P&Z Public Meeting Packet

TANEY T a n e y C o u n t y P l a n n i n g C o m m is s io n
P. O. Box 383 • Forsyth, Missouri 65653
COUNTY Phone: 417 546-7225 / 7226 • Fax:417546-6861
website: www.taneycounty.org

AGENDA
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARINGS
MONDAY, MAY 13, 2013, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Establishment o f Quorum
Explanation o f Meeting Procedures
Presentation o f Exhibits

Public Hearings.
Branson Canyon
Apex Practical Firearms
Sycamore Creek Family Ranch
Kenny Bear Event Center

Old and New Business:
Tentative

Adjournment.
 TANEY COUNTY
TANEY PLANNING COMMISSION

COUNTY DIVISION III PERMIT
STAFF REPORT

HEARING DATE: May 13, 2013

CASE NUMBER: 2013-0005

PROJECT: Branson Canyon Condominiums - Nightly Rental
Amendment

APPLICANT: Phil Lopez

LOCATION: The subject property is located in the 800 Block of
State Highway P, Hollister, MO; Oliver Township;
Section 36, Township 22, Range 22.

REQUEST: The applicant, Phil Lopez is requesting the approval
of a Division III Permit in order to modify the original
Division III Permit Decision of Record (#2003-0049),
allowing for up to 281 permitted condominium units to
be utilized for nightly rental.

BACKGROUND and SITE HISTORY:

On November 17, 2003 the Taney County Planning Commission approved Division III
Permit # 2003-0049, authorizing a mixed-use development for residential and
commercial use; consisting of 281 single-family cottages and nightly rental cabins, a
clubhouse and sales office, boat, RV and mini-storage, and park and open space.
Condition # 5 on Division III Permit # 2003-0049 Decision of Record currently limits the
development to a, “Maximum number of nightly rental cabins shall not exceed 84 units
(30%).” The applicant is now seeking the Planning Commission approval of a Division
III Permit which would modify the original Decision of Record allowing the total number
of nightly rental cabins within Branson Canyon Condominiums to be increased from 84
units (30%) to a total of up to 281 units (100%).

The current application was approved for Concept on April 15, 2013.

GENERAL DESCRIPTION:

The approximately eighty-seven (87) acre subject property (per the Assessor’s
information) contains a total of 37 existing, platted condominium units and a clubhouse
& sales office building. The applicant has indicated that the majority of the existing
condom inium units are curre ntly being utilized fo r nightly rental.

D ivision III P erm it Staff R ep o rt - Branson Canyon C on dom in iu m s-N igh tly Rental A m en d m en t - 2 0 1 3 -0 0 0 5
P a ge 1
REVIEW:

The Taney County Development Guidance Code defines nightly rental as “A residential
building, structure or part thereof that may be rented for any period of time less than thirty
(30) calendar days, counting portions of days as full days. The term - Nightly Rental
shall not include hotel, motel or bed and breakfast establishments.”

Per the provisions of Appendix E, Section 4.7 (Nightly Rental), “The nightly rental of all
residential structures shall require the issuance of a Special-Use Permit.” Please note
however, that this requirement refers to re s id e n tia l structures. Structures constructed
within a development held in a condominium style of ownership have historically been
viewed by the Planning Department as being commercial structures requiring the
issuance of a Division II (Commercial Construction) Permit. In fact, all of the existing
condominium structures within the Branson Canyon Condominium development have
been issued Division II Permits. The applicant, via the current Division III Permit
application, is seeking to modify a condition within the original Division III Permit
Decision of Record relating to the number of Nightly Rental units that will be allowed
within the Branson Canyon Condominiums development. Therefore, the Staff is
recommending that the issuance of a Special-Use Permit not be required for each new
nightly rental dwelling unit, so long as a valid Division II (Commercial Construction)
Permit and Certificate of Compliance are issued for each these units, establishing
compliance with both the provisions of the Taney County Development Guidance Code
and the Conditions of the Decision of Record. However, the Staff is further
recommending that the owners of all nightly rental dwelling units within the development
comply with all of the provisions of the Taney County Development Guidance Code,
including all other Nightly Rental provisions.

The Branson Canyon Condominium development is served with both water and sewer
service via the Emerald Pointe Utility Company. The sewage is ultimately treated via
the Hollister municipal wastewater treatment plant.

The development is served by private roads which access State Highway P. The
original Decision of Record requires covenants and restrictions, which provide for the
continued maintenance of the streets, stormwater drainage, common area and open
space. All existing streets within the development have been platted as common space
and are owned and maintained by the Branson Canyon Owners Association.

The project received a total score of 10 on the Policy Checklist, out of a maximum
possible score of 33. The relative policies receiving a negative score consist of
emergency water supply, solid waste disposal service and use compatibility.

D ivision III P erm it Staff R ep o rt - Branson Canyon C ondom inium s-N ightly Rental A m en d m en t - 2 0 1 3 -0 0 0 5
Page 2
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. A Special-Use Permit shall not be required for each new nightly rental dwelling
unit, so long as a valid Division II (Commercial Construction) Permit and
Certificate of Compliance are issued for each these units, establishing
compliance with both the provisions of the Taney County Development Guidance
Code and the Conditions of the Decision of Record. However, the owners of all
nightly rental dwelling units shall comply with all other provisions of the Taney
County Development Guidance Code, including all other Nightly Rental
provisions.

3. Compliance letters from the Western Taney County Fire Protection District, the
Taney County Assessor’s Office, the Taney County Collector’s Office and
Missouri Department of Revenue; including all other entities which have
requirements governing a development of this nature shall be provided to the
Planning Department office (Chapter VI-VII).

4. The maximum occupancy for each Nightly Rental unit shall be two (2) persons
per dwelling unit, plus two (2) persons per bedroom (e.g., a two (2) bedroom
dwelling unit is permitted a maximum occupancy of six (6) persons). The
maximum occupancy may be further limited by the Western Taney County Fire
Protection District.

5. One (1) off-street parking space shall be provided for each two (2) persons of
occupancy in each Nightly Rental unit. All Nightly Rentals shall provide clearly
marked and appropriately situated parking spaces for the handicapped, one (1)
such space in each parking area.

6. The management company or a waste collection provider shall provide weekly
solid waste collection during all months that each of the Nightly Rental units is
available for rent.

7. Outdoor lighting shall be downward lit, subdued and have minimal off-site
impacts to adjoining properties.

8. All Nightly Rentals units shall contain a minimum of one operable fire
extinguisher, operable smoke alarms and operable carbon monoxide alarms in
compliance with the Western Taney County Fire Protection District regulations.

9. A copy of a valid Western Taney County Fire Protection District Construction
Permit and Certificate of Occupancy (C of O) shall be submitted to the Planning
Department Office for all new Nightly Rental units, prior to the issuance of each
Division II Permit Certificate of Conformance (C of C).

D ivision III P erm it Staff R ep o rt - Branson Canyon C ondom inium s-N ightly Rental A m en d m en t - 2 0 1 3 -0 0 0 5
Page 3
 10. An on-site manager shall be designated and located within the existing Branson
Canyon Condominium Clubhouse / Sales building.

11 .A name plate shall be posted within five (5) feet of the main entrance of each
Nightly Rental dwelling unit, both on the inside and on the outside of the dwelling
unit, containing the following information:
(a) The Division II Permit number.
(b) The name and telephone number of the on-site Branson Canyon
Condominium manager.
(c) The name and address of the owner of the Nightly Rental dwelling u n it.
(d) The contact information for the Planning Department and the Taney County
Sheriff’s Department.
(e) The maximum occupancy permitted.
(f) The name and telephone number of all local emergency personnel (police,
Fire and medical personnel).
(g) The number of off-street parking spaces provided on the property, and the
maximum number of vehicles allowed to be parked on the property.
(h) The solid waste disposal collection day if provided by a solid waste company.

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

13. This decision is subject to all existing easements.

14. This Decision of Record shall be filed with the Taney County Recorder of Deeds
Office within 120 days or the approval shall expire (Chapter II Item 6).

Division III P erm it S taff R e p o rt - Branson Canyon C ondom iniu m s-N ightly Rental A m en d m en t - 2 0 1 3 -0 0 0 5
Page 4
Branson Canyon Condos - Nightly Rental Amend. Permit#: 13-05

Section Score
Performance

Importance
D ivision II! Relative P olicy S corin g Sheet:

Factor
W estern Taney C ounty

Score
Value
W ater Q uality
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
E nvironm ental P olicies
SOIL LIMITATIONS n/a= X

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

NOTE: if residential, mark "x" in box......
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= X

cannot cause impact 0
could impact but appropriate abatement installed -1 2
could impact, no abatement or unknown impact -2
Land Use C o m p a tib ility
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 / isolated property 0
transparent change / change not readily noticeable -1 4 -1 -4
impact readily apparent / out of place -2

Page 1 o f 5
Branson Canyon Condos - Nightly Rental Amend. Permit#: 13-05

Section Score
Performance

Importance
D ivisio n III Relative P olicy S coring Sheet:

Factor
W e ste rn Taney C ounty

Score
Value
LOT COVERAGE n/a= 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 n/a= X

bulk / scale less than or equivalent to surrounding areas 0
bulk / scale differs from surrounding areas but not obtrusive -1 3
bulk / scale significantly different from surrounding areas / obtrusive -2

BUILDING MATERIALS n/a= 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 n/a= 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 / not blocked from view -2

STRUCTURAL SCREENING OF SOLID WASTE CONTAINERS n/a= X

no on-site waste containers 2

blocked from view by structure design 1

blocked from view using screening 0 3
partially blocked from view -1

exposed / not blocked from view -2
STRUCTURAL SCREENING OF OUTDOOR EQUIP, STORAGE, ETC. n/a= 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 / not blocked from view -2

LANDSCAPED BUFFERS - RESIDENTIAL n/a= X

approved landscaped buffer between homes and all streets / roads / highways 2

approved landscaped buffer from major roads / 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
Branson Canyon Condos - Nightly Rental Amend. Permit#: 13-05

Section Score
Performance

Importance
D ivision III Relative Policy S corin g Sheet:

Factor
W estern Taney C ounty

Score
Value
LANDSCAPED BUFFERS - INDUSTRIAL n/a= 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 E co nom ic D evelopm ent
RIGHT TO FARM n/a= X

does not limit existing agricultural uses / 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 n/a= 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 n/a= X

creates >=5full-time, year-round jobs outside of recreation / resort sector 2
creates full-time, year-round and seasonal jobs 1 5
creates seasonal jobs only 0
Site Planning, Design, O ccupancy
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 0 0
privacy provided by open space -1

no acceptable or effective privacy buffering -2
MIXED-USE DEVELOPMENTS n/a= X

uses / functions are compatible or not applicable 2
uses / functions are integrated and separated based on compatibility 1

uses / functions differ minimally and are not readily apparent 0 3
uses / functions poorly integrated or separated -1

uses / functions mixed without regard to compatiblity factors -2
Commercial Development
DEVELOPMENT PATTERNS n/a= X

clustered development / 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 o f 5
Branson Canyon Condos - Nightly Rental Amend. Permit#: 13-05

Section Score
Performance

Importance
D ivisio n il! Relative P oiicy S corin g Sheet;

Factor
W estern Taney C ounty

Score
Value
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 - C apacity and A ccess
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 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 5
structure size and/or access could be problematic or non-serviceable -2
RIGHT-OF-WAY OF EXISTING ROADS n/a=
greater than 50 ft. right-of-way 1
50 ft. right-of-way 0
40 ft. right-of-way -1
less than 40 ft. right-of-way -2
Internal Im provem ents
WATER SYSTEM SERVICE 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 -1 0
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 / 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

Page 4 o f 5
miMnnrrr iiiiiiii iiii iimiiiii ■i i i n
Branson Canyon Condos - Nightly Rental Amend. Permit#: 13-05

Section Score
Performance

Importance
D ivision II! Relative P olicy S corin g Sheet:

Factor
W estern Taney C o u n ty

Score
Value
PEDESTRIAN SAFETY n/a= 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 / protection 0

BICYCLE CIRCULATION n/a= X

dedicated / separate bike-ways with signage, bike racks, trails 2
bicycle lanes shared with pedestrian walkways but separated by markings / signs 1 1
no designated bike-ways 0

UNDERGROUND UTILITIES n/a=
all utilities are provided underground up to each building / structure 2
all utilities traverse development underground but may be above ground from easement 1
utilities above ground but / over designated easements 0 4 2 8
utilities above ground and not within specific easements -1
no specific management of utilities -2
Qpem-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 >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 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 / no pick-up service provided -2
Total Weighted Score= 10
Maximum Possible Score= 33
Actual Score as Percent o f Maximum= 30.3%
Number o f Negative Scores= 3
Negative Scores as % o f All Applicable Scores= 30.0%

Scoring Performed by: Date:

B o b A tc h le y / B o n ita K is s e e April 25, 2013

Page 5 of 5
Project: Branson Canyon Condos - Nightly Rental Amend.
Permit#: 13-05
Policies Receiving a Negative Score
Importance emergency water supply waste disposal service
Factor 5:
Importance use compatibility
Factor 4:
Importance none
Factor 3:
Importance none
Factor 2:
Importance none
Factor 1:
Scoring by: Bob A tc h le y / Bonita Kissee
Date: A p ril 25, 2013
Project: Branson Canyon Condos - Nightly Rental ARermst: 13-05
As
Max. Possible % Total Negative Scores
Scored
|Scoring 33 10 30.3% 3 30.0%

Max. As Negative Scores
Possible Scored Number o f Percent
Im portance Factor 5 2 40.0%
sewage disposal 10 10
off-site nuisances 0 0
diversification
em ergency services
right-of-way/roads 5 5

e m e rg e n cy w a te r s u p p ly 0 -10
w a s te d is p o s a l s e rv ic e 0 -5

waste disposal com m itm ent

Im portance Factor 4 8 4 1 50.0%
slopes

use c o m p a tib ility 0 -4

pedestrian circulation
underground utilities 8 8

Im portance Factor 3 6 6
soil limitations
building bulk/scale
waste containers screening
outdoor equip storage
industrial buffer / screening
right to farm
right to operate
mixed-use developm ents
developm ent patterns
developm ent buffering
water system service 6 6

Im portance Factor 2
wildlife habitat and fisheries
air quality
building materials
residential b u ffe r/s c re e n in g
residential privacy 4 0
traffic 0 0
pedestrian safety
usable open space

Im portance Factor 1
lot coverage
rooftop vents / equipm ent
b ic y c le circu la tio n

Scoring by: Bob Atchley / Bonita Kissee
Date: April 25, 2013
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On November 17,2Q03 the Taney County Planning Qjmmissien (grantor) apprwed a request by Bill Yung
(grantee) to develop a mixed-uss development for residential and eommerdai use. In asmlanca with this
approval, 3 Division HI Permit #03-49 is Issued far the property located at She attached legal description.

The Mowing Decision of Record cfetafls this approval and lists ail appiteabla conditions:

Conway Bank is aiittanized to develop 87 acres Into a mixad-use development consisting of 281 singte-
famSy cottages and nsghSy rental caHn^. clubhouse asid sales office, boat, RV and mini storage, p^rk and
open space. With five out of nine Harming Commissioners present, the vote to approve was three in favor,
one against, and Oft® abstention. The fallowing requirements snaii 6e complied with:

1. Compliance with tile Taney Ooynty Development Guidance Code (Divisions I, n , and HI), that
includes plans for the following:

a. Sediment and erosion control
b. Stormwater management
c. Land grading permfc
d. DeSfsestion of the 100 year floadplain
e. UtJUty easements and building line setbacks
f. Improvements with scate of Greets, parting, utility and structures
a. Foliage screening or fenang for commenaa! tote that adjoins residential tracts

2. Compliance liters from the Fife, Sewer, and Water Districts, DMR, MoDot

3- Covenants and restrictions, which provide for the continued maintenance of Si® streets,
stormwater drainage, common area end open space.

4. The Detiaajs of Record shall be filed with the Taney County Recorder's Office within 120 days.

5. Maximum number of nightly renal cabins shall not exceed 84 units (30%).

6. Access easement for parcel that is landlocked.

Legal Description attached

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Division III Permit 2013-0005
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Branson Canyon
A p p ''c a n t :
Lp r o p o s e d
 TANEY COUNTY
TANEY PLANNING COMMISSION

COUNTY DIVISION lie SPECIAL-USE PERMIT
STAFF REPORT

HEARING DATE: May 13, 2013

CASE NUMBER: 2013-0007

PROJECT: Apex Practical Firearms (Home Occupation)

APPLICANT: Lowell Miller

LOCATION: The subject property is located at 2750 Victor Church
Road, Branson, MO; Branson Township; Section 6,
Township 23, Range 21.

REQUEST: The applicant, Lowell Miller is requesting the approval
of a Division III Special-Use Permit in order to operate
a firearms assembly and sales business within his
existing single-family residence, as a home
occupation.

BACKGROUND and SITE HISTORY:

The applicant, Lowell Miller is seeking the Planning Commission approval of a Division
III Special-Use Permit for the assembly and sale of firearms at his single-family
residence, as a home occupation.

The applicant will be required to obtain a Federal Firearms License (FFL) via the U.S.
Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The applicant has indicated that the ATF is requiring local Planning Commission
approval of the Division III Special-Use Permit prior to obtaining the FFL. In the past, as
a part of this licensing process the Springfield Office of the ATF has contacted the
Planning Department Office in order to ensure that the applicant was in full compliance
with local zoning regulations, prior to the issuance of an FFL. The applicant is applying
for a Type 7 - Federal Firearms License (FFL) which is issued for the manufacturing of
both Title 1 and Title 2 firearms and ammunition, so long as he obtains a Class 3 Tax
Stamp. This license would allow for the applicant to act as a dealer of firearms and
ammunition. However, a Type 7 - FFL does not allow for the manufacturing or dealing
in destructive devices, ammunition for destructive devices or armor piercing
ammunition. The ATF licensing procedure requires an authorizing signature by a Chief
Law Enforcement Officer (CLEO), which in this instance would by the Sheriff.
The current application was approved for Concept on April 15, 2013.

D ivision III (S pecial-U se) P erm it Staff R ep o rt - A p ex Practical Firearm s - 2012-0007 Page 1
GENERAL DESCRIPTION:

The approximately 3.03 acre subject property (per the Assessor’s information) contains
an approximately 2,392 square foot single-family residence located at 2750 Victor
Church Road, Branson, MO, a meets and bounds described parcel of property.

REVIEW:

The applicant is seeking the approval of a Division III Special-Use Permit in order to
operate a firearms assembly and sales business within his existing single-family
residence, as a home occupation. The applicant has indicted that this home occupation
involves no outside employees. The exterior appearance of the single-family home will
remain the same. Per the provisions of the Home Occupation requirements of the
Development Guidance Code, the applicant will be limited to a sign no larger than a two
foot by four foot (2’ X 4’) unlighted nameplate. The applicant has indicated that the vast
majority of his business will be obtained via word of mouth.

The applicant has further indicated that the firearms assembly and sales business will
be in compliance with the home occupation provisions of the Development Guidance
Code that require, “The total area used for the home occupation shall not exceed one-
third (1/3) the floor area of the living area Of the dwelling (excluding garage and storage
areas) whether the home occupation is in the principal dwelling or an accessory
building.” The applicant has stated that most of the assembly process will take place in
the garage of the existing residence.

The applicant has indicated that no test-firing of any firearms will be conducted on the
property in question.

During the Concept Hearing the applicant indicated that this home occupation will be
geared primarily toward the assembly (from components) and sales of moderate to high
end firearms products, with the primary focus at this time being on the assembly and
sales of AR-15 Rifles (lightweight semi-automatic rifle) and 1911 Pattern Pistols (semi­
automatic pistol). The applicant further indicated that traffic will be limited to occasional
client / customer traffic and deliveries of materials, based primarily on his focus on
moderate and high end products.

The applicant has further stated that there will be no outside storage of materials related
to the home occupation.

This is a home occupation application which falls under the provisions of a Division III
Special-Use Permit. Per the provisions of the Development Guidance Code, a Special-
Use Permit is specific to the applicant to whom the permit is issued and cannot be
transferred without Planning Commission approval. Per the provisions of the
Development Guidance Code the Special-Use Permit can not be used to establish
commercial compatibility for or with any future land-use change applications.

The project received a total score of -23 on the Policy Checklist, out of a maximum
possible score of 37. The relative policies receiving a negative score consist of
em ergency w a te r supply, solid w aste disposal service, off-site nuisances and utilities.

D ivision III (S pecial-U se) P erm it Staff R ep o rt - A p ex Practical Firearm s - 2012-0007 Page 2
 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 applicant shall provide a copy of the ATF Federal Firearms License (FFL) to
the Planning Department office prior to commencing business operation. The
applicant shall also provide an ATF receipt of payment of the Special
Occupational Tax (SOT) to the Planning Department Office on an annual basis.

3. Signage for the Apex Practical Firearms business shall be limited to a sign no
larger than a two foot by four foot (2’ X 4’) unlighted nameplate.

4. Absolutely no test-firing of firearms shall be conducted by the applicant and/or his
clientele on the property in question, located at 2750 Victor Church Road,
Branson, MO.

5. The Apex Practical Firearms application shall be viewed as a Special-Use
Permit. Therefore the permit is specific to the applicant to whom the permit is
issued and cannot be transferred without Planning Commission approval. The
Special-Use Permit shall not be used to establish commercial compatibility for or
with any future land-use change applications.

6. All on-site sales shall occur between the hours of 9:00 AM and 8:00PM.

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

8. This decision is subject to all existing easements.

9. This Decision of Record shall be filed with the Taney CountyRecorder of Deeds
Office within 120 days or the approval shall expire (Chapter II Item 6).

D ivision III [S pecial-U se) P erm it Staff R eport - A p e x Practical Firearm s - 2012-0007 Page 3
 APEX Practical Firearms

fiissio o Statement

The primary mission of APEX Practical Firearms will be to provide high-

quality firearms, ammunition and accessories to a somewhat focused clientele.

The products to be carried by APEX will be well-suited to the purposes of home

and personal defense, duty, concealed carry, hunting, competition, training.and

practice.

The secondary mission of APEX will be to establish and maintain a

positive rapport with the surrounding community, and to attempt to improve

the image of firearms enthusiasts among the general public.

Concerns to be Addressed

The greatest concerns surrounding a business of this sort will most likely

be those relating to safety, noise and traffic. A brief description of the plans for

the use of this property and the business activities should go far towards allevi­

ating those concerns.

Neighbors can rest assured that no test-firing of any firearms will be con­

ducted on this property. Access to another property far removed from the neigh­

borhood has already been secured, and all live fire will take place on those

premises. I do not wish to jeapordize the safety o f my neighbors, and there

simply is not enough clear space around this property to safely discharge

firearm s w ith o u t a g re a t d ea l o f c o n struction first.
 As for noise, the manufacturing process will be no louder than most

outdoor home maintenance activities. In fact, many recreational crafts and

hobbies are likely to create more noise than assembling a firearm. The fact that

most of the process will take place in the garage should help to keep noise to

a minimum.

Finally, vehicle and customer traffic will be viewed as indicators of growth.

The hope is that they reach a point at which I don't want that many people 1don't

know coming to my private residence. A t that point, it will be time to look for a

storefront or separate building to house the business. The plan is to move the

business away from the residence before the additional traffic becomes a nui­

sance to the neighbors.
5/6/13 Missouri Secretary of State

Missouri Secretary of State, Jason Kartder
SOS Home :: Business Services :: Business Entity Search

Search Filed Documents
®By Business Name (Click above to view filed
Date: 5/6/2013
°B y Charter Number documents that are
°B y Registered Agent available.)
°F or New Corporations
Business Name History
Verity
'■-Verify Certification
Registration Report Name Name Type
°F ile Online APEX Practical Firearms Legal
File Fictitious Name
Registration
°File Online
Fictitious Registration - Domestic - Information
® Renew Online Charter Number: X01286676
File LLC Registration Status: Fictitious Active
°F ile Online
Online Orders Entity Creation Date: 1/28/2013
°Register for Online State of Business.: MO
Orders Expiration Date: 1/28/2018
°Order Good Standing
°Order Certified Documents
Owners
Name: Lowell C Miller
Address: 2750 Victor Church Rd.
Branson MO 65616

Name: Sherry L Miller
Address: 2750 Victor Church Rd.
Branson MO 65616

Commissions Corporations UCC Office
Phone: (573) 751-2783 Phone: (573) 7514153 Phone: (573) 751-4628
Toll Free: (866) 223-6535 Toll Free: (866) 223-6535 Toll Free: (866) 223-6535
600 West Main Street
Jefferson City, MO 65101
Main Office: (573) 751-4936

https ://vAwv.sos.mo.goWBusinessEntity/soskb/Corp.asp?3440155 1/1
Apex Practical Firearms Perm it#: 1 3-07

Section Score
Performance

Importance
D ivisio n 111 Relative P olicy S corin g Sheet:

Factor

Score
Eastern Taney C ounty

Value
W ater Q uality
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
E nvironm ental P olicies
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= X

cannot cause impact 0

could impact but appropriate abatement installed -1 4
could impact, no abatement or unknown impact -2
C ritica l 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 C o m p a tib ility
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 / isolated property 0
transparent change / change not readily noticeable -1 4 0 0
impact readily apparent / out of place -2

Page 1 of 5
Apex Practical Firearms Permit#: 13-07

Section Score
Performance

Importance
D ivisio n 11! Relative P olicy S co rin g Sheet:

Factor
Eastern Taney C ounty

Score
Value
STRUCTURAL SCREENING OF ROOFTOP EQUIPMENT & VENTS n/a= x
no rooftop equipment / vents or blocked from view by structure design or screening 0

partially blocked from view -1 3
exposed / not blocked from view -2

STRUCTURAL SCREENING OF SOLID WASTE CONTAINERS n/a= X

no on-site waste containers or blocked from view by structure design or screening 0

partially blocked from view -1 3
exposed / not blocked from view -2

STRUCTURAL SCREENING OF OUTDOOR EQUIP, STORAGE, ETC. n/a= 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 / not blocked from view -2

LANDSCAPED BUFFERS - RESIDENTIAL n/a= X

approved landscaped buffer between homes and all streets / roads / highways 2

approved landscaped buffer from major roads / 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

LANDSCAPED BUFFERS - INDUSTRIAL n/a= 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 E conom ic D evelopm ent
AGRICULTURAL LANDS n/a= X

no conversion of Class l-IV agricultural land to other use(s) 0
I
development requires reclassification of Class l-IV agricultural land to other use(s) -2

RIGHT TO FARM n/a= X

does not limit existing agricultural uses / 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 n/a= 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
Apex Practical Firearms Permit#: 13-07

Section Score
Performance

Importance
D ivisio n 111 Relative P olicy S co rin g Sheet:

Factor

Score
Eastern Taney C ounty

Value
DIVERSIFICATION n/a= x
creates >=5 full-time, year-round jobs outside of recreation / resort sector 2

creates full-time, year-round and seasonal jobs 1 4

creates seasonal jobs only 0

Site Plannimq, Desiqn, O ccupancy
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 / functions are compatible or not applicable 2

uses / functions are integrated and separated based on compatibility 1
uses / functions differ minimally and are not readily apparent 0 3
uses / functions poorly integrated or separated -1
uses / functions mixed without regard to compatiblity factors -2

C om m ercial D evelopm ent
DEVELOPMENT PATTERN / 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 4
no landscaped buffering, but utilizes expanse of land -1
no or inadequate buffering or separation by land -2

Services - C apacity and A ccess
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 0 0
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 o f 5
Apex Practical Firearms Permit#: 13-07

Section Score
Performance

Importance
D ivisio n III R elative P olicy S co rin g Sheet:

Factor
Eastern Taney C ounty

Score
Value
RIGHT-OF-WAY OF EXISTING ROADS n/a=
greater than 50 ft. right-of-way 1
50 ft. right-of-way 0
0 n
40 ft. right-of-way -1
less than 40 ft. right-of-way -2
Internal Im provem ents
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 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 n/a= X

paved and dedicated walkways (no bicycles) provided throughout development 2
paved walkways provided throughout development / 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 n/a= 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 / protection 0
BICYCLE CIRCULATION n/a= X

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

Page 4 o f 5
Apex Practical Firearms Permit#: 13-07

Section Score
Performance

Importance
D ivision 111 Relative P olicy S c o rin g Sheet:

Factor
Eastern Taney C ounty

Score
Value
Opem-Space D ensity
USABLE OPEN SPACE n/a= 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 W aste D isposal
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 / no pick-up service provided -2
Total W eighted Score= -23
Maximum Possible Score= 37
Actual Score as Percent o f M aximum= -62.2%
Number o f Negative Scores= 4
Negative Scores as % o f Total Score= 11.4%

Scoring Performed by: Date:

Bob Atchley / Bonita Kissee April 25, 2013

Page 5 o f 5
Project: Apex Practical Firearms
Permit#: 13-07
Policies Receiving a Negative Score
Importance emergency water supply waste disposal service
Factor 5:
Importance off-site nuisances utilities
Factor 4:
Importance none
Factor 3:
Importance none
Factor 2:
Importance none
Factor 1:
Scoring by: Bob A tchley/B onita Kissee
Date: April 25, 2013
Eastern District Relative Policies: Division III Permit

Project: Apex Practical Firearms Permit: 13-07
Max. As
% Total Negative Scores
Possible Scored
|Scoring 37 -23 -62.2% 4 40.0%

Max. As Negative Scores
Possible Scored Number of Percent
Importance Factor 5 5 -15 2 66.7%
sewage disposal
right-of-way / roads 5 0
em ergency water supply 0 -10
waste disposal service 0 -5
waste disposal com m itm ent

Im portance Factor 4 16 -8 2 50.0%
storm water drainage
air quality
off-site nuisances 8 -4
use compatibility 0 0
diversification
developm ent buffering
utilities 0 -4
pedestrian circulation

underground utilities 8 0

Im portance Factor 3
preservation o f critical areas
screening o f rooftop equip
screening / waste containers
screening o f outdoor equip
industrial landscape buffers
right to farm
mixed-use developm ents
em ergency services 0 0
w ater systems 6 0

Im portance Factor 2
residential landscape buffers
right to operate
residential privacy
traffic 0 0
pedestrian safety
usable open space

Im portance Factor 1
agricultural lands

bicycle circulation

S c o rin g by: B ob A tc h le y / B on ita K isse e
Date: April 25, 2013
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Apex Practical Firearms
Division III Permit 2013-0007
Taney County GIS - Beacon
Apex Practical Firearms
 T h e T a n tr? C o u n t y
P la n n in g C o m m i s s i o n

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t im e V ' : o r t
 TANEY COUNTY
TANEY PLANNING COMMISSION
COUNTY DIVISION III PERMIT
STAFF REPORT
HEARING DATE: May 13, 2013

CASE NUMBER: 2013-0008

PROJECT: Sycamore Creek Family Ranch

APPLICANT: Thomas Crain

REPRESENTATIVES: Michael & Lisa Button

LOCATION: The subject property is located at 8800 Block of U.S.
Highway 160, Walnut Shade, MO, Jasper Township;
Section 3 Township 23, Range 21.

REQUEST: The representatives, Michael & Lisa Button are
requesting approval of a Division III Permit authorizing
the development of the Sycamore Creek Family
Ranch, an agritourism and ministry based
development proposal, which includes an extensive
list of proposed uses as described in the General
Description.

BACKGROUND and SITE HISTORY:

The representatives have indicated that the Sycamore Creek Family Ranch will be
located upon two (2) adjoining parcels of land. The first parcel of land (08-2.0-03-000­
000-003.000) is an approximately 174 acre (per the Assessor’s information) agricultural
parcel of land located in the 8800 Block of U.S. Highway 160, Walnut Shade, MO. The
second parcel of property (05-8.0-34-000-000-024.000) is an approximately 5.29 acre
agricultural property (per the Assessor’s information). However, the representatives are
in the process of purchasing a total of approximately 113 acres from the applicant as
indicated upon the submitted master plan.

D ivision III Staff R ep o rt - Sycam ore Creek Fam ily Ranch - 2013-0008 Page 1
GENERAL DESCRIPTION:

The proposed Sycamore Creek Family Ranch will be located on a total of approximately
113 acres. This proposed phased development proposal will combine components of
agritourism and ministry. The applicants have indicated that the focal point of the
proposed Family Ranch will be a large, nicely finished barn that will potentially include a
large gathering room, prayer room, conference rooms, small movie theater for family
friendly movies, food / clothing pantry, general store, a coffee shop and a loft area
where local musician would perform in an intimate setting. The applicants have further
stated that they will possibly conduct a church service in the gathering room on
Saturday evenings preceding a barn dance. The applicant has stated that this
proposed project may potentially include the following uses:

© Movies on the outside of the barn (weather permitting)
® Old-fashioned games and outdoor activities for families
® Tree house
« Hayrides
• Fire pits
• Weddings
® Fruit production (such as a small apple orchard, blueberries or tomatoes)
® Pumpkin Patch
® Corn Maze
© Christmas tree lot
® Fishing
« Kayaking
® Picnic areas
® Amphitheater
« Camping
® Lodging in Yurts and / or Conestoga Wagons
® Retreats / Conferences / Concerts
® Pony rides / Horseback riding
® Hiking / Devotional trails
• School Field trips
® Farmer’s market
® Petting Zoo
® Chicken coup
® Peddle karts
» Restaurant
® Chapel
® Zipline
® Water spray zones
® Concessions

D ivision III Staff R ep o rt - Sycam ore Creek Fam ily Ranch - 2013-0008 P age 2
REVIEW:

The representatives have indicated that the Sycamore Creek Family Ranch will be
developed in phases over a number of years, with the submitted Master Plan indicating
the development upon completion.

Since mixed uses are proposed, per the provisions of Table J-1 of the Development
Guidance Code, the on-site parking space requirements will be required to be
determined on a proportional basis, based upon the proposed uses. The parking area
will have to be designed based upon these specific uses. However, the representatives
will have adequate property area to ensure adequate parking. The issuance of the
Division II (Commercial Construction) Permit for the barn structure for example will
require the provision of a specific number of parking spaces.

The area in question is not served by sewer so as the representatives develop the
Sycamore Creek Family Ranch, based upon the specific uses established, the
wastewater flows will rapidly exceed 3,000 gallons per day wastewater flow, requiring
the approval of a wastewater treatment system via the Missouri Department of Natural
Resources (MoDNR).

A large portion of the property in question is within the Special Flood Hazard Area
(SFHA) (floodplain) as defined by FEMA. Both the structures and parking area are
proposed to be developed outside of this floodplain area.

The staff is recommending that the representatives provide a copy of a current MoDOT
Access Permit for the proposed new commercial access for the Sycamore Creek Family
Ranch off of U.S. Highway 160.

The adjoining property to the north is agricultural and light residential. The adjoining
property to the south is agricultural and Branson View Estates Mobile Home Park. The
adjoining property to the east is agricultural and light residential. Further to the east lies
the Merrian Woods-Driftwood Subdivision. The adjoining property immediately to the
west is agricultural.

The project received a score of -29 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, use compatibility, underground utilities and traffic.

D ivision III Staff R e p o rt - Sycam ore Creek Fam ily Ranch - 2013-0008 Page 3
STAFF 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 that include plans for the following:

2. Compliance letters from the Fire District, the On-site Wastewater Permitting
Division of the Planning Department, the Missouri Department of Natural
Resources (MoDNR) and the Missouri Department of Transportation (MoDOT)
including all other entities which have requirements governing a development of
this nature.(Chapter VI-VII)

3. The representatives shall either submit a Compliance Letter from the On-site
Wastewater Permitting Division of the Planning Department or shall provide a
copy of a valid Construction permit for a wastewater treatment system via the
MoDNR providing for the applicable wastewater flows.

4. The representatives shall submit a MoDNR Construction Permit for a well(s) to
provide service to the Sycamore Creek Family Ranch.

5. The representatives shall provide a copy of a current MoDOT Access Permit for
the proposed new commercial access for the Sycamore Creek Family Ranch off
of U.S. Highway 160.

6. The representatives shall preserve the existing 25 foot wide vegetative buffer
between the Sycamore Creek Family Ranch and adjoining single-family
residences.

7. The applicant shall provide proof of liability insurance to the Taney County
Planning Department prior to opening day of the operation.

8. All light sources within the facility shall be arranged so that no direct illumination
leaves the site toward adjacent residential areas or any roadways

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

10. This decision is subject to all existing easements.

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

12. 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).

D ivision III Staff R ep o rt - Sycam ore Creek Fam ily Ranch - 2013-0008 Page 4
The Fam ily Ranch w ill strive to p ro vid e resources, encouragem ent, love, and su p p o rt to
fam ilies w h o live in (o r travel to) the Branson area. W e w ill be in ten tion al abou t sp ecifically
m in isterin g to b len d ed fam ilies, single p aren t fam ilies, and fam ilies o f special needs
children - in ad d ition to traditional fam ilies. This w ill be accom plished th rou gh a facility,
lo vin g staff, and s im p le opportu n ities th at help fam ilies re-engage, bond, com m unicate,
grow , and h ave fun to g e th e r in a Christian en viron m en t. Our m ission is to “ create
m em ories and build fam ilies that last."

The focal p oin t w ill be a large, n icely finished barn that w ill p oten tially include a large
gath erin g room , p ra y e r room , con feren ce room s, sm all m o vie th eater fo r fa m ily frie n d ly
m ovies, foo d / clo th in g pantry, general store, a co ffee shop, and a lo ft area w h e re local
musicians w o u ld p erfo rm in an in tim ate setting. W e w ill p ossibly conduct a church service
in the ga th erin g ro o m on Saturday even ings b e fo re our barn dance.

Our big vision would potentially include the following:
M ovies on th e ou tsid e o f the barn in w a rm e r w ea th er
O ld-fashioned gam es and o u td oor activities fo r fam ilies
T re e houses
H ayrides
Fire pits
W ed d in gs
Small ap p le orchard, blueberries, tom atoes
Pum pkin patch
Corn m aze
Christmas tre e lo t
Fishing
Kayaking
Picnic areas
A m p h ith eater
Camping
Lodgin g in Yurts an d/or Conestoga w agon s
R etreats / co n feren ces / concerts
Pony rid es/ h orseb ack ridin g
H ik in g/ devotion al trails
School field trips
Farm er's m arket
P ettin g zoo
Chicken coup
Ped dle karts
Restaurant
Chapel
Zipline
W a ter spray zon es
Concessions

This con cep t is a com bin ation o f agritou rism and m inistry. This p ro p e rty m ay also contain
a sm all num ber o f resid en ces fo r k ey personnel.
Sycamore Creek Family Ranch Permit#: 13-09

Section Score
Performance

Importance
D ivisio n ill Relative P olicy S corin g Sheet:

Factor
Eastern Taney C ounty

Score
Value
W ater Q uality
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
E nvironm ental 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 0 0
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
C ritica l Areas
PRESERVATION OF CRITICAL AREAS n/a=
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 1 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 C o m p a tib ility
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 0 0
buffered and minimally mitigated -1
cannot be mitigated -2
USE COMPATIBILITY n/a=
no conflicts / isolated property 0
transparent change / change not readily noticeable -1 4 -1 -4
impact readily apparent / out of place -2

Page 1 o f 5
 Sycamore Creek Family Ranch Permit#: 13-09

Section Score
Performance

Importance
D ivisio n ill Relative P olicy S corin g Sheet:

Factor
Eastern Taney C ounty

Score
Value
STRUCTURAL SCREENING OF ROOFTOP EQUIPMENT & VENTS n/a= X

no rooftop equipment / vents or blocked from view by structure design or screening 0
partially blocked from view -1 3
exposed / not blocked from view -2

STRUCTURAL SCREENING OF SOLID WASTE CONTAINERS n/a= X

no on-site waste containers or blocked from view by structure design or screening 0
partially blocked from view -1 3
i exposed / not blocked from view -2

STRUCTURAL SCREENING OF OUTDOOR EQUIP, STORAGE, ETC. n/a= 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 / not blocked from view -2

LANDSCAPED BUFFERS - RESIDENTIAL n/a= X

approved landscaped buffer between homes and all streets / roads / highways 2

approved landscaped buffer from major roads / 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

LANDSCAPED BUFFERS - INDUSTRIAL n/a= 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

_oca! Economic Development
AGRICULTURAL LANDS n/a=
no conversion of Class l-IV agricultural land to other use(s) 0
I 0 U j
development requires reclassification of Class l-IV agricultural land to other use(s) -2

RIGHT TO FARM n/a=
does not limit existing agricultural uses / does not cause nuisance, predation 0 |
does not limit existing agricultural uses, but may result in minor nuisance -1 3 0 0
potential impact(s) on existing agricultural land -2

RIGHT TO OPERATE n/a= 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 o f 5
 Sycamore Creek Family Ranch Permit#: 13-09

Section Score
Performance

Importance
D ivision III Relative Policy S corin g Sheet:

Factor
E a s t e r n Taney C ounty

Score
Value
DIVERSIFICATION n/a=
creates >=5full-time, year-round jobs outside of recreation / resort sector 2
creates full-time, year-round and seasonal jobs 1 4 0 0
creates seasonal jobs only 0
Site Piannincj, Desiqn, 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 / functions are compatible or not applicable 2
uses / functions are integrated and separated based on compatibility 1
uses / functions differ minimally and are not readily apparent 0 3
uses / functions poorly integrated or separated -1
uses / functions mixed without regard to compatiblity factors -2
Commercial Development
DEVELOPMENT PATTERN / 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 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 -2 -8
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 o f 5
Sycamore Creek Family Ranch Permit#: 13-09

Section Score
Performance

Importance
D ivisio n 111 Relative P olicy S corin g Sheet:

Factor
Eastern Taney County

Score
Value
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 Im provem ents
WATER SYSTEMS n/a= X

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
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 n/a= X

paved and dedicated walkways (no bicycles) provided throughout development 2

paved walkways provided throughout development / 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 n/a= 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 / protection 0
BICYCLE CIRCULATION n/a= X

dedicated / separate bike-ways with signage, bike racks, trails 2

bicycle lanes shared with pedestrian walkways but separated by markings / signs 1 1
no designated bike-ways 0
UNDERGROUND UTILITIES n/a=
all utilities are provided underground up to each building / structure 2

all utilities traverse development underground but may be above ground from easement 1
utilities above ground but / over designated easements 0 4 -2 -8
utilities above ground and not within specific easements -1
no specific management of utilities -2

Page 4 of 5
Sycamore Creek Family Ranch Permit#: 13-09

Section Score
Performance

Importance
D ivisio n ill Relative P olicy S coring Sheet:

Factor
Eastern Taney C ounty

Score
Value
O pen-Space D ensity
USABLE OPEN SPACE n/a= 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
S olid W aste D isposal
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 / no pick-up service provided -2
Total Weighted Score= -29
Maximum Possible Score= 53
Actual Score as Percent o f Maximum= -54.7%
Number o f Negative Scores= 6
Negative Scores as % o f Totai Score= 17.1%

Scoring Performed by: Date:
Bob Atchley / Bonita Kissee April 25, 2013

Page 5 of 5
Project: Sycamore Creek Family Ranch
Permit#: 13-09
Policies Receiving a Negative Score
Importance emergency water supply waste disposal service
Factor 5:
Importance use compatibility utilities underground utilities
Factor 4:
Importance none
Factor 3:
Importance traffic
Factor 2:
Importance none
Factor 1:
Scoring by: Bob Atchley / Bonita Kissee
Date: April 25, 2013
 Eastern District Relative Policies: Division HE Permit

Project: Sycamore Creek Family Ranch Permit: 13-09
Max. As
% Total Negative Scores
Possible Scored
|Scoring 53 -29 -54.7% 6 40.0%

Max. As Negative Scores
Possible Scored Number of Percent
Im portance Factor 5 5 -10 2 66.7%
sewage disposal
right-of-way / roads 5 5
em ergency water supply 0 -10
waste disposal service 0 -5
waste disposal com m itm ent

Importance Factor 4 32 -20 3 42.9%
storm water drainage 8 0
air quality 0 0

off-site nuisances 8 0
use com patibility 0 -4
diversification 8 0
developm ent buffering
utilities 0 -8
pedestrian circulation
underground utilities 8 -8

Importance Factor 3 6 3
preservation of critical areas 6 3
screening o f rooftop equip
screening / waste containers
screening of outdoor equip
industrial landscape buffers
right to farm 0 0
mixed-use developm ents
em ergency services 0 0
w ater systems

Importance Factor 2 0 -2 1 100.0%
residential landscape buffers
right to operate
residential privacy
traffic 0 -2
pedestrian safety

usable open space

Im portance Factor 1
agricultural lands 0 0
bicycle circulation

Scoring by: Bob Atchley / Bonita Kissee
Date: April 25, 2013
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 TANEY COUNTY
TANEY PLANNING COMMISSION

COUNTY DIVISION III PERMIT
STAFF REPORT
HEARING DATE: May 13, 2013

CASE NUMBER: 2013-0009

PROJECT: Kenny Bear Event Center

APPLICANT: Kenneth Portz

REPRESENTATIVE: Dean Paul

LOCATION: The subject property is located at 3971 State Highway
176, Rockaway Beach, MO, Jasper Township;
Section 11 Township 23, Range 21.

REQUEST: The applicant, Kenneth Portz is requesting approval
of a Division III Permit authorizing the development of
the Kenny Bear Event Center, which is to include the
“Horse Barn Saloon”, motorcycle rallies, outdoor
concerts, on-site tent and RV camping, a farmers
market, community garage sales, special event rental
and nature trail area.

BACKGROUND and SITE HISTORY:

The applicant has indicated that the events held on site originated in 2007, with Mr.
Portz allowing for the property in question to be utilized for overflow camping for the
Rockaway Beach Bikers Against Child Abuse Rally. Since that time the number and
frequency of events has slowly grown.

On February 20, 2013 the Taney County Planning Department received a complaint
regarding the operation of a commercial shooting range at the property located at 3971
State Highway 176, Rockaway Beach, MO. On March 25, 2013 a Stop Work Order was
issued by the Planning Department directing Mr. Portz to immediately cease all shooting
range operations at the property in question until such time that a Division III Permit has
been obtained.

Upon receipt of the Stop Work Order, Mr. Portz immediately submitted the current
Division III Permit Application, seeking Planning Commission approval for the Kenny
Bear Event Center, which is to include the “Horse Barn Saloon”, motorcycle rallies,
outdoor concerts, on-site tent and RV camping, a farmers market, community garage
sales, special event rental and nature trail area. During the Concept Hearing, the
applicant indicated that he is wishing to remove the shooting range use from his
Division III P erm it A pplication. However, the curre nt signage on the property indicates
that the property in question contains a shooting range. The applicant has further

Division III Staff R ep o rt - K enny Bear Event C enter - 2013-0009 Page 1
indicated that should he wish to operate a commercial gun range in the future he will
seek Planning Commission approval for an indoor shooting facility and gun sales.

On April 26, 2013, the applicant obtained a Division I Special Event Permit for the Smelt
(fish) Fry held on Saturday, April 27, 2013. The Smelt Fry was single day event which
was scheduled to run on site from 12:00 PM (noon) to 8:00 PM, with live bands playing
from 8:00 PM to 12:00 AM (midnight). The applicant indicated during the Concept
Hearing that alcohol sales for that event would be catered. Due to weather issues the
Staff is uncertain if that even was held. As a part of this permitting process, the On-Site
Wastewater Permitting Division of the Planning Department specified the number of
porta-johns that would be required to serve this specific event.

GENERAL DESCRIPTION:

The applicant has indicated that the Kenny Bear Event Center will be located upon two
(2) adjoining parcels of land. The first parcel of land (08-1.0-11-001-032-041.008) is
approximately 1.00 acre in size (per the Assessor’s information) containing an existing
single-family residence and barn addressed at 3971 State Highway 176, Rockaway
Beach, MO. The second parcel of property (08-1.0-11-001-032-041.001) is
approximately 3.55 acres (per the Assessor’s information). The applicant also owns an
approximately 12.09 acre parcel of property adjoining the properties in question to the
west. However, the submitted site plan indicates that the proposed use will be
contained within the two parcels containing a total of approximately 4.55 acres (per the
Assessor’s information).

The proposed Kenny Bear Event Center is to be a multi-purpose event center,
consisting of the “Horse Barn Saloon”, motorcycle rallies, outdoor concerts, on-site tent
and RV camping, a farmers market, community garage sales, special event rental. The
existing barn structure will be converted to the “Horse Barn Saloon”. The applicant has
indicated that a future nature trail area will be developed within the adjoining +/- 12.09
acre adjoining parcel of property. The Kenny Bear Event Center website further
indicates that the Center will also offer booking, advertising, promoting and recording
services for local bands. Swap meets are also held in conjunction with a number of the
motorcycle rallies. Vendor space will be available at select events.

During the Concept Hearing, the applicant indicated that a percentage of the profits
would be divided between six not-for-profit charity organizations such as: The National
Law Enforcement Memorial Fund, Freedom of the Road Riders, Bikers Against Child
Abuse, Rolling Thunder AM Vet Riders and others. The applicant has further stated
that Will Fischer distributing has verbally agreed to match these donations as well.

D ivision III Staff R ep o rt - Kenny Bear E vent Center - 2013-0009 Page 2
 REVIEW:

In speaking with Scott Starrett, On-Site Wastewater Permitting, the applicant has
indicated that the Kenny Bear Event Center will involve a twenty (20) space RV
Campground area with water and sewer connections, a sixty (60) tent primitive camping
area served by restrooms and showers and a one hundred (100) seat bar (Horse Bar
Saloon). Utilizing the Missouri Department of Health and Senior Services wastewater
requirements for on-site systems these three proposed uses would produce a potential
of 6,800 gallons per day wastewater flow. Any instance which involves wastewater
flows of 3,000 or more gallons per day requires the approval of a wastewater treatment
system via the Missouri Department of Natural Resources (MoDNR). In speaking with
the personnel from the City of Rockaway Beach, the Staff understands that a municipal
sewer interceptor lies within 100 feet of the applicant’s property line. Should the
applicant connect to Rockaway Beach municipal sewer, the applicant would however be
required to annex into the municipal limits. However, connection could also potentially
be obtained to the sewer interceptor via the Taney County Regional Sewer District,
because the Regional Sewer District has capacity available in the City’s Municipal
Treatment Plant. This decision however, would have to come via the Board of the
Taney County Regional Sewer District. The MoDNR may likely not allow for the
construction of a treatment plant with municipal sewer being located 100 feet from the
property in question.

Both the existing single-family residence and commercial building located at 3889 State
Highway 176 (Formerly the location of the Brown Dog) have utilized a joint lateral field
for each of their respective septic tanks, with an agreement being signed by both
property owners. This lateral field now appears to be located upon the same property
as the mini-storage facility. This system will not accommodate any of the proposed
uses within the Kenny Bear Event Center. The information from Taney County
Regional Sewer District Permit # 1998-0057 has been attached for your review.

Since a number of mixed uses are being proposed, per the provisions of Table J-1 of
the Development Guidance Code, the on-site parking space requirements should be
determined on a proportional basis, based upon the proposed uses. Table J-1 requires,
“ 1 space for every 3 fixed seats and/or 30 square feet of floor area used for assembly,
dancing, recreations, etc.” for the Horse Barn Saloon. The applicant has indicated that
the Saloon will eventually seat 100 people. Therefore 34 parking spaces would be
required simply for the saloon. The applicant has indicated to the Per the provisions of
Table J-1, the outdoor special event / concert area will require, “1 space for every 4
seats and/or 30 square feet of assembly area without fixed seating".

The Kenny Bear Event Center website is currently advertising a total of nine (9) events
for 2013. However, the website also indicates that the area is available for rent for
$150.00 per day. The current parking and wastewater facilities will not accommodate a
very large crowd.

D ivision III S taff R e p o rt - K enny Bear E vent Center - 2013-0009 Page 3
 The staff is recommending that the Planning Commission utilize the Merriam Woods
noise ordinance which would require live bands and other outdoor activities to cease by
10:00 PM, due to the proximity of the property in question to both the City limits of
Rockaway Beach and the Village limits of Merriam Woods.

The staff is further recommending that the applicant provide a copy of a current MoDOT
Access Permit indicating that the existing access off of State Highway 176 may be
utilized as the commercial access point for Kenny Bear Event Center.

The adjoining property to the north is State Highway 176, light residential and the
municipal limits of Merriam Woods. The adjoining property to the south is light
residential. The adjoining property to the east is commercial (mini-storage and thrift
shop). The adjoining property immediately to the west is approximately 12.09 acre
parcel of property owned by the applicant. Further to the west lies the Merrian Woods-
Rockwood Subdivision.

The staff is recommending that either a privacy fence or 25 feet of vegetative buffering
be provided along the western and southern property boundaries between the property
in question and the adjoining residences.

The project received a score of -44 on the Policy Checklist, out of a maximum possible
score of 61. The relative policies receiving a negative score consist of sewage disposal,
emergency water supply, solid waste disposal service, off-site nuisances, use
compatibility, utilities, pedestrian circulation and traffic.

D ivision III S taff R ep o rt - K enny Bear Event Center - 2013-0009 Page 4
 STAFF 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 that include plans for the following:

a. Detailed site plan (via a landscape architect, surveyor or engineering
professional licensed in the State of Missouri) showing the exact location of
the various uses and the number of parking spaces available to serve said
uses.

2. Compliance letters from the Fire District, Sherriff’s Department, the On-site
Wastewater Permitting Division of the Planning Department, the Taney County
Regional Sewer District, the Village of Merriam Woods, the City of Rockaway
Beach, the Missouri Department of Natural Resources (MoDNR) and the Missouri
Department of Transportation (MoDOT) including all other entities which have
requirements governing a development of this nature.(Chapter VI-VII)

3. The applicant shall either submit a Compliance Letter from the City of Rockaway
Beach or the Taney County Regional Sewer District, ensuring connection to
municipal sewer or shall provide a copy of a valid Construction permit for a
wastewater treatment system via the MoDNR.

4. The applicant shall provide a letter from Charles Harwood, W ater Protection
Program of the MoDNR indicating that the soils of said site will support a twenty
(20) space RV campground area.

5. The applicant shall either submit a permit for a new well or shall provide a letter
from the MoDNR indicating the existing well will serve the needs of the Kenny
Bear Event Center.

6. The applicant shall submit a current copy of a liquor license to the Planning
Department Office. No alcoholic beverage shall be sold shich exceed a 12%
alcohol content.

7. All live bands shall cease operation at 10:00 PM in compliance with existing
Merriam Woods ordinances.

8. The applicant shall provide a copy of a current MoDOT Access Permit indicating
that the existing access may be utilized as the commercial access point for Kenny
Bear Event Center.

9. Either a privacy fence or 25 feet of vegetative buffering shall be provided along
the western and southern property boundaries between the property in question
and the adjoining residences.

10. The applicant shall provide proof of liability insurance to the Taney County
Planning Department prior to opening day of the operation.

D ivision III Staff R ep o rt - K enny Bear Event Center - 2013-0009 Page 5
 11. All light sources within the facility shall be arranged so that no direct illumination
leaves the site toward adjacent residential areas or any roadways.

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

13. This decision is subject to all existing easements.

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

15. The applicant shall indemnify and defend the County of Taney, its officers,
employees and designated agents against the payment of any and all costs and
expenses (including attorney’s fees and court costs), resulting from any third party
claims, causes of action, lawsuits and liability, arising out of any approval or
decision on the proposed project.

16. 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).

D ivision III S taff R ep o rt - K en n y Bear E vent Center - 2013-0009 Page 6
 Kenny Bear Event Center Permit#: 13-09

Section Score
Performance

Importance
D iv is io n 111 R elative P o licy S corin g Sheet:

Factor
E astern Taney C ounty

Score
Value
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 -1 -5
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 -2 -8
buffered and minimally mitigated -1
cannot be mitigated -2
USE COMPATIBILITY n/a=
no conflicts / isolated property 0
transparent change / change not readily noticeable -1 4 -2 -8
impact readily apparent / out of place -2

Page 1 o f 5
Kenny Bear Event Center Permit#: 13-09

Section Score
Performance

Importance
D iv is io n 111 R elative P olicy S corin g Sheet:

Factor
E astern Taney C ounty

Score
Value
STRUCTURAL SCREENING OF ROOFTOP EQUIPMENT & VENTS n/a= X

no rooftop equipment / vents or blocked from view by structure design or screening 0
partially blocked from view -1 3
exposed / not blocked from view -2

STRUCTURAL SCREENING OF SOLID WASTE CONTAINERS n/a= X

no on-site waste containers or blocked from view by structure design or screening 0
partially blocked from view -1 3
exposed / not blocked from view -2

STRUCTURAL SCREENING OF OUTDOOR EQUIP, STORAGE, ETC. n/a= 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 / not blocked from view -2

LANDSCAPED BUFFERS - RESIDENTIAL n/a= X

approved landscaped buffer between homes and all streets / roads / highways 2

approved landscaped buffer from major roads / 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

LANDSCAPED BUFFERS - INDUSTRIAL n/a= 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 l-IV agricultural land to other use(s) 0
development requires reclassification of Class l-IV agricultural land to other use(s) -2

RIGHT TO FARM n/a= X

does not limit existing agricultural uses / 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 n/a= 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 o f 5
Kenny Bear Event Center Permit#: 13-09

jsection Score
Performance

Importance
D iv is io n 111 R elative P o licy S co rin g Sheet:

Factor
E astern Taney C ounty

Score
Value
DIVERSIFICATION n/a=
creates >=5 full-time, year-round jobs outside of recreation / resort sector 2

creates full-time, year-round and seasonal jobs 1 4 1 4
creates seasonal jobs only 0
Site Planning, Design, O ccupancy
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 / functions are compatible or not applicable 2

uses / functions are integrated and separated based on compatibility 1
uses / functions differ minimally and are not readily apparent 0 3
uses / functions poorly integrated or separated -1
uses / functions mixed without regard to compatiblity factors -2

C om m ercial D evelopm ent
DEVELOPMENT PATTERN / BUFFERING n/a=
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 - C apacity 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 -2 -4
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 0
structure size and/or access could be problematic or non-serviceable -2

Page 3 of 5
Kenny Bear Event Center Permit#: 13-09

Section Score
Performance

Importance
D iv is io n 111 R elative P olicy S corin g Sheet:

Factor
E astern Taney C ounty

Score
Value
RIGHT-OF-WAY OF EXISTING ROADS n/a=
greater than 50 ft. right-of-way 1
50 ft. right-of-way 0 c; 0 n
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 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 n/a=
paved and dedicated walkways (no bicycles) provided throughout development 2
paved walkways provided throughout development / maybe shared with bicycles 1
designated walkways provided but unpaved 0 4 -1 -4
no pedestrian walkways, but green space provided for pedestrian use -1
no designated pedestrian walkway areas -2
PEDESTRIAN SAFETY n/a= 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 / protection 0
BICYCLE CIRCULATION n/a= X

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

Page 4 o f 5
Kenny Bear Event Center Permit#: 13-09

Section Score
Performance

Importance
D iv is io n ill R elative P o licy S corin g Sheet:

Factor
E astern Taney C ounty

Score
Value
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 >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 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 / no pick-up service provided -2
Total Weighted Score= -44
Maximum Possible Score= 61
Actual Score as Percent o f fWaximum= -72.1%
Number o f Negative Scores= 8
Negative Scores as % o f Total Score= 22.9%

Scoring Performed by: Date:

Bob Atchley / Bonita Kissee April 25, 2013

Page 5 o f 5
Project: Kenny Bear Event Center
Permit#: 13-09
Policies Receiving a Negative Score
Importance sewage disposal emergency water supply waste disposal service
Factor 5:
Importance off-site nuisances use compatibility utilities pedestrian circulation
Factor 4:
Importance none
Factor 3:
Importance traffic
Factor 2:
Importance none
Factor 1:
Scoring by: Bob Atchley / Bonita Kissee
Date: April 25, 2013
 Eastern District Relative Policies: Division HE Permit

Project: Kenny Bear Event Center Permit: 13-09
Max. As
% Total Negative Scores
Possible Scored
[Scoring 61 -44 -72.1% 8 57.1%

Max. As Negative Scores
Possible Scored Number o f Percent
Im portance Factor 5 15 -20 3 75.0%
s e w a g e d is p o s a l 10 -5

right-of-w ay / ro a d s 5 0

e m e rg e n c y w a te r s u p p ly 0 -10

w a s te d is p o s a l s e rv ic e 0 -5

w a s te d is p o s a l c o m m itm e n t

Im portance Factor 4 40 -20 4 50.0%
sto rm w a te r d ra in a g e

air q ua lity 0 0

o ff-site n u is a n c e s 8 -8

u s e co m p a tib ility 0 -8

d iv e rsific a tio n 8 4

d e v e lo p m e n t buffering 8 0

utilities 0 -4

p e d e s tria n circu la tio n 8 -4

u n d erg ro u n d utilities 8 0

Im portance Factor 3
p re s e rv a tio n o f c ritic a l a re a s

s c re e n in g o f rooftop e q u ip

sc re e n in g / w a s te c o n ta in e rs

s c re e n in g o f o u td o o r eq u ip

in d u strial la n d s c a p e b uffers

right to farm

m ix e d -u s e d e v e lo p m e n ts

e m e rg e n c y s e rv ic e s

w a te r s y s te m s 6 0

Im portance Factor 2 0 -4 1 100.0%
re sid e n tia l la n d s c a p e b uffers

right to o p e rate

re sid e n tia l p riv acy

traffic 0 -4

p e d e s tria n s a fe ty

u s a b le o p e n s p a c e

Im portance Factor 1
ag ricu ltu ral la n d s

b ic y c le circu la tio n

S c o rin g by: B o b A tc h le y / Bonita K isse e
Date: April 25, 2013
Public Hearing Notice

Questions

I. Will a building be used to house the events or will these be open
air events?
2,. Construction of a paved or graveled parking Sot?
3. Construction of an entrance and exit to the event grounds?
4. Will there be food sold on the property and if so, will the area
meet Health Department codes?
5. What kind of beverages will be served and or any license will be
needed?
6. What kind of restrooms will be provided?
7. Will the property conform to ADA accessibility?
8. What kind of sign or signs wifi be needed and location of such
signs?
9. What kind of lighting will be on the property?
10. Study of traffic flow entering and exiting the property?
II. How many events per year?
12. Will the property have full insurance coverage?
13. What kind of license does the county require before the
property can open?
14. How will the noise level be controlled?
Note: This property is just outside the Merriam Woods Village and
residents of Merriam Woods Village surround the property.
5/3/13 About Us | Kenny Bear Event Center

Kenny Bear Event Center

About Us

We are a multifunctional events center that offers a wide range of entertainment. From the
"H orse Bam Saloon" to motorcycle rally's, concerts, camping, farmers market, community garage
sales, and many other special events, we have something for everyone. We also offer booking,
advertising, promoting and recording for local bands.

Our Mission
kennybeare\entcenter.wordpress.com/about/ 1/2
5/3/13 About Us | Kenny Bear Eusnt Center

Our m ission is to provide a safe and fun place for people to come out and have a good time
while giving back to the community and local and/or state charities.
For more information call;
Kenny Portz (417) 337-0430
John Burns (417) 593-9394
Dean Paul (417) 332-7776
Lee Davis (417) 559-7948
Kevin Am ot (417) 987-6377
Connie Portz (417) 830-8128

Contact us at KennyBearEventtCenter@gmail.com

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 Outdoor Concerts | Kenny Bear Event Center
4/23/13

Kenny Bear Event Center

Outdoor Concerts

Full details coming soon...

Contact us at KennyBearEventCenter@gmaiI.com

Ring at W ordPress.com . I Them e: iTheme.2by T h e m ify .

kennybeare\entcenter .viordpress.com/outdoor-concerts/
4/23/13 Camping | Kenny Bear E\ent Center

Kenny Bear Event Center

Camping

We offer primitive camping. More details com ing so o n ...

Contact us at KennyBearEventCenter@gmail.com

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4/23/13 Farmers Market/Community Garage Sales | Kenny Bear Event Center

Kenny Bear Event Center

Farmers Market / Community Garage Sales

More details coming soon...

Contact us at KennyBearEventCenter@gm ail.com

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kennybeare\entcenter Mordpress.com/farmers-market/
4/23/13 Photos | Kenny Bear E\«nt Center

Kenny Bear Event Center

If you have any great photographs you would like to share with us, em ail them to
KennyBearEventCenter@gmail.com.

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 Photos | Kenny Bear Event Center
4/23/13

2/6
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4/23/13 Photos | Kenny Bear Event Center

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 Photos | Kenny Bear Event Center
4/23/13

4/6
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4/23/13 Photos | Kenny Bear Event Center

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4/23/13 Photos | Kenny Bear E\ent Center

Contact us at K ennyBearEventCenter@gm ail.com

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4/23/13 Rally s / Swap Meets | Kenny Bear Event Center

Kenny Bear Event Center

Rally’s / Swap Meets

Check our "Upcoming Events" page for all scheduled events.

Contact us at K ennyBearEventCenter@gm ail.com

kennybeareusntcenter.vuDrdpress.com/rallis/ 1/2
4/23/13 Social Media | Kenny Bear E\ent Center

Kenny Bear Event Center

Be sure to follow us on...

K*cr, f S^.tf I ><i:i C>'eiitc

fhttps: / /www.facebook.com/kennybeareventcenter)

Watch

You (http: / /www.voutube.com/kennybeareventcenter)

Contact us at KennyBearEventCenter@gmail.com

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4/23/13 Sponsors | Kenny Bear E\«nt Center

Kenny Bear Event Center

Sponsors

("http: / /www.M idwestExposures.com)

(http:/ /www.MoArkEntertaininent.corn)

tennybeareventcenter.wordpress.com/sponsors/
4/23/13 Sponsors | Kenny Bear Event Center

:« S B R
' 6 S

Model Portfolios Romantic Glamour
~

Promos Special Events~

(http: / /www.M idwestExposures.com)

Contact us at KennyBearEventCenter@gm aiI.com

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kennybeareventcenter.wordpress.corrVsponsors/
4/23/13 Upcoming Events | Kenny Bear Event Center

Kenny Bear Even! Center

Upcoming Events

•>April 19- “Horse Bam Saloon” Warming Party

Join us as we have our first celebration in the "H orse Bam Saloon" starting at 7PM and going
until midnight. BYOB and party with music by Super Sound playing 8-11. Donations would be
appreciated.

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4/23/13 Upcoming Events | Kenny Bear Event Center

o April 27 - 1st Annual Fish Fry

N oon until 8PM with entertainment by Jim Principe & Super Sound. $15 for all you can eat.
under 8 eat free. After party in the "Horse Bam Saloon" with Blind Driver. Vendor space
available. On site camping and parking.

o June 20 - Rockin’ Blues BBQ

o July 4 - Independence Day Rally

o July 25 - Kenny Bear Biker Camp

o August 22 - PaPa Bear Biker Camp

° September 11 - Patriot Day Rally

o October 18 - Biketober Fest Rally
kennybeare\fintcenter .wordpress.com/upcomi ng -events/
4/23/13 Upcoming E\ents | KennyBear Event Center

Schedule subject to change. We will post any updates on this site. Be sure to follow us for
instant updates.

Contact us at KennyBearEventCenter@gm ail.com

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4/23/13 Vendors | Kenny Bear Event Center

Kenny Bear Event Center

Vendors

Vendor space is available at select events.

Rates are as shown below.

Booth Sizes

1 0 x 3 0 -$ 9 0

1 0 x 2 0 -$ 5 0

1 0 x 1 0 -$ 3 0

Electricity

kennybeare\entcenter.wordpress.conY\jendors/
5/3/13 Field Rental | Kenny Bear Event Center

Kenny Bear Event Center

Field Rental

Field Rental - $150 per day

kennybeare\«itcenter.vM)rdpress.com/fi eld-rental/ 1/2
Glenn and Jackie Pyle
524 Shady Dr.
Branson, M O 65616
417-335-3585

T o W hom It M ay Concern:

This is an agreement between Glenn and Jackie Pyle and Kenny and Brenda P ortz to
allow the joint use o f the latteral line field that is located on the Pyle property at 3889
hwy. 176, R ockaw ay Beach, M O . This agreement will not last for a period o f more than
2 years and i f no central sewer system is available at that time this agreement will continue
at the discretion o f Glenn and Jackie Pyle.
: ■ £ |S || | ;3 ; il; :
ROGKAWAY BEACH, MISSOURI65740 ; : 'y i
:;. OFFICE OF I I IE C IT Y C L E R K
- Post .Office ;Box-315
.Telephone (417) 561-4424

MAYOR: s t a v e Bergman ■■::■■■■■ , . ,

CLERK: Susan ShoemakB

v!l;'.V / ^February; 24VV 199 8

RE: Glenn and Jackie Pyle ^ r;■.

To Whom It May Concern:

With reference to the above captioned, the City of Rockaway
Beach has received from Mr. and M r s . Pyle a letter expressing their
intention to annex into the city limits of Rockaway Beach.

With the City's plan to expand our current Sewer Plant to
accommodate a Regional Sewer Facility and a three year water
extension and water storage expansion being considered, we see no
reason that this annexation request could not be .favorably
considered and approved.

: Mr . and; Mrs o Pyle have advised us that you are needing this
information in order to approve a variance relative to their septic
tank, As explained above, with the approval of the requested
annexation and the above mentioned utility expansions Mr. and Mrs.
Pyles can anticipate twelve to eighteen.months availability to the
City of Rockaway Beach's, sewer system.

.. If we can be of service to you in any way or if we can answer
any quest ions, pleas e do. n o t :hesi ta t e to l e t us k n o w .

Susan Shoemake
C i t y Cl erk

"c}n the <
~}iearl o f Ibe M issouri Ozarks on J2ake Taneycomo
 SKETCH SITE PLAN

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Kenny Bear Event Center
Division 111 Permit 2013-0009
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Kenny Bear Event Center
Division III Permit 2013-0009
Taney County GIS - Beacon
 Kenny Bear Event Center
STATE HWY 1

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 T h e T aney C o u n t y
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