P&Z Regular Meeting Packet

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

AGENDA
TANEY COUNTY PLANNING COMMISSION
REGULAR MEETING
MONDAY, OCTOBER 21, 2013, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

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

Review and Action:
Minutes\ September 2013

Final Votes:
Table Rock Traders
Esther's House o f Redemption
SBA Structures, Inc.

Concepts:
Star Furniture Liquidator
Bee Creek Office and Storage

Old and New Business:
Tentative

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

MINUTES
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, SEPTEMBER 9, 2013, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Chairman Rick Treese called the meeting to order at 6:00 p.m. A quorum was
established with eight members present. They were: Rick Treese, Ronnie Melton, Steve
Adams, Dave Stewart, Mike Scofield, Randy Haes, Ray Edwards, and Rick Caudill. Staff
present: Bob Atchley, and Bonita Kissee-Soutee.

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

Public Hearing:
Areawide Motors: a request by Hwy. 248 Group, LLC to operate a used car lot on
property located at 1818 St. Hwy. 248. Mr. Atchley read the staff report and presented
maps, pictures and a video of the site. Mark Fitzhugh representing the project
addressed questions from the Planning Commission, and public. Mr. Treese discussed
item #8 with the applicant and if he is comfortable with the hours of operation. Mr.
Fitzhugh stated that he might want to operate different hours in the winter. The
Commission stated that he could operate less hours without approval but not later. The
applicant chose to operate from 8:00 a.m. until 8:00 p.m. Mr. Edwards asked about
why the applicant did not want to hook to City sewer. The applicant stated that he
didn't want to go to the expense that it would take to hook up. He stated that he would
place a portable toilet onsite with a fence, or use the neighboring business restroom.
Mr. Edwards asked Mr. Atchley if there were any regulations specifying if a commercial
business was required to have a restroom by the sewer district. Mr. Atchley stated that
not through the sewer district. He did state that if a property owner builds a restroom
facility and had central sewer available they are required to hook on. Mr. Caudill stated
that in his opinion a property owner shouldn't have to come under City regulations if he
doesn't want to. Discussion followed. Mr. Stewart stated that in his opinion the
Planning Commission doesn't have the authority to require this, and the previous
property owner didn't have water and restrooms. Mr. Fitzhugh informed the
Commission that state doesn't require a car lot to have a restroom. The applicant is
agreeable to having a portable toilet if the Commission asked him to. Discussion

i
followed. Mr. Caudill and Mr. Stewart stated that in their opinions the ground would not
perc in order to put in a septic tank, and that they would rather see a portable toilet.
No one signed up to speak. With no other discussion the public hearing was closed.
This project will receive final vote next week.

Layton Auto Service: a request by Gail Layton to move his existing auto repair
business to property located at 1421 Bee Creek Road. Mr. Atchley read the staff report
and presented maps, pictures and a video of the site. The Commission discussed
ingress and egress and that the existing road is used for access to the single family
dwelling behind the property. Mr. Layton stated that he plans to place the ingress and
egress on the side of the property from Stinger Road. He will also make part of the
access road wider for the neighbors use. He will place an 8' tall privacy fence between
the residence and his property. He will keep all liquids inside the building for pick up.
He will address any run off, and have an asphalt parking lot. He reported that he spoke
to the closest neighbor and said in his opinion they were agreeable. Mr. Adams wants a
letter from the property owner stating this. Discussion followed regarding the road
easement. Mr. Layton stated that he will not construct anything that looks junky. Bryan
Wade representing Bee Creek Partners who are the developers of the property to the
west in the (Bee Creek Apartments), addressed some issues regarding the property
values, compatibility, access points from Stinger Road, sight distance, added traffic onto
Bee Creek Road, buffering to the west, hours of operation, and adequate parking. Brett
Johnson, developer of Bee Creek Apartments, presented a power point presentation of
the project to scale on the property showing the ingress and egress from Stinger Road,
parking, and Bee Creek Road. He presented a noise level chart showing the levels of
sound that comes from each type of electric tool used in a mechanics shop. Mr. Hoy
who lives in the neighborhood expressed concerns regarding buffering, junk onsite, and
if we can enforce the rules. He was also concerned about property values. Don Benson
who also lives in the Bee Creek Apartments, was concerned if a traffic study was done
on Bee Creek Road, access of emergency vehicles from Stinger Road, and safety. Mary
Lissak who lives in Bee Creek Apartments, was concerned with traffic safety. Mr. Haes
stated that Stinger Road is not a county maintained road. Mr. Stewart asked if Mr.
Layton could have access from a public road. Mr. Johnson stated that since he put the
road in he would have to study that. Mr. Haes explained how site distance is measured.
Mr. Caudill asked Mr. Johnson if he owned this property how many units he could get
on the site and how many cars the use would generate. Discussion followed. Mr. Treese
asked if Mr. Layton didn't use Stinger Road would the project be more acceptable to the
property owners. Mr. Johnson stated that if the project could be done without
disrupting the neighborhood he would be more in favor of it, and he suggested placing
the entrance further south. Mr. Caudill discussed having a single entrance from Stinger
Road allowing a car to pull out then onto Bee Creek Road. Discussion followed
regarding buffering, and providing a site plan showing elevations. Mr. Johnson wants to
know what kind of signage is planned. Mr. Layton stated that the reason there are no
drawings yet is because he needs to know what style of building he will be considering
and how much solid rock is on the property. Noise mitigation was discussed, and that

2
Bee Creek Road generates as much noise as a commercial garage would. Mr. Treese
again asked Mr. Johnson if he would be agreeable to the project if Mr. Layton did not
use Stinger Road. Mr. Johnson stated that this would go a long way, but that noise
mitigation and traffic are also concerns. Mr. Treese asked Mr. Layton how close
residences are to his current business. He stated that they are close and that he lives
next to it. He hasn't had complaints from the current neighborhood regarding traffic to
and from the business. He also stated that he is not comfortable with not using Stinger
Road as an access. The Commission asked for a site plan from Mr. Layton showing
parking and access before the next meeting. Mr. Haes stated that the County has
guidelines for accesses from county roads. Discussion followed after which the public
hearing was closed. This project will proceed to final vote next week.

Cardwell Automotive, LLC: a request by Adam Cardwell to operate a used car
sales business on property owned by Charles Harris, 122 Delaware Road. Mr. Atchley
read the staff report and presented maps, pictures and a video of the site. Hours of
operation were discussed. He would like to change the hours in case he wanted to meet
someone on the site at a different time. The hours were changed to 7:00 a.m. to 6:00
p.m. Monday through Saturday. He will access the property off Delaware only. There
will be no driveway between the business or highway and gravel one way only. Mr.
Stewart discussed special use and that an agreement should be written between the
business and the applicant in order to use the restroom. Mr. Haes stated that the
entrance should be widened in order to accommodate the county road right of way.
The applicant was agreeable to a special use permit. Discussion followed regarding why
the Planning Commission should hear this request because the property is also
commercial of a similar use. Discussion followed. Mike Fulton who own property in the
area previously was concerned with traffic off Delaware, cutting the grass, the
neighboring spring becoming polluted, and trashing the property. After discussion, the
public hearing was closed and this project will proceed to final vote next week.

Old and New Business:
Mr. Atchley reported on the new legislation regarding cell phone towers, and
what the Planning Commissions in Mo., can discuss and not discuss in a meeting. Mr.
Edwards stated that he heard this legislation can't be implemented at this time. Mr.
Atchley will research this further and report back to the Commission.

A Division II Application for an existing business was discussed by Mr. Atchley
regarding if the Planning Commission should hear the request as a Division III
application rather than doing a Division II. The business hopes to add another
structure taking up most of the existing parking lot. Part of the structure will be rented
out to other businesses. Mr. Stewart stated that in his opinion any major changes to a
commercial request should come back before the Planning Commission. Discussion
followed, after which the Planning Commission decided to hear this request as a
Division III.

3
Adjournment:
With no other business on the agenda for September 9, 2013 the meeting
adjourned at 8:20 p.m.
 T a n e y C o u n t y P l a n n in g C o m m is s io n
P. O. Box 383 • Forsyth, Missouri 65653
Phone: 417 546-7225 / 7226 • Fax:417546-6861
website: w w w .tcm eyeounty.org

MINUTES
TANEY COUNTY PLANNING COMMISSION
REGULAR MEETING
MONDAY, SEPTEMBER 16, 2013, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Chairman Rick Treese called the meeting to order at 6:00 p.m. A quorum was
established with eight members present. They were: Rick Treese, Ronnie Melton, Steve
Adams, Dave Stewart, Mike Scofield, Randy Haes, Ray Edwards, and Rick Caudill. Staff
present: Bob Atchley, and Bonita Kissee-Soutee.

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

Review and Action:
Minutes: August 2013, with no additions or corrections, a motion was made by
Ronnie Melton to approve the minutes as written. Seconded by Ray Edwards. The vote
to approve the minutes was unanimous.

Final Votes:
Areawide Motors: a request by Hwy. 248 Group, LLC to operate a used car lot on
property located at 1818 St. Hwy. 248. Mr. Atchley read the proposed decision of
record. Discussion followed regarding the vegetative buffer, previous use, and portable
toilet. Mr. Stewart suggested that a discussion should be had in February regarding
permitting projects without water or sewer. The applicant stated that plans are if the
project is a success, sewer and water will be added. Mr. Caudill stated that for a project
of this size, he didn't see the necessity of sewer and water. After discussion Mr. Caudill
made a motion to approve based upon the decision of record. The vote to approve was
six in favor and two against.

Layton Auto Service: a request by Gail Layton to move his existing auto repair
business to property located at 142 Bee Creek Road. Mr. Atchley read the proposed
decision of record, and presented the requested site plan. Mr. Treese asked Mr. Layton
if he wanted to move the 5:00 p.m. closing time until later. He stated that the hours of
8:00 a.m. until 6:00 p.m. would be more convenient for customers after they get off
work. Mr. Stewart clarified that the current vegetative buffer is adequate. Mr. Melton
stated that he would like to see the 27' driveway changed to 32'. One driveway and
make it a little wider, will be changed on the decision of record. After discussion Dave
Stewart made a motion to approve based upon the decision of record. Seconded by
Ronnie Melton. The vote to approve was unanimous.

Cardwell Automotive, LLC: a request by Adam Cardwell to operate a used car
business on property owned by Charles Harris, 122 Delaware Road. Mr. Atchley read
the proposed decision of record. Mr. Caudill clarified the placement of the cars. Mr.
Haes discussed the site distance of the driveway width. Mr. Edwards again stated that
this is another instance of no water or wastewater onsite. Mr. Cardwell reported that he
has the use of the adjoining business restrooms. Mr. Caudill made a motion to approve
based upon the decision of record with changes in hours of operation and driveway
width. Mr. Stewart seconded. The vote to approve was seven in favor and one against.

Concepts:
Table Rock Traders: a request by John Holcomb to do gunsmithing and sales at
747 Painter Road. Mr. Atchley presented a map showing location of the request. Mr.
Holcomb explained his request and stated that the gunsmithing will be done in his
outbuilding and sales will take place in his home. He presented his license from the
state. He plans to sell ammunition from the out building as well. Mr. Holcomb stated
that the previous resident also did gun sales on the property. He will do this business by
appointment only, because he works another job. This project will proceed to public
hearing next month.

Esther's House of Redemption: a request by Sundi Jo Graham to operate a
residential discipleship program for women at 1947 Lakeshore Drive. Mr. Atchley
presented a map showing the location of the request. Ms. Graham explained her
request. This property was previously commercial but not permitted. There will be full
time staff on the property. No children will be on site. Discussion followed regarding
how prospective applicants find out about this location. This program is free of charge
and funded by donations. This project will proceed to public hearing next month.

SBA Structures, Inc.: a request by Curtis Holland representing SBA Structures to
place a wireless communications tower at 1384 North St. Hwy. 265. Mr. Atchley
presented a map showing location of the request. John Tiner representing the applicant
explained the existing tower has reached capacity. This proposed tower will built next to
the existing tower. Mr. Treese asked if this is the type of tower would fall inward. The
representative did not know. Mr. Atchley pointed out that the Code does not specify
fall requirements. Mr. Tiner stated that the company wished to place a temporary tower
on the site until this one is built. This project will proceed to public hearing next month.

Old and New Business:
 Mr. Atchley reported about the ongoing litigation regarding the law on cell phone
towers.

Adjournment:
With no other business on the agenda for September 16, 2013 the meeting
adjourned at 6:48 p.m.
TANEY T a n e y C o u n t y P l a n n in g C o m m is s io n
P. O. Box 383 ■» Forsyth, Missouri 65653
COUNTY Phone: 417 546-7225 / 7226 • Fax:417 546-6861
website: w w w .tcm eycounty.org

APPLICATION FOR CONCEPT
DIVISION III
TANEY COUNTY PLANNING COMMISSION

The Concept Application is for the use of the Planning Staff and Commission to
enabie us to know the nature of the planned project. The official Division III
Application for permit wili be filed along with everything needed to complete
your file, as listed on the Division III Procedure Checklist, Division III
Applications: $150.00, Special Use Applications: $150.00.

NAME OF PROJECT:

NAME OJ: APPLICANT: M l / c U a e, I L e n X - ______
^_________ (Must be owner.of record)
S I G N A T U R i Z ^ ___________DATE:
(Myst be'owmer'Wrecord)
HAILING ADDRESS: ^ / 9 o p S -j-c^ e . )j to y \ 1 to ______________
B €La, C.V\ J m o (g ^ 7 ^ 0

TELEPHONE NUMBER: *30*7 2 ^ 0 “ b C ^ ^ _____________

Representative Information

NAME OF REPRESENTATIVE:_______________

MAILING ADDRESS (rep,):

TELEPHONE NUMBER (rep.):

Revised 12/19/03
 Property Information

ACCESS TO PROPERTY (street # and name): S^ ai°e \7k>

Number of Acres (@r sqaft. of lot size): 3

PARCEL #s 0 6-1. Q - Q l - Q o ^ - O o i - o o l.o o l _____
(Parcel # MUST be on permit. Example; 00-0.0-00-000-000-000.000. This number is oh top left hand corner of
property tax statement. If you have not paid taxes on property, must have name of previous owner of property.)

SECTION^ 3* TOWNSHIP; 3 , 3 ______ RANGES 3J

NAME OF SUBDIVISION (if applicable):___________________

Lot # (if applicable) BLOCK #

WITHIN GOO' FROM THIS PROPERTY IS:
(Check ail land uses that apply)

□ Commercial □ Multi-Family IX Residential 8 Agricultural
□ Multi-Use □ Municipality

SEWAGE DISPOSAL SYSTEM;
□ Treatment Plant [^Individual
□ Central Sewer: District # _________

W ATER SUPPLY SYSTEM;/"
□ Community Well [^Private Well
□ Central: District # _________

DOES THE PROPERTY LIE IN THE 100-YEAR FLOOD PLAIN? □ Yes 8 No

THIS REQUEST FALLS INTO ONE OR MORE OF THE FOLLOW ING
CATEGORIES:

□ Residential □ Multi-Family U Commercial □ Industrial
□ Special Use □ Other - Explain:________________

Revised 12/19/03
Any proposed project that does not have a posted 911 address m ust be identified
with a survey fiag a t the proposed access to the property. Failure to post the
survey flag w ill resuit in a deiay o f the Public Hearing. P iease give a description o f
your proposed project including a ll uses: (IMPORTANT? Make this description as
complete as possible as your public notice w ill be based on the inform ation
provided here.)

Revised 12/19/03
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TANEY T a n e y C o u n t y P l a n n in g C o m m is s io n
P. O. Box 383 J Forsyth, Missouri 65653
COUNTY Phone: 417 546-7225 / 7226 • Fax: 417 546-6861
w ebsite: w w w .tcm eycoim ty.org i

rJV

APPLICATION FOR CONCEPT
DIVISION III
TANEY COUNTY PLANNING COMMISSION

The Concept Application is for the use of the Planning Staff and Commission to
enable us to know the nature of the planned project. The official Division III
Application for permit will be filed along with everything needed to complete
your file, as listed on the Division III Procedure Checklist, Division III
Applications: $150.00, Special Use Applications: $150.00.

NAME OF PROJECT: C^r e...e,\C ^ CA-^ nO :1
J r .. "
'"''N " i 1
NAME OF APPLICANT; ^Y x r J b S f l T l _______________
(Must b& owner of record)

SIGNATURE: S - y f c j ^ ^ W ’ <---- -----------DATE^ c( ^ ^ /^
Vlfyst be owner of record)

MAILING ADDRESS: / $ ~1 ! k!d ttiW lS6>i , W Ichb I JL-

T E IE P H O N E N UM BER: 3 3S~ ' 3 S' w
Representative Information

MANE OF REPRESENTATIVE: 5^ /41 j \ \'f k t J V -U ’ / 1

MAILING ADDRESS (rep.): 7 / $ - e e ~ C r e e J c ^ / i d M o

TELEPHONE DUMBER (rep,):____ ^ 1 ^ _______________________

Revised 12/19/03
 Property Information

A CCESS TO PROPERTY (street # and name): C P ,e e / {

Num ber of Acres (or sq, ft. of lot size): /

PARCEL #: 0 ? ~ 5 , 0 ~ ^ / - 0 0 0 -Q Q ^ - Q D /. £ 0 ^ )
(Parcel # MUST be on permit, Example: 00-0.0-00-000-000-000.000. This number is on top left hand corner of
property tax statement. Sf yow have not paid taxes on property, must have name of previous owner of property.)

SECTIONS cgV______ TOWNSHIP" ,Z 3 ______ RANGE; 2 I

NAME OF SUBDIVISION (If applicable):_________________________

Lot # (if applicable) BLOCK #

WITHIN 600' FROM THIS PROPERTY IS;
(Check all land uses that apply)

[/Commercial (^Multi-Family □ Residential □ Agricultural
□ Multi-Use □ Municipality

SEWAGE DISPOSAL SYSTEiyh
□ Treatment Plant S'lndividual
□ Centra! Sewer: District # _________

W ATER SUPPLY SYSTEM;
□ Community Well □ Private Well
iFCentral: District # ________

DOES THE PROPERTY LIE IN THE 100-YEAR FLOOD PLAIN? □ Yes 0^No

FALLS INTO ONE O R MORE OF THE FOLLOWING
CATEGORIES;

□ Residential □ Multi-Family m
i/Cc
Commercial □ Industrial
□ Special Use □ Other - Explain:________________

Revised 12/19/03
Any proposed project that does not have a posted 911 address m ust be identified
with a survey fiag at the proposed access to the property, Failure to post the
survey fiag w ill result in a delay o f the Public Hearing. Please give a description o f
your proposed project including a il uses: (IMPORTANT: Make this description as
complete as possible as your public notice w ill be based on the inform ation
pro vided here.)

2^ 1*1 4-1 U o L L -s e v~-e v u a I s

Revised 12/19/03
Taney County, MO C lb e a c o r f

Dais Creatsd: 9/24/2013

Overview

Legend
Parcels
Roads
Lakes
f~| Corporate Limits

BU M BL'EBEE
W ABASH

Parcel ID 08-5.0-21-000-002-001.000 Alternate ID n/a Owner Address BEE CREEK OFFICE AND STORAGE LLC
Sec/Twp/Rng 21-23-21 Class n/a 1571 BEE CREEK RD APT A
BRANSON MO 65616-9888
Property Address 1571 BEE CREEK RD Acreage 1.18
BRANSON

District 4CWX
Brief Tax Description PT NENW4 W OF CR 65-80
(Note: Not to be used on legal documents)

Last Data Upload: 9/24/2013 3:08:39 AM

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