attention to this matter is expected.

SinJ\-* <\ L
iliant D. Johnson
 LAW OFFICES 03:30:20 p.m. 06- 17-201 1 4/4
417 8233995

Page 3 of3
RE: Demand to Cease and Desist
06/17/11

Cc: Ozarks Extreme Sports Complex, Inc.
MiiDirect, LLC
Branson Capital &. Management
ISOMOGroup
Gammon Construction Management and Consulting, Inc.
Great River Associates
DRLGroup
Buxton Kubik Dodd Creative
 Project: Branson Sports Entertainment Complex Permit: 11-16
Max. Possible S As • Total Negative Scores
. cored
IScoring 87 24 27.6% I 7 25.0%

Max. A~{ "
.~tiv~~~
Possible Scored Number of Percent
Importance Factor 5 25 5 2 33.3%
sewage disposal 10 10
off-site nuisances 0 -5
diversification 10 10
emergency services
right-of-way/roads 5 -10
emergency water supply 0 0
waste disposal service 0 0
waste disposal commitment
Importance Factor 4 2 50.0%
slopes 0 -4
use compatibility 0 -8
pedestrian circulation 8 4
underground utilities 8 8
Importance Factor 3 36 24 I
soil limitations 0 0
building bulk/scale 0 0
waste containers screening 6 3
outdoor equip storage 6 0
industrial buffer I screening 0 0
right to farm 0 0
right to operate
mixed-use developments 6 6
development patterns 6 6
development buffering 6 6
water system service 6 3
Importance Factor 2 8 -6 3 I 50.0%
wildlife habitat and fisheries 0 -2
air quality 0 0
building materials 0 -2
residential buffer I screening
residential privacy 4 0
traffic 0 -4
pedestrian safety 4 2
usable open space
Importance Factor 1 2 1 I
lot coverage 0 0
rooftop vents I equipment 2 1
bicycle circulation

Scoring by: Bob Atchley / Bonita Kissee
Date: June 20, 2011
Project: Branson Sports Entertainment Complex
Permit#: 11-16
Policies Receiving a Negative Score
Importance off-site nuisances right-of-way/roads
Factor 5:
Importance slopes use compatibility
Factor 4:
Importance none
Factor 3:
Importance wildlife habitat and fisheries building materials traffic
Factor 2:
Importance .. none
Factor 1:
Scoring by: Bob Atchley / Bonita Kissee
Date: June 20, 2011
 N

Branson Sports Entertainment Complex, Russell Cook+ E

s

DISCLAIMER
Taney County rnake-s every dOf110 produce and publl5h
the most current and aco.nte Informatlon POSSible.
ThLsclata is provided °as is· without warranty
or any f1lpresentatJon of aOCUfllcy. timeliness or
OCllT'pleteness. The bUrden for determining accuracy.
completene9S. trneliness. merchantability and fitness
for or the appropriilteness lor use rnts solely on the
requester. The Coumy makes 1'10 warranties. expreu
orl~.astotheuseoltheOata.There are no
Implied warranlies of mercnantablity or Mness lor
a p&rticWr pu-pose. The requater acknowteclges and
a«:l!pts thl! irritations 01 the 0at8, lncl1Jding !he fad
thai the Data is dynamw: and din 8 constant tltate 01
mahtenance, correction and upda~.
MP"""""",