P&Z Public 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 • Fax: 417 546-6861
website: wwvp.taneycounty.org

AGENDA
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, DECEMBER 9, 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 Hearing:
Lone Pine Project
Lost Canyon Cave and Nature Trail

Old and New Business:
Tentative

Adjournm ent.
 TANEY COUNTY
PLANNING COMMISSION
DIVISION III SPECIAL-USE PERMIT
STAFF REPORT

HEARING DATE: Decem ber 9, 2013

CASE NUMBER: 2013-0025

PROJECT: Lone Pine Project

APPLICANT: Profund Capital, LLC - Steve Shepherd

REPRESENTATIVE: Mark Mauzy

LOCATION: The subject property is located at 290 Lone Pine Road,
Branson, MO; Branson Township; Section 10, Township 22,
Range 22.

REQUEST: The applicant, Steve Shepherd is requesting approval of a
Division III Special-Use Permit in order to utilize an existing,
three (3) bedroom, single-fam ily residence for nightly rental.
The applicant is also seeking to convert the existing indoor
racquetball court into three (3) additional bedroom s that will
be available for nightly rental, for a total of six (6) bedrooms.

BACKGROUND and SITE HISTORY:
On April 22, 1999 Division I Permit # 1999-0180 was issued for the construction of a
2,500 square foot single-fam ily residence. The single-fam ily residence is currently listed
per the A ssessor’s information via Beacon as being approxim ately 7,742 square feet in
size. The home is currently listed on the Multiple Listing Service (MLS) as being a 3
bedroom, 6 bathroom home.

On April 22, 1999 Septic P e rm it# 1999-0158 was issued for the septic system sized to
accom odate the three (3) bedroom residence.

The current application was approved for Concept on November 18, 2013.

GENERAL DESCRIPTION:
The subject property (approxim ately 12,500 square foot lot) contains an approxim ately
7,742 square foot, three (3) bedroom, single-fam ily residence (per the Assessor’s
information) located at, 290 Lone Pine Road, Branson, MO, known as Lot 16, Block 1,
Skyline Subdivision. The applicant is seeking to convert the existing indoor racquetball
court into three (3) additional bedrooms that would be available for nightly rental.

Division III Special-Use Permit Staff Report - Lone Pine Project-Nightly Rental - 2013-0025 Page 1
REVIEW:

The Taney County Developm ent 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) days, counting portions of days as full days.” Currently, the applicant would
have the ability to rent the residence for a period of thirty (30) days or greater.

The exterior appearance of the single-fam ily home will remain the same. Per the nightly
rental provisions of the Developm ent Guidance Code, “The maximum occupancy for a
Nightly Rental 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).” Therefore, currently the three (3) bedroom home would have a
maximum occupancy o f eight (8) people. Upon the addition of three (3) bedroom s the
residence would accom m odate a total of fourteen (14) people, if the wastewater
treatm ent system is upgraded, ensuring adequate capacity to serve the six (6)
bedrooms.

The property is currently served by a public w ater supply com pany (Missouri Am erican
W ater Company) and an individual, onsite septic system. Septic Permit # 1999-0158
for 290 Lone Pine Road, indicates that the system was permitted for the three (3)
bedroom house, with 300 linear feet of lateral line and a 1,000 gallon tank. The staff
recommends that if the property owner utilizes the existing three (3) bedroom residence
for nightly rental that the owner be made aware that the system needs to be watched for
signs of failure and regularly pumped in order to maintain the system. However, per the
nightly rental provisions of the Developm ent Guidance Code, “The maximum occupancy
shall be further limited based upon the capacity of the wastewater treatm ent system
serving the Nightly R en tal...” Therefore if three (3) additional bedrooms are added the
wastewater treatm ent system must be upgraded, ensuring adequate capacity to serve
the six (6) bedrooms.

The property is currently served by an existing drive off of Lone Pine Road.

The residence is in com pliance with the setback requirements, “One (1) off-street
parking space shall be provided for each two (2) persons of occupancy in a Nightly
Rental." Per the nightly rental provisions of the Developm ent Guidance Code, “One (1)
off-street parking space shall be provided for each two (2) persons of occupancy in a
Nightly Rental.” Therefore a total of seven (7) parking spaces will be required. The
residence is currently served by a three (3) car garage and two outdoor parking areas,
exceeding the minimum requirements of the Developm ent Guidance Code.

The adjoining property im m ediately to the north is vacant property, with single-fam ily
residential being located further to the north. The adjoining property to the south and
east is single-fam ily residential. The adjoining property im m ediately to the w est is
single-fam ily residential, with a duplex further to the west.

The project received a total score of -23 on the Policy Checklist, out of a maximum
possible score of 29. The relative policies receiving a negative score consist of sewage
disposal, offsite nuisances, right-of-way on existing roads, em ergency water supply,
so lid w a s te d is p o s a l s e rv ic e and u se c o m p a tib ility

Division III Special-Use Permit Staff Report - Lone Pine Project-Nightly Rental - 2013-0025 Page 2
SUMMARY:

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

1. Com pliance with the provisions of the Taney County Developm ent Guidance
Code.

2. Com pliance letters from the W estern Taney County Fire Protection District, the
Taney County Assessor’s Office, the Missouri Department of Revenue, the
Environm ental Division of the Planning Departm ent and the Taney County Health
Department; including all other entities which have requirements governing a
developm ent of this nature shall be provided to the Planning Department
office.(C hapter VI-VII)

3. A copy of a valid M erchant’s License via the Taney County C ollector’s Office
shall be provided to the Planning Department.

4. A valid Missouri Department of Revenue Sales Tax License shall be provided to
the Planning Departm ent prior to the issuance of a Certificate of Compliance. A
No Tax Due Letter from the Missouri Department of Revenue shall be submitted
to the Planning Department office annually, indicating that the sales taxes have
been paid.

5. No outside storage of equipm ent or solid waste materials.

6. This decision is subject to all existing easements.

7. This residence shall accom m odate (sleep) no more than eight (8) persons per
night, until such time that the on-site w astewater treatm ent system is upgraded,
ensuring capacity for the six (6) bedroom home and / or the maximum num ber of
persons that will be accommodated via nightly rental. Upon com pletion of the
w astewater treatm ent system upgrade the six (6) bedroom residence shall
accom m odate no more that fourteen (14) people.

8. Prior to converting the indoor racquetball court into three (3) additional
bedrooms, the onsite wastewater system shall be designed and constructed,
ensuring capacity for the six (6) bedroom home and / or the maximum number of
persons that will be accommodated via nightly rental. This upgraded on-site
w astewater system shall be permitted via the Taney County Planning
Departm ent in conjunction with the Missouri Departm ent of Health and Senior
Services and/or the Missouri Departm ent of Natural Resources.

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

Division III Special-Use Permit Staff Report - Lone Pine Project-Nightly Rental - 2013-0025 Page 3
Any proposed p roject th a t does n o t have a posted 911 address m ust be identified
w ith a survey flag a t the proposed access to the property. Failure to post the
survey flag w ill result in a delay o f the Public Hearing. Please give a description o f
your proposed project including a ll uses: (IMPORTANT: Make this description as
com plete as possible as your public notice w ill be based on the inform ation
provided here.)
The property is located In the Skyline Subdivision in Taney, County, MO.

This foreclosure home was purchased from the bank and it was an eyesore

and dangerous property due to deteriorated wood decks. The exterior was

overgrown and the property had no street parking which caused blocked

traffic. In additional to my personal use, I would like to add three bedrooms

and three baths and make it available as a vacation home for families on a

nightly or weekly rental basis. The property has now been remodeled and lots

of additional parking (up to 12 cars). This application is for a special use permit

that would allow nightly /weekly rental. The benefit to Taney County would be

a significant increase in tax revenues and spending by vacationers.

The house next door to my South boundary is a vacation home approved by

Taney County. The property West and North of mine are vacant lots. There are

several other vacation homes currently operating in the Skyline Addition as well.

It is anticipated that the neighbors surrounding my property will welcome the

improvements and have no objection to the approval of a Special Use Permit for

this property. Note: the house would have 6 beds & 6.5 baths after remodel

Revised 12/19/03
Lone Pine Project - Nightly Rental Permit#: 12-25

Section Score
Performance

Importance
Division III Relative Policy Scoring Sheet:

Factor
Western Taney County

Score
Value
W ater 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
Environm ental Policies
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 Com patibility
OFF-SITE NUISANCES n/a=
no issues or nuisance(s) can be fully mitigated 0
buffered and minimally mitigated -1 5 -1 -5
cannot be mitigated -2
C om patibility 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 of 5
Lone Pine Project - Nightly Rental Permit#: 12-25

Section Score
Performance

Importance
Division III Relative Policy Scoring Sheet:

Factor
Western Taney County

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
Lone Pine Project - Nightly Rental Permit#: 12-25

Section Score
Performance

Importance
Division III Relative Policy Scoring Sheet;

Factor
Western Taney County

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 Econom ic Developm 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 >=5 full-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, 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
Com m ercial Developm ent
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
Lone Pine Project - Nightly Rental Permit#: 12-25

Section Score
Performance

Importance
Division ill Relative Policy Scoring Sheet:

Factor
Western Taney County

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 - Capacity and Access
TRAFFIC n/a=
no impact or insignificant impact on current traffic flows 0
traffic flow increases expected but manageable using existing roads and road accesses -1 2 0 0
traffic flow increases exceed current road capacities -2
EMERGENCY SERVICES 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 5 0 0

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
o -I -5
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 1 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 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
Lone Pine Project - Nightly Rental Permit#: 12-25

Section Score
Performance

Importance
Division HI Relative Policy Scoring Sheet:

Factor
Western Taney County

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
O pen-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 W aste 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= -23
Maximum Possible Score= 29
Actual Score as Percent of Maximum= -79.3%
Number of Negative Scores= 6
Negative Scores as % of All Applicable Scores= 60.0%

Scoring Performed by: Date:
Bob A tchley / Bonita KVssee N ovem ber 27, 2013

Page 5 o f 5
Project: Lone Pine Project - Nightly Rental
Permit#: 12-25
Policies Receiving a Negative Score
Importance sewage disposal off-site nuisances right-of-way/roads emergency water supply waste
Factor 5: disposal service
importance use compatibility
Factor 4:
Importance none
Factor 3:
Importance none
Factor 2:
Importance none
Factor 1:
Scoring by: Bob A tchley / Bonita Kissee
Date: N ovem ber 27, 2013
 Project: Lone Pine Project - Nightly Rental Permit: 12-25
As
Max. Possible % Total Negative Scores
Scored
|Scoring 29 -23 -79.3% 6 60.0%

Max. As Negative Scores
Possible Scored Number of Percent
Importance Factor 5 15 -30 5 83.3%
s e w a g e d is p o s a l 10 -5

o ff- s ite n u is a n c e s 0 -5

d ive rs ific a tio n

e m e rg e n c y s e rv ic e s 0 0

r ig h t-o f-w a y /ro a d s 5 -5

e m e rg e n c y w a te r s u p p ly 0 -1 0

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

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

Importance Factor 4 8 4 1 50.0%
slo p e s

u s e c o m p a tib ility 0 -4

p e d e s tria n c irc u la tio n

un d e rg ro u n d utilitie s 8 8

Importance Factor 3 6 3
soil lim ita tio n s

bu ild ing b u lk /s c a le

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

o u td o o r e q u ip s to ra g e

in d u s tria l b u ffe r / sc re e n in g

righ t to farm

rig h t to o p e ra te

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

d e v e lo p m e n t p a tte rn s

d e v e lo p m e n t bu fferin g
w a te r s y s te m s e rv ic e 6 3

Importance Factor 2
w ild life h a b ita t and fis h e rie s

a ir q u a lity

bu ild in g m a te ria ls

re sid e n tia l b u ffe r / sc re e n in g

re sid e n tia l p riva cy

tra ffic 0 0

p e d e s tria n s a fe ty

u sa b le open sp a c e

Importance Factor 1
lo t co v e ra g e

ro o fto p v e n ts / e q u ip m e n t

b ic y c le c irc u la tio n

Scoring by: Bob Atchley / Bonita Kissee
Date: November 27, 2013
 Main Be No,' 1307360961 Pam

Building Sketch
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1ftopsrty Address 290 lone Pina Rri________________________________________________________ ________ __________ ______
[City " Branson_________ __________ County Tanav _________ _________ Slate m o gpOode a56t6
tle wig/Cliant Coqo C a p i t a l ________ , ________________________ _ _________ „ ____________

Covered Dock

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AREA CALCULATIONS SUMMARY UVING AREA BREAKDOWN
Coda □ascription Net Totals Breakdown oi&tdtaJa
«LR1 Walk in trfsvei 3230.00 3230.00 Walk In Laval
Gi*a2 Svsoond Abv Cicada JJSrX 1653.45 1553.45 42.5 x 7G.0 3230.00
BSKT Be.seruanfc 2507.70 2507 -70 3accud Abv tir&de Lvl
<3Afc B u ilt In Garage 722.30 725.30 19.2 x 55.3 1073.28
P/P C.Deck 40.00 23.3 x 24. S 580.17
C.&arch 92.00
Covered Deck 364.00
Dacic 384.00
l«o«ar Deck 649.00 1548.00

Net LIVABLE Area (rounded) 4883 3 Items (rounded) 4863

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 TANEY COUNTY
TANEY PLANNING COMMISSION

COUNTY DIVISION III STAFF REPORT

HEARING DATE: Decem ber 9, 2013

CASE NUMBER: 2013-0026

PROJECT: Lost Canyon Cave and Nature Trail

APPLICANTS: White Oak Ventures and Three Johns Company

REPRESENTATIVES: Martin McDonald and Eddie Wolfe

LOCATION: The subject property is located in the 900 block of
Ridgedale Road, Ridgedale, MO; Oliver Township;
Section 7, Township 21, Range 21.

REQUEST: The applicants, W hite Oak Ventures and Three Johns
Com pany are requesting approval of a Division III
Permit authoring the developm ent of the Lost Canyon
Cave and Nature Trails

BACKGROUND and SITE HISTORY:
The subject property consists of a total of +/- 218.05 acres and is comprised of two
large parcels and one 3.2 acre parcel.

The applicant has obtained land disturbance permits for the project via both Taney
County and the Missouri Departm ent of Natural Resources (MoDNR).

GENERAL DESCRIPTION:
The approxim ately 218.05 acre site will be a portion of the Top of the Rock Ozarks
Heritage Preserve and will consist of The Grand Entrance, the Lost Canyon Cave and
nature trails.

The Grand Entrance will be located just w est of U.S. Highway 65 and just north of State
Highway 86, off of Ridgedale Road. The grand entrance will include a registration
building for guests of the golf course, the Ozarks Heritage Preserve and the Lost
Canyon Cave. This area will also include a parking area for guests.

The Lost Canyon Cave is located just to the northwest of State Highway 86 and will be
accessible via the interpretive nature trail. The applicants have indicated that
approxim ately one-third of the total cave area will be operated as a “show cave.” The
re m a in in g p o rtio n of th e ca v e will be k e p t in a n a tive , wild sta te , a nd a t th is tim e will not
be accessible to the public. The show area of the cave will include such features as: a

Division III Staff Report - Lost Canyon Cave and Nature Trail - 2013-0026 Page 1
visitor path, waterfall, elevator, m oonshine still, cave store and observation deck. The
applicant has indicated that the Lost Canyon Cave will have an educational focus on
such issues as rock formations, cave nom enclature, cave plant, wildlife and invertebrate
life, plus information about the past cultural importance that caves played in the Ozarks.
The educational program of the cave will work in conjunction with the Top of the Rocks
Ozarks Heritage Preserve Natural History museum, which will showcase the natural
history of caves.

REVIEW:

The applicant is proposing to access the Top of the Rock Heritage Preserve (including
the Lost Canyon Cave and Nature Trail) primarily via the Grand Entrance directly off of
Ridgedale Road, via State Highway 86. The Lost Canyon Cave will be accessed either
by hiking or electric cart via the nature trails.

Paved parking lots will be provided in close proximity to the Grand Entrance. As a part
of the Division II Permitting process a site plan will be required indicating the specific
number of parking spaces (including handicapped accessible spaces) which will be
provided. The on-site parking provisions of the Taney County Developm ent Guidance
Code do not list such uses as a com m ercial cave and nature trails. However, the
applicant has more than adequate space to provide for the necessary parking needs of
the uses in question.

Guests will park their autom obiles at the parking lot near the Grand Entrance. Guests
will have the opportunity to traverse the Nature Trail either by foot or by electric cart.
Access to the Lost Canyon Cave will be provided via interpretive trail over pathways
through the woods and passing over two Am ish-built covered bridges. The trail circles
through the perim eter of the show cave.

The applicant has obtained land disturbance permits via both Taney County and the
Missouri Departm ent of Natural Resources (MoDNR).

The applicant will be required to obtain the appropriate wastewater permits via the
applicable w astewater permitting entity (either the Missouri Departm ent of Natural
Resources or the Environmental Division o f the Planning Department in Conjunction
with the Missouri Departm ent of Health and Senior Services) for the wastewater
treatm ent system that will serve the restroom at the Lost Canyon Cave and also the
restrooms at the Grand Entrance. The permitting requirements will be based upon
wastewater flows.

The Top of the Rock Heritage Preserve will create a number of year-round and part­
time jobs. A num ber of jobs have also been created by the planning, design and
construction of the project.

All electric utilities serving the developm ent will be placed underground.

Division III Staff Report - Lost Canyon Cave and Nature Trail - 2013-0026 Page 2
The adjoining property im mediately to the north is the Top of the Rock Restaurant and
Golf Course. The adjoining property im m ediately to the south is State Highway 86, with
single-family residential further south. The adjoining property im m ediately to the east is
U.S Highway 65. The adjoining property im m ediately to the west is Ozarks Paradise
Village and vacant property.

The project received a score of 53 on the Policy Checklist, out of a maximum possible
score of 71. The relative policies receiving a negative score consist of solid waste
disposal service, use com patibility and traffic.

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

1. Com pliance with the provisions of the Taney County Developm ent Guidance
Code and the Taney County Road Standards that include plans for the following:
a. Sediment and erosion control (Section 4.1.1)
b. Land Grading Permit for all disturbances of over once acre (Appendix F)
c. Storm water m anagem ent (Appendix B Item 3)
d. Utility easem ents and building line setbacks (Table 12)
e. Im provements with scale of buildings, streets, onsite parking and
utilities.(Table 6)
f. A lighting plan showing the location, height and other specifications on the
lighting to be provided for the developm ent

2. Compliance letters from the W estern Taney County Fire Protection District,
Environmental Division of the Planning Department, Missouri Department of
Natural Resources (MoDNR), including all other entities which have requirements
governing a developm ent of this nature.(Chapter VI-VII)

3. No outside storage of equipm ent or solid waste materials.

4. This decision is subject to all existing easements.

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

6. Prior to issuing Certificates of Compliance (C of Cs) a copy of the W estern Taney
County Fire Protection District Certificate of Occupancy (C of O) shall be provided
to the Planning Department Office.

7. All w aterwater treatm ent systems shall be permitted by the appropriate
wastewater permitting entity.

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

Division III Staff Report - Lost Canyon Cave and Nature Trail - 2013-0026 Page 3
 LOST C A N Y O N CAVE AND N A T U R E
TRAIL

As part of the Top of the Rock Ozarks Heritage Preserve, 6.1 acres has been designated for the Lost
Canyon Cave and Nature Trail.

The Ozarks Heritage Preserve has an amazing underground network of natural wonder and
beauty... a great example of why Missouri is referred to as the Cave State.

A portion of the Lost Canyon Cave has been selected as a special place to showcase the marvelous
nature of a cave and to relate the natural history, karst geology and educational wonders found
here, normally hidden beneath our feet.

The Lost Canyon Cave is only one of several caves within the Top of the Rock Ozarks Heritage
Preserve and Dogwood Canyon that make up an important habitat in the Ozark Mountains. A
conservation policy has been developed at the Top of the Rock Ozarks Heritage Preserve and
Dogwood Canyon to protect these underground resources.

Our goal at the Ozarks Heritage Preserve is to showcase the wonders of caves and the uniqueness of
our karst topography. We hope visitors have a special cave experience, and that we are able to
demonstrate and instill the importance of being a good environmental steward of all caves.

LOST C A N Y O N C AVE

The Lost Canyon Cave is a grand example of the Ozarks Mountain's karst topography and the
formation of a magnificent cave from water penetration through limestone over thousands of years.

Approximately one-third of the total cave will be operated as a "show cave.” The remaining portion
of the cave will be kept in a native, wild state, and at this time will not be accessible to the public.
The show area will highlight the beauty and formations of the cave as well as provide an
educational experience and underground adventure for the visitor, and will include the following:

V isitor Path: A circular pathway through the show cave area that is suitable for the passage of
electric carts and/or individuals walking through the cave.

W aterfall: A cascading waterfall is a main feature of the cave, giving the visitor a sense of the
power of water and creating a water mist that touches the visitor.

Elevator: A modern, yet historic, mining cave elevator will ascend over 100 feet, giving visitors
access to different cave passages. The elevator will have the motion of an old time mining elevator
shaft which shimmies and shakes on its pathway up and down to give the visitor a real sense of our
mining past. It will comply with safety standards.

M oonshine Still: Visitors to the cave will have the opportunity to take the elevator to the top level
and to witness a bit of Hillbilly lore and past culture ... a working moonshine still. The still will be
constructed outside the cave to protect the cave environment.

1
Cave Store: Atop the cave, and accessible by the cave elevator, will be a retail store with fun
books, cave and rock items, food and drink items, soft goods and other items showcasing the Top of
the Rock Heritage Preserve, the Lost Canyon Cave, and other fun Ozark items.

O bservation Deck: Visitors will have the opportunity to take the elevator to the fourth level and
be at the top of the cave, where they will be able to access observation decks with vista views of the
Ozarks.

THE G R A N D E N T R A N C E

The grand entrance will be just east of 65 and just north of Highway 86. The grand entrance will
include a registration building for guests to the golf course, Ozarks Heritage Preserve, and the Lost
Canyon Cave. This will also be the parking lot for guests.

NATURE TRAIL

Visitors coming from the main entrance of the Top of the Rock Ozarks Heritage Preserve will have
the opportunity to traverse the Nature Trail by foot or by electric cart. The trail circles through the
perimeter of the show cave and follows an interpretive trail over pathways through the woods and
passing over two Amish-built covered bridges. The trail showcases the natural beauty of the
Ozarks and the geological formations of the Ozark Mountains, including several natural and
powerfully distinctive "Table Rock” formations. The cave trail has been in works for years, and
hundreds of thousands of man-hours have been put into creating a truly unique trail.

The cave trail leads to the unique building complex of the Ozarks Heritage Preserve.

T H E E D U C A T I O N A L F O C US OF T H E CAVE

The cave will include educational information on rock formations, cave nomenclature, cave plant
wildlife and invertebrate life, plus information about the past cultural importance that caves played
in the Ozarks.

The education of the visitors to the cave will be totally enhanced by the Top of the Rocks Ozarks
Heritage Preserve Natural History Museum, which will showcase the natural history of Ozark caves
with life-size dioramas of animals that roamed the caves thousands of years ago. Visitors will learn
about the short-faced cave bear and the cave lion.

The Natural History Museum will also focus on how caves are formed, the region's karst
topography, and the role of caves with Native Americans and the early Ozark Mountain settlers.

2
 CAVE C O N S E R V A T I O N

A conservation policy has been developed for the Lost Canyon Cave. The conservation policy’s
goals include keeping two-thirds or more of the cave in its wild state, which will help to preserve
the magnificent formations, the underground streams and the unique wildlife that inhabits these
caves. This protection will create a unique biological refuge for animals that live in or visit the
caves. We believe visitors to the preserve and Dogwood Canyon will be amazed when they learn
about the mammals, amphibians, and other creatures that have occupied these caves throughout
history.

A team of cave scientists with a passion for all things speleological has been engaged to develop an
assessment and a master plan for the protection of the caves both here at Ozarks Heritage Preserve
and at Dogwood Canyon. We are working with a nationally recognized cave research foundation
that has been collecting, and will continue to collect special information on these caves and to
interpret their unique natural history, geology, biology, and archaeology.

The Cave Research Foundation has done a biological survey of the cave and, working with the Cave
Research Foundation, the Lost Canyon Cave team established bat-friendly conditions in the upper
levels of the caves.

SUMMARY

The Lost Canyon show cave with its unique features, including breathtaking waterfalls, amazing
cave formations, a cave elevator to enjoy various levels of the cave, and a center pond will be a
tourist destination for Taney County. The cave, the building and features of the Top of the Rock
Heritage Ozarks Preserve, plus the improvements at Big Cedar Lodge, Dogwood Canyon, and the
Outdoor Academy will provide a world class eco-tourism destination for Taney County and
Southwest Missouri. The Top of the Rock Ozarks Heritage Preserve and the other attractions listed
above have been the vision of Bass Pro Shops founder and noted conservationist Johnny Morris,
who has spearheaded these projects.

3
Lost Canyon Cave and Nature Trail Permit#: 13-26

Section Score
Performance

Importance
Division III Relative Policy Scoring Sheet:

Factor
Western Taney County

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 1 5
proposed system may not provide adequate capacity -1
proposed solution may cause surface and/or ground water pollution -2
Environm ental Policies
SOIL LIMITATIONS n/a=
no known limitations 0
potential limitations but mitigation acceptable -1 3 0 0
mitigation inadequate -2
SLOPES n/a=
NOTE: if residential, mark "x" in box......
development on slope under 30% 0
slope exceeds 30% but is engineered and certified -1 4 0 0
slope exceeds 30% and not engineered -2
WILDLIFE HABITAT AND FISHERIES n/a=
no impact on critical wildlife habitat or fisheries issues 0
critical wildlife present but not threatened -1 2 0 0
potential impact on critical wildlife habitat or fisheries -2
AIR QUALITY n/a=
cannot cause impact 0
could impact but appropriate abatement installed -1 2 0 0
could impact, no abatement or unknown impact -2
Land Use C om patibility
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
C om patibility Factors
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 o f 5
Lost Canyon Cave and Nature Trail Permit#: 13-26

Section Score
Performance

Importance
Division ill Relative Policy Scoring Sheet:
Western Taney County

Factor

Score
Value
LOT COVERAGE n/a=
lot coverage compatible with surrounding areas 0
lot coverage exceeds surrounding areas by less than 50% -1 1 0 0
lot coverage exceeds surrounding areas by more than 50% -2
BUILDING BULK AND SCALE n/a=
bulk / scale less than or equivalent to surrounding areas 0
bulk / scale differs from surrounding areas but not obtrusive -1 3 0 0
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
Lost Canyon Cave and Nature Trail Permit#: 13-26

Section Score
Performance

Importance
Division II! Relative Policy Scoring Sheet:

Factor
Western Taney County

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 Econom ic Developm ent
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 3
potential impact on existing industrial uses with no mitigation -2

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 5 2 10
creates seasonal jobs only 0

Site Planning, Design, Occupancy
RESIDENTIAL PRIVACY n/a= X

privacy provided by structural design, or not applicable 2

privacy provided by structural screening 1
privacy provided by landscaped buffers 0 2

privacy provided by open space -1
no acceptable or effective privacy buffering -2

MIXED-USE DEVELOPMENTS n/a= X

uses / 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

Com m ercial Developm ent
DEVELOPMENT PATTERNS n/a=
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 2 6
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
Lost Canyon Cave and Nature Trail Permit#: 13-26

Section Score
Performance

Importance
Division ill Relative Policy Scoring Sheet:

Factor
Western Taney County

Score
Value
DEVELOPMENT 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 3 2 6
no landscaped buffering, but utilizes expanse of land -1
no or inadequate buffering or separation by land -2
Services - Capacity and Access
TRAFFIC n/a=
no impact or insignificant impact on current traffic flows 0
traffic flow increases expected but manageable using existing roads and road accesses -1 2 0 0
traffic flow increases exceed current road capacities -2
EMERGENCY SERVICES 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
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 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 INFRASTRUCTURE 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

Page 4 of 5
Lost Canyon Cave and Nature Trail Permit#: 13-26

Section Score
Performance

Importance
Division ill Relative Policy Scoring Sheet;

Factor
Western Taney County

Score
Value
PEDESTRIAN SAFETY n/a=
separation of pedestrian walkways from roadways by landscape or structural buffer 2
separation of pedestrian walkways from roadways by open land buffer 1 2 1 2
pedestrian walkways abut roadways with no buffering / protection 0
BICYCLE CIRCULATION n/a=
dedicated / separate bike-ways with signage, bike racks, trails 2
bicycle lanes shared with pedestrian walkways but separated by markings / signs 1 1 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 1 4
utilities above ground and not within specific easements -1
no specific management of utilities -2
O pen-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 W aste 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= 23
Maximum Possible Score= 65
Actual Score as Percent of Maximum= 35.4%
Number of Negative Scores= 2
Negative Scores as % of All Applicable Scores= 9.1%

Scoring Performed by: Date:
Bob A tc h le y / B onita K issee N o v e m b e r 26, 2 0 1 3

Page 5 of 5
Project: Lost Canyon Cave and Nature Trail
Permit#: 13-26
Policies Receiving a Negative Score
Importance emergency water supply waste disposal service
Factor 5:
Importance none
Factor 4:
Importance none
Factor 3:
Importance none
Factor 2:
Importance none
Factor 1:
Scoring by: Bob A tch le y / Bonita Kissee
Date: N ove m b e r 26, 2013
 Project: Lost Canyon Cave and Nature Trail Permit: 13-26
As
Max. Possible % Total Negative Scores
Scored
|Scoring 65 23 35.4% 2 9.1%

Max. As Negative Scores
Possible Scored Number of Percent
Importance Factor 5 2 33.3%
sewage disposal 10 5
off-site nuisances 0 0
diversification 10 10
emergency services
right-of-way/roads 5 0
emergency water supply 0 -10
waste disposal service 0 -5
waste disposal commitment
Importance Factor 4 16 8
slopes 0 0
use compatibility 0 0
pedestrian circulation 8 4
underground utilities 8 4
Importance Factor 3 18 12
soil limitations 0 0
building bulk/scale 0 0
waste containers screening
outdoor equip storage
industrial buffer / screening
right to farm 0 0
right to operate
mixed-use developments
development patterns 6 6
development buffering 6 6
water system service 6 0
Importance Factor 2 4 2
wildlife habitat and fisheries 0 0
air quality 0 0
building materials
residential buffer / screening
residential privacy
traffic 0 0
pedestrian safety 4 2
usable open space
Importance Factor 1 2 1
lot coverage 0 0
rooftop vents / equipment
bicycle circulation 2 1
Scoring by: Bob Atchley / Bonita Kissee
Date: November 26, 2013
 IN

Lost Canyon Cave & Nature Trail v^ e
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