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 383 • Forsyth, Missouri 65653
COUNTY Phone: 417 546-7225 / 7226 • Fax: 417 546-6861
website: www. taneycounty, orjy

AGENDA
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, APRIL 11, 2016, 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:
The Majestic at Table Rock, LLC

Old and New Business:
Tentative

Adjournment.
 TANEY COUNTY
TANEY PLANNING COMMISSION
COUNTY DIVISION III PERMIT
STAFF REPORT
HEARING DATE: April 11, 2016

CASE NUMBER: 2016-0008

PROJECT: The Majestic at Table Rock Timeshare

APPLICANT: Majestic at Table Rock, LLC - Daniel Ruda

LOCATION: The subject property is located at 345 Lenhart
Lane, Branson, MO; Branson Township;
Section 10, Township 22, Range 22.

REQUEST: The applicant, Majestic at Table
Rock, LLC - Daniel Ruda is requesting the
Planning Commission approval of a Division III
Permit allowing for future units within the
permitted, high density, multi-unit development
to be marketed and sold as timeshare units.

BACKGROUND and SITE HISTORY:

The subject property is a +/- 10.50 acre tract of land (per the Assessor’s information as
contained within Beacon) platted as The Majestic at Table Rock Condominiums, located
at 345 Lenhart Lane, Branson MO.

The staff has not enumerated the entire history of the development but has chosen to
instead highlight the general events that relate directly to the current timeshare request.
On August 14, 1989 the Taney County Planning Commission approved Division III
Perm it# 1989-0087 which authorized a high density residential development use, which
was to held in a condominium style of ownership (originally referenced as Paradise
Point Condominiums). Condition # 13 of Division III Permit # 1989-0087 Decision of
Record states that, “Only condominium use is being approved with this
application, time share use is not a part o f this perm it.” The August 14, 1989
Planning Commission Meeting minutes denote that “If Mr. Huffman wants time share
as a use, he will have to come back for a perm it for that.’’

The original Division III Permit Decision of Record does not denote a specific number of
units that were approved by the Planning Commission. However, a letter written from
the original, applicant’s engineer to the Planning Administrator at the time specified that
the wastewater treatment plant would serve up to 123 units upon completion of two
phases of treatment plant construction. The property in now served by Branson
municipal sewer. On May 18, 2005 Greg Smith, the Planning Administrator wrote a

Division III Permit Staff Report - The Majestic at Table Rock Timeshare - 2016-0008 Page 1
letter to the developer at the time (Missouri Partners, Inc.) indicating his understanding
that the condominium project was approved for 123 units.

On April 4, 2000 the Taney County Planning Administrator wrote a letter to the City of
Branson Planning Administrator which states, “This project consisted o f a 10.9 acre
tract to be developed as a Condominium project that had the ability of nightly
rental. The nightly rental option makes it possible for these condominiums to be
marketed as timeshares.” However, the staff was unable to locate any evidence that
would suggest that the timeshare of this property was approved via the Planning
Commission approval of an additional Division III Permit.

An April 11, 2005 letter from the Planning Administrator to the developer at the time
(Missouri Partners Inc.) indicates that in 1999 a Court Order was handed down by
Judge Eiffert, pursuant to a Mandate from the Missouri Court of Appeals, which held
that the original Division III Permit was valid and in effect.

On November 16, 2005 the Board of Adjustment approved a request from The Majestic
at Table Rock, LLC for an appeal of the October 17, 2005 decision to deny 37 additional
condominium units by the Planning Commission. This Board of Adjustment decision
increased the density of the condominium development from 123 units to 160 total units.

On March 16, 2009 the Planning Commission held a Concept Hearing in which the
Commission heard a Division III Permit request from Dan Ruda, in which the applicant
was requesting the Planning Commission of a Division III Permit authorizing the
fractional ownership of the Majestic Point Condominiums. However, the Planning
Department records indicate that this Division III Application was withdrawn.

The current application was approved for Concept on March 21, 2016.

GENERAL DESCRIPTION:

The applicant, Majestic at Table Rock, LLC - Daniel Ruda is requesting the Planning
Commission approval of a Division III Permit allowing for future units within the
permitted, high density, multi-unit development to be marketed and sold as timeshare
units.

REVIEW:

In 1989 the Planning Commission approved what is now the Majestic at Table Rock
Condominiums (originally referenced as Paradise Point Condominiums), with a
condition specifying that the timeshare use was not being approved as a part of the
permit. On April 4, 2000 Chris Hall, former Taney County Planning Administrator wrote
a letter to the City of Branson Planning Administrator which states, “This project
consisted o f a 10.9 acre tract to be developed as a Condominium project that had
the ability o f nightly rental. The nightly rental option makes it possible for these
condominiums to be marketed as timeshares.” I believe that Mr. Hall may have
been referencing Appendix N from the Development Guidance Code in place at the time
of the drafting of the letter (included in the packets for reference). Per the provisions of
A p p e n d ix N “ N ig h tly R e n ta l c o n s titu te s a c o m m e rc ia l u s e and to be permitted as
such. Nightly rentals constitute any condominium or townhouse that m ay be
Division III Permit Staff Report - The Majestic at Table Rock Timeshare - 2016-0008 Page 2
rented for any period o f time less than one month. Assurance o f classification will
be made through the filing of restrictive covenants when the plat is recorded.” I
believe that Mr. Hall may have been indicating to Mr. Coulter (Branson Planning
Administrator) that the nightly rental option existed, allowing the applicant to apply for a
Division III Permit making it possible for the condominiums to be marketed as
timeshares. However, the staff was unable to locate any evidence that would suggest
that the timeshare of this property was approved via the Planning Commission approval
of an additional Division III Permit.

The eighty-nine (89) existing condominium units are served by with public sewer via the
City of Branson and public water via the Missouri American Water Company. All future
units will be served by public sewer and water.

The applicant is strictly requesting the Planning Commission authorization of the
Division III Permit which would allow for the ownership style of all future units to be
timeshare. The exterior appearance of the multi-family development will remain the
same.

The adjoining property immediately to the north is single-family residential, the southern
Comfort and Friendly Hills Subdivisions. The adjoining property immediately to the
south and west is property owned by the U.S. Army Corps of Engineers and Table Rock
Lake. The adjoining property immediately to the east is primarily vacant residential lots
within the Friendly Hills Subdivision.

The project received a score of 0 on the Policy Checklist, out of a maximum possible
score of 29. The relative policies receiving a negative score consist of off-site
nuisances, right-of-way on existing roads, emergency water supply, and use
compatibility.

Division III Permit Staff Report - The Majestic at Table Rock Timeshare - 2016-0008 Page 3
STAFF RECOMMENDATIONS:

If the Taney County Planning Commission approves Division III Permit # 2016-0008, the
following requirements shall apply, unless revised by the Planning Commission:

1. Compliance with the provisions of the Taney County Development Guidance
Code.

2. Compliance letters from the Western Taney County Fire Protection District, the
City of Branson and the Missouri American Water Company shall be submitted to
the Planning Department Office, including all other entities which have
requirements governing a development of this nature (Chapter VI-VII).

3. Up to seventy-one (71) future condominiums units will be authorized to be
marketed and sold as timeshares.

4. This decision is subject to all existing easements.

5. Division II Permits shall be required for all applicable structures in the
development (Chapter 3, Section 1, Item B).

6. Prior to the issuance of Division II Certificates of Conformance (C of Cs), the
developer shall first present a Final Inspection from the Western Taney County
Fire Protection District to the Taney County Planning Department Office.

7. This Decision of Record shall be filed with the Taney County Recorder’s Office
within 120 days or the approval shall expire (Chapter 2, Item 6).

Division III Permit Staff Report - The Majestic at Table Rock Timeshare - 2016-0008 Page 4
Development Codes Appendix N, Page 131

APPENDIX N
RURAL RESIDENTIAL COMPATIBLE USES

1. Agricultural Use

2. Single-Family Detached Dwellings

3. Churches and parish halls, temples, convents and monasteries

4. Schools

5. Public parks, playgrounds, and community buildings

6. Home occupations as defined in Appendix E

The following residential uses are considered to be compatible if another similar use
exists within a 1000 foot radius of the proposed use; or the use has been previously
recorded on an existing plat:

1. Two family dwellings

2. Condominiums, Townhouses (not for nightly rental). Nightly rental constitutes
a commercial use and to be permitted as such. Nightly rentals constitute any
condominium or townhouse that may be rented for any period of time less than
one month. Assurance of classification will be made through the filing of
restrictive covenants when the plat is recorded. (Amended 1989, 1993)

3. Apartment complexes

4. Multiple-family dwellings

Mobile Homes as Residential Structures Compatible Uses

1. Mobile Home

2 . Mobile Home Parks
 PH ASE 1, BUILDING 1, A S RECONSTRUCTED AND
PH ASE 2, BUILDING 2, A S RECONSTRUCTED
MAJESTIC A T TABLE ROCK CONDOMINIUM WHICH RE P L A C E S THE P L A T IN
SLIDE I, A T PAGES 6 0 8 -6 1 1 AND PLAT IN SL ID E J, A T P A G E S 1 2 6 - 1 2 9
"THE AMENDED P L A T ”
LOCATED IN THE N W l/4 S W 1 /4 OF
F IL E D SECTION 10, TOWNSHIP 2 2 NORTH, RANGE 2 2 WEST
- ' OF THE 5 t h PRINCIPAL MERIDIAN
TAN EY COUNTY, M ISSOURI
DOCUMENT JzZiZeSZH---------

SO' ROAD CASCUtNT DOCK JW. AT PACf 2011 -

lb

Surveyed for MAJESTIC A T TABLE ROCK. LLC AN D THE MAJESTIC A T TABLE
ROCK CONDOMINIUM ASSOC!A TION. IN C
WOLFE SURVEYING. INC.
EDDIED. WOLFEP.LS. 2190 (PRESIDENT)
GRAPHIC SCALE PATRICK W. BROWNP.L.S. 2013020061 (VICEPRESIDENT!
JACK E. HOUSEMAN P.L.S. 2005019222 (SECRETARY)
210 Sooth Third Slntl. Bmnion. UO 65S16
Phone: 417-3U-8820 Foe U7-J34-3I3I
UCHT-OF
The Majestic at Table Rock Timeshare Permit#: 16-08

Section Score
Performance

Importance
Division III Relative Policy Scoring Sheet:

Factor
W estern 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 2 10
proposed system may not provide adequate capacity -1
proposed solution may cause surface and/or ground w ater 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.......
developm ent 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 abatem ent installed -1 2

could impact, no abatem ent 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 -1 -5
cannot be mitigated -2

Com 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 o f place -2

Page 1 o f 5
The Majestic at Table Rock Timeshare Permit#: 16-08

Section Score
Performance

Importance
Division III Relative Policy Scoring Sheet:

Factor
W estern 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 m aterials equivalent to existing surrounding structures 0
proposed m aterials 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 equipm ent 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 W ASTE 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 o f land 0 2

no landscaped buffer between residences and local streets -1
no landscaped buffer from any road -2

Page 2 o f 5
The Majestic at Table Rock Timeshare Permit#: 16-08

Section Score
Performance

Importance
Division III Relative Policy Scoring Sheet:

Factor
W estern Taney County

Score
Value
LANDSCAPED BUFFERS - INDUSTRIAL n/a= X

approved landscaped buffer from public roads 0
minimal landscaped buffer, but compensates with expanse o f 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 m inor 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 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, O ccupancy
RESIDENTIAL PRIVACY n/a= X

privacy provided by structural design, or not applicable 2

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

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

MIXED-USE DEVELOPMENTS n/a= X

uses / functions are compatible or not applicable 2

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

C om m ercial Developm ent
DEVELOPMENT PATTERNS n/a= X

clustered developm ent / 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 developm ent with no appreciable sharing of facilities -1
unclustered developm ent with no sharing or ability to share facilities -2

Page 3 of 5
The Majestic at Table Rock Timeshare Permit#: 16-08

Section Score
Performance

Importance
Division III Relative Policy Scoring Sheet:

Factor
W estern 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 o f 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= X

structure size and/or access can be serviced by em ergency equipm ent 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-W AY OF EXISTING ROADS n/a=
greater than 50 ft. right-of-way 1
50 ft. right-of-way 0
40 ft. right-of-way -1
less than 40 ft. right-of-way -2

Internal Im provem ents
W ATER SYSTEM SERVICE n/a=
central water system meeting DNR requirements for capacity, storage, design, etc. 2

community well / water system meeting DNR requirements 1
private wells meeting DNR requirements 0 3 2 6
private wells not meeting any established standards -1
individual / private wells -2

EMERGENCY 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 INFRASTRUCTURE n/a= X

paved and dedicated walkways (no bicycles) provided throughout developm ent 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

Page 4 of 5
The Majestic at Table Rock Timeshare Permit#: 16-08

Section Score
Performance

Importance
Division III Relative Policy Scoring Sheet:

Factor
W estern Taney County

Score
Value
PEDESTRIAN SAFETY n/a= X

separation o f pedestrian walkways from roadways by landscape or structural buffer 2
separation o f 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 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 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= X

weekly service is available and documentation of availability provided 0
weekly service reportedly available but not documented -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= 0
Maximum Possible Score= 29
Actual Score as Percent of Maximum= 0.0%
Number of Negative Scores= 4
Negative Scores as % of All Applicable Scores= 50.0%

Scoring Performed by: Date:

Bob A tchley and Bonita Kissee-Soutee April 1, 2016

Page 5 o f 5
Project: The Majestic at Table Rock Timeshare
Permit#: 16-08
Policies Receiving a Negative Score
Importance off-site nuisances right-of-way/roads emergency water supply
Factor 5:
Importance use compatibility
Factor 4:
Importance none
Factor 3:
Importance none
Factor 2:
Importance no n e
Factor 1:
Scoring by: Bob Atchley and Bonita Kissee-Soutee
Date: April 1, 2016
 Project: The Majestic at Table Rock Timeshare Permit: 16-08
As
Max. Possible % Total Negative Scores
Scored
|scoring 29 0 0.0% 4 50.0%

Max. As Negative Scores
Possible Scored Num ber of Percent
Importance Factor 5 15 -1 0 3 75.0%
sewage disposal 10 10
o ff-s ite n u is a n c e s 0 -5
diversification

em ergency services

rig 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 -10
waste disposal service
waste disposal com m itm ent

Importance Factor 4 8 4 1 50.0%
slopes
use c o m p a tib ility 0 -4
pedestrian circulation
underground utilities 8 8

Importance Factor 3 6 6
soil lim itations
building bulk/scale
waste containers screening
outdoor equip storage

industrial buffer / screening
right to farm
right to operate
mixed-use developm ents
developm ent patterns
developm ent buffering
water system service 6 6
Importance Factor 2
w ildlife habitat and fisheries
air quality
building materials
residential buffer / screening
residential privacy
traffic 0 0
pedestrian safety
usable open space

Importance Factor 1
lot coverage

rooftop vents / equipm ent
bicycle circulation

Scoring by: Bob A tchley and Bonita Kissee-Soutee
Date: A pril 1, 2016
 4/5/2016

The Majestic at Table Rock, LLC
200 Majestic Lane, Branson, MO
Division III Permit Case # 2016-0008
Taney County GIS - Beacon

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The Majestic at Table Rock, LLC
200 Majestic Lane, Branson, MO
Division III Permit Case # 2016-0008
Pictometry - View from the North

The Majestic at Table Rock, LLC
200 Majestic Lane, Branson, MO
Division III Permit Case # 2016-0008
Pictometry - View from the South

5
 4/5/2016

03/1 5/2015 Select Date - < image 1 of 11 >

The Majestic at Table Rock, LLC
200 Majestic Lane, Branson, MO
Division III Permit Case # 2016-0008
Pictometry - View from the East

The Majestic at Table Rock, LLC
200 Majestic Lane, Branson, MO
Division III Permit Case # 2016-0008
Pictometry - View from the West

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