P&Z Regular 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 383 • Forsyth, Missouri 65653
COUNTY Phone: 417 546-7225 / 7226 • Fax: 417 546-6861
website: www.tcmeycounty.org

AGENDA
TANEY COUNTY PLANNING COMMISSION
REGULAR MEETING
MONDAY, JUNE 15, 2015, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

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

Review and Action:
Minutes, June 2015

Final Votes:
Rosewood
410 Nightly Rental

Concepts:
No concepts this month

Old and New Business:
Tentative

Adjournment.
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
^JggpCOUNTY Phone: 417 546-7225 / 7226 • Fax: 417 546-6861
website: www. taneycounty. or£

MINUTES
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, MAY 11, 2015, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Chairman Steve Adams called the meeting to order with seven members present.
They were: Steve Adams, Dave Stewart, Randy Fogel, Doug Faubion, George Cramer,
Randy Haes, and Brad Lawrence. Staff present: Bob Atchley and Bonita Kissee-Soutee.

Mr. Atchley read the public hearing procedures and presented the exhibits.

Public Hearings:
Music City Motors; a request by the Highway 248 Group, LLC to add a number of
specific uses to the permitted pre-owned auto sales facility. Steve Redford was present
to represent the request. Mr. Atchley read the staff report and presented pictures and a
video of the site. Mr. Faubion asked where the 25' buffer was located and Mr. Atchley
stated it was on the back side of the property where the only residential was located.
Mr. Fogel addressed #4 of the decision of record; Mr. Redford stated that he would not
agree to that because it would require hooking to City sewer. He also stated that on the
property was already a well when he purchased it. In Mr. Redford's opinion, a holding
tank is better than a port a potty. He also stated that he has issues with how the Code
is interpreted, and pointed out that in the staff report, the staff had strongly
recommended he hook to central sewer which he does not feel is being fair to him. In
his opinion he is not asking for anything out of the ordinary and that in his opinion the
Code doesn't address hours of operation. Discussion followed regarding the first
application which permitted a mobile office. Mr. Adams asked if any of the cars are
worked on at this property. Mr. Redford reported that no there was no work done other
than changing a battery etc., he has someone come in and detail the cars. Mr. Adams
addressed the junk behind the building, and asked if plans are to continually have
things onsite that have been taken off the cars, and suggested putting the junk in a
building out of site. Mr. Cramer asked how long Mr. Redford planned to test the market.
Mr. Redford stated that at least a year but feels the business will continue. Mr. Cramer
asked that if it would be that long that he would need a permanent restroom. Mr.
Redford stated that it would take a long time to go through the City and that a port a
pottys would be sufficient in his opinion. The Planning Commission discussed density,
compliance, number of customers, and water and wastewater. Mr. Redford discussed
the Code, zoning, and map. Mr. Atchley clarified the points of the Code for the Planning
Commission. Mr. Redford continued the discussion regarding wastewater, customers,
number of employees, and water. Mr. Fogel pointed out that on the original decision of
record it stated that if water was used on the property the restroom should be
connected to the City. Mr. Atchley clarified the record stating that at this time
everything has been disconnected and the tank that was used for wastewater is not to
be used for that. Mr. Faubion asked if the correct tank was used would it be allowed.
Mr. Atchley stated that not if sewer is available the state department of health and
senior services would not allow a holding tank to be utilized. Mr. Redford stated that the
current owner of the property refused to annex. Mr. Stewart stated that if the buildings
were removed the property would be in compliance, and currently needs a permit to
add the other uses. No one signed up to speak. This project will proceed to final vote
next week.

Shepherd Nightly Rental; a request by Profund Capital, LLC to utilize an existing
four bedroom single family residence for nightly rental. Mr. Atchley read the staff report
and presented pictures and a video of the site. Mr. Shepherd addressed questions from
the Planning Commission and the public. Mr. Shepherd stated that he will not allow
boats to be parked onsite, and also stated that he had discussed wastewater with the
sewer department and that with the current plans it does not need to be upgraded. He
also stated that if required he will make any necessary upgrades. If approval is not
given, he will go ahead and rent longer than 30 days, which would prevent him from
utilizing it with his family. He only wants to rent it to fill in the time that he isn't using it.
Mr. Cramer discussed number of people and wastewater. Bernard Harris who is a
neighbor presented aerial views of the property. He wanted to point out how close his
property is to this property. In his opinion there isn't room to upgrade the wastewater
system. The road is narrow, and would not accommodate normal sized cars to pass. In
his opinion there isn't enough parking and that the driveway is too steep and he fears
the renters will want to park on his property because of this. Mr. Faubion pointed out
that they can park on the right of way. Mr. Haes stated that the road is county
maintained and is a 40' right of way. Mr. Harris stated that if cars do park there would
deny him access to his property in his opinion. He also pointed out that this is a
residential subdivision, single family not business. He feels that nightly rental is not
compatible with this neighborhood. He presented the subdivision covenants which
stated that it is for single family residential only. Mr. Shepherd addressed the questions
presented by Mr. Harris. He stated that there will be cars parked in the garages as well
as outside. He stated he would address boat parking in the rental agreement. If he
wanted to rent the home for a year by law he can and that the term nightly rental
doesn't correctly address the use in his opinion. He stated that he can rent it for 30
days whether the renters stay that long or not. Mr. Haes stated that the neighbors keep
their properties maintained much better than the County Road Department can. Mr.
Adams asked Mr. Haes to visit the site and report back by the next meeting. Mr. Harris
stated that there are other nightly rentals in the neighborhood that have not been
permitted as well as all over the area. Mr. Stewart confirmed that access to the
property is in the back in case any sewer work would need to be done. There being no
other discussion this project will precede to final vote next week.

Old and New Business:
Mr. Adams discussed staff recommendations for the nightly rental. He informed
the Commission that they can amend any recommendations the staff makes.

Mr. Atchley reported that the County Commission's Attorney had indicated that
since the request to reopen the restaurant in Kissee Mills was never issued a Division III
permit and that because of this a Division II permits cannot be required. Discussion
followed.

Adjournment:
With no other business on the agenda for Monday, May 11, 2015 the meeting
adjourned at 7:56 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: 417 546-6861
website: www.taneycounty.org
MINUTES
TANEY COUNTY PLANNING COMMISSION
REGULAR MEETING
MONDAY, MAY 18, 2015, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Chairman Steve Adams called the meeting to order at 6:00 p.m. A quorum was
established with six members present. They were: Steve Adams, Randy Haes, Dave
Stewart, Rick Caudill, Brad Lawrence, and Doug Faubion. 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; April 2015; with no additions or corrections, a motion was made by Rick
Caudill to approve the minutes as written. Seconded by Brad Lawrence. The vote to
approve the minutes was unanimous.

Final Votes:
Music City Motors; request by Highway 248 Group, LLC for additional uses on
property located at 1818 State Highway 248. Mr. Atchley clarified the proposed decision
of record and gave the Commission an update of holding tanks in Missouri Law.
Missouri looks at holding tanks as a temporary solution only. Mr. Caudill asked if
approval is given and a restroom facility is constructed if they would have to annex into
the City. Mr. Atchley stated that the project would need to annex if the property is
contiguous but that it would be at the City of Branson's discretion. Mr. Redford stated
that the current property owner would not agree to annexation, and also stated in his
opinion this request should not have been brought before them because it is not a
change of use. Discussion followed with Mr. Redford stating that in his opinion the
Planning Commission was not interpreting their Code correctly. Mr. Atchley clarified why
Mr. Redford was required to obtain an additional Division III Permit. After discussion,
Rick Caudill made a motion to approve based upon the proposed decision of record.
There was no second, therefore the motion died. Mr. Faubion then made a motion to
allow the applicant to continue operating the business as is without the proposed
decision of record. Discussion followed regarding the restroom facility. The Planning
Commission reviewed the previous decision of record. Mr. Stewart pointed out that the
previous approval was just the sale of cars. Mr. Faubion restated his motion and
pointed out that if Mr. Redford was out of compliance with the wastewater it was out of
the Planning Commission's hands anyway and that issue would go before the health
department. Mr. Haes seconded for discussion and asked whether the proposed
decision of record would be in place. The Planning Commission stated that it would not
apply. Mr. Redford asked if approval was not given and he would go through the
process of appeal with the Board of Adjustment, where would it go from there. Mr.
Atchley clarified the process. Mr. Stewart made a motion to deny based upon the
property not conforming with state statutes. Mr. Lawrence seconded. The motion
carried with four in favor of denial and three against. Mr. Atchley explained the appeal
process to Mr. Redford.

Shepherd Nightly Rental; request by Profund Capital, LLC for a nightly rental use
on existing property located at 290 Lone Pine Road. Mr. Atchley read the proposed
decision of record. Mr. Stewart discussed #5 of the decision of record. Mr. Atchley
clarified #5. There were no other questions. Mr. Stewart made a motion to approve
based upon the decision of record. The motion was seconded by Doug Faubion. Mr.
Caudill voted nay. The vote carried with four in favor and one against with the
Chairman not voting.

Concepts:
Rosewood; a request by Sarah Rein to utilize an existing building for special use
events such as weddings, showers, retreats, classes, parties, reunions, etc. located at
673 Rosewood Drive. Mr. Atchley presented an aerial view of the property and clarified
the request. Ms. Rein explained that she wants to use the property for multi-use.
Discussion followed. Mr. Atchley explained special use. Mr. Haes stated that Rosewood
Drive is not currently maintained by the County. With no other discussion this project
will proceed to public hearing next month.

Lakestyle Boat Dock Parking; a request by Clint Kasten to allow parking on an
adjacent lot to an already approved parking lot located at Lot 21 Happy Hollow Road.
Eddie Wolfe representing the applicant clarified the request. Mr. Atchley stated that the
applicant had received previous approval for the same use on the property next to this
one. There might be from seven to ten parking places according to the representative.
Mr. Wolfe discussed state regulations, and how Stone County does this type of permit.
Mr. Adams asked why this request was coming before them. Mr. Atchley clarified the
reason being that this property is on a different parcel. Mr. Wolfe told the Planning
Commission how they could approve this request without hearing it in open session.
The Planning Commission decided not to hear this request. Mr. Atchley will take care of
the request in house.

410 Nightly Rental; a request by Dennis Beanland to operate a nightly rental
business from an existing structure located at 410 Newton Road. Mr. Atchley clarified
this request. Mr. Beanland explained his proposal. Discussion followed regarding fire
district rules, and previously using the site as nightly rental without a permit. With no
other discussion this request will proceed to public hearing next month.
Old and New Business:
Mr. Adams discussed Roberts Rules. Further discussion ensued regarding state
statutes.

Adjournment:
With no other business on the agenda for Monday, May 18, 2015 the meeting
adjourned at 7:07 p.m.