P&Z Public Meeting Packet

TANEY COUNTY PLANNING COMMISSION
P. 0 . Box 383 • Forsyth, Missouri 65653
Phone: 417 546-7225 I 7226 • Fax: 417 546-6861
website: www. taneycounty. org

AGENDA
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, DECEMBER 12, 2011,6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

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

Public Hearings :
Larimore Photography
Learn and Play Daycare
Spirit Hill Airpark

Old and New Business:
Code Amendments

Adjournment

Copies of this notice may be obtained by cont acting the Planning Office at the above address and phone number.

Posted: 12/07/2011 By: MP Time: 11:00 am
Posted At : David St. entra nce to the Taney County Courthou se bulletin board, outside the County Commission meeting room
At the Taney County Courthouse and the office of Planning and Zoning .
 TANEY COUNTY PLANNING COMMISSION
DIVISION Ill STAFF REPORT
P.O. Box 383, Forsyth, MO 65653 (417) 546-7226

Public Hearing for Larimore Photography, Inc. (Branson Photo) in the Branson
Township; Section 16, Township 23, Range 21.

Request: The applicant and current property owners are Rickey and Pamela Thomas.
The representatives, James & Lori Larimore (Larimore Photography, Inc.) are
requesting approval of a Division Ill Permit allowing for the relocation of their existing
portrait studio and photo processing laboratory from a location within the corporate
limits of the City of Branson to an existing residential structure located at 1708 Bee
Creek Road. Branson Photo currently has one part-time employee in addition to the
owners. Mr. & Mrs. Larimore are seeking approval of the Division Ill Permit prior to
purchasing the property in question.

Hearing Date: December 12, 2011

History: The approximately 1.76 acre site contains an existing 4,038 square foot
residence which was constructed in 1989 (per the Assessor's information) and an
accessory building.

In 2000 James & Lori Larimore started Larimore Photography, a very small portrait
studio based out of the Larimore's Garage. In 2005, Larimore Photography purchased
Branson Photo. The representatives are now requesting to relocate Branson Photo to
the existing 4,038 square foot residential structure.

The current application was approved for Concept on November 21, 2011.

General Description: The representatives are proposing to utilize the existing 4,038
square foot residential structure as a portrait studio and photo processing laboratory. If
approved, the representatives have stated that the outside appearance of the existing
residential structure will not be modified. The photo studio takes both indoor and
outdoor photography. Therefore the representatives plan to improve the landscaping
with the additional of flowers, shrubs and trees. The representatives are proposing to
preserve at least a 25 foot natural vegetative buffer along the south property boundary
between the portrait studio and the adjoining residence. This natural vegetative buffer
will also be enhanced with the addition of shrubs and trees.

The representatives are proposing to utilize the existing parking area near the existing
residential building and an additional parking area west of the existing accessory
building, meeting the parking requirements of the Taney County Development Guidance
Code. The representatives have stated that their business averages less than five
customers at a single time.

The existing residence is currently served by the Public Water Supply District #3 and an
on-site septic system. However, the representatives have expressed a willingness to
connect to Branson municipal sewer.

Division III Staff Report- Larimore Photography (Branson Photo) #11-29 Page 1
The adjoining property immediately to the north is an existing office complex. The
adjoining property immediately to the south and east is single-family residential. The
property to the west consists of Bee Creek Road and a number of existing churches.

Review: The representatives are proposing to utilize the existing circle driveway and
two accesses off of Bee Creek Road .
The existing residence is currently served by an on-site septic system. The
representatives plan to connect to Branson municipal sewer due in part to the ph
increase in the wastewater that will be discharged as a part of the operation of the photo
processing lab.

The project received a total score of 24 on the Policy Checklist, out of a maximum
possible score of 51 . The relative policies receiving a negative score consist of
emergency water supply, waste disposal service and use compatibility.

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 letter from the Fire District.
3. Compliance letter from the Branson Public Works Department, ensuring
connection to municipal sewer.
4. At least a 25 foot natural vegetative buffer shall be preserved along the south
property boundary between the portrait studio and the adjoining residence. This
natural vegetative buffer shall be enhanced with the addition of shrubs and trees,
meeting the landscaping and vegetative cover requirements as found in
Appendix J of the Taney County Development Guidance Code.
5. No outside storage of equipment or solid waste materials.
6. This decision is subject to all existing easements.
7. 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).

Division III Staff Report- Larimore Photography (Branson Photo) #11-29 Page 2
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Water Quality
SEWAGE DISPOSAL n/a=
centralized system 2
on-site treatment system(s) with adequate safeguards to mitigate pollution 1
septic system of adequate design and capacity 0 5 2 10
proposed system may not provide adequate capacity -1
proposed solution may cause surface and/or ground water pollution -2
Environmental Policies
SOIL LIMITATIONS n/a= X

no known limitations 0
potential limitations but mitigation acceptable -1 3
mitigation inadequate -2
SLOPES n/a= X

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development on slope under 30% 0
slope exceeds 30% but is engineered and certified -1 4
slope exceeds 30% and not engineered -2
WILDLIFE HABITAT AND FISHERIES n!a= X

no impact on critical wildlife habitat or fisheries issues 0
critical wildlife present but not threatened -1 2
potential impact on critical wildlife habitat or fisheries -2
AIR QUALITY n/a=
cannot cause impact 0
could impact but appropriate abatement installed -1 2 0 0
could impact, no abatement or unknown impact -2
Land Use Compatibility
OFF-SITE NUISANCES n/a=
no issues or nuisance(s) can be fully mitigated 0
buffered and minimally mitigated -1 5 0 0
cannot be mitigated -2
Compatibility Factors
USE COMPATIBILITY n/a=
no conflicts I isolated property 0
transparent change I change not readily noticeable -1 4 -1 -4
impact readily apparent I out of place -2

Page 1 of 5
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LOT COVERAGE nla= X
lot coverage compatible with surrounding areas 0
lot coverage exceeds surrounding areas by less than 50% -1 1
lot coverage exceeds surrounding areas by more than 50% -2
BUILDING BULK AND SCALE nla= X

bulk I scale less than or equivalent to surrounding areas 0
bulk I scale differs from surrounding areas but not obtrusive -1 3
bulk I scale significantly different from surrounding areas I obtrusive -2
BUILDING MATERIALS nla= X

proposed materials equivalent to existing surrounding structures 0
proposed materials similar and should blend with existing structures -1 2
materials differ from surrounding structures and would be noticeable -2
STRUCTURAL SCREENING OF ROOFTOP EQUIPMENT & VENTS nla= X

no rooftop equipment or vents 2
blocked from view by structure design 1
blocked from view using screening 0 1
partially blocked from view -1
exposed I not blocked from view -2
STRUCTURAL SCREENING OF SOLID WASTE CONTAINERS nla=
no on-site waste containers 2
blocked from view by structure design 1
blocked from view using screening 0 3 1 3
partially blocked from view -1
exposed I not blocked from view -2
STRUCTURAL SCREENING OF OUTDOOR EQUIP, STORAGE, ETC. nla=
no outdoor storage of equipment, materials, etc., or outdoor work areas 2
blocked from view by structure design 1
blocked from view using screening 0 3 2 6
partially blocked from view -1
exposed I not blocked from view -2
LANDSCAPED BUFFERS -- RESIDENTIAL n/a= X
approved landscaped buffer between homes and all streets I roads I highways 2
approved landscaped buffer from major roads I highways only 1
minimal landscaped buffer, but compensates with expanse of land 0 2
no landscaped buffer between residences and local streets -1
no landscaped buffer from any road -2

Page 2 of 5
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LANDSCAPED BUFFERS - INDUSTRIAL nla= X

approved landscaped buffer from public roads 0
minimal landscaped buffer, but compensates with expanse of land -1 3
no landscaped buffer from public roads -2
Local Economic Develooment
RIGHT TO FARM nla= X

does not limit existing agricultural uses I does not cause nuisance, predation 0
does not limit existing agricultural uses, but may result in minor nuisance -1 3
potential impact(s) on existing agricultural land -2
RIGHT TO OPERATE nla= X

no viable impact on existing industrial uses by residential development 0
potential impact but can be mitigated -1 3
potential impact on existing industrial uses with no mitigation -2
DIVERSIFICATION nla=
creates >=5 full-time, year-round jobs outside of recreation I resort sector 2
creates full-time, year-round and seasonal jobs 1 5 1 5
creates seasonal jobs only 0
Site Planning, Design, Occuoancv
RESIDENTIAL PRIVACY nla= X

privacy provided by structural design, or not applicable 2
privacy provided by structural screening 1
privacy provided by landscaped buffers 0 2
privacy provided by open space -1
no acceptable or effective privacy buffering -2
MIXED-USE DEVELOPMENTS nla= X
uses I functions are compatible or not applicable 2
uses I functions are integrated and separated based on compatibility 1
uses I functions differ minimally and are not readily apparent 0 3
uses I functions poorly integrated or separated -1
uses I functions mixed without regard to compatiblity factors -2
Commercial Development
DEVELOPMENT PATTERNS nla= X

clustered development I sharing of parking, signs, ingress, egress, or not applicable 2
some clustering and sharing patterns with good separation of facilities 1
some clustering and sharing patterns with minimal separation of facilities 0 3
clustered development with no appreciable sharing of facilities -1
unclustered development with no sharing or ability to share facilities -2

Page 3 of 5
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DEVELOPMENT BUFFERING n/a= x
approved and effectively designed landscaped buffers between structures and all roads 2
minimal landscaped buffering, but compensates with expanse of land 1
minimal landscaped buffering 0 3
no landscaped buffering, but utilizes expanse of land -1
no or inadequate buffering or separation by land -2
Services - Capacity and Access
TRAFFIC n/a=
no impact or insignificant impact on current traffic flows 0
traffic flow increases expected but manageable using existing roads and road accesses -1 2 0 0
traffic flow increases exceed current road capacities -2
EMERGENCY SERVICES nla=
structure size and/or access can be serviced by emergency equipment 0
structure size and/or access may impede but not hinder serviceability -1 5 0 0
structure size and/or access could be problematic or non-serviceable -2
RIGHT-OF-WAY OF EXISTING ROADS nla=
greater than 50 ft. right-of-way
. 50 ft. right-of-way 0
5 5
40 ft. right-of-way -1
less than 40 ft. right-of-way -2
Internal Improvements
WATER SYSTEM SERVICE n/a=
central water system meeting DNR requirements for capacity, storage, design, etc. 2
community well I water system meeting DNR requirements
private wells meeting DNR requirements 0 3 2 6
private wells not meeting any established standards -1
individual I private wells -2
EMERGENCY WATER SUPPLY nla=
fire hydrant system throughout development with adequate pressure and flow 0
fire hydrant system with limited coverage -1 5 -2 -10
no fire hydrant system -2
PEDESTRIAN CIRCULATION INFRASTRUCTURE n/a= x
paved and dedicated walkways (no bicycles) provided throughout development 2
paved walkways provided throughout development I maybe shared with bicycles
designated walkways provided but unpaved 0 4
no pedestrian walkways, but green space provided for pedestrian use -1
no designated pedestrian walkway areas -2

Page 4 of 5
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PEDESTRIAN SAFETY nla= X

separation of pedestrian walkways from roadways by landscape or structural buffer 2
separation of pedestrian walkways from roadways by open land buffer 1 2
pedestrian walkways abut roadways with no buffering I protection 0
BICYCLE CIRCULATION nla- X

dedicated I separate bike-ways with signage, bike racks, trails 2
bicycle lanes shared with pedestrian walkways but separated by markings I signs 1 1
no designated bike-ways 0
UNDERGROUND UTILITIES nla=
all utilities are provided underground up to each building I structure 2
all utilities traverse development underground but may be above ground from easement 1
utilities above ground but I over designated easements 0 4 2 8
utilities above ground and not within specific easements -1
no specific management of utilities -2
Open-Space Density
USABLE OPEN SPACE nla= X

residential developments (>25 units) include more than 25% open recreational space 2
residential developments (>25 units) offer >10% but <25% open recreational space 1
recreational area provided , but highly limited and not provided as open space 0 2
no designated recreational space provided, but open space available -1
no open recreational space provided -2
Solid Waste Disposal
SOLID WASTE DISPOSAL SERVICE AVAILABILITY nla=
weekly service is available and documentation of availability provided 0
weekly service reportedly available but not documented -1 5 -1 -5
centralized, on-site trash collection receptacles available -2
SOLID WASTE DISPOSAL SERVICE COMMITMENT n/a= X

restrictive covenants provide for weekly disposal for each occupied structure 0
services available but not a requirement documented in covenants -1 5
not applicable I no pick-up service provided -2
Total Weighted Score= 24
Maximum Possible Score= 51
Actual Score as Percent of Maximum= 47.1%
Number of Negative Scores= 3
Negative Scores as% of All Applicable Scores= 21.4%

Scoring Performed by: Date:
Bob Atchley I Bonita Kissee December 5, 2011

Page 5 of 5
Project: Larimore Photography
Perm it#: 11-29
Policies Receiving a Negative Score
Importance emergency water supply waste disposal service
FactorS:
Importance use compatibility
Factor4:
Importance none
Factor 3:
Importance none
Factor 2:
Importance none
Factor 1:
Scoring by: Bob Atchley I Bonita Kissee
Date: June 20, 2011
 Project: Larimore Photography Permit: 11 -29

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Scoring by: Bob Atchley I Bonita Kissee
Date: June 20, 2011
 Larimore Photography

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 TANEY COUNTY PLANNING COMMISSION
DIVISION Ill STAFF REPORT
P.O. Box 383, Forsyth, MO 65653 (417) 546-7226

Public Hearing for the Learn & Play Daycare Center located at 21047 State Highway
160, Forsyth, MO, in the Swan Township; Section 36, Township 24, Range 20.

Request: The applicant, Tonia Collins is requesting approval of a Division Ill Permit in
order to convert an existing, single-family residence into a daycare center.

Hearing Date: December 12, 2011

History: According to the Assessor's information, a 672 square foot mobile home was
placed on the property in 1970. In 2002 a Division I Permit was issued, allowing for a
708 square foot addition to the mobile home.
The current application was approved for Concept on November 21, 2011.

General Description: The subject property is an existing 1.08 +/-acre and a 5.00 +/-
acre tract of land containing an approximately 1,380 square foot mobile home and
addition located at 21047 State Highway 160, Forsyth, MO. The 5.00 +/-acre tract has
been included as a part of this request because both the proposed exit onto U.S.
Highway 160 and a portion of the parking will be located on this tract of land.

The adjoining property immediately to the north and south is primarily light residential.
The adjoining property to the west consists of U.S. Highway 160 and a Central Taney
County Fire Station. The adjoining property to the east is primarily agricultural.

Review: The applicant is proposing to convert the existing residence into a daycare
facility. The structure will no longer function as a residence. The applicant has
indicated that initially the facility would provide daycare for up to four children and may
potentially provide daycare for up to 20 children with two caregivers (once the applicant
and her mother-in-law obtain their Child Care Licenses through the Missouri
Department of Health & Senior Services). Per the provisions of state law, any person
who is caring for four or fewer unrelated children is not required to be licensed.
The Missouri Department of Health & Senior Services has the following staff/child ratios
applying to child care centers:
• Birth to 2 years - 1 caregiver for every 4 children
• 2 year olds - 1 caregiver for every 8 children
• 3 to 5 year olds - 1 caregiver for every 10 children
• Ages 5 year and up- 1 caregiver for every 16 children
• Special requirements apply for mixed age groups

Division III Staff Report- Learn & Play Daycare #11-27
 The applicant is proposing to utilize the existing circle driveway and two accesses off of
U.S. Highway 160. Signage will be placed at each access indicating that the southern
access is to be the entrance and the northern access is to be the exit. The applicant is
proposing to provide an off-street parking area with 6 parking spaces, exceeding the
requirements of the Taney County Development Guidance Code.

The proposed business hours will be Monday through Friday 6:30AM to 6:30 PM. The
proposed daycare facility will include a fenced 48' x 55' fenced playground area. There
will also be a fenced 10' x 60' area along the front of the structure.

The property is currently served by the Public Water Supply District # 1 and an
individual septic system. The Taney County On-site Wastewater System Inspector has
visited the site in conjunction with personnel from the Missouri Department of Health &
Senior Services and found that the existing septic system will support the needs of the
proposed daycare center. The septic system was originally designed for a three
bedroom home and has the capacity to serve the daycare center.

The project received a score of -19 on the Policy Checklist, out of a maximum possible
score of 53. The relative policies receiving a negative score consist of emergency water
supply, solid waste disposal service, off-site nuisances, use compatibility, utilities and
traffic.

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

1. Compliance with the provisions of the Taney County Development Guidance
Code.

2. The appropriate licenses shall be obtained from the Missouri Department of
Health & Senior Services and all licensing requirements shall be met prior to the
issuance of a Certificate of Conformance.

3. Compliance letters from the fire department and the Missouri Department of
Transportation (MoDOT).

4. Appropriate signage will be placed at the two access points indicating both the
entrance and exit.

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

6. This decision is subject to all existing easements.

7. 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). ·

Division III Staff Report- Learn & Play Daycare #11-27
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Water Quality
SEWAGE DISPOSAL n/a-
centralized system 2
on-site treatment system(s) with adequate safeguards to mitigate pollution 1
septic system of adequate design and capacity 0 5 0 0
proposed system may not provide adequate capacity -1
proposed solution may cause surface and/or ground water pollution -2
Environmental Policies
STORM DRAINAGE n/a- X

on-site stormwater retention and absorption with engineered plans 2
on-site stormwater retention and absorption without engineered plans 1
stormwater retention with managed and acceptable run-off 0 4
no stormwater retention, but adverse impacts from run-off have been mitigated -1
no acceptable management and control of stormwater run-off -2
AIR QUALITY n/a==
cannot cause impact 0
could impact but appropriate abatement installed -1 4 0 0
could impact, no abatement or unknown impact -2
Critical Areas
PRESERVATION OF CRITICAL AREAS n/a== X
no adverse impact to any designated critical area 2
one of the designated critical areas impacted but can be fully mitigated 1
more than one of the designated critical areas impacted but can be fully mitigated 0 3
one or more of the designated critical areas impacted and mitigation not fully effective -1
one or more of the designated critical areas impacted with no ability to mitigate problem -2
Land Use Compatibility
OFF-SITE NUISANCES n/a==
no issues 2
minimal issues, but can be fully mitigated 1
issues that can be buffered and mitigated to a reasonable level 0 4 -1 -4
buffered and minimally mitigated -1
cannot be mitigated -2
USE COMPATIBILITY n/a==
no conflicts I isolated property 0
transparent change I change not readily noticeable -1 4 -1 -4
impact readily apparent I out of place -2

Page 1 of 5
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STRUCTURAL SCREENING OF ROOFTOP EQUIPMENT & VENTS nla= X

no rooftop equipment I vents or blocked from view by structure design or screening 0
partially blocked from view -1 3
exposed I not blocked from view -2
STRUCTURAL SCREENING OF SOLID WASTE CONTAINERS nla- X

no on-site waste containers or blocked from view by structure design or screening 0
partially blocked from view -1 3
exposed I not blocked from view -2
STRUCTURAL SCREENING OF OUTDOOR EQUIP, STORAGE, ETC. nla= X

no outdoor storage of equipment, materials, etc., or outdoor work areas 2
blocked from view by structure design 1
blocked from view using screening 0 3
partially blocked from view -1
exposed I not blocked from view -2
LANDSCAPED BUFFERS -- RESIDENTIAL nla= X

approved landscaped buffer between homes and all streets I roads I highways 2
approved landscaped buffer from major roads I highways only 1
minimal landscaped buffer, but compensates with expanse of land 0 2 0
no landscaped buffer between residences and local streets -1
no landscaped buffer from any road -2
LANDSCAPED BUFFERS - INDUSTRIAL nla= X

approved landscaped buffer from public roads 0
minimal landscaped buffer, but compensates with expanse of land -1 3
no landscaped buffer from public roads -2
Local Economic Development
AGRICULTURAL LANDS n/a= X

no conversion of Class I-IV agricultural land to other use(s) 0
1
development requires reclassification of Class I-IV agricultural land to other use(s) -2
RIGHT TO FARM nla= X

does not limit existing agricultural uses I does not cause nuisance, predation 0
does not limit existing agricultural uses, but may result in minor nuisance -1 3
potential impact(s) on existing agricultural land -2
RIGHT TO OPERATE nla= X

no viable impact on existing industrial uses by residential development 0
potential impact but can be mitigated -1 2
potential impact on existing industrial uses with no mitigation -2

Page 2 of5
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DIVERSIFICATION n/a=
creates >=5 full-time, year-round jobs outside of recreation I resort sector 2
creates full-time, year-round and seasonal jobs 1 4 1 4
creates seasonal jobs only 0
Site Planning, Design Occupancy
RESIDENTIAL PRIVACY n/a- X

privacy provided by structural design, or not applicable 2
privacy provided by structural screening 1
privacy provided by landscaped buffers 0 2
privacy provided by open space -1
no acceptable or effective privacy buffering -2
MIXED-USE DEVELOPMENTS n/a= X

uses I functions are compatible or not applicable 2
uses I functions are integrated and separated based on compatibility 1
uses I functions differ minimally and are not readily apparent 0 3
uses I functions poorly integrated or separated -1
uses I functions mixed without regard to compatiblity factors -2
Commercial Development
DEVELOPMENT PATIERN I BUFFERING nla=
approved and effectively designed landscaped buffers between structures and all roads 2
minimal landscaped buffering, but compensates with expanse of land 1
minimal landscaped buffering 0 4 0 0
no landscaped buffering , but utilizes expanse of land -1
no or inadequate buffering or separation by land -2
Services - Capacity and Access
UTILITIES n/a=
adequate utilities capacity as evidenced by letter from each utility 0
adequate utilities capacity without formal letter from each utility or not from all utilities -1 4 -1 -4
inadequate information to determine adequacy of utilities -2
TRAFFIC n/a=
no impact or insignificant impact on current traffic flows 0
traffic flow increases expected but manageable using existing roads and road accesses -1 2 -1 -2
traffic flow increases exceed current road capacities -2
EMERGENCY. SERVICES n/a=
structure size and/or access can be serviced by emergency equipment 0
structure size and/or access may impede but not hinder serviceability -1 3 0 0
structure size and/or access could be problematic or non-serviceable -2

Page 3 of 5
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RIGHT-OF-WAY OF EXISTING ROADS n/a=
greater than 50 ft. right-of-way 1
50 ft. right-of-way 0
5 0 0
40 ft. right-of-way -1
less than 40 ft. right-of-way -2
Internal Improvements
WATER SYSTEMS n/a=
central water system meeting DNR requirements for capacity, storage, design, etc. 2
community well/ water system meeting DNR requirements 1
private wells meeting DNR requirements 0 3 2 6
private wells not meeting any established standards -1
individual/ private wells -2
EMERGENCY WATER SUPPLY n/a=
fire hydrant system throughout development with adequate pressure and flow 0
fire hydrant system with limited coverage -1 5 -2 -10
no fire hydrant system -2
PEDESTRIAN CIRCULATION nla= X

paved and dedicated walkways (no bicycles) provided throughout development 2
paved walkways provided throughout development I maybe shared with bicycles 1
designated walkways provided but unpaved 0 4
no pedestrian walkways, but green space provided for pedestrian use -1
no designated pedestrian walkway areas -2
PEDESTRIAN SAFETY nla= X

separation of pedestrian walkways from roadways by landscape or structural buffer 2
separation of pedestrian walkways from roadways by open land buffer 1 2
pedestrian walkways abut roadways with no buffering I protection 0
BICYCLE CIRCULATION nla= X

dedicated I separate bike-ways with signage, bike racks, trails 2
bicycle lanes shared with pedestrian walkways but separated by markings I signs 1 1
no designated bike-ways 0
UNDERGROUND UTILITIES nla=
all utilities are provided underground up to each building I structure 2
all utilities traverse development underground but may be above ground from easement 1
utilities above ground but I over designated easements 0 4 0 0
utilities above ground and not within specific easements -1
no specific management of utilities -2

Page 4 of 5
Learn & Play Daycare I Permit#: G)
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Open-Space Density
USABLE OPEN SPACE n/a= X

residential developments (>25 units) include more than 25% open recreational space 2
residential developments (>25 units) offer >1 0% but <25% open recreational space 1
recreational area provided, but highly limited and not provided as open space 0 2
no designated recreational space provided, but open space available -1
no open recreational space provided -2
Solid Waste Disposal
SOLID WASTE DISPOSAL SERVICE AVAILABILITY n/a=
weekly service is available and documentation of availability provided 0
weekly service reportedly available but not documented -1 5 -1 -5
centralized, on-site trash collection receptacles available -2
SOLID WASTE DISPOSAL SERVICE COMMITMENT n/a= X

restrictive covenants provide for weekly disposal for each occupied structure 0
services available but not a requirement documented in covenants -1 5
not applicable I no pick-up service provided -2
Total Weighted Score= -19
Maximum Possible Score= 53-
Actual Score as Percent of Maximum= -35.8%
Number of Negative Scores= 6
Negative Scores as % of Total Score= 17.1%

Scoring Performed by: Date:

Bob Atchley I Bonita Kissee December 5, 2011

Page 5 of 5
Project: Learn & Play Daycare
Perm it#: 11-27
Policies Receiving a Negative Score
Importance emergency water supply waste disposal service
Factor 5:
Importance off-site nuisances use compatibility utilities
Factor4:
Importance none
Factor 3:
Importance traffic
Factor 2:
Importance none
Factor 1:
Scoring by: Bob Atchley I Bonita Kissee
Date: December 5, 2011
Eastern District Relative Policies: Division Ill Permit

Project: Learn & Play Daycare Perm it: 11-27

Scoring by: Bob Atchley I Bonita Kissee
Date: December 5, 2011
 Learn & Play Day Care

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 TANEY COUNTY PLANNING COMMISSION
DIVISION Ill STAFF REPORT
P.O. Box 383, Forsyth, MO 65653 (417) 546-7226

Public Hearing for the Spirit Hill Airpark Subdivision located on the east side of State
Highway M, Cedar Creek, MO, in the Cedar Creek Township; Section 25, Township 22,
Range 19; Sections 29 & 30, Township 22, Range 18 and Sections 32 & 33, Township
21, Range 18.

Request: The applicants, Tammy Warner and Rick Persinger are requesting approval
of a Division Ill Permit seeking to subdivide a total of 1018.12 +/-acres into lots, all five
(5) acres or greater in size. The Preliminary Plat of the Spirit Hill Airpark shows a total
of 146 residential lots, four commercial lots and a Proposed Golf Course.

Hearing Date: December 12, 2011

History: In September 2011 approximately 490 acres was deeded from Rick Persinger
(RLP Revocable Living Trust) to Tammy Warner of Missouri Airparks, LLC. The
Assessor's information indicates that the remaining 571 acres is currently under the
ownership of the RLP Revocable Living Trust. On September 29, 2011 the Spirit Hill
Minor Subdivision, a six (6) lot minor subdivision of approximately 43.37 acres with all
lots being over 5 acres in size, was approved administratively. Please note that Lots 1-
6 as indicated on the Preliminary Plat of Spirit Hill Airpark have already been approved
via this minor subdivision.

On November 28, 2011 a Stop Work Order was issued to Tammy Warner regarding the
clearing of the future runway area without first obtaining a Taney County Land
Disturbance Permit. Ms. Warner immediately contacted the Planning office and has
begun the process to obtain a Land Disturbance Permit. On December 7, 2011 the
Planning Office received an engineered Erosion & Sediment Control Plan for the future
runway area from the applicant.

The current application was approved for Concept on November 21, 2011.

General Description: The subject property is approximately 1018.12 +/-acres of land
located east of State Highway M, Cedar Creek, MO. The applicant is proposing to
subdivide a total of 1018.12 +/-acres into 140 residential lots, four commercial lots and
a golf course, all five (5) acres or greater in size. The Spirit Hill Minor Subdivision has
already been approved creating a six (6) lot minor subdivision of approximately 43.37
+I- aces. The proposed Spirit Hill Airpark will be approximately 1061.49 +/- acres in
size total, including the approximately 43.37 acres that has already been approved as a
minor subdivision. The four commercial lots are labeled on the Preliminary Plat of the
Spirit Hill Airpark as follows: Commercial Lot 1 Community Hanger, Commercial Lot 2
Community Hanger, Spirit Hill Commercial Lot 3 and Commercial Lot 4 Rid ing Stable.

The adjoining property is predominantly agricultural and light residential.

Division III Staff Report- Spirit Hill Airpark #11-28
Review: The proposed subdivision lots will be served by individual wells and individual
on-site septic systems. Per the provisions of the Taney County Development Guidance
Code, "Lots that are five (5) acres or greater in area can be established regardless of
whether frontage on a public road exists or not. Any lot created shall have either
direct access to a public road or an established access easement." The creation of
subdivision lots 5 acres or greater in size is exempt from the Missouri Department of
Natural Resources (MoDNR) Residential Housing Development (subd ivision) rule.

The Missouri Department of Transportation (MoDOT) Traffic Specialist has provided
correspondence indicating that the sight distance at the existing entrance to the
subdivision would allow for an upgrade to a commercial entrance. Please note that the
letter references Route H instead of State Highway M.
The project received a score of -27 on the Policy Checklist, out of a maximum possible
score of 65. The relative policies receiving a negative score consist of emergency water
supply, solid waste disposal service, waste disposal commitment, stormwater drainage,
development buffering, utilities, right to farm, residential privacy, traffic and agricultural
lands.

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 Section VI Item 2)
b. Stormwater·management (Appendix B·Item 3)
c. Land Disturbance Permit
d. Utility easements and building line setbacks (Table 12)
e. Landscape buffer plan for the 4 commercial lots that adjoin the residential
lots. (Appendix J)
f. Improvements with scale of buildings, streets, onsite parking and
utilities.(Table 6)
2. Planning Commission approval shall be sought for a Division Ill Permit prior to
the construction of the structures on the four (4) commercial lots.
3. No outside storage of equipment or solid waste materials.
4. This decision is subject to all existing easements.

5. Division I and/or Division II Permits will be required for all applicable structures in
the development (Chapter 3 Section I Item 8).

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) .

Division III Staff Report- Spirit Hill Airpark #11-28
 Spirit Hill Airpark 1 Permit#: Cl)
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Water Quality
SEWAGE DISPOSAL n/a-
centralized system 2
on-site treatment system(s) with adequate safeguards to mitigate pollution 1
septic system of adequate design and capacity 0 5 0 0
proposed system may not provide adequate capacity -1
proposed solution may cause surface and/or ground water pollution -2
Environmental Policies
STORM DRAINAGE n/a=
on-site stormwater retention and absorption with engineered plans 2
on-site stormwater retention and absorption without engineered plans 1
stormwater retention with managed and acceptable run-off 0 4 -1 -4
no stormwater retention , but adverse impacts from run-off have been mitigated -1
no acceptable management and control of stormwater run-off -2
lAIR QUALITY n/a=
cannot cause impact 0
could impact but appropriate abatement installed -1 4 0 0
could impact, no abatement or unknown impact -2
Critical Areas
PRESERVATION OF CRITICAL AREAS nla= X

no adverse impact to any designated critical area 2
one of the designated critical areas impacted but can be fully mitigated 1
more than one of the designated critical areas impacted but can be fully mitigated 0 3
one or more of the designated critical areas impacted and mitigation not fully effective -1
one or more of the designated critical areas impacted with no ability to mitigate problem -2
Land Use Compatibility
OFF-SITE NUISANCES n/a=
no issues 2
minimal issues, but can be fully mitigated 1
issues that can be buffered and mitigated to a reasonable level 0 4 2 8
buffered and minimally mitigated -1
cannot be mitigated -2
USE COMPATIBILITY n/a=
no conflicts I isolated property 0
transparent change I change not readily noticeable -1 4 0 0
impact readily apparent I out of place -2

Page 1 of 5
Spirit Hill Airpark I Permit#: Q)
11-28
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STRUCTURAL SCREENING OF ROOFTOP EQUIPMENT & VENTS nla= X

no rooftop equipment I vents or blocked from view by structure design or screening 0
partially blocked from view -1 3
exposed I not blocked from view -2
STRUCTURAL SCREENING OF SOLID WASTE CONTAINERS nla= X

no on-site waste containers or blocked from view by structure design or screening 0
partially blocked from view -1 3
exposed I not blocked from view -2
STRUCTURAL SCREENING OF OUTDOOR EQUIP, STORAGE, ETC. nla= X

no outdoor storage of equipment, materials, etc., or outdoor work areas 2
blocked from view by structure design 1
blocked from view using screening 0 3
partially blocked from view -1
exposed I not blocked from view -2
LANDSCAPED BUFFERS -- RESIDENTIAL nla=
approved landscaped buffer between homes and all streets I roads I highways 2
approved landscaped buffer from major roads I highways only 1
minimal landscaped buffer, but compensates with expanse of land 0 2 0 0
no landscaped buffer between residences and local streets -1
no landscaped buffer from any road -2
LANDSCAPED BUFFERS - INDUSTRIAL nla= X

approved landscaped buffer from public roads 0
minimal landscaped buffer, but compensates with expanse of land -1 3
no landscaped buffer from public roads -2
Local Economic Development
AGRICULTURAL LANDS nla=
no conversion of Class I-IV agricultural land to other use(s) 0
1 -2 -2
development requires reclassification of Class I-IV agricultural land to other use(s) -2
RIGHT TO FARM nla=
does not limit existing agricultural uses I does not cause nuisance, predation 0
does not limit existing agricultural uses, but may result in minor nuisance -1 3 -2 -6
potential impact(s) on existing agricultural land -2
RIGHT TO OPERATE nla= X

no viable impact on existing industrial uses by residential development 0
potential impact but can be mitigated -1 2
potential impact on existing industrial uses with no mitigation -2

Page 2 of 5
 Spirit Hill Airpark I Permit#: 11-28
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DIVERSIFICATION nla= X

creates >=5 full-time, year-round jobs outside of recreation I resort sector 2
creates full-time, year-round and seasonal jobs 1 4
creates seasonal jobs only 0
Site Planning, Design Occupancy
RESIDENTIAL PRIVACY n/a=
privacy provided by structural design, or not applicable 2
privacy provided by structural screening 1
privacy provided by landscaped buffers 0 2 -1 -2
privacy provided by open space -1
no acceptable or effective privacy buffering -2
MIXED-USE DEVELOPMENTS n/a= X

uses I functions are compatible or not applicable 2
uses I functions are integrated and separated based on compatibility 1
uses I functions differ minimally and are not readily apparent 0 3
uses I functions poorly integrated or separated -1
uses I functions mixed without regard to compatiblity factors -2
Commercial Development
DEVELOPMENT PATIERN I BUFFERING nla=
approved and effectively designed landscaped buffers between structures and all roads 2
minimal landscaped buffering, but compensates with expanse of land 1
minimal landscaped buffering 0 4 -1 -4
no landscaped buffering, but utilizes expanse of land -1
no or inadequate buffering or separation by land -2
Services - Capacity and Access
UTILITIES n/a=
adequate utilities capacity as evidenced by letter from each utility 0
adequate utilities capacity without formal letter from each utility or not from all utilities -1 4 -1 -4
inadequate information to determine adequacy of utilities -2
TRAFFIC n/a=
no impact or insignificant impact on current traffic flows 0
traffic flow increases expected but manageable using existing roads and road accesses -1 2 -1 -2
traffic flow increases exceed current road capacities -2
EMERGENCY SERVICES n/a= X

structure size and/or access can be serviced by emergency equipment 0
structure size and/or access may impede but not hinder serviceability -1 3
structure size and/or access could be problematic or non-serviceable -2

Page 3 of5
Spirit Hill Airpark I Permit#: G)
11-28
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RIGHT-OF-WAY OF EXISTING ROADS n/a-
greater than 50 ft. right-of-way 1
50 ft. right-of-way 0
5 1 5
40 ft. right-of-way -1
less than 40 ft. right-of-way -2
Internal Improvements
WATER SYSTEMS n/a-
central water system meeting DNR requirements for capacity, storage, design, etc. 2
community well/ water system meeting DNR requirements 1
private wells meeting DNR requirements 0 3 0 0
private wells not meeting any established standards -1
individual/ private wells -2
EMERGENCY WATER SUPPLY nla=
fire hydrant system throughout development with adequate pressure and flow 0
fire hydrant system with limited coverage -1 5 -2 -10
no fire hydrant system -2
PEDESTRIAN CIRCULATION nla= X

paved and dedicated walkways (no bicycles) provided throughot,~t development 2
paved walkways provided throughout development I maybe shared with bicycles 1
designated walkways provided but unpaved 0 4
no pedestrian walkways, but green space provided for pedestrian use -1
no designated pedestrian walkway areas -2
PEDESTRIAN SAFETY nla= X
separation of pedestrian walkways from roadways by landscape or structural buffer 2
separation of pedestrian walkways from roadways by open land buffer 1 2
pedestrian walkways abut roadways with no buffering I protection 0
BICYCLE CIRCULATION nla= X
dedicated I separate bike-ways with signage, bike racks, trails 2
bicycle lanes shared with pedestrian walkways but separated by markings I signs 1 1
no designated bike-ways 0
UNDERGROUND UTILITIES n/a=
all utilities are provided underground up to each building I structure 2
all utilities traverse development underground but may be above ground from easement 1
utilities above ground but I over designated easements 0 4 1 4
utilities above ground and not within specific easements -1
no specific management of utilities -2

Page 4 of 5
 Spirit Hill Airpark I Permit#: 11 -28
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Open-Space Density
USABLE OPEN SPACE n/a=
residential developments (>25 units) include more than 25% open recreational space 2
residential developments (>25 units) offer >10% but <25% open recreational space 1
recreational area provided , but highly limited and not provided as open space 0 2 0 0
no designated recreational space provided, but open space available -1
no open recreational space provided -2
Solid Waste Disposal
SOLID WASTE DISPOSAL SERVICE AVAILABILITY nla=
weekly service is available and documentation of availability provided 0
weekly service reportedly available but not documented -1 5 -1 -5
centralized, on-site trash collection receptacles available -2
SOLID WASTE DISPOSAL SERVICE COMMITMENT n/a=
restrictive covenants provide for weekly disposal for each occupied structure 0
services available but not a requirement documented in covenants -1 5 -1 -5
not applicable I no pick-up service provided -2
Total Weighted Score= -27
Maximum Possible Score:; 65
Actual Score as Percent of Maximum= -41.5%
Number of Negative Scores= 10
Negative Scores as% of Total Score= 28.6%

Scoring Performed by: Date:
Bob Atchley I Bonita Kissee December 5, 2011

Page 5 of5
Project: Spirit Hill Airpark
Perm it#: 11-28
Policies Receiving a Negative Score
Importance emergency water supply waste disposal service waste disposal commitment
Factor 5:
Importance stormwater drainage development buffering utilities
Factor 4:
Importance right to farm
Factor 3:
Importance residential privacy traffic
Factor 2:
Importance agricultural lands
Factor 1:
Scoring by: Bob Atchley I Bonita Kissee
Date: October 26, 2011
 Eastern District Relative Policies: Division Ill Permit

Project: Spirit Hill Airpark Perm it: 11-28

Scoring by: Bob Atchley I Bonita Kissee
Date: October 26, 2011
 MoDOT Springfield Area District
Missouri 3025 East Kearney Street.
M. O. Box 868
Springfield, MO 65801
Department (417) 895-7600
Fax (417) 895-7610
of Transportation Rebecca J. Baltz, P.E., District
www. modot. org
Toll free 1-888 ASK MoDOT

Nov. 14, 2011
Permit Number:
County: Taney
Route: H
Job Description: Airpark Commercial Entrance

Dear: Sir or Madam

Concerning the existing entrance located on Rte. H, 1.6 miles south of Rte. KK on the east
side of Rte. H, my sight distance findings are as follows. SSD - NB 768 ft. SB 694 ft. The
minimum stopping sight distance allowed for a highway with a speed limit of 55 mph is 490 ft.
The measurements are well above the minimums and therefore would allow for an_upgrade to the
entrance to a Type III, or Commercial entrance. .

If you need to contact me, I can be reached at 417.766.2749.

Respectfully,
~J.£)~
Terry Dry
Traffic Specialist

Our mission is to provide a world-class transportation experience that delights our customers and promotes a prosperous Missouri.
 TANEY COUNTY PLANNING COMMISSION
P. 0 . Box 383 • Forsyth, Missouri 65653
Phone: 41 7 546-7225 I 7226 • Fax: 41 7 546-6861
website: ww1v.taneycozmty.org

November 28, 2011

Tammy Warner
Missouri Airparks, LLC
1272 Brass Lantern Road
Cedar Creek, MO 65627

STOP WORK ORDER- Notice of Violation of the Taney County Development Guidance
Code
Dear Ms. Warner:

It has come to the attention of the Taney County Planning Department that an approximately eight (8) acre area
has been graded for a future runway and road right-of-way area within the proposed Spirit Hill Airpark, without
first obtaining a Taney County Land Disturbance Permit and a Missouri Department ofNatural Resources
(MoDNR) operating permit. The Taney County Development Guidance Code requires that ''No land grading
(exceeding one (1) acre), except hand clearing or brush-hogging, shall commence on any property before all
proper permits have been obtained." Per the provisions of the Taney County Development Guidance Code, "A
Stop Work Order will be issued whenever land disturbance, construction, or development activity, which
a
constitutes violation of the Development Code, occurs." . . .

A Taney County Land Disturbance Application ~hall be submitted to the Planning office along with a Land
Disturbance Plan, an Erosion & Sediment Control Plan (meeting the minimum requirements established in
Appendix I of the Development Guidance Code) and a Stormwater Pollution Prevention Plan (SWPPP). Per the
provisions of Section 10.2 of the Taney County Development Guidance Code, upon approval of a Land
Disturbance Plan and the issuance of the Land Disturbance Permit, the developer shall post a performance bond,
or submit cash or a certified check. Upon approval of the Land Disturbance Permit you will be required to remit
a security in the amount of $750 per acre of disturbance.

Per the provisions of Section 3.10 of the Taney County Development Guidance Code, "Any person, firm, or
corporation that fails to comply with or violates any of these regulations shall be deemed guilty of a
misdemeanor and be subject to a fine of not more than one thousand dollars ($1,000) or imprisonment in the
county jail for a period not exceeding one (1) year, or both."

You are being given ten days from the date of service to seek compliance with the provisions ofthe Taney
County Development Guidance Code. Thank you in advance for your immediate attention to this matter.

Sincerely,

~ azz;~
Bob Atchley / .
Taney County Plam1ing Administrator

Cc: Charles Greeson, MoDNR
 DATB: 12/0t/lr
JOB NO:
DWG.NO:

SPIRIT HILL AIR PARK ORWN. BY : ~o~cs
CHKD. BY: M£S

PHASE 1 GRADING & SEDIMENT CONTROL PLANS
TANEY COUNTY, MISSOURI
24
OWNER
SOMEDAY RANCH , LLC
1272 BRASS LAN TERN ROAD
CEDAR CREEK, MISSOURI 65627 • • • • •
TREAT
ti\~CiiliTECTS,
I'.C.
TANEY COUNTY, MO
• • • • •
." LOCATION MAP Post Office Box 1542
415 Green Briar Dr.
SEC 24 - TOWNSHIP 22N - RANGE- 20W
Branson, Missouri
Ph: 417-336-2015
Fax: 417-336-20 16

r
I

LEGEND

•l"ffOP.Q.lV. CXIMTtll.-t
-- - • I'IIOI'OIItOSill~Cie

PROJECT

~·
SPIRIT HILL
AIR PARK
C/0 SOMCOAY RMICH. llC
1272 BRASS LANTERN ROAD
CEDAR CREEK, MO 6~27
417-576-3817

SHEE T INDEX
C-1.. .COVER
C-2 ... GRADING AND SEDIMENT CONTROL PLAN
C-3... SEDIMENT CONTROL DETAILS DRAWING
COVER SHEET

GRAPHIC SCALE

(llfrltT)
i T
, •..., ... .oon. SHEET NO.

C- 1
I I OF 3 SHTS.
 DATE: 12/01/11
JOBNOo
DWG,NO:
ORWN.BY:JJCS
CHKD. BY: AlES

\
\

\ \

•••••
TREAT
Jl\I'IIC ~ OTIEC'rn,
ii>.C.
• • • • •
Post Office Bo]t 1542
415 Green Briar Dr.
Branson, Missouri
Ph: 417-336-20 15
NOTE; Fax: 417-336-2016
PHASE 1 TOTAL OISTIJRB£1J ARE'A 4,8
Acm:s PHASC 2 10 COAUti£NC£ CWCC
\ PH.AS£ 1 IS STA&uzrn.
\

I
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LEGEND

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--- ·~S>I.fftHC:l

PROJECT
SPIRI T HILL

' AIR PARK

>~ ·.
',~a!D~
C/0 SOiol(l)A't R-'l-1~. U.C
1272 BRASS l.AHT[RN R0'-0
CfDAR CftED(. UO 6~27
.. 17-~715-3817

DRAWING
GRADING &: SEDIMENT
CON TROL PLAN

GRAPHIC SCALE SHEET NO,

kos.JJ-J T i C-2
N 2 OF 3 SHTS.
 DATE.: 12/DI/ft
JOB NO:
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$t:J)f/lfflHTCY)}(TI<fiUmii8~!X'11!D, J'1iHC\?I'I'nfAC'Tl)«fll DRWN. BY: lin
III!SI'ONS!IIU!I'rM crJNT1ttJU."''OErf(J$10.'1A."lODnO'TA~f)BOF

~ik~l5~~~Fifii1'nm
CHKD . BY:~o~t:s

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l"X2 "110a1 POS7.
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I .- J. $/~HMIWI'ITMINS$1/0W,'0/011 1 1/IS'I.A" MUf/' IJ/;JNSl'ALVIII IU/11/Jo/ 10
('.A UINIMIII.UY.SM'II;Mc'ONS fiiVCf>()l;tii i()IN$()JIA.f!WO'IA.f1Q~
MO«JJAC/Ui!AIWi.W5'lV/UUo!.l, Wl/lOll!Vl>XOC:'OUI)'N/t31

8ACiffU ro>- -7i-----,----"' .t TllS~.fJWJ.(.1Jl.tNS~IJ'T'JDOT1 1 /.'ITBIIJI»MD
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=..~~~WA1EIIt:fr.l.fniiJCr10.YMMJ'WHI;XI:IIeJI
• • • • •
TREAT
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• • • • •
Post Office Box 1542
415 Green Briar Dr.
Brunson, Missouri
Ph: 417-336-20 15
Fax: 417-336·2016

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DRAWING
SEDIMENT CONTROL
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C-3
II ~ OF 3 SHTS.
Spirit Hill Airpark