P&Z Public Meeting Packet

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 3 8 3 • Forsyth, Missouri 6 5 6 5 3
COUNTY Phone: 417 546-7225 / 7226 • Fax: 417 546-6861
website: www.taneyeounty.org

AGENDA
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
TUESDAY, OCTOBER 14, 2014, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

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

Public Hearing:
Sam's Nightly Rental

Old and New Business:
Tentative

A d jou rnm ent.
 TANEY COUNTY
TANEY PLANNING COMMISSION
COUNTY DIVISION III SPECIAL-USE PERMIT
STAFF REPORT

HEARING DATE: O cto b e r 14, 2014

CASE NUMBER: 2014-0007

PROJECT: S am s Fam ily N ightly Rental

APPLICANTS: M ath ew & Tricia Sam s

LOCATION: The subject property is located at 1264 G oodnight
H ollow Road, W a ln u t Shade, MO; Ja spe r T ow nship;
S ection 10, T ow nship 24, R ange 21.

REQUEST: The applicants, M athew & Tricia Sam s are requesting
approval of a Division III S p ecia l-U se P erm it in order
to utilize an existing, two (2) bedroom , sin gle -fam ily
residence fo r nightly rental.

BACKGROUND and SITE HISTORY:
The Planning D epartm ent issued D ivision I Perm it # 2012-0149, authorizing the
construction of the 1,500 square foot, tw o (2) bedroom , two and o n e -h a lf (2 Vt) bath,
sin gle -fam ily residence. On M arch 3, 2013, a C ertificate of C onfo rm ance w as issued for
the sin gle -fam ily residence.

The prope rty in question is served by an on-site (septic) w a ste w a te r tre a tm e n t system
and a private well.

The current application w as approved fo r C oncept on S e ptem ber 15, 2014.

GENERAL DESCRIPTION:
The subject prope rty is an app ro xim ate ly fourtee n (14) acre m eets and bounds
described parcel o f land (per the A s s e s s o r’s Inform ation via Beacon), w hich contains an
app ro xim ate ly 1,500 square foot, two (2) bedroom , two and o n e -h a lf (2 Vt) bath, sin g le ­
fam ily residence, located at 1264 G oodnight H ollow Road, W a ln u t Shade, MO.

Division III (Special-Use Perm it) Staff R eport - Sams Family - Nightly Rental - 2014-0007 Page 1
REVIEW:
T h e T a n e y C o u n ty D e v e lo p m e n t G u id a n c e C o d e d e fin e s n ig h tly re n ta l a s “A r e s id e n tia l
building, structure, or part th e re o f th a t m ay be rented fo r any period o f tim e less than
thirty (30) days, counting portions of days as full d a ys.” C urrently, the app licants would
have the ability to rent the residence fo r a period o f th irty (30) days or greater.

The exte rio r appearance o f the sin gle -fam ily hom e will rem ain the sam e. Per the nightly
rental provisions of the D evelopm ent G uidance Code, “T he m axim um occup ancy fo r a
N ightly Rental shall be tw o (2) persons per dw elling unit, plus tw o (2) persons per
b e d ro o m .” T he refore, the tw o (2) bedroom hom e w ould have a m axim um o ccup ancy of
six (6) people.

The property is served by an on-site (septic) w a ste w a te r tre a tm e n t system and a private
well. A S eptic P erm it w as not required fo r the installation of the w a ste w a te r tre a tm e n t
system because the property in question is in excess o f the three (3) acres in size.

The property is served by an existing drive o ff o f G oodnight H ollow Road.

Per the nightly rental provisions of the D e velo pm e nt G uidance Code, “O ne (1) off-street
parking space shall be provided fo r each tw o (2) persons of occup ancy in a N ightly
R e nta l.” T h e re fo re a total o f three (3) parking spaces w ill be required. T he residence is
currently served by a tw o (2) car attached garage. The property w ill exceed the
m inim um parking requirem ents o f the D e velo pm e nt G uidance Code.

A nightly rental application falls under the provisions of a Division III S p ecia l-U se Perm it.
Per the provisions o f the D evelo pm e nt G uidance Code, a S pecial-U se P erm it is specific
to the app licant to w hom the perm it is issued and cann ot be tran sferred w ith o u t
Planning C om m ission approval. Per the provisions of the D evelo pm e nt G uidance Code
the S pecial-U se P erm it cannot be used to establish com m ercial co m patib ility fo r or with
any futu re land-use change applications.

The adjoining property im m ediately to the north is G oodnight H ollow Road and vacant
property. T he adjoining property to the south and east is vacant. The adjoining
property to the w e st is predo m inately light residential and vacant.

The project received a total score of -17 on the Policy C hecklist, out of a m axim um
possible score o f 41. The relative policies receiving a negative score consist of offsite
nuisances, right-of-w ay on existing roads, e m e rgency w a te r supply, solid w a ste disposal
service and utilites.

Division III (Special-Use Perm it) Staff R eport - Sams Family - Nightly Rental - 2014-0007 Page 2
STAFF RECOMMENDATION:
If th e T a n e y C o u n ty P la n n in g C o m m is s io n a p p ro v e s th is re q u e s t, th e fo llo w in g
require m en ts shall apply, unless revised by the Planning C om m ission:

1. C o m plia nce w ith the provisions of the T a n e y C ounty D evelo pm e nt G uidance
Code.

2. C o m plia nce letters from the W estern T a n e y C ounty Fire P rotection D istrict and
the M issouri D e partm ent of R evenue; including all other entities w hich have
require m en ts governing a deve lo p m e n t o f this nature shall be provided to the
P lanning D epartm ent o ffice.(C hapter V I-V II)

3. A copy o f a valid M e rch a n t’s License via the T a n e y C ounty C o lle cto r’s O ffice
shall be provided to the Planning D epartm ent.

4. A valid M issouri D epartm ent of R evenue Sales Tax License shall be provided to
the Planning D epartm ent prior to the issuance o f a C ertificate of C om pliance. A
No Tax Due Letter from the M issouri D epartm ent of R evenue shall be subm itted
to the Planning D e partm ent office annually, indicating that the sales taxes have
been paid.

5. No outside storage o f e q u ipm ent or solid w a ste m aterials.

6. This decision is subject to all existing easem ents.

7. This residence shall accom m odate (sleep) no m ore than six (6) persons per
night. The total occupancy m ay be fu rth e r lim ited based upon the provisions of
the W estern T an ey C ounty Fire P rotection D istrict requirem ents and regulations.

8. T he S am s Fam ily N ightly R ental has been approved as a S p ecia l-U se Perm it.
T h e refore the perm it is specific to the app licant to w hom the perm it is issued and
cann ot be transferred w ith out Planning C om m ission approval. The S pecial-U se
P erm it shall not be used to establish com m ercial com patib ility fo r or with any
futu re land-use change applications.

9. This D ecision o f Record shall be filed w ith the T an ey C ounty R e cord er’s O ffice
w ith in 120 days or the approval shall expire (C hapter II Item 6).

Division III (Special-Use Perm it) Staff R eport - Sams Family - Nightly Rental - 2014-0007 Page 3
Sams Family - Nightly Rental Permit#: 14-07

Section Score
Performance

Importance
Division III Relative Policy Scoring Sheet:

Factor
Eastern Taney County

Score
Value
W ater Q uality
SEWAGE DISPOSAL n/a=
centralized system 2

on-site treatm ent 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

Environm ental Policies
STORM DRAINAGE n/a= X

on-site stormwater retention and absorption with engineered plans 2

on-site stormwater retention and absorption w ithout 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 abatem ent installed -1 4

could impact, no abatem ent 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 C om patibility
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 0 0

impact readily apparent / out of place -2

Page 1 of 5
Sams Family - Nightly Rental Permit#: 14-07

Section Score
Performance

Importance
Division III Relative Policy Scoring Sheet:
Eastern Taney County

Factor

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

no rooftop equipm ent / 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 W ASTE 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 o f 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 Econom ic Developm ent
AGRICULTURAL LANDS n/a= X

no conversion of Class l-IV agricultural land to other use(s) 0 1
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 developm ent 0
potential impact but can be mitigated -1 2

potential impact on existing industrial uses with no mitigation -2

Page 2 of 5
Sams Family - Nightly Rental Permit#: 14-07

Section Score
Performance

Importance
Division Hi Relative Policy Scoring Sheet:

Factor
Eastern Taney County

Score
Value
DIVERSIFICATION n/a= X

creates >=5 full-time, year-round jobs outside o f recreation / resort sector 2
creates full-time, year-round and seasonal jobs 1 4

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
Com m ercial Developm 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 - Capacity and Access
UTILITIES n/a=
adequate utilities capacity as evidenced by letter from each utility 0
adequate utilities capacity without formal letter from each utility or not from all utilities -1 4 -1 -4

inadequate information to determine adequacy of utilities -2
TRAFFIC n/a=
no impact or insignificant impact on current traffic flows 0
traffic flow increases expected but manageable using existing roads and road accesses -1 2 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
Sams Family - Nightly Rental Permit#: 14-07

Section Score
Performance

Importance
Division HI Relative Policy Scoring Sheet:
Eastern Taney County

Factor

Score
Value
RIGHT-OF-W AY OF EXISTING ROADS n/a=
greater than 50 ft. right-of-way 1
50 ft. right-of-way 0
5 -2 -10
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
comm unity 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 W ATER SUPPLY n/a=
fire hydrant system throughout developm ent 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 developm ent / 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 developm ent 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

Page 4 of 5
Sams Family - Nightly Rental Permit#: 14-07

Section Score
Performance

Importance
Division Ml Relative Policy Scoring Sheet:
Eastern Taney County

Factor

Score
Value
O pen-Space Density
USABLE OPEN SPACE n/a= X

residential developm ents (>25 units) include more than 25% open recreational space 2
residential developm ents (>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 W ASTE 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 W ASTE 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= -17
Maximum Possible Score= 41
Actual Score as Percent of Maximum= -41.5%
Num ber of Negative Scores= 4
Negative Scores as % of Total Score= 11.4%

Scoring Performed by: Date:

Bob Atchley / Bonita Kissee-Soutee October 7, 2014

Page 5 of 5
Project: Sams Family - Nightly Rental
Permit#: 14-07
Policies Receiving a Negative Score
Importance right-of-way / roads emergency water supply waste disposal service
Factor 5:
Importance utilities
Factor 4:
Importance none
Factor 3:
Importance none
Factor 2:
Importance none
Factor 1:
Scoring by: Bob A tchley / Bonita Kissee-Soutee
Date: October 7, 2014
Eastern District Relative Policies: Division III Permit

Project: Sams Family - Nightly Rental Permit: 14-07
Max. As
% Total Negative Scores
Possible Scored
[scoring 41 -17 -41.5% 4 36.4%

Max. As Negative Scores
Possible Scored Num ber of Percent
Importance Factor 5 5 -25 3 100.0%
sewage disposal
right-of-way / roads 5 -10
em ergency w ater supply 0 -10
waste disposal service 0 -5
waste disposal com m itm ent

Importance Factor 4 16 8 1 25.0%
storm water drainage
air quality
off-site nuisances 8 8
use com patibility 0 0
diversification
developm ent buffering
utilities 0 -4
pedestrian circulation
underground utilities 8 4

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

w ater systems 6 0

Importance Factor 2
residential landscape buffers

right to operate
residential privacy 4 0

traffic 0 0

pedestrian safety
usable open space

Importance Factor 1
agricultural lands
bicycle circulation

Scoring by: Bob A tchley / Bonita Kissee-Soutee
Date: October 7, 2014
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