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P&Z Public Meeting Packet

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P&Z Public Meeting Packet

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TANEY T aney C o u n t y P l a n n in g C o m m issio n
P. O. Box 383 • Forsyth, Missouri 65653
COUNTY Phone: 417 546-7225 / 7226 • Fax: 417 546-6861
website: www.tcmeyeotmty.org

AGENDA
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, AUGUST 8, 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 Hearings:
Hyden Nightly Rental, 535 Lakewood Dr.
Hyden Nightly Rental, 319 Lemon wood Lane
Hyden Nightly Rental, 260 Lemonwood Lane
Vanderlink T1 Wireless Internet Tower
2087 YC Henry Nightly Rental (Find your Beach, DADJED, LLC)
Bear Creek Farms

Old and New Business:
Tentative

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

HEARING DATE: August 8, 2016

CASE NUMBER: 2016-0014

PROJECT: Hyden, 535 Lakewood Nightly Rental

APPLICANTS: Terry & Jana Hyden

REPRESENTATIVE: Jordan Rielly

LOCATION: The subject property is located at 535 Lakewood Drive,
Hollister, MO; Oliver Township; Section 10, Township
21, Range 22.

REQUEST: The applicants, Terry & Jana Hyden are 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.

BACKGROUND and SITE HISTORY:
On April 5, 2002 Division I Permit # 2002-0122 was issued, authorizing the construction
of a 30’ x 55’ single-fam ily residence, located at 535 Lakewood Drive, Hollister. Per the
Assessor’s information, as contained within Beacon, the single-fam ily residence in
question is approxim ately 1,713 square feet in size.

On February 20, 2002 Septic P e rm it# 2002-0099 was issued, authorizing the
construction of an onsite wastewater treatm ent (septic) system, consisting of a 1,000
gallon concrete tank and 200’ of lateral line.

On June 9, 2016, a form al com plaint was submitted to the Planning Departm ent office
by neighboring property owners, indicating that the properties located at 260
Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood Drive, Hollister, MO were
being utilized for w hat the Developm ent Guidance Code defines as “nightly rental” ,
without the issuance of a Division III Special Use Permit. The com plaint form has since
been signed by a total of forty (40) adjoining property owners via an attached signature
list.

On June 15, 2016, a Stop W ork Order was issued to Mr. & Mrs. Hyden both via
certified, return receipt mail and a posting on the property; giving Mr. & Mrs. Hyden ten
(10) days from the date of service to seek com pliance with the provisions of the
Developm ent Guidance Code and also asking the Hydens to cease all nightly rental
o p era tion s im m e dia tely until such tim e th a t th e y obtain a D ivision III S p e c ia l-U se P erm it
for nightly rental. As of the date of this report, there is an active nightly rental

Division III Special-Use Permit Staff Report - Hyden, 535 Lakewood Nightly Rental - 2016-0014 Page 1
advertisem ent on the Airbnb website. This nightly rental residence located at 535
Lakewood Drive is advertised on the Airbnb website as the Log Cabin - Lakeview of
Table Rock.

Upon receipt of the Stop W ork Order, the applicants, Terry & Jana Hyden im m ediately
submitted three (3) Division III Special-Use Permit applications requesting Planning
Commission authorization of the nightly rental use of the three (3) properties in question
(260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood Drive, Hollister, MO).

The current application was approved for Concept on July 18, 2016.

GENERAL DESCRIPTION:

The subject property (approxim ately .26 acres (11,325.60 square feet) per the
Assessor’s information) is known as Lot thirteen (13), Block Two (2), Lakeside South
Addition to Ozarks Paradise Village. The property in question contains an
approxim ately 1,713 square foot (Per the Assessor’s information) single-fam ily
residence. The residence is listed on the Airbnb website as containing three (3)
bedrooms and two (2) bathrooms. The Airbnb website lists Jordan as the Airbnb Host.
Jordan Rielly is also the representative for this application.

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) calendar days, counting portions of days as full days.” Therefore, 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 .” Therefore, per these provisions, the three (3) bedroom home would have a
maximum occupancy of up to eight (8) people.

The property in question is served by an individual, onsite septic system. On February
20, 2002 the septic system was permitted by the Taney County Regional Sewer District
via Septic Permit # 2002-0099. On July 13, 2016 the Onsite W astew ater Permitting
staff visited the three (3) homes located at 260 Lemonwood, 319 Lemonwood and 535
Lakewood Drive in order to complete a visual inspection of the three (3) septic systems.
W hile walking the lateral field area of each home no problems or issues were observed
at this time. No surfacing effluent in the treatm ent field area or septic tank area was
observed. For the continued m aintenance of the septic system serving each home, the
staff is recommending that each septic tank be pumped each five (5) to seven (7) years,
or more frequently if required.

The property in question is currently served by an existing drive off of Lakewood Drive.

Division III Special-Use Permit Staff Report - Hyden, 535 Lakewood Nightly Rental - 2016-0014 Page 2
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 four (4) parking spaces will be required. The residence is
currently served by a two (2) car garage and driveway; meeting the minimum parking
requirements of the Developm ent Guidance Code. The Airbnb site for this property
states that, “Free parking is available on the property and additional parking for larger
vehicles is available upon request.” The property in question has adequate parking for
automobiles. However, the staff recommends that a condition be placed on the
Decision of Record stating that no recreational vehicles (RVs), trailers, boats or other
w atercraft shall be parked onsite, unless they are to be stored w ithin the garage.

The adjoining property im mediately to the north is Lakewood Drive, with single-fam ily
lots within the Lakeside Estates Addition to Ozarks Paradise Village being located
further to the north. The adjoining property im m ediately to the south is a vacant lots
within the Lakeside South Addition to Ozarks Paradise Village, with additional vacant
and single-fam ily residential lots within the Lakeside South Addition to Ozarks Paradise
Village being located further to the south. The adjoining property im m ediately to the
east and west are single-fam ily residential lots within the M oore’s Oasis Subdivision.

Pursuant to the provisions of Appendix E, Section 4.7.15 of the Developm ent Guidance
Code, “A buffer shall be established between any structure utilized for nightly rental and
any existing residential land use, meeting the requirements of Appendix H, Section
6(Technical Plans)” of the Developm ent Guidance Code. These provisions of the
Developm ent Guidance Code allow the Planning Commission the discretion to allow the
buffer to be a vegetative buffer or privacy fence, wall, landscaped earthen berm or other
screening device.

The project received a total score of -19 on the Policy Checklist, out of a maximum
possible score of 29. The relative policies receiving a negative score consist of off-site
nuisances, em ergency w ater supply, solid waste disposal service and use compatibility.

STAFF RECOMMENDATION:
If the Taney County Planning Commission approves Division III Permit # 2016-0014, the
following requirem ents 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
Missouri Departm ent of Revenue and the Environmental Division of the Planning
Department; including all other entities which have requirem ents governing a
developm ent of this nature shall be provided to the Planning Department
office.(C hapter VI-VII)

3. 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.

Division III Special-Use Permit Staff Report - Hyden, 535 Lakewood Nightly Rental - 2016-0014 Page 3
4. This residence shall accom modate (sleep) no more than eight (8) persons per
night. The total occupancy may be further limited based upon the provisions of
the W estern Taney County Fire Protection District requirem ents and regulations.

5. In the event that the on-site wastewater treatm ent system begins to surface,
showing signs of failure, the property owner shall either repair or replace said
system ensuring capacity for the nightly rental of the building, ensuring that the
system will adequately meet the needs of up to eight (8) people.

6. A minimum of one (1) off-street parking space shall be designated as a
handicapped parking space. No recreational vehicles (RVs), trailers, boats or
other w atercraft shall be parked onsite, unless the will be stored within the
garage.

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

8. This decision is subject to all existing easements.

9. Opaque fencing shall be provided along the north and south side property lines,
between the nightly rental residence in question and the adjoining single-fam ily
residences.

10.The Hyden, 535 Lakewood Nightly Rental has been approved as a Special-Use
Permit. Therefore the permit is specific to the applicant to whom the perm it is
issued and cannot be transferred without Planning Commission approval. The
Special-Use Permit shall not be used to establish commercial com patibility for or
with any future land-use change applications.

11 .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 - Hyden, 535 Lakewood Nightly Rental - 2016-0014 Page 4
Hyden 535 Lakewood Nightly Rental Permit#: 16-14

Section Score
Performance

Importance
D ivision III Relative Policy S coring Sheet:

Factor
W estern Taney C ounty

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 0 0
proposed system may not provide adequate capacity -1
proposed solution may cause surface and/or ground water pollution -2

E nvironm ental P olicies
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 C o m p a tib ility
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 o m p a tib ility 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
Hyden 535 Lakewood Nightly Rental Permit#: 16-14

Section Score
Performance

Importance
D ivision III Relative Policy S coring Sheet:

Factor
W estern Taney C ounty

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 o f 5
Hyden 535 Lakewood Nightly Rental Permit#: 16-14

Section Score
i

Performance

Importance
D ivision III Relative Policy S coring Sheet:

Factor
W estern Taney C ounty

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 E conom ic D evelopm 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, 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 compatiblity factors -2

C om m ercial D evelopm 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
Hyden 535 Lakewood Nightly Rental Permit#: 16-14

Section Score
Performance

Importance
D ivision III Relative Policy S coring Sheet:

Factor
W estern Taney C ounty

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 - C apacity and A ccess
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
0 I 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 -1 0

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 of 5
Hyden 535 Lakewood Nightly Rental Permit#: 16-14

Section Score
Performance

Importance
D ivision III Relative Policy S coring Sheet:

Factor
W estern Taney C ounty

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 0 0
utilities above ground and not within specific easements -1
no specific management of utilities -2
Open-Space D ensity
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 D isposal
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 W eighted Score= -19
Maximum Possible Score= 29
Actual Score as Percent o f Maximum= -65.5%
Number o f Negative Scores= 4
Negative Scores as % o f All Applicable Scores= 40.0%

Scoring Performed by: Date:

B ob A tc h le y a n d B o n ita K is s e e -S o u te e J u ly 2 6 , 9D1P;

Page 5 of 5
Project: Hyden 535 Lakewood Nightly Rental
Permit#: 16-14
Policies Receiving a Negative Score
Importance off-site nuisances emergency water supply waste disposal service
Factor 5:
Importance use compatibility
Factor 4:
Importance none
Factor 3:
Importance none
Factor 2:
Importance none
Factor 1:
Scoring by:Bob Atchley and Bonita Kissee-Soutee
Date: July 26, 2016
Project: Hyden 535 Lakewood Nightly Rental Permit: 16-14
As
Max. Possible % Total Negative Scores
Scored
|sco rin g 29 -19 -65.5% 4 40.0%

Max. As Negative Scores
Possible Scored Number of Percent
Im portance Factor 5 15 -15 3 50.0%
sewage disposal 10 0
o ff-s ite n u is a n c e s 0 -5
diversification

em ergency services 0 0
right-of-way/roads 5 5
e m e rg e n cy w a te r s u p p ly 0 -10
w a s te d is p o s a l s e rv ic e 0 -5
waste disposal com m itm ent

Im portance Factor 4 8 -4 1 50.0%
slopes
use c o m p a tib ility 0 -4
pedestrian circulation

underground utilities 8 0

Im portance Factor 3
soil limitations
building bulk/scale
waste containers screening
outdoor equip storage
industrial buffer / screening
right to farm
right to operate

m ixed-use developm ents
developm ent patterns
developm ent buffering
w ater system service 6 0
Im portance Factor 2
w ildlife habitat and fisheries
air quality
building materials

residential buffer / screening
residential privacy
traffic 0 0
pedestrian safety
usable open space

Im portance Factor 1
lot coverage

rooftop vents / equipm ent
bicycle circulation

Scoring by:Bob Atchley and Bonita Kissee-Soutee
Date: July 26, 2016
TANEY T aney C ounty P lanning C ommission
P. O . B ox •■'S3 * F orsyth, M issouri (>5653
COUNTY Pboue: 417 546-7?25 / 7226 • Fax: 417 546-6Mij
e - m a il: r c b r is l j & c o . t n n n . in o . u i

TANEY COUNTY PLANNING COMMISSION
COMPLAINT REPORT
(All information herein is confidential)
NAME OF PERSON'S) FILING COMPLAINT:Jom and Linda Bokel and see attached sheet

lbTELEPHONE OF PERSON FILING COMPLAINT: 417-343-9736
(Musi hove# in order to follow-up. With no follow up, plione complaint will not bo considered.
NAME OF PROPERTY OWNER OF VIOLATING PROPBRTYTerry and Jana Hyden____________
PROPERTY WHERE VIOLATION IS CX'C :JRRJNC- 319 Lemonwood, 260 Lemonwood, 535 Lake
TELEPHONE i? OF PROPERTY OWNER WHERE VIOLATION IS OCCURRINQ417-861-7701____
(Please include area code)

EXPLAIN TYPE OPCODE
VIOLATION/COM PLAINT
The-iiomes-at-3J!^temonwood-tarre;'260temorrwocd-Larte-artd-535irakewoochBrivei«li------ -

rental*------------------------------------------- —-----------:------------------------------------------
AHthree homes are being advertteed-fef-feftfreB-Afc&Bk and -pssstbty- oth er -wefe-sit&sr—There—

docks,--------------------------------------------------------------------------------------------------------
Thft hnme.owners do jioi.know-tbe-centets^and are.-not present during the rentala ..The homes...
all appear to already ha hnnked for many days this summer.of 2Q.1.6. We.w ould.like this_______
adMyJxLStop an d w9.WQuld-likfiJhfiirLtQj:gig£elibeJjJliire-xeataL&, re-fund tbe. customers__ _ _ _

SIGNATURE OF PERSON FILING COMPLAIN" Id t
C-?
DATE:. 2 ^2 1
(Complaint report must bo signed u: order u> b%* followed up. Unsigned c'uopW nls wil! not b e iMMideud. A),
tefrn&ati.3 :1 obtained is strictly confidcutiaL However, this doctur.eul ts:sy bo used In court jf this matter cannot be
rectified by any other m eans. Person's violating the Taney County Developm ent Guidance Code « ill be so;:; a a-'lice
o f violation via certified m ail and j>ivea £ period o f 10 days from the tim e they receive said notice to ted ify said
problem .)

DATE INSPECTION PERFORMliD: INSPECTOR:
FWUiN*'!S Or INSPECTOR-

NOV if: • DATE MAILED: _____ DATE CR RECEIVED:
Signatures on Complaint to Taney County
Regarding:
Nightly Rentals at 319 Lemonwood lane, 260 Lemonwood Lane and 535
Lakewood Drive
P r in t e d N a m e ADDRESS S IG N A T U R E

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Signatures on Complaint to Taney County
Regarding:
Nightly Rentals at 319 Lemonwood lane, 260 Lemonwood Lane and 535
Lakewood Drive
Printed Name ADDRESS SIGNATURE

(M I d d W U

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fWdcJO
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£ 2~gro h <^4m7c.
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Regarding:
Nightly Rentals at 319 Lemonwood lane, 260 Lemonwood Lane and 535
Lakewood Drive
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Airbnb, Inc. [US] https://www.airbnb.com/rooms/12973395?s=Gy2FoHrk

W h e re to? Become a Host Trips M«
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Branson Piano 0 %

535 Lakewood Dr ^ o o k -L n

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County, x /g\ Hollister, MO, United Stat x Hollister, MOf United Sic; x ‘ ^ Log Cabin- Lakevievv of T x ^
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Airbnb, Inc [US] https://www.airbnb.com/rooms/12973395?s=Gy2FoHrk

Photos A bout this listing Reviews The Host Location $175
Log Cabin- Lakeview of Table Rock
Check in Check out Gues
Hollister, MO, United States
mm/dd/yyyy mm/dd/yyyy

©
Jordan Entire home/apt 6 Guests 3 Bedrooms 3 Beds
Request to Book

Your C redit Card w ill not be charged

About this listing

Beautiful house near Table Rock Lake.

C ontact Host Save to Wish List

2 travelers saved this place
The Space Accommodates: 6 Beds: 3
Bathrooms: 2 Property type: House Email 0 Messenger — M
Bedrooms: 3 Room type: Entire home/apt
House Rules
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Amenities
Kitchen y Essentials
D
TV 2 Shampoo

+ More

Prices Extra people: No Charge Security Deposit: $250
Cleaning Fee: $85 Cancellation: S trict
V-N X T <£\ Hollister, MO, United Stat x ^ ^ Hollister, MO, United Sta x 7 ^ Log Cabin- Lakeview of T x

Inc. [US] https://www.airbnb.com/rooms/12973B95?s=Gy2FoHrk

os About this listing Reviews The Host Location $175 Per Night

iriptio n Sleeping Arrangements Check in Check out Guests

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© ©
Bedroom 1 Bedroom 2
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1 king bed 1 queen bed

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©
Bedroom 3
1 queen bed

Save to Wish List
Beautiful house near Table Rock Lake.
2 travelers saved this place

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se Rules No smoking

Not suitable fo r pets
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ty Features Smoke Detector

lability 2 nights minimum stay V ie w Calendar

\ -------’ ' " " I 1
1 ' ■ ■ ■ A
-ounty, I Hollister, MO, United Sta x ^ </g\ Hollister, MO, United Sta x T ($\ Log Cabin- Lakeview o f ' x'

irbnb, Inc. [US] https://www.airbnb.com/rooms/12973395?s=Gy2FoHrk

Photos A bout this listing Reviews The Host Location $175 Per Ni

Check in Check out Guest;
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ty ,: x Hollister, MO, United Sto x ^ . Hollister, MO, United Si x ^ /$\ Log Cabin- Lakeview of T x

bf Inc. [US] https://www.airbnb.com/rooms/12973395?s=Gy2FoHrk

tos About this listing Reviews The Host Location
eS
H H Mn wm i
$175
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teview
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Our host was very responsive and accommodating. If any problems Your Credit Card will not be charged

arose he helped us figure them out. The house was very clean and fit 6
comfortably. The house was fully stocked and had everything we
needed. The house was in a great location, just up the road from Big
Carley
Cedar and close to some quiet coves and the cliffs. Went for 4th of July
and the dock was a great place to watch all the fireworks displays. Save to Wish List

July 2016
2 travelers saved this place

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July 2016
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ty x T Sb Hollister, MO, United St; x ^ /£\ Hollister, MO, United St x J Log Cabin- Lakeview of T x ^

b, Inc. [US] https://www.airbnb.com/rooms/12973395?s=Gy2FoHrk

jtos About this listing Reviews The Host Location $175 Per Night

Check in Check out Guests
ur Host
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Jordan
Dallas, Texas, United States • Member since January 2016 Request to Book

My fiance and I are young professionals who love to travel, spend time with
Your Credit Card will not be charged
our families, and w ork hard.

We are getting married in Sept 2016!

Response rate: 100%
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sla/.
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 3 Forsyth, Missouri 65653
COUNTY Phone: 417 546-7225 / 7226 • Fax: 417 546-6861
website: www. taneycounty. org

Terry L & Jana D Hyden
12293 N Hwy 123
Walnut Grove, MO 65770

Terry,
After an onsite visit July 13, 2016 at the homes located at 260 Lemonwood, 319 Lemonwood & 535
Lakewood to do a visual inspection of the septic system for any issues that are occurring at this time.
While walking the lateral field areas of each home no problems or issued were observed at this tim e. No
surfacing effluent in the treatm ent field area or septic tank area was observed. For the continued
maintenance o f the septic system at each home I would recommend getting the septic tank pumped
each 5-7 years or more frequently if required.

O - t/tf/w &
SCOTT STARRETT
TANEY COUNTY PLANNING
417-546-7225-OFFICE
417-546-0764-MOBILE
417-546-6861-FAX
scotts(5)co.tanev.mo.us
July 23,2016

Bob Atchley
Administrator
Taney County Planning and Zoning
P O Box 383
Forsyth, Missouri 65653
Dear Sir:
I am writing you in regards to Terry Hyden renting his properties. We live at 569
Lakewood Drive. First of all this is against the code of covenants by living in Oakmont
subdivision that you cannot rent out or run a business out of your home.
Mr. Hyden had a family living in the home and they had children and the boys did
damage in our neighborhood while they were renting. They bashed out the truck
windows of our neighbor’s truck, the done damage at Oakmont’s boat dock and they took
some golf carts from Paradise Point and ran them into the lake.
Thomas Bahler who owns the house in our cal-de-sac was renting his home out weekly
and there was constant commotion going on all the time. He was living in California and
had a property management company looking after his property, I called Mr. Bahler
because he had given us a key and wanted us to watch out for his home and told him he
couldn’t be renting out his home nightly or weekly because it was against the code of
Oakmont Community so he said he was surprised that the property management company
didn’t tell him this - well they were just looking out for the money so he said it wouldn’t
be happening again and didn’t. He then found a couple you leased it for 2 years and did
all the repairs on the home by the renters they had in there and it was a mess.
We as property owners do not like this happening because it opens up crime in our
neighborhood. They know your comings and goings and we didn’t build these homes to
have every Tom, Dick or Harry moving in. We live anyway between Paradise Point and
Big Cedar and have constant traffic as is and they are using our driveways and turning
around, stopping and asking where this or that - a lot of changes going on and all we
came out here for was peace and quiet and enjoy the lake. This is a residential area.
Thank you for reading this letter and would appreciate your co-operation in getting this
stopped. Will be seeing you at the meeting August 8th. Would you like this going on
next door to your residence?

Sincerely,

Sharon Wingert
569 Lakewood Drive
Hollister, Missouri 65672
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sine '
Taney County Planning and Zoning
Attention: Mr. Bob Atchley, Administrator

Regarding: Hyden; Special Use Permit Application for nightly rental of 319 Lemonwood Ln,
260 Lemonwood Ln, and 535 Oakwood St

To Taney County Commissioners and Taney County Planning and Zoning:

We live next door to the house located at 319 Lemonwood Lane where Terry Hyden is applying
for a special use permit to rent it out nightly. My husband and I have owned our home at 331
Lemonwood Lane for 32 years. We also own the large triangular lot across the street from our
house, Terry Hyden’s house and the house on the other side of Terry Hyden. Last year we
spent our life savings rebuilding our house so we could live here the rest of our lives. We did
this based on the fact that we are located in a nice single family neighborhood which is separat­
ed from the tourist rental industry. The neighborhood of Moore’s Oasis has ALWAYS been
singly family residential homes. Moore's Oasis subdivision is on a circular street with no outlet
and no thru access. We are buffered from the tourist industry by blocks of other single family
residences in Oakmont where they pay dues and have covenants that disallow the nightly rental
of homes. Years ago, one person in Moore’s Oasis wanted to split their house into two apart­
ments and all of the neighbors got that stopped based on the fact that we are a singly family
residential subdivision. Everyone who has invested money into homes here, did so based on
them being single family homes! After owning here for 32 years, I had every reason to believe
we were protected from a house in the neighborhood being turned into a nightly rental business.

Before we rebuilt, we had many conversations with Terry Hyden about the homes and the sub­
division in general. Terry Hyden always indicated to us that the house next door to us was for
his personal use and he said he bought the other two houses for his family’s use and as an in­
vestment to re-sell someday. He never indicated that he would try to turn these homes into
nightly rental businesses. I would NEVER had invested the money I did into my house if I had
had any idea this could happen in my neighborhood. Terry lied to us and the neighbors when
we asked about persons we started seeing in the houses on Lemonwood last year. He said
they were his employees. When I talked to the people staying in these houses, they had no idea
who Terry even was. This was my first tip off that something odd was going on. But with our
rebuilding underway, we were not able to stay in our house last year and could not really track
what was happening.

This year we found out that Terry Hyden is full blown advertising all three houses for rent on­
line, on the web site Airbnb. The two on Lemonwood were advertised with the use of docks
which is not permitted by the Corps of Engineers. We alerted the County and the Corps that
this was going on immediately after Memorial weekend. The County P&Z department issued a
cease and desist letter and posted signs in the yard telling Mr Hyden he could not rent the
houses further unless he had a permit. Terry took down the signs that same day and has con­
tinued to rent the places non-stop. Terry has lied and said he is not getting paid! We and other
neighbors talked to some of the customers and the customers tell us they are paying to stay
there.

The customers think they are renting from a guy named Jordan. Terry has made his daughter,
Hunter Hyden, and her soon to be husband, Jordan, the contacts for the rentals on Airbnb. Jor­
dan and Hunter live in Texas. This is all manipulated to break up the money trail and to further
try to hide what is going on. All three houses have remained on Airbnb with new rentals being
made even after he was told to cease and desist. Terry Hyden has tried to continue the lie at
the concept meeting that these are non-paying people he knows even after being caught red
handed renting them!

Terry has continued to have the renters use the boat stalls and the docks even after being told
by the Corp that you cannot let non-permitees use your boat stalls. Terry Hyden has shown he
does not care about rules, regulations or neighbors.

Terry has allowed the renters to pack as many people into the houses as they can. There is
even a review on line where the people claim they exceeded the ten persons which is even too
many for these small houses. None of the houses are four bedroom as was claimed at the con­
cept meeting. But that is just more lies. It does not matter to me if he was told he could rent to
only two persons. I did not move next door to a tourist rental on purpose. Terry Hyden has
shown he does not follow any rules put forth anyway.

It is the responsibility of Planning and Zoning to delineate and separate residential from com­
mercial properties. Currently, persons using the Blue Green Resorts at Big Cedar and Paradise
Pojnt use Crestview Street to go back and forth between the two locations. The Blue-Green
Resorts really should use Estate Street since it is more direct and does not have the homes that
Crestview has. Crestview Street and westward is all residential, with many homes having been
established well before the condos ever existed. We have many many long term singly family
residents and we deserve to be protected from the tourist industry taking over our neighbor­
hoods. I applaud Bob Atchely’s idea to try to delineate and identify the rental areas. In our case
we have an overwhelming majority of residences that want this from Crestview Street west.

Terry Hyden’s three homes are all within strictly residential areas and need to be denied permits
that will commercialize the neighborhood. These house are being rented to anyone who can
use a computer and has a credit card. The Hydens do not know who these customers are and
no one is present to monitor anything that goes on. The customers or their companions could
be a thief, a sexual predator, or a pedofile and we have no protection.

No one is present during those rentals except the renters and we the neighbors are left to deal
with whoever rented the place. I have witnessed drug use on the back deck by the customers.
We had a house full of Arabic guys partying all night long. Those guys got there at 4:20 am and
were still up all the next day and night. People who rent un-monitored houses like this probably
do so for a reason. It is probably because they want to engage in some activity that they
couldn't get away with at a resort that is monitored. I did not feel comfortable going out in my
own back yard alone. I should not have to feel this way at home.

There is no place for this type of business in a platted residential subdivision of singly family
homes and this permit should be denied. The Hydens should be prosecuted for their complete
disregard for the law and regulations.

Sincerely,

Linda and Tom Bokel
Bob Atchley
AdrTfnistrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

~T~kr<cj U )i±-$orJ
St I 9 o am m O ftiofr'
)-|e ll.5 T 6 a ,
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County tl neighborhoods and deny this permit.

Sincerely,

?£Te#S o^i
I <7*2. L e m o ,* £Joo0
A/oM 'st-sR ^ s h lZ L -
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sincerely,

V \?iH l A i k & £ ( ? ( z 3

i ^ 77 C •
l-U ))i jTg-ft , JO\0 b S 'b 7 2.
July 5, 2016

Mr. Bob Atchley, Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, Mo 65653

Re: 260 Lemonwood Lane, Hollister, Mo. 65672
319 Lemonwood Lane, Hollister, Mo. 65672

Dear Mr. Atchley,

We would like to go on record as being against the above referenced properties being granted a perm it
to conduct nightly and/or vacation rentals. These homes are in a long standing subdivision called
Moore's Oasis, which is zoned for single family residences only, not businesses such as short term o r
vacation rentals.

Our home is directly across the street from 260 Lemonwood Lane. We have experienced a disruption of
our normal peace and quiet with six to eight cars in the driveway, two or more parked in the yard and
trucks pulling boats parked in the road, which is a one lane road at best. Excessive noise, loud music and
m otor cycles coming and going have also been a somewhat "normal" situation at this home. Trash left
around the driveway finds its way to homes adjacent to or across from this home with almost every
"weekend guest."

We feel that Mr. Hyden is no longer interested in keeping our neighborhood as it has been for decades.
If this was his primary residential neighborhood, we doubt he would be attempting to turn it into a short
term rental area and creating the nuisance he has for the rest o f the subdivision.

At this point there are constantly strange vehicles riding the circle checking out our homes, the boat
dock and causing most o f us to feel unsafe in our own subdivision.

Singlehandedly, Mr. Hyden's "rental business" is bringing our property values down with his lack o f
upkeep on these tw o properties. Displaced roof shingles on 260 Lemonwood Lane have been there for
over a year, w ith the promise of his getting a new roof for about that same time period. The tarp that
he has had tied around his chimney at 319 Lemonwood fo r six months or more is also an indication of
much needed repair causing a concern to potential buyers driving through this area. It's very obvious
that Mr. Hyden no longer has any pride o f ownership in these homes.

We ask that you consider a very strong denial o f his efforts to rent and profit in this neighborhood
where most o f us live full time or have summer residences in which up until now, we have enjoyed a
safe and peaceful environment.

George and Polly LaRock
Bob Atchley
Administrator
Taney County Planning and Zoning
P. O. Box 383
Forsyth, MO 65653
Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood, and 535
Lakewood, Hollister, MO
Dear Mr. Atchley,
We are against the owners of the houses at 260 Lemonwood, 319 Lemonwood, and 535
Lakewood being granted a permit to conduct a nightly vacation rental business. These
houses are surrounded by long established single-family residential homes. Allowing
nightly rentals within these neighborhoods is inappropriate. There are covenants within
both neighborhoods which state that homes shall remain single-family residential and that
the homes should not be converted into tourist rental businesses.

I
285 Lemonwood Lane
Hollister, MO 65672
501-590-0749
P.S. On June 13, 2016, at approximately 11:00 p.m., I was making sure the house was
locked up and preparing for bed. As I was locking the door opening to the screen porch, I
heard voices coming from the Corps of Engineer property directly behind our house. I
stepped out onto the porch and could distinguish a vehicle parked in the turnaround spot
there. I then heard the tinkling sound of glass hitting glass. I was frightened to the point
that when I finally went to bed around midnight, I retrieved the gun that we keep in a
secure location and put it in the nightstand beside my bed. The people were still there
behind the house at midnight.
I cannot verify that these people were renters from any of these homes; however, this has
never happened in the three years we’ve been here. I was certain it was none of my
neighbors, but I thought it could be someone’s family member or friend using their home;
I had just arrived at the house that day and was unaware that the houses were being
rented. Therefore, I did not call the police.
The next day, I found dozens of beer bottles thrown in a heap beside the parking spot I
mentioned.
Thank you for your consideration.
July 2, 2016

Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood Dr., Hollister, MO

Dear Mr. Atchley,

I am against the houses owned by Terry and Jana Hyden at 260 Lemonwood Lane, 319
Lemonwood Lane and 535 Lakewood Drive being granted a permit to conduct a nightly vacation
rental business. These houses are surrounded by long established single family residential
homes and allowing nightly rental businesses within these neighborhoods is an inappropriate
use of the homes. There are covenants within both neighborhoods which state homes shall
remain single family residential and the homes should not be converted into tourist rental
businesses as nightly rentals. The covenants for Oakmont Association specifically prohibit
nightly rentals.

Please consider the interests of the permanent residents of this Taney County neighborhood
and deny this permit.

Warren & Cynthia Schuler
801 Hillcrest Dr.
Ridgedale, MO 65739
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sincerely,

H o i / , ’ s f c r / M o . L s Q O I-
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sincerely,
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sincerely,

M o .

"3 3 H
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sincerely,
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sincerely,
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sincerely,

la. ^
?.-f.- C / ‘
i

L

/
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sincerely,
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

i am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sincerely,
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sincerely,
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sincerely,
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

[ am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sincerely,
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

773 C /U s T v t0 ** -k£ -
A( o
c $-7$
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sit

/O ft- -
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted aperm it to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sincerely,
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to aiiow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

i am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sincerely,

^
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Since
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

«2 ol \ A
o | \\ 5T6 c ffv? (& iT (o X.
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sincerely,

/ i

/
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

sntial neighborhoods and deny this permit.
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sincerely,

Mrs Lillian M Krueger
369 Crestview Dr
Ridgedale, MO 65739
Bob Atchley
Administrator
Taney County Planning and Zoning
RO. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sinnffrfilv
Bob Atchley
Administrator
Taney County Planning and Zoning
P.O. Box 383
Forsyth, MO 65653

Regarding Permit to allow nightly rentals at 260 Lemonwood, 319 Lemonwood and 535
Lakewood , Hollister MO

Dear Mr. Atchley,

I am against the houses at 260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood
Lane being granted a permit to conduct a nightly vacation rental business. These houses are
surrounded by long established single family residential homes and allowing nightly rental
businesses within these neighborhoods is an inappropriate use of the homes. There are
covenants within both neighborhoods which state homes shall remain single family residential
and the homes should not be converted into tourist rental businesses.

Taney County should protect the residential neighborhoods and deny this permit.

Sincerely,
N
Hyden Nightly Rental, 535 Lakewood Dr
7/22/2016

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Division III Permit Case # 2016-0014
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535 Lakewood Drive Nightly Rental
535 Lakewood Drive, Hollister, MO
Division III Permit Case # 2016-0014
Pictometry - View from the North

535 Lakewood Drive Nightly Rental
535 Lakewood Drive, Hollister, MO
Division III Permit Case # 2016-0014
Pictometry - View from the South

6
7/22/2016

535 Lakewood Drive Nightly Rental
535 Lakewood Drive, Hollister, MO
Division III Permit Case # 2016-0014
Pictometry - View from the East

535 Lakewood Drive Nightly Rental
535 Lakewood Drive, Hollister, MO
Division III Permit Case # 2016-0014
Pictometry - View from the West

7
T h e T aney C o u n ty
P l a n n in g C o m m i s s i o n

P ro p e rty L o catio n:

H e a rin g L o catio n: Tanoy C ounty C ourtjjous

T lm e i& O O PM Date:

Phone: 4 1 7 - 5 4 6 ^ 2 2 5
TANEY COUNTY
PLANNING COMMISSION
DIVISION III SPECIAL-USE PERMIT
STAFF REPORT

HEARING DATE: August 8, 2016

CASE NUMBER: 2016-0015

PROJECT: Hyden, 319 Lemonwood Nightly Rental

APPLICANTS: Terry & Jana Hyden

REPRESENTATIVE: Jordan Rielly

LOCATION: The subject property is located at 319 Lemonwood Lane,
Hollister, MO; Oliver Township; Section 10, Township
21, Range 22.

REQUEST: The applicants, Terry & Jana Hyden are 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.

BACKGROUND and SITE HISTORY:
Per the A ssessor’s information, as contained within Beacon, the single-fam ily residence
in question is approxim ately 1,509 square feet in size and was constructed in 1965.
The residence was constructed prior to the adoption of the Developm ent Guidance
Code in 1984. Therefore a Division I (Residential Construction) Permit and a Septic
Permit will not exist for the property in question.

On June 9, 2016, a form al com plaint was submitted to the Planning Departm ent office
by neighboring property owners, indicating that the properties located at 260
Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood Drive, Hollister, MO were
being utilized for w hat the Developm ent Guidance Code defines as “nightly rental” ,
w ithout the issuance of a Division III Special Use Permit. The com plaint form has since
been signed by a total of forty (40) adjoining property owners via an attached signature
list.

On June 15, 2016, a Stop W ork Order was issued to Mr. & Mrs. Hyden both via
certified, return receipt mail and a posting on the property; giving Mr. & Mrs. Hyden ten
(10) days from the date of service to seek compliance with the provisions of the
Development Guidance Code and also asking that Mr. & Mrs. Hyden cease all nightly
rental operations im m ediately until such time that they obtain a Division III Special-Use
Permit for nightly rental. As of the date of this report, there is an active nightly rental
advertisem ent on the Airbnb website. This nightly rental residence located at 319
Lemonwood Lane is advertised on the Airbnb website as the I a ke front H ouse on T able
Rock.

Division III Special-Use Permit Staff Report - Hyden, 319 Lemonwood Nightly Rental - 2016-0015 Page 1
Upon receipt of the Stop W ork Order, the applicants, Terry & Jana Hyden im m ediately
submitted three (3) Division III Special-Use Permit applications requesting Planning
Commission authorization of the nightly rental use of the three (3) properties in question
(260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood Drive, Hollister, MO).

The current application was approved for Concept on July 18, 2016.

GENERAL DESCRIPTION:

The subject property (approxim ately .32 acres (13,939.20 square feet) per the
Assessor’s information) is known as All of Lot two (2), Block A of M oore’s Oasis
Subdivision. The property in question contains an approxim ately 1,745 square foot (Per
the Assessor’s information) single-fam ily residence. The residence is listed on the
Airbnb website as containing three (3) bedrooms and two (2) bathrooms. The Airbnb
website lists Jordan as the Airbnb Host. Jordan Rielly is also the representative for this
application.

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) calendar days, counting portions of days as full days.” Therefore, 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 .” Therefore, per these provisions, the three (3) bedroom home would have a
maximum occupancy of up to eight (8) people.

The property in question is served by an individual, onsite septic system. The
construction of the septic system predates the C ounty’s onsite w astewater permit
requirements. On July 13, 2016 the Onsite W astew ater Permitting staff visited the three
(3) homes located at 260 Lemonwood, 319 Lemonwood and 535 Lakewood Drive in
order to com plete a visual inspection of the three (3) septic systems. W hile walking the
lateral field area of each home no problems or issues were observed at this time. No
surfacing effluent in the treatm ent field area or septic tank area was observed. For the
continued m aintenance of the septic system serving each home, the staff is
recommending that each septic tank be pumped each five (5) to seven (7) years, or
more frequently if required.

The property in question is currently served by an existing drive off of Lemonwood
Lane.

Division III Special-Use Permit Staff Report - Hyden, 319 Lemonwood Nightly Rental - 2016-0015 Page 2
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 four (4) parking spaces will be required. The residence is
currently served by a half circle driveway which would accom m odate four (4) or more
cars; meeting the minimum parking requirements of the Developm ent Guidance Code.
The Airbnb website for this property states that, “Free parking is available on the
property and additional parking for larger vehicles is available upon request.” The
property in question has adequate parking for automobiles. However, the staff
recommends that a condition be placed on the Decision of Record stating that no
recreational vehicles (RVs), trailers, boats or other w atercraft shall be parked onsite,
because there simply may not be adequate space o f RVs, trailers, boats and w atercraft.

The adjoining property im mediately to the north and south is single-fam ily residential
lots within the M oore’s Oasis Subdivision. The adjoining property im m ediately to the
east is Lemonwood Lane, with single-fam ily residential lots within the M oore’s Oasis
Subdivision being located further to the east. The adjoining property im m ediately to the
west is property owned by the US Arm y Corps of Engineers, with Table Rock Lake
being located further to the west.

Pursuant to the provisions of Appendix E, Section 4.7.15 of the Developm ent Guidance
Code, “A buffer shall be established between any structure utilized for nightly rental and
any existing residential land use, meeting the requirements of Appendix H, Section 6
(Technical Plans)” of the Developm ent Guidance Code. These provisions of the
Developm ent Guidance Code allow the Planning Commission the discretion to allow the
buffer to be a vegetative buffer or privacy fence, wall, landscaped earthern berm or
other screening device.

The project received a total score of -34 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, em ergency water supply, solid waste disposal
service and use compatibility.

STAFF RECOMMENDATION:
If the Taney County Planning Commission approves Division III Permit # 2016-0015, the
following requirem ents shall apply, unless revised by the Planning Commission:

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

2. Compliance letters from the W estern Taney County Fire Protection District, the
Missouri Departm ent of Revenue and the Environmental Division of the Planning
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 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.

Division III Special-Use Permit Staff Report - Hyden, 319 Lemonwood Nightly Rental - 2016-0015 Page 3
4. This residence shall accom m odate (sleep) no more than eight (8) persons per
night. The total occupancy may be further limited based upon the provisions of
the W estern Taney County Fire Protection District requirem ents and regulations.

5. In the event that the on-site wastewater treatm ent system begins to surface,
showing signs of failure, the property owner shall either repair or replace said
system ensuring capacity for the nightly rental of the building, ensuring that the
system will adequately meet the needs of up to eight (8) people.

6. A minimum of one (1) off-street parking space shall be designated as a
handicapped parking space. No recreational vehicles (RVs), trailers, boats or
other watercraft shall be parked onsite.
7. No outside storage of equipm ent or solid waste materials.

8. This decision is subject to all existing easements.

9. Opaque fencing shall be provided along the north and south side property lines,
between the nightly rental residence in question and the adjoining single-fam ily
residences. The fencing shall in no way interfere with the visibility of the either
the applicant’s or the neighboring property owner’s driveway entrance.

10.The Hyden, 319 Lemonwood Nightly Rental has been approved as a Special­
i s e Permit. Therefore the permit is specific to the applicant to whom the permit
is issued and cannot be transferred without Planning Com m ission approval. The
Special-Use Permit shall not be used to establish com m ercial com patibility for or
with any future land-use change applications.

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

Division III Special-Use Permit Staff Report - Hyden, 319 Lemonwood Nightly Rental - 2016-0015 Page 4
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Hyden 319 Lemonwood Nightly Rental Permit#: 16-15

Section Score
Performance

Importance
D ivision III Relative Policy S coring Sheet:

Factor
W estern Taney C ounty

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 0 0
proposed system may not provide adequate capacity -1
proposed solution may cause surface and/or ground water pollution -2
E nvironm ental P olicies
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 C o m p a tib ility
OFF-SITE NUISANCES n/a=
no issues or nuisance(s) can be fully mitigated 0
buffered and minimally mitigated -1 5 -2 -10
cannot be mitigated -2
C o m p a tib ility 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 o f 5
Hyden 319 Lemonwood Nightly Rental Permit#: 16-15

Section Score
Performance

Importance
D ivision III Relative P olicy S coring Sheet:

Factor
W estern Taney C ounty

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 o f 5
Hyden 319 Lemonwood Nightly Rental Permit#: 16-15

Section Score
Performance

Importance
Division ill Relative Policy Scoring Sheet:
Western Taney County

Factor

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 E co nom ic D evelopm 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, 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 compatiblity factors -2

C om m ercial D evelopm 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
Hyden 319 Lemonwood Nightly Rental Permit#: 16-15

Section Score
Performance

Importance
D ivision ill Relative P olicy S coring Sheet:

Factor
W estern Taney C ounty

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 - C apacity and A ccess
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
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= 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 of 5
Hyden 319 Lemonwood Nightly Rental Permit#: 16-15

Section Score
Performance

Importance
D ivision III Relative Policy S coring Sheet:

Factor
W estern Taney C ounty

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 0 0
utilities above ground and not within specific easements -1
no specific management of utilities -2
O pen-Space D ensity
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
S olid W aste D isposal
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 W eighted Score= -34
Maximum Possible Score= 29
Actual Score as Percent o f Maximum= -117.2%
Number o f Negative Scores= 5
Negative Scores as % o f All Applicable Scores= 50.0%

Scoring Performed by: Date:
Bob A tchley and Bonita Kissee-Soutee . In l y 2 6 , 2 0 1 6

Page 5 of 5
Project: Hyden 319 Lemonwood Nightly Rental
Permit#: 16-15
Policies Receiving a Negative Score
Importance off-site nuisances right-of-way/roads emergency water supply waste disposal service
Factor 5:
Importance use compatibility
Factor 4:
Importance none
Factor 3:
Importance none
Factor 2:
Importance none
Factor 1:
Scoring by: Bob Atchley and Bonita Kissee-Soutee
Date: July 26, 2016
Project: Hyden 319 Lemonwood Nightly Rental Permit: 16-15
As
Max. Possible % Total Negative Scores
Scored
|Scoring 29 -34 -117.2% 5 50.0%

Max. As Negative Scores
Possible Scored Number of Percent
Importance Factor 5 15 -30 4 66.7%
sewage disposal 10 0
o ff-s ite n u is a n c e s 0 -10
diversification

em ergency services 0 0
rig h t-o f-w a y /ro a d s 5 -5
e m e rg e n cy w a te r s u p p ly 0 -10
w a s te d is p o s a l s e rv ic e 0 -5
waste disposal com m itm ent

Im portance Factor 4 8 -4 1 50.0%
slopes
use c o m p a tib ility 0 -4
pedestrian circulation

underground utilities 8 0

Im portance Factor 3
soil limitations
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 0
Im portance Factor 2
wildlife habitat and fisheries
air quality
building materials
residential buffer / screening
residential privacy
traffic 0 0
pedestrian safety
usable open space

Im portance Factor 1
lot coverage

rooftop vents / equipm ent
bicycle circulation

Scoring by:Bob Atchtey and Bonita Kissee-Soutee
Date: July 26, 2016
Taney County Sheriffs Office
P.O. B ox 1005, Forsyth, M O 65653

Offense / Incident Report
Report Date Type o f Incident Complaint No. Case Status
07/03/2016 2259 PEACE D IS T U R B A N C E (M B) 16-06600 R EC O R D S

Occurred on 0 7 /0 3 /2 0 1 6 2 2 5 9 to 0 7 /0 3 /2 0 1 6 2 3 4 4
Incident L ocation
Street Address City State Zip Code
319 L E M O N W O O D L N R ID G E D A L E MO
Sector Precinct G eo Ward Latitude Primary Location.
SO U TH
Neighborhood Jurisdiction Longitude Secondary L ocation
TANEY COUNTY
S H E R IF F
D ispatch In form ation
Received D ate / T im e Call Received V ia D ispatched Date / Time Call D ispatched A s !.•
07/0 3 /20 1 62 2 5 9 P U B L IC SE R V IC E 0 7 /0 3 /2 0 1 6 2 3 0 1 P E A C E D IS T U R B A N C E I!

A m ved Date / Tim e D eparted Date / T im e O ffense Category TTY R ef .# TeleType O perator j;'
07/03/2016 2331 07/03/2016 2344 ::
O fficers
ID N am e R ole Primary Arrived Scene Departed Scene i-;
123 M arler, Jared R EPO R T IN G 0

O ffenses
Charge State Statute State Charge Code Category
Cause Number Local Code Jurisdiction ■ Type/Class
PEA C E D IST U R B A N C E (M B) 574.01 3401299
MB
M odus O perandi
Possible/Probable M otivatio) Offender Susnected o f U sin s Chemical / Tncendiarv A eent Special Skills W eather Conditions

Point o f Entrv M ethod o f Entrv Characteristics o f Entrv M alicious M isch ief Events

R eporting P a rty /C o m p la in a n t \.-7 •!.- • -V-V'-" '■ ■ • • -*’.’i*--V f . .*" •V- *. : "• *. *‘ ^ /

N am e (Last, First M iddle Suffix) R ace Sex DOB ' A ge Juvenile SS N M oniker

A ddresses
Type Street Address City State Zip C ode Country
P hon e N um bers E m a il A dd resses
T ype Phone E xt/PIN Type Email Address
Drivers License T ype State E xpires Restrictions M arital Status R esident Status Ethnicity Language

Statem ent/N otes:

O ffen se N arrative

Reporting O fficer 123 M arler, Jared Approving Officer
(Cover Pages On!y)
Page 1 of 2 Printed 07/11/20161509
O 1994 - 2015, Information Technologies, Inc. http^/www.itiusa.coin

Is
I:-:
I
Taney County Sheriffs Office
P.O. B ox 1005, Forsyth, MO 65653

Offense / Incident Report
Report Date Type o f Incident Complaint N o. Case Status
07/03/20162259 P EA C E D ISTU R BAN CE (M B) 16-06600 R EC O R DS

Dispatched to a noise complaint of a party with dancing. We spoke with the occupants who agreed to turn the
music down. Nothing further to report.
Deputy Jared Marler
DSN #123

Reporting O fficer 123 M arler, Jared A pproving O fficer

(Cover Pages Only)
Page 2 of 2 Printed 0 7 /1 1 /2 0 1 6 1 5 0 9 ■
© 1994 -2015, Information Technologies, Inc. http://www.itkisa.com
mey County, x T Hollister, MO, United St. x ^ ^ Lakefront House on Tabl

I Airbnb, Inc. [US] https://www.airbnbxom/rooms/11362423?guests=l&s=E80YcpYA&checkJn=2016-07-26&check_out=2016~08-03

Photos About this listing Reviews The Host Location $187
Lakefront House on Table Rock Lake
Check in Check out Guests
Hollister, MO, United States

07/26/2016 08/03/2016

Jordan Entire home/apt 10 Guests 3 Bedrooms
©
5 Beds Those dates are not available

View O ther Listings

About this listing

Perfect Location next to Big Cedar! Close to Big Cedar & Top of the Rock and 15 minutes o f Branson
Landing, Tanger Outlets and traditional Branson entertainment. Bring you boat and enjoy the lakefront
property- parking and lake access is available.
Save to Wish List

C ontact H o st 58 travelers saved this place

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The Space Accommodates: 10 Check In: 4PM - 8PM
Bathrooms: 2 Check Out: 11AM
Bedrooms: 3 Property type: House ^ Report this listing
Beds: 5 Room type: Entire home/apt
House Rules

Amenities
Kitchen Essentials

TV Shampoo

+ M ore

Prices Extra people: No Charge Security Deposit: $25 0
Cleaning Fee: $100 Cancellation: S trict
Hollister. MO, United Sta X T /g\ Lakefront House on Tab!- x ■ ■ ■ ■

ic. [US] h ttos://w w w .airbnb.com /room s/11362423?guests=l& s = E80Y cpY A & checkJn=2016-07-26&check_out=2016-08-03
¥ &
s About this listing Reviews The Host Location $187 Per Night
iption
Check in C heck o u t Guests

© © 07/26/2016 08/03/2016
Bedroom 1 Bedroom 2
1 queen bed 1 king bed Those dates are not available

ssa
Bedroom 3 Common spaces
V iew O ther Listings

3 double beds 2 couches

The Space Save to W ish List

Perfect Location next to Big Cedar! Very close to Big Cedar & Top o f the Rock 5 8 tra v e le r s sa v e d th is p la c e
and 15 m inutes o f Branson Landing, Tanger O utlets and traditional Branson
entertainm ent.
Email O M essenger — M ore

3 bedroom s th a t w ith beds fo r 10, couches fo r 2. 2 bathroom s and
w asher/dryer in separate u tility room. Large deck w ith access to propane P R eport this listing
grill.

Guest Access

-Access to Table Rock Lake fo r swimming, fishing, w ater activities

Interaction with Guests

We are more than w illing to help you during your stay. A t any point you need
som ething, or ju st recomm endation fo r dinner we w ill be just a phone call
away. Our phone w ill be on us 24 hours a day.

The Neighborhood
I!" Rw
ey County, x T /o' Hollister, MO, United Sts xT Lakefront House on Table X

2Airbnb, Inc. [US] https://www.airbnb.com /rooms/11362423?guests=l&s=E80YcpYA&checkJn=2016-07-26&check_out=2016-08-03
Photos About this listing Reviews The Host Location $187 Per Night

away. Our phone w ill be on us 24 hours a day.
Check in Check out Guests
The Neighborhood
07/26/2016 08/03/2016 1
Very quiet, peaceful neighborhood at Big Cedar Cove. Less than 5 minutes
from Big Cedar & Top of the Rock- which includes restaurants, bars, and golf
Those dates are not available
course. Branson Airport and the favorites in Branson are just 15 minutes away.

Getting Around View Other Listings

Free parking is available on the property and additional parking for larger
vehicles is available upon request.

The house is 10 minutes from Highway 65.

Save to Wish List

House Rules No smoking 58 travelers saved this place
Not suitable for pets

Check-in tim e is 4PM - 8PM. S3 Email © Messenger ••• More

We want everyone to feel at home as much as possible. W ith that said, we P Report this listing
just ask for respect while in the house.
*No pets
*No smoking inside
*This is a very quit neighborhood please be respectful of our neighbors
"This home is privately owned. The owners are not responsible for accidents,
injuries or illness that occurs while on the premises or its facilities. The home
owner is not responsible for the loss of personal belongings or valuables of
the guest. By accepting this reservation, it is agreed that all guests are
expressly assuming the risk of any harm arising from their use of the premise
or others whom they invite to use the premise.
- Taney County, ! /$\ Hollister, MO, United Sts x ~J Lakefront House on TabU x~

| Airbrtb,Inc. [US] https://www.airbnb.com /room s/11362423?guests=l&s-E80YcpYA&checkJn-2016-07-26&check_out=2016-08-03

Photos About this listing Reviews The Host Location $187
or others whom they invite to use the premise.
Check in Check out Guests

0 7 /2 6 /2 0 1 6 0 8 /0 3 /2 0 1 6 1
Safety Features Smoke Detector Safety Card

Carbon Monoxide Detector Fire Extinguisher Those dates are not available
First Aid Kit
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Availability 2 nights minimum stay View Calendar

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58 travelers saved this place

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: all 17 photos
r
7/22/2016

319 Lemonwood Lane Nightly Rental
319 Lemonwood Lane, Hollister, MO
Division III Permit Case # 2016-0014
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319 Lemonwood Lane Nightly Rental
319 Lemonwood Lane, Hollister, MO
Division III Permit Case # 2016-0014
Pictometry - View from the North

6
7/22/2016

03/23/2015

319 Lemonwood Lane Nightly Rental
319 Lemonwood Lane, Hollister, MO
Division III Permit Case # 2016-0014
Pictometry - View from the South

03 / 23/2015
319 Lemonwood Lane Nightly Rental
319 Lemonwood Lane, Hollister, MO
Division III Permit Case # 2016-0014
Pictometry - View from the East

7
7/22/2016

319 Lemonwood Lane Nightly Rental
319 Lemonwood Lane, Hollister, MO
Division III Permit Case # 2016-0014
Pictometry - View from the West

8
T he Ta n ey C o un ty
P lanning C o m m is s io n
W ill Hold A P ublic Heariing C o n ce rn in g The
►gj Following Requested Zone C hange I
S3 Under the D ivision III Process /

A p p lic a n t: I ^ y -
[ p r o p o s e d D e v e lo p m e n t:

P r o p e r t y L o c a t io n : LevwoAuJooQ^

H o a r in g L o c a t io n : T a n e y C o u n jy C o u r t h o u s e
i T im o : 6 : 0 0 P M D a te : S > - Z - \ L o ________
Phone: 4 1 7 *3 3 6 -7 2 2 5
TANEY COUNTY
PLANNING COMMISSION
DIVISION III SPECIAL-USE PERMIT
STAFF REPORT
HEARING DATE: August 8, 2016

CASE NUMBER: 2016-0016

PROJECT: Hyden, 260 Lemonwood Nightly Rental

APPLICANTS: Terry & Jana Hyden

REPRESENTATIVE: Jordan Rielly

LOCATION: The subject property is located at 260 Lemonwood Lane,
Hollister, MO; Oliver Township; Section 10, Township
21, Range 22.

REQUEST: The applicants, Terry & Jana Hyden are requesting approval
of a Division III Special-Use Permit in order to utilize an
existing, four (4) bedroom, single-fam ily residence for nightly
rental.

BACKGROUND and SITE HISTORY:

Per the Assessor’s information, as contained within Beacon, the single-fam ily residence
in question is approxim ately 2,069 square feet in size and was constructed in 1994.
The staff has been unable to locate either a Division I (Construction) Perm it or a Septic
Permit for the property in question.

On June 9, 2016, a form al com plaint was submitted to the Planning Departm ent office
by neighboring property owners, indicating that the properties located at 260
Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood Drive, Hollister, MO were
being utilized for w hat the Development Guidance Code defines as “nightly rental” ,
without the issuance of a Division III Special Use Permit. The com plaint form has since
been signed by a total of forty (40) adjoining property owners via an attached signature
list.

On June 15, 2016, a Stop W ork Order was issued to Mr. & Mrs. Hyden both via
certified, return receipt mail and also a posting on the property; giving Mr. & Mrs. Hyden
ten (10) days from the date of service to seek com pliance with the provisions of the
Development Guidance Code and also asking Mr. & Mrs. Hyden to cease all nightly
rental operations im mediately until such time that they obtain a Division III Special-Use
Permit for nightly rental. As of the date of this report, there is an active nightly rental
advertisem ent on the Airbnb website. This nightly rental residence located at 260
Lemonwood Lane is advertised on the Airbnb website as the Lake-View House on
Table Rock.

Division III Special-Use Permit Staff Report - Hyden, 260 Lemonwood Nightly Rental - 2016-0016 Page 1
Upon receipt of the Stop W ork Order the applicants, Terry & Jana Hyden im mediately
submitted three (3) Division III Special-Use Permit applications requesting Planning
Commission authorization of the nightly rental use of the three (3) properties in question
(260 Lemonwood Lane, 319 Lemonwood Lane and 535 Lakewood Drive, Hollister, MO).

The current application was approved for Concept on July 18, 2016.

GENERAL DESCRIPTION:

The subject property (approxim ately .33 acres (14,374.80 square feet) per the
A ssessor’s information) is known as All of Lot five (5), Block C of M oore’s Oasis
Subdivision. The property in question contains an approxim ately 1,745 square foot (Per
the A ssessor’s information) single-fam ily residence. The residence is listed on the
Airbnb website as containing four (4) bedrooms and two (2) bathrooms. The Airbnb
website lists Jordan as the Airbnb Host. Jordan Rielly is also the representative for this
application.

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 tim e less than
thirty (30) calendar days, counting portions of days as full days.” Therefore, 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 .” Therefore, the four (4) bedroom home would have a maximum occupancy of
up to ten (10) people.

The property in question is served by an individual, onsite septic system. However, the
staff was unable to locate an onsite wastewater permit. On July 13, 2016 the Onsite
W astewater Permitting staff visited the three homes located at 260 Lemonwood, 319
Lemonwood and 535 Lakewood Drive in order to complete a visual inspection of the
three (3) septic systems. W hile walking the lateral field area of each home no problems
or issued were observed at this time. No surfacing effluent in the treatm ent field area or
septic tank area was observed. For the continued maintenance of the septic system
serving each home, the staff is recommending that each septic tank be pumped each
five (5) to seven (7) years, or more frequently if required.

The property in question is currently served by an existing drive off of Lemonwood
Lane.

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 five (5) parking spaces will be required. The residence is
currently served by a two (2) car garage, along with a fairly large driveway; meeting the
minimum parking requirem ents of the Developm ent Guidance Code. The Airbnb site for
this property states that, “Free parking is available on the property and additional_______
Division III Special-Use Permit Staff Report - Hyden, 260 Lemonwood Nightly Rental - 2016-0016 Page 2
parking for larger vehicles is available upon request.” The property in question has
adequate parking for automobiles. However, the staff recommends that a condition be
placed on the Decision of Record stating that no recreational vehicles (RVs), trailers,
boats or other w atercraft shall be parked onsite, unless they are to be stored w ithin the
garage.

The adjoining property im mediately to the north and south is single-fam ily residential
lots within the M oore’s Oasis Subdivision. The adjoining property im m ediately to the
east is an undeveloped roadway within a recorded road right-of-way, with single-fam ily
residential lots within the M oore’s Oasis Subdivision being located further to the east.
The adjoining property im mediately to the west is Lemonwood Lane, with single-fam ily
residential lots within the M oore’s Oasis Subdivision being located further to the west.

Pursuant to the provisions of Appendix E, Section 4.7.15 of the Developm ent Guidance
Code, “A buffer shall be established between any structure utilized for nightly rental and
any existing residential land use, meeting the requirem ents of Appendix H, Section 6
(Technical Plans)” of the Developm ent Guidance Code. These provisions of the
Development Guidance Code provide the Planning Commission the with a level of
discretion by allowing the buffer to be a vegetative buffer or privacy fence, wall,
landscaped earthen berm or other screening device.

The project received a total score of -34 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, em ergency water supply, solid waste disposal
service and use compatibility.

STAFF RECOMMENDATION:
If the Taney County Planning Commission approves Division III Permit # 2016-0016, the
following requirem ents 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
Missouri Departm ent of Revenue and the Environmental Division of the Planning
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 valid Missouri Department of Revenue Sales Tax License shall be provided to
the Planning Department prior to the issuance of a Certificate of Compliance.

4. This residence shall accom modate (sleep) no more than ten (10) persons per
night. The total occupancy may be further limited based upon the provisions of
the W estern Taney County Fire Protection District requirem ents and regulations.

Division III Special-Use Permit Staff Report - Hyden, 260 Lemonwood Nightly Rental - 2016-0016 Page 3
5. In the event that the on-site w astewater treatm ent system begins to surface,
showing signs of failure, the property owner shall either repair or replace said
system ensuring capacity for the nightly rental of the building, ensuring that the
system will adequately meet the needs of up to ten (10) people.

6. A minimum of one (1) off-street parking space shall be designated as a
handicapped parking space. No recreational vehicles (RVs), trailers, boats or
other watercraft shall be parked onsite, unless the will be stored within the
garage.
7. No outside storage of equipm ent or solid waste materials.

8. This decision is subject to all existing easements.

9. Opaque fencing shall be provided along the north, south and east property lines,
between the nightly rental residence in question and the adjoining single-fam ily
residences. The fencing shall in no way interfere with the visibility of the either
the applicant’s or the neighboring property owner’s driveway entrance.

10.The Hyden, 260 Lemonwood Nightly Rental has been approved as a Special­
i s e Permit. Therefore the permit is specific to the applicant to whom the permit
is issued and cannot be transferred without Planning Com m ission approval. The
Special-Use Permit shall not be used to establish com m ercial com patibility for or
with any future land-use change applications.

11 .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 - Hyden, 260 Lemonwood Nightly Rental - 2016-0016 Page 4
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Hyden 260 Lemonwood Nightly Rental Permit#: 16-16

Section Score
Performance

Importance
Division III Relative Policy Scoring Sheet:
Western Taney County

Factor

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 0 0
proposed system may not provide adequate capacity -1
proposed solution may cause surface and/or ground water pollution -2
E nvironm ental P olicies
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 C o m p a tib ility
OFF-SITE NUISANCES n/a=
no issues or nuisance(s) can be fully mitigated 0
buffered and minimally mitigated -1 5 -2 -10
cannot be mitigated -2
C o m p a tib ility 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 o f 5
Hyden 260 Lemonwood Nightly Rental Permit#: 16-16

Section Score
Performance

Importance
D i v i s i o n I I I R e l a t i v e P o l i c y S c o r i n g S h e e t :

Factor

Score
Value
W e s t e r n T a n e y C o u n t y

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 o f 5
Hyden 260 Lemonwood Nightly Rental Permit#: 16-16

Section Score
Performance

Importance
D i v i s i o n I I I R e l a t i v e P o l i c y S c o r i n g S h e e t :

Factor

Score
Value
W e s t e r n T a n e y C o u n t y

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 E conom ic D evelopm 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, 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 compatiblity factors -2

C om m ercial D evelopm 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 of 5
Hyden 260 Lemonwood Nightly Rental Permit#: 16-16

Section Score
Performance

Importance
D i v i s i o n I I I R e l a t i v e P o l i c y S c o r i n g Sheet:

Factor

Score
Value
W e s t e r n T a n e y C o u n t y

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

S ervices - C apacity and A ccess
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
A
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 -1 0

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 of 5
Hyden 260 Lemonwood Nightly Rental Permit#: 16-16

Section Score
Performance

Importance
D i v i s i o n i l l R e l a t i v e P o l i c y S c o r i n g S h e e t :

Factor

Score
Value
W e s t e r n T a n e y C o u n t y

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 0 0
utilities above ground and not within specific easements -1
no specific management of utilities -2
Open-Space D ensity
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 D isposal
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 W eighted Score= -34
Maximum Possible Score= 29
Actual Score as Percent o f Maximum= -117.2%
Number o f Negative Scores= 5
Negative Scores as % o f All Applicable Scores= 50.0%

Scoring Performed by: Date:

Bob A tchley and Bonita Kissee-Soutee July 26. 2016

Page 5 of 5
Project: Hyden 260 Lemonwood Nightly Rental
Permit#: 16-16
Policies Receiving a Negative Score
Importance off-site nuisances right-of-way/roads emergency water supply waste disposal service
Factor 5:
Importance use compatibility
Factor 4:
Importance none
Factor 3:
Importance none
Factor 2:
Importance none
Factor 1:
Scoring by:Bob Atchley and Bonita Kissee-Soutee
Date: July 26, 2016
Project: Hyden 260 Lemonwood Nightly Rental Permit: 16-16
As
Max. Possible % Total Negative Scores
Scored
jScoring 29 -34 -117.2% 5 50.0%

Max. As Negative Scores
Possible Scored Number of Percent
Im portance Factor 5 15 -30 4 66.7%
sewage disposal 10 0
o ff-s ite n u is a n c e s 0 -10
diversification

em ergency services 0 0
rig h t-o f-w a y /ro a d s 5 -5
e m e rg e n cy w a te r s u p p ly 0 -10
w a s te d is p o s a l s e rv ic e 0 -5
waste disposal com m itm ent

Im portance Factor 4 8 -4 1 50.0%
slopes

use c o m p a tib ility 0 -4
pedestrian circulation
underground utilities 8 0

Im portance Factor 3
soil lim itations
building bulk/scale
waste containers screening
outdoor equip storage

industrial buffer / screening
right to farm
right to operate
m ixed-use developm ents
developm ent patterns
developm ent buffering
w ater system service 6 0

Im portance Factor 2
wildlife habitat and fisheries
air quality
building materials
residential buffer / screening
residential privacy
traffic 0 0
pedestrian safety
usable open space

Im portance Factor 1
lot coverage
rooftop vents / equipm ent
bicycle circulation

Scoring by:Bob Atchley and Bonita Kissee-Soutee
Date: July 26, 2016
Beacon - Taney County. x T (£\ Hollister. MO, United St. x T A,;', Hollister, MO, United Stc X * lake-view House on Tabi X y i. m a m
X £j Airbnb, Inc. [US] https://www.airbnb.com/roonns/10960921?s=u0YyvwGr

Photos About this listing Reviews The Host Location $139 Per Night

lake-view House on Table Rock Lake
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Hollister, MO, United States ★ ★ ★ ★ ★ "r 9 reviews
mm/dd/yyyy mm/dd/yyyy 1 ~ I
Jordan Entire home/apt 10 Guests 4 Bedrooms 5 Beds
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What guests liked about this place

Spacious Residential Private

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6 6 travelers saved this place
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Very close to Big Cedar & Top of the Rock and w ithin 15 minutes of Branson Landing, Tanger Outlets and
traditional Branson entertainment. Bring your boat if you w ant as we have lake access and parking
available w ithin walking distance of house, next to Big Cedar Cove. Report this listing

C ontact Host

The Space Accommodates: 10 Check In: 4 P M -9 P M
Bathrooms: 2 Check Out: 11AM
Bedrooms: 4 Property type: House
Beds: 5 Room type: Entire hom e/apt
House Rules

Amenities
Kitchen Essentials
on - Taney County, x T /Q\ Hollister, MO, United St. X ^ Hollister, MO, United St. X T ^ lake-view House on Tab x ^

c Airbnb, Inc. [US] h ttp s :/ /www.airbnb.com/rooms/10960921?s=u0YyvwGr

Photos A bout this listing Reviews The Host Location $139 Per N ight

Amenities Check in C heck o ut Guests
Kitchen Essentials

n tv Shampoo mm/dd/yyyy mm/dd/yyyy 1

+ M ore

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Prices Extra people: No Charge Weekly discount: 0%
Cleaning Fee: $100 M onthly discount: 0% Your C re d it Card w ill not be charged

Security Deposit: $250 Cancellation: S trict

Description Sleeping Arrangem ents

a
Bedroom 1
s
Bedroom 2
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1 king bed 1 queen bed
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Bedroom 3 Bedroom 4
1 double bed 1 bunk bed

Com m on spaces
2 couches

The Space

Ranch-style house w ith all bedrooms and living areas on main floor. House
ney County, x ^ Hollister, MO, United Ste x ^ Hollister, MO, United Sta x ^ lake-view House on Tab x

(3 Airbnb, Inc. [US] https://www.airbnb.com/rooms/10960921?s=u0YyvwGr

Photos About this listing Reviews The Host Location $139 Per Night

The Space
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Ranch-style house with all bedrooms and living areas on main floor. House
includes Master Bedroom with Bath, large living room with fireplace, m m /dd/yyyy m m /dd/yyyy
screened back porch, dining room with dining table that seats 8, modern
kitchen with new appliances, granite countertops, slate backsplash and a lot
of counter/cabinet space. Request to Book

G uest Access Your C re dit Card w ill not be charged

-Access to Table Rock Lake for swimming, fishing, water activities

In te ra c tio n w ith Guests

We are more than willing to help you during your stay. At any point you need
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something, or just recommendation for dinner we will be just a phone call
away. Our phone will be on us 24 hours a day.
6 6 travelers saved this place

The N e ig h b o rh o o d
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Very quiet, peaceful neighborhood at Big Cedar Cove. Less than 5 minutes
from Big Cedar & Top of the Rock- which includes restaurants, bars, and golf
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course. Branson Airport and the favorites in Branson are just 15 minutes away.

Getting Around

Free parking is available on the property and additional parking for larger
vehicles is available upon request.

The house is 10 minutes from Highway 65.

House Rules Check-in time is 4PM - 9PM.

\A/a u / o n t m / o rx / rv n o fo a l k A m o oo m iir* K <sc n A c c i W a \ A / i+ K tk < s + c o trl \a / q
----------------------- w---------------------------------------------w -------------------------------------------- -yr--------------------------------------------- -
ney County, x Hollister, MO, United Ste x /g\ Hollister, MO, United Sta x ,v ^ lake-view House on Tabk x

Airbnb, Inc. [US] https://www.airbnb.com/rooms/10960921?s = u0YyvwGr

Photos About this listing Reviews The Host Location $139 Per Night

House Rules Check-in time is 4PM - 9PM.
Check in Check out Guests

We want everyone to feel at home as much as possible. With that said, we mm/dd/yyyy mm/dd/yyyy 1
just ask for respect while in the house.
*No pets
*No smoking inside Request to Book
*This is a very quit neighborhood please be respectful of our neighbors
*This home is privately owned. The owners are not responsible for accidents, Your C re d it C a rd w ill n o t be c h a rg e d
injuries or illness that occurs while on the premises or its facilities. The home
owner is not responsible for the loss of personal belongings or valuables of
the guest. By accepting this reservation, it is agreed that all guests are
expressly assuming the risk of any harm arising from their use of the premise
or others whom they invite to use the premise.
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6 6 tra v e le rs saved th is pla ce
Safety Features Smoke Detector Safety Card
Carbon Monoxide Detector Fire Extinguisher More
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First Aid Kit

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Availability 2 nights minimum stay View Calendar
ney County, x ^ H ollister, MO, U n ited Stat Hollister, MO. U n ited Sta xT @\ lake-view House o n Tab!-

Airbnb Inc. [US] https:/7www.airbnb.com/rooms/10960921?s=u0YyvwGr

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Availability 2 nights minimum stay View Calendar Check in Check out Guests

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Your C re d it C a rd w ill n o t be c h a rg e d

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9 Reviews
ney County, x Hollister, MO, United St x^ Hollister, MO, United Sta x ^^ lake-view House on Table x
Airbnb, Inc. [US] https://www.airbnb.com/rooms/10960921?s=u0YyvwGr

Photos About this listing Reviews The Host Location $139 Per N ig h t

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9 Reviews ★ ★ ★ ★ ★ ^ Check in Check out Guests

mm/dd/yyyy mm/dd/yyyy

The house was very nice and very well-stocked. The beds were
comfortable and baths adequate. Overall, it was great. Request to Book

July 2016 al Helpful Your C re d it C a rd w ill n o t be c h a rg e d
Heather

Jordan was easy to communicate with and helped with any questions.
The 4 bedroom house was plenty big enough. We used an air bed in the Save to W ish List
living room. The carpet had multiple stains. I took pics and sent to
,lorrton w^c vptv a oo lo o A tjc and ^aid w o u l d npf t h p r'^rppt
6 6 tra v e le rs saved th is pla ce
Elizabeth

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Our family of 5 rented Jordan's lake house over the week of July 4th and
had a great time! The house is comfortable with plenty of room. All of
the appliances worked well and the house was clean. Even the propane
nril! o»?t b ^ o k w o r k e d fin*2*. T h p kifchpn ^fookpd w i t h all of thp
Lucas
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July 2016 odb Helpful

Response from Jordan:
Thanks Lucas! Come back soon!
.............................—■
... ....... ... ..... .... -r........ ... . ---- —.... ——
lounty, f x Hollister. MO, United Sta x Hollister, MO, United St lake-view House on Tab x

•irbnb, Inc. [US] https://w w w .airbnb.com /room s/10960921?s=u0Y yvw G r

Photos About this listing Reviews The Host Location $139 Per N ig h t

C heck in C he ck o ut G uests
This is a very clean, nice and spacious house fo r anyone w ho is w anting
to be to g e th e r w ith fam ily to enjoy w atching a m ovie or playing games.
mm/dd/yyyy mm/dd/yyyy
A dded bonus is the w ater is not far away and its in a great location on
the lake. Jordan was very nice and easy to w o rk w ith.
Ashley
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June 2016 ai Helpful

Your C re d it C a rd w ill n o t be c h a rg e d

Jordan was a fa ntastic host! He was responsive to any and all
te xts/req ue sts and the house was a fa ntastic fit fo r our large fam ily. We
w ere able to easily accom m odate 6 adults, 2 teens, and 4 kids by adding
an air mattress tn the livino room (which Js Isroe enoucih ©asilv fit ^ Save to W ish List
Jesse

+ M o re 6 6 tra v e le rs saved th is place
June 2016 Helpful
Email 0 M essenger — M o re
Response from Jordan:
Thanks Jesse! Come back anytim e
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June 2016

The house was great for 7 people! Easy to locate and close to th e water.
I’d recom m end doing your g ro cery shopping on the w ay o r beforehand
because the closest store was 2 0 m inutes away, as expected. Also the
w p rp p, li t f t o f i r m f f 'r o t irb t it I w o i itH H p f i n i t p l v hprr> nnairi

+ M o re
June 2016

.m k. Pocnnnco Irnm .l^rHan*
x T & Hollister, MO, United Stat ^ Hollister, MO, United Sta x ^ / r A lake-view House on Tabi-

.Inc. [US] https://www.airbnb.com/roonns/10960921?s=u0YyvwGr
os About this listing Reviews The Host Location $139 Per Night

June 2016 ai Helpful
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:SM F \ Response from Jordan: mm/dd/yyyy 1
mm/dd/yyyy
xK ? thanks Melanie! You are welcome back anytime!

June 2016
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Your Credit Card will not be charged
House was great, very nice and had everything you would need. The
walk down to the lake is a little rough w ith coolers/ supplies, but the
house is on a great spot on the lake. There are some quiet coves and also
a lo t o f o n p n w a tp r *»l| r io b t thf»r« fin d m u ltip le m a rin a *! ■Io rd a n m ft rip ti<;
Samantha
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66 travelers saved this place

Response from Jordan:
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Thanks Samantha!

June 2016
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>unty, I x ^ Hollister, MO, United Sts' x ^ Hollister, M< x lake-view House on Tabl-
...........

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fo u r H ost
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J o rd a n Your Credit Card will not be charged
Dallas, Texas, United States • Member since January 2016

My fiance and I are young professionals who love to travel, spend time with
our families, and w ork hard.

We are getting married in Sept 2016! Save to Wish List

Response rate: 100% 66 travelers saved this place
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260 Lemonwood Lane Nightly Rental
260 Lemonwood Lane, Hollister, MO
Division III Permit Case # 2016-0016
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260 Lemonwood Lane Nightly Rental
260 Lemonwood Lane, Hollister, MO
Division III Permit Case # 2016-0016
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6
7/22/2016

260 Lemonwood Lane Nightly Rental
260 Lemonwood Lane, Hollister, MO
Division III Permit Case # 2016-0016
Pictometry - View from the South

260 Lemonwood Lane Nightly Rental
260 Lemonwood Lane, Hollister, MO
Division III Permit Case # 2016-0016
Pictometry - View from the East

7
7/22/2016

260 Lemonwood Lane Nightly Rental
260 Lemonwood Lane, Hollister, MO
Division III Permit Case # 2016-0016
Pictometry - View from the West

8
T h e Ta n e y C o u n t y
P l a n n in g C o m m i s s io n
Will Hold A Public Hearing Concerning The
Following Requested Zone Change I
Under the Division III Process
A n n llc n n t: I g f ^ f T W l O o V W d ? A I
P r o p o s e d D o v o lo p m c n t: N \ f l t | \ t 1 v/ f i p A 'V t l ) I

P ro p e rly L o c a tio n :

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TANEY COUNTY
PLANNING COMMISSION

CO UNTY DIVISION III PERMIT
STAFF REPORT

HEARING DATE: August 8, 2016

CASE NUMBER: 2016-0017

PROJECT: V anderlink T1 W ireless Internet Tower

APPLICANT (Current Owner): Linda Crosby

REPRESENTATIVE: Garrett Vanderpool - Vanderlink
(Purchaser)

LOCATION: The subject property is located at 5015 W est State
Highway 248, Branson, MO; Branson Township;
Section 12, Township 23, Range 22.

REQUEST: The representative, Garrett Vanderpool - Vanderlink
is requesting the approval of a Division III Permit, in
order to allow for the developm ent of a new wireless
internet facility consisting of a new 170’ m onopole or
150’ self supporting tower (based upon engineering) a
concrete pad with two (2) concrete portable structure,
serving as equipm ent shelters and a propane
powered backup generator located upon a utility lot.

BACKGROUND and SITE HISTORY:
The +/- 25.07 acre property (according the Assessor’s information via Beacon) is
currently owned by Linda Crosby. The approxim ately 25.07 acre parcel currently
contains three (3) single-fam ily residences which were all constructed prior to the
adoption of the Developm ent Guidance Code (1950, 1952 & 1970).

The representative, Garrett Vanderpool - Vanderlink is now requesting the approval of
a Division III Permit, authorizing the construction of a new 170’ monopole or 150’ self
supporting tow er (based upon engineering) a concrete pad with two (2) concrete
portable structure, serving as equipm ent shelters and a propane powered backup
generator to be located upon a separate utility lot.

The current application was approved for Concept on July 18, 2016.

Division III Permit Staff Report - Vanderlink T1 Wireless Internet Tower - 2016-0017
Page 1
GENERAL DESCRIPTION:

The +/- 25.07 acre property (according the A ssessor’s information via Beacon) is
currently owned by Linda Crosby. The approxim ately 25.07 acre parcel currently
contains three (3) single-fam ily residences which were all constructed prior to the
adoption of the Developm ent Guidance Code (1950, 1952 & 1970).

The representative, Garrett Vanderpool - Vanderlink is proposing to purchase a +/- 0.17
acre lot (+/- 7,405.2) utility lot from the current property owner, to serve as the location
of the new w ireless internet tow er site.

REVIEW:
The representative has indicated that Vanderlink is proposing to establish a new
wireless internet facility because the existing tow er on the property to the east will not
support additional co-locations.

The +/-0.17 acre (+/- 7,405.2 square foot) utility lot will be served by a 50’ wide access
easement.

There are two (2) existing single-fam ily residences that will likely fall within the 170’ or
150’ foot radius of the tower. The staff recomm ends that a condition be placed on the
application requiring the submission of an Engineering Design Fall Zone Letter, for the
proposed wireless internet tower, prior to the issuance of the Division II (Construction)
Permit.

The adjoining property im m ediately to the north is State Highway 248 with
predom inantly vacant property being located further to the north. The adjoining property
im m ediately to the south is predom inantly vacant. The adjoining property to the east is
State Highway 248, with predom inantly vacant property being located further to the
east. The adjoining property im m ediately to the w est is predom inantly single-fam ily
residential.

The project received a total score of 8 on the Policy Checklist, out of a maximum
possible score of 19. No relative policies received a negative score.

STAFF RECOMMENDATIONS:
If the Taney County Planning Commission approves this request, the following
requirem ents 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 Federal Com m unications Com m ission (FCC) and
the Federal Aviation Adm inistration (FAA), if required.

3. No outside storage of equipm ent or solid waste materials, other than generators.

Division III Permit Staff Report - Vanderlink T1 Wireless Internet Tower - 2016-0017
Page 2
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 the issuance of a Division II Permit, an Engineering Design Fall Zone
Letter, for the proposed w ireless internet tower, shall be provided to the Planning
D epartm ent office.

7. Should the telecom m unications tow er no longer be in use for the original purpose
granted by the Division III Perm it and serving as an approved co-location site, the
tow er shall be dismantled and removed within six months of the cessation of
operations

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

Division III Permit Staff Report - Vanderlink T1 Wireless Internet Tower - 2016-0017
Page 3
MfflQfi-S-UBDlYISlQfl
PROPERTY CLASSIFICATION: SUBURBAN
TOWER SUBDIVISION SURVEY DESCRIPTION
UTILITY LOT 1 A PART O F THE NORTHEAST QUARTER O F THE SOUTHEAST QUARTER OF SECTION 12. TOWNSHIP 23 NORTH.
NORTHEAST QUARTER SOUTHEAST QUARTER RANGE 22 WEST. TANEY COUNTY. MISSOURI. BEING MORE PARTICULARLY D ESCRIBED AS FOLHWS:
BEGINNING A T THE SOUTHWEST CORNER O F THE NORTHEAST QUARTER OF THE SO U TH EAST QUARTEI OF
SECTION 12 TOWNSHIP 2 3 NORTH, RANGE 2 2 WEST SECTION 12: THENCE NORTH 02 DEGREES 01 MINUTES 40 SECONDS EAST AI.ONG W EST THE W EST LINi OF
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER 282.87 FEET: THENCE SO U TH 80 DEGREE! 56
FIFTH PRINCIPAL MERIDIAN, TANEY COUNTY, MISSOURI MINUTES 0-1 SECONDS EAST DEPARTING SAID LINE 73.62 FEET: THENCE SOUTH 26 D EG REES 29 MINUTE II
SECONDS WEST 136.03 FEET: THENCE SOUTH 08 DEGREES 01 MINUTES II SECONDS W EST 150.88 FEET rO A
POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER O F THE SOUTHEAST QUARTER: THENCE NO RN 86
DEGREES 23 MINUTES 17 SECONDS WEST AI.ONG SAID SOUTH LINE LOO FEET: TO THE PO INT O F BEGINUNG
CONTAINING 0.17 ACRES MORE O R LESS. SU BJECT TO ANY AND ALL ENCUMBRANCES A N D RIGHTS RECORDED
OR UNRECORDED.
50• ACCESS EASEMENT
SURVEY DESCRIPTION
BASIS OF BEARINC
CRID NORTH BY
A PART O F THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12. TOWNSHIP 23 NCRTtt.
CPS OBSERVATION
RANGE 22 WEST. TANEY COUNTY. MISSOURI. BEING MORE PARTICULARLY D ESCRIBED A S FOLLOVS:
COMMENCING A T THE SOUTHWEST CORNER O F THE NORTHEAST QUARTER O F THE SO U TH EAST QUARTEI OF
SECTION 12: THENCE SOUTH 86 DEGREES 23 MINUTES 17 SECONDS EAST ALONG THE SO UTH LINI. OF
NORTHEAST QUARTER O F THE SOUTHEAST QUARTER LOO FEET TO THE POINT O F BEGINNING: THEJCE
NORTH OS DEGREES 01 M INI’ITS II SECONDS EAST ALONG SAID EASEMENT 151188 F E W : THENCE NOR 17 26
DEGREES 29 MINUTES 11 SECONDS EAST ALONG SAID EASEMENT 171.39 FEET: THENCE ALONG A IIS.OOFCOT
( IN F E E T ) RADIUS CURVE TO THE RIGHT AND SAID EASEMENT 68.17 FEET. SAID CURVE HAVING A CHORD BEARINCOF
NORTH 43 DEGREES 28 MINUTES 09 SECONDS EAST: THENCE NORTH 60 DEGREES 27 M INU TES 06 SECOiDS
1 i n c h = 6 0 ft EAST ALONG SAID EASEMENT 92.29 FEET: THENCE ALONG A 85.00 FOOT RADIUS CU RVE TO THE LEFT IND
SAID EASEMENT 55.30 FEET. SAID CURVE IIA VING A CHORD BEARING O F NORTH 41 D EG REES 48 M INUTE 49
SECONDS EAST TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF MISSOURI STATE H IGH W AY "248 " AS VOW
LOCATED: THENCE SOUTH 73 DEGREES 41 MINUTES 13 SECONDS EAST ALONG SAID RIGHT-OF-WAY 0.23
FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY O F SAID EASEMENT: THENCE ALONG A 135.00 FX)T
RADIUS CURVE TO TIIE RIGHT AND SAID EASEMENT 93.83 FEET. SAID CURVE HA VING A CH ORD BEARINCOF
SOUTH 40 DEGREES 32 MINUTES 23 SECONDS WEST: THENCE SOUTH 60 DEGREES 27 M INU TES 06 SECOJDS
WEST ALONG SAID EASEMENT 92.29 FEET: THENCE ALONG A 65.00 FOOT RADIUS CU RVE JO THE LEFT IND
SAID EASEMENT 38.53 FEET. SAID CURVE IIA VING A CHORD BEARING O F SOUTH 43 D EG REES 28 MINUTES 09
SECONDS WEST: THENCE SOUTH 26 DEGREES 29 MINUTES II SECONDS WEST ALONG SAID EASEM ENT 10.26
FEET: THENCE SOUTH 08 DEGREES 01 MINUTES I I SECONDS WEST ALONG SAID EASEM ENT 138.90 FIET:
TIIENCE NORTH 86 DEGREES .V MINUTES 17 SECONDS WEST AI.ONG SAID EASEMENT 50.15 FEET: TO rHE
L -6 8 .1 7 ’ POINT O F BEGINNING CONTAINING 0.61 ACRES MORE OR LESS. SUBJECT TO ANY AND ALL ENCUMBRANCES

a
AND RIGHTS RECORDED R UNRECORDED.
LEGEND R = 1 1 5 .0 0 ‘
C B R G = S 43‘2 8 ‘09"W
« SET # 5 REBAR C L E N = 67.18‘
O FOUND POINT
A COMPUTED POSITION
A R /W MARKER
R /W RIG HT-OF-W A Y

__________________ ______________________ , (SIN G LE, HUSBAND ANI) W IF E . C O R PO R A TE O FFICER I COUNTY NOTE:
HEREBY CERTIFY TH A T IAVE ARE T H E SO L E OW NER(S) O F TIIE P R O PER T Y DESCRIBED THE UTILITY LOT IN QUESTION IS BEING CREATED
H EREON, WHICH IS W ITHIN TH E SUBDIVISION REGULATION JU R ISD IC TIO N O F T H E COUNTY
O FT A N EY , AND TH A T I/W E FREELY AD O PT TH IS PLAN O F SUBDIVISION AND DEDICATE TO STRICTLY TO ALLOW FOR THE PLACEMENT OF A
PUBLIC USE A LL AREAS SHOW N ON T H IS PLA T AS EASEM ENTS O R D EFIC IEN T R IG H T OF WAY TELECOMMUNICATIONS TOWER AND THE A TTENDING
EX CEPT TH O SE SPECIFICA LLY IN DICA TED AS PRIVA TE, AND T H A T IAVE W IL L M AINTAIN A LI. STRUCTURE(S), SUCH AS EQUIPMENT SHELTER(S). NO
SUCII AREAS UNTIL TH E O FF E R OF D EDICATION IS CCEPTED BY TH E A PPR O PR IA TE PUBLIC HABITUAL STRUCTURE SHALL BE CONSTRUCTED UPON
AUTHORITY. THE PROPERTY IN PERPETUITY. NO WATER AND/OR
SEWER SERVICES SHALL SERVE THE PROPERTY IN I—
CO
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q u e s t io n :

(O W N ER SIGNATURE) (O W N ER SIGNATURE) Oiu
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CO UN TY O FTAN EY ) \ \
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ON T H IS _____ DAY O F _______
PUBLIC, PERSONALLY APPE. >I n.
T IIE PERSON(S) DESCRIBED IN AND ICUTEI) T IIE FOREGOING IN STRUM EN T AND
ACKNOW LEDGED TH A T TH EY EXECUTED TH E SAM E AS TH E IR FREE A C I' AND DEED. IN
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W ITNESS W H EREOF. I HAVE HEREU N TO SE T MY HAND AND AFFIXED M Y O FF IC IA L SEAL A > i
MY O FFIC E IN SAID COUNTY AND STA TE AND DAY AND YEAR LAST W R IT TEN ABOVE. LU O o !
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5 1 .1 5 '
SECTION 12
TOWNSHIP 2 3 —N- < CO
RANGE 2 2 —W
PER MWS # 9 3 —5 5 7 4
CONCRETE M ASS CERTIFICATE OF APPROVAL

I HEREBY CERTIFY TH A T TH E M INOR SUBDIVISION SHOW N ON TH IS PLA T HAS BEEN
A PPROVED BY TH E TANEY COUNTY PLANNING COM M ISSION. TH IS PLAT DOES N OT VIOLATE
T H E PROVISIONS O F TH E TANEY COUNTY DEVELOPM ENT GUIDANCE C O D E OR TH E TANEY
CO UN TY SUBDIVISION REGULATIONS.

(PLANNING COM M ISSION CHAIRMAN) ° 3 c
SURVEYOR'S DECLARATION

(PLANNING ADM INISTRATOR) KNOWN ALL M EN BY THESE PRESENTS:
TH A T I, STANLEY J. SCHULTZ, DO HEREBY D ECLARE TH A T TH IS PLAT WAS P REPA RE D
UNDER M Y PERSONAL SUPERVISION FROM AN ACTUAL SURVEY O F TH E LAND H ER EIN
DESCRIBED. PREPARED BY SCHU LTZ SURVEYING AND EN G INEERIN G , DATED
llll
CERTIFICATE OF TANEY COUNTY 911 ADMINISTRATOR 07-28-2016 AND SIGNEI ED BY ‘aw M f.Y .V /^SCIIU LTZ, US. NO. 26JO, AND T H A T TH E
N E 1/A CO RNER M ONUMENTS ANDU LO T COKN jC^V riQ f S W m ^V yE R E IN W ERE I’LA CK I) U ND ER TH E
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Vanderlink T1 Tower Permit#: 16-17

Section Score
Performance

Importance
D i v i s i o n I I I R e l a t i v e P o l i c y S c o r i n g S h e e t :

Factor

Score
Value
W e s t e r n T a n e y C o u n t y

W ater Q uality
SEWAGE DISPOSAL n/a= X
centralized system 2
on-site treatment system(s) with adequate safeguards to mitigate pollution 1
septic system of adequate design and capacity 0 5
proposed system may not provide adequate capacity -1
proposed solution may cause surface and/or ground water pollution -2
E nvironm ental P olicies
SOIL LIMITATIONS n/a= x
no known limitations 0
potential limitations but mitigation acceptable -1 3
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= x
cannot cause impact 0
could impact but appropriate abatement installed -1 2
could impact, no abatement or unknown impact -2
Land Use C o m p a tib ility
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 o m p a tib ility 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
VanderlinkH Tower Permit#: 16-17

Section Score
Performance

Importance
Division ill Relative Policy Scoring Sheet:

Factor
Western Taney County

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=
proposed materials equivalent to existing surrounding structures 0
proposed materials similar and should blend with existing structures -1 2 0 0
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=
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 1 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
VanderlinkH Tower Permit#: 16-17

Section Score
Performance

Importance
D i v i s i o n H I R e l a t i v e P o l i c y S c o r i n g S h e e t :

Factor

Score
Value
W e s t e r n T a n e y C o u n t y

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 E conom ic D evelopm 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, 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 compatiblity factors -2
C om m ercial D evelopm 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 of 5
Vanderlink T1 Tower Permit#: 16-17

Section Score
Performance

Importance
D i v i s i o n l i t R e l a t i v e P o l i c y S c o r i n g S h e e t :

Factor

Score
Value
W e s t e r n T a n e y C o u n t y

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 - C apacity 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 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 c
R 1
40 ft. right-of-way -1
less than 40 ft. right-of-way - 2

Internal Im provem ents
WATER SYSTEM SERVICE n/a= X

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
private wells not meeting any established standards -1
individual / private wells - 2

EMERGENCY WATER SUPPLY n/a= X

fire hydrant system throughout development with adequate pressure and flow 0
fire hydrant system with limited coverage -1 5
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 of 5
Vanderlink T1 Tower Permit#: 16-17

Section Score
Performance

Importance
D i v i s i o n I I S R e l a t i v e P o l i c y S c o r i n g S h e e t :

Factor

Score
Value
W e s t e r n T a n e y C o u n t y

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 0 0
utilities above ground and not within specific easements -1
no specific management of utilities -2
O pen-Space D ensity
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
S olid W aste D isposal
SOLID WASTE 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 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 W eighted Score= 8
Maximum Possible Score= 19
Actual Score as Percent o f Maximum= 42.1%
Number o f Negative Scores= 0
Negative Scores as % o f All Applicable Scores= 0.0%

Scoring Performed by: Date:
Rnh Atnhley and Rnnita itpp July 26, 9(11 f>

Page 5 of 5
Project: Vanderlink T1 Tower
Permit#: 16-17
Policies Receiving a Negative Score
Importance none
Factor 5:
Importance none
Factor 4:
Importance none
Factor 3:
Importance none
Factor 2:
Importance none
Factor 1:
Scoring by: Bob Atchley and Bonita Kissee-Soutee
Date: July 26, 2016
Project: Vanderlink T1 Tower Permit: 16-17
As
Max. Possible % Total Negative Scores
Scored
jScoring 19 8 42.1%

Max. As Negative Scores
Possible Scored Number of Percent
Im portance Factor 5 5 5
sewage disposal
off-site nuisances 0 0
diversification
em ergency services
right-of-way/roads 5 5
em ergency w ater supply
waste disposal service
waste disposal com m itm ent

Importance Factor 4
slopes 0 0
use compatibility 0 0
pedestrian circulation
underground utilities 8 0

Importance Factor 3 6 3
soil limitations
building bulk/scale 0 0
waste containers screening
outdoor equip storage 6 3
industrial buffer / screening
right to farm
right to operate
mixed-use developm ents
developm ent patterns
developm ent buffering
w ater system service

Im portance Factor 2
w ildlife habitat and fisheries 0 0
air quality
building materials 0 0
residential buffer / screening
residential privacy
traffic 0 0
pedestrian safety
usable open space

Importance Factor 1
lot coverage 0 0
rooftop vents / equipm ent
bicycle circulation

Scoring by:Bob Atchley and Bonita Kissee-Soutee
Date: July 26, 2016
N

Vanderlink T1
7/22/2016

Vanderlink T1 Tower
5015 State Highway 248, Branson, MO
Division III Permit Case # 2016-0017
Taney County GIS - Beacon_____

[Village o f S addletorooke1

jM erri am W ood s’ |Taneyvillej

.Bull^Creek\ 5er^ am Woods

Rock away Beach;

[Forsyth;

.Kirbyville
Hollister

1
7/22/2016

2
7/22/2016

3
7/22/2016

Vanderlink
T1 Tower
5015 State
Highway
248,
Branson,
MO
Division III
Permit Case
#2016-0017
Pictometry -
View from
the North

4
7/22/2016

Vanderlink
T1 Tower
5015 State
Highway 248,
Branson, MO
Division III
Permit Case
#2016-0017
Pictometry
View from
the South

03/15/2015

Vanderlink T1 Tower
5015 State Highway 248, Branson, MO
Division III Permit Case # 2016-0017
Pictometry - View from the East

5
7/22/2016

VanderlinkTI Tower
5015 State Highway 248, Branson, MO
Division III Permit Case # 2016-0017
Pictometry - View from the East

vanderlink^
internet that makes the difference -

Mo State 248
Tower site
417 -973-0365

6
7/22/2016

This view is for concept only.
Drawing is not to scale.

Land use lay out resembles the concept. All structures and fencing

W ill be outside of the 25’ centerline set back.

Chain link fencing w ill surround tower site

Propane tank 500 gal

(2) 35 kw Generators

(1) 170’ monopole or 150’ Self supporting tower (based on

Concrete pad w ill support up to two concrete portable structures

After in itia l setup, little to no tra ffic w ill access site.

Roadway w ill be recorded 24/7 giving neighboring land owners the

Option to request video footage upon availability.

v a n d e r lin k ^

Concept hearing July 18, 2016

Thank you for giving us this opportunity to present our concept of this land use.
This site w ill improve the internet coverage to our existing customers and
provide a way to supply services to future customers.
If you should have any additional questions, I would be privileged to speak w ith
you at any time.
G arrett Vanderpool
417-973-0365

7
TANEY COUNTY
TANEY PLANNING COMMISSION
CO UNTY DIVISION III SPECIAL-USE PERMIT
STAFF REPORT

HEARING DATE: August 8, 2016

CASE NUMBER: 2016-0018

PROJECT: 2087 Yandell Cove Nightly Rental

APPLICANTS: Dean & Janice Donat - Find Your Beach-DADJED, LLC

LOCATION: The subject property is located at 2087 Yandell Cove Road,
Kirbyville, MO; Oliver Township; Section 27, Township
23, Range 20.

REQUEST: The applicants, Dean & Janice Donat are 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.

BACKGROUND and SITE HISTORY:

Per the A ssessor’s information, as contained within Beacon, the single-fam ily residence
in question is approxim ately 1,561 square feet in size and was constructed in 1994.
The staff has been unable to locate the Division I (Residential Construction) Perm it for
the property in question.

On April 12, 2016 the Onsite W astew ater Permitting Division of the Planning
Department issued Onsite W astewater Permit # 2016-00062, authorizing the placement
of a new 1,000 gallon septic tank and 400 feet of lateral lines.

The applicants, Dean & Janice Donat are now requesting the approval of a Division III
Special-Use Permit in order to utilize the existing, three (3) bedroom, single-fam ily
residence for nightly rental.

The current application was approved for Concept on July 18, 2016.

GENERAL DESCRIPTION:
The subject property is an approxim ately 9.7 acre (per the A ssessor’s information)
meets and bounds described tract of land containing the existing residence and a small
accessory building.

Division III Special-Use Permit Staff Report - 2087 Yandell Cove Nightly Rental - 2016-0018 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 tim e less than
thirty (30) calendar days, counting portions of days as full days.” Therefore, 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 .” Therefore, per these provisions, the three (3) bedroom home would have a
maximum occupancy of up to eight (8) people.

The property in question is served by an individual, onsite septic system. On April 12,
2016 the Onsite W astew ater Permitting Division of the Planning Departm ent issued
Onsite W astew ater Permit # 2016-00062, authorizing the placem ent of a 1,000 gallon
septic tank and 400 feet of lateral lines. For the continued maintenance of the septic
system serving each home, the Onsite W astewater Permitting staff is recommending
that the septic tank be pumped each five (5) to seven (7) years, or more frequently if
required.

The property in question is currently served by an existing drive off of Yandell Cove
Road.

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 four (4) parking spaces will be required. The residence is
currently served by a lengthy driveway which ends in a circle turn-around area. There is
considerable space for parking; exceeding the minimum parking requirem ents of the
Development Guidance Code.

The adjoining property im m ediately to both the north and south is primarily low density,
large single-fam ily tracts of land. The adjoining property im mediately to the east is
owned by the US Arm y Corps of Engineers, with Bull Shoals Lake being located further
to the west. The adjoining property im m ediately to the west is primarily low density,
large, single-fam ily tracts of land; with land owned by the US Arm y Corps of Engineers
and Bull Shoals Lake being located further to the west.

Pursuant to the provisions of Appendix E, Section 4.7.15 of the Developm ent Guidance
Code, “A buffer shall be established between any structure utilized for nightly rental and
any existing residential land use, meeting the requirements of Appendix H, Section 6
(Technical Plans)” of the Developm ent Guidance Code. The residence in question is
located within the approxim ate center of the approxim ately 9.7 acre property and is
buffered on all sides by existing trees and vegetation.

The project received a total score of -8 on the Policy Checklist, out of a maximum
possible score of 45. The relative policies receiving a negative score consist of right-of-
way on existing roads, em ergency w ater supply, solid waste disposal service and
utilities.

Division III Special-Use Permit Staff Report - 2087 Yandell Cove Nightly Rental - 2016-0018 Page 2
STAFF RECOMMENDATION:

If the Taney County Planning Commission approves Division III Permit # 2016-0018, the
following requirem ents 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
Missouri D epartm ent of Revenue and the Environmental Division of the Planning
Department; including all other entities which have requirements governing a
developm ent of this nature shall be provided to the Planning Department
office. (Chapter VI-VII)

3. 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.

4. This residence shall accom m odate (sleep) no more than eight (8) persons per
night. The total occupancy may be further limited based upon the provisions of
the W estern Taney County Fire Protection District requirem ents and regulations.

5. In the event that the on-site wastewater treatm ent system begins to surface,
showing signs of failure, the property owner shall either repair or replace said
system ensuring capacity for the nightly rental of the building, ensuring that the
system will adequately meet the needs of up to eight (8) people.

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

7. This decision is subject to all existing easements.

8. The existing vegetative buffer shall continue to be preserved around the permiter
of the property.

9. The 2087 Yandell Cove Nightly Rental has been approved as a Special-Use
Permit. Therefore the permit is specific to the applicant to whom the perm it is
issued and cannot be transferred without Planning Commission approval. The
Special-Use Permit shall not be used to establish commercial com patibility fo r or
with any future land-use change applications.

10.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 - 2087 Yandell Cove Nightly Rental - 2016-0018 Page 3
2087 Yandell Cove Nightly Rental Permit#: 16-18

Section Score
Performance

Importance
D i v i s i o n I I I R e l a t i v e P o l i c y S c o r i n g S h e e t :

Factor

Score
Value
E a s t e r n T a n e y C o u n t y

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 0 0
proposed system may not provide adequate capacity -1
proposed solution may cause surface and/or ground water pollution -2
E nvironm ental P olicies
STORM DRAINAGE n/a= X

on-site stormwater retention and absorption with engineered plans 2
on-site stormwater retention and absorption without 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 abatement installed -1 4
could impact, no abatement or unknown impact -2
C ritica l 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 o m p a tib ility
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 o f 5
2087 Yandell Cove Nightly Rental Permit#: 16-18

Section Score
Performance

Importance
D i v i s i o n I I I R e l a t i v e P o l i c y S c o r i n g S h e e t :

Factor

Score
Value
E a s t e r n T a n e y C o u n t y

STRUCTURAL SCREENING OF ROOFTOP EQUIPMENT & VENTS n/a= x
no rooftop equipment / 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 WASTE 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 of 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 E conom ic D evelopm ent
AGRICULTURAL LANDS n/a=
no conversion of Class l-IV agricultural land to other use(s) 0
0 u
development requires reclassification of Class l-IV agricultural land to other use(s) -2
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 2
potential impact on existing industrial uses with no mitigation -2

Page 2 o f 5
2087 Yandell Cove Nightly Rental Permit#: 16-18

Section Score
Performance

Importance
D i v i s i o n I I I R e l a t i v e P o l i c y S c o r i n g S h e e t :

Factor

Score
Value
E a s t e r n T a n e y C o u n t y

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 4
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 compatiblity factors - 2

C om m ercial D evelopm ent
DEVELOPMENT PATTERN / 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 4 2 8
no landscaped buffering, but utilizes expanse of land -1
no or inadequate buffering or separation by land -2
S ervices - C apacity and A ccess
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
2087 Yandell Cove Nightly Rental Permit#: 16-18

Section Score
Performance

Importance
D i v i s i o n I I I R e l a t i v e P o l i c y S c o r i n g S h e e t :

Factor

Score
Value
E a s t e r n T a n e y C o u n t y

RIGHT-OF-WAY OF EXISTING ROADS n/a=
greater than 50 ft. right-of-way 1
50 ft. right-of-way 0 C A c

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
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 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
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 0 0
utilities above ground and not within specific easements -1
no specific management of utilities -2

Page 4 o f 5
2087 Yandell Cove Nightly Rental Permit#: 16-18

Section Score
Performance

Importance
D ivision H I R e l a t i v e Policy S coring Sheet:

Factor
a>

Value
E a s t e r n T a n e y C o u n t y
o
o
w
O pen-Space D ensity
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
S olid W aste D isposal
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 W eighted Score= -8
Maximum Possible Score= 45
Actual Score as Percent o f Maximum= -17.8%
Number o f Negative Scores= 4
Negative Scores as % o f Total Score= 11.4%

Scoring Performed by: Date:

Bob Atchley & Bonita Kissee/Soutee July 26, 2016

Page 5 of 5
7/22/2016

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2087 Yandell Cove Nightly Rental
2087 Yandell Cove Road, Kirbyville, MO
Division III Permit Case # 2016-0018
Taney County GIS - Beacon

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2087 Yandell Cove Nightly Rental
2087 Yandell Cove Road, Kirbyville, MO
Division III Permit Case # 2016-0018
Pictometry - View from the North

2087 Yandell Cove Nightly Rental
2087 Yandell Cove Road, Kirbyville, MO
Division III Permit Case # 2016-0018
Pictometry - View from the South

5
7/22/2016

2087 Yandell
Cove Nightly
Rental

2087 Yandell
Cove Road,
Kirbyville, MO

Division III
Permit Case #
2016-0018

Pictometry -
View from the
East

0 3 /1 5 /2 0 1 5

2087 Yandell
Cove Nightly
Rental

2087 Yandell
Cove Road,
Kirbyville, MO

Division III
Permit Case #
2016-0018

Pictometry -
View from the
West

6
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ApplicantA— ^ i * ^ - ^
1p r o p o s e d D e v e lo p m e n t:

p ro p e rty Lo ca tion :

Courthouse
TANEY COUNTY
TA N E Y PLANNING COMMISSION

COUNTY DIVISION III PERMIT
STAFF REPORT
HEARING DATE: A ugust 8, 2016

CASE NUMBER: 2016-0019

PROJECT: Bear Creek Farms

APPLICANTS: John & Mary Padgett

LOCATION: The subject property is located at 932 Keithley Road,
W alnut Shade, MO; Jasper Township; Section 1,
Township 24, Range 22.

REQUEST: The applicants, John & Mary Padgett are requesting
approval of a Division III Permit to allow for the
developm ent of Bear Creek Farms. Bear Creek
Farms is an agri-tourism business, involving a number
of festivals, event hosting and Dinners at the Barn.
The Bear Creek Farms also contains a Farm Store
which will sell a num ber of retail products such as
wine, local honey, apple products, quilts and pre­
packaged meats, deserts, drinks & sandwiches,
goat’s milk soap, candles & wax melts, fairy gardens,
nuts, quilts & fabric goods, toys and pretties.

BACKGROUND and SITE HISTORY:
The applicants initially applied for a Division III Perm it in 2014 (Division III Application #
2014-0001) for w hat was referenced as a Barn and Fall Festivals. On March 17, 2014
during the Concept Hearing for this Division III Perm it request, the Planning
Comm ission was unanim ous in its belief that the proposed Barn and Fall Festivals (as
described within the Division III Perm it Application) would be considered agricultural
activities, exem pt from the provisions of the Developm ent Guidance Code. The Division
III Permit Application from that tim e indicates that the proposed use would be for an
apple orchard and grape vineyard, with a barn that would be used to process, store and
retail apples, peaches, grapes and honey in season. The application further indicated
that the business would only be open to the public in the fall during special events, with
a maximum of three (3) or four (4) events per year fo r a maximum of twelve (12) days
per year.

On June 1, 2016 the Planning Departm ent received a com plaint from a neighboring
property owner indicating that the applicants are selling liquor by the drink and also by
the bottle w ith o u t firs t obtaining a D ivision III perm it. Upon in vestig atin g the com pla int
and visiting the site, it was determ ined by the staff that Bear Creek Farms is selling a
Division III Permit Staff Report - Bear Creek Farms - 2016-0019 Page 1
num ber of retail products. The business is currently selling wine that is produced off-
site (White Mule W inery) by the drink and also by the bottle. According to the Bear
Creek Farms website you may purchase and sam ple such items as wine, local honey
and apple pie during Sampling Saturdays. The business is also selling such items as
quilts, pre-packaged meats, deserts, drinks and sandwiches. The Bear Creek Farms
website was also recently undated and is now listing retail sales of such products as:
goat’s milk soap, candles & wax melts, fairy gardens, nuts, quilts & fabric goods, toys
and pretties. Bear Creek Farms has also been hosting events advertised as “ Dinners at
the Barn”, in which attendees pay $25.00 per person for a meal and live entertainment.
The website currently lists four (4) dates for the 2016 season for Dinner at the Barn
(May 22nd, July 17th, Septem ber 25th and Novem ber 13th). Per the applicants’ website
The Dinners at the Barn requires reservation in advance, with meals being provided for
up to thirty (30) guests. The website also enum erates a num ber of festivals that have
been and will continue to held throughout the rem ainder of the 2016 season (April 29th-
30th, O ctober 22nd, and Decem ber 10th)

The current application was approved for Concept on July 18, 2016.

GENERAL DESCRIPTION:
The subject property is approxim ately 4.67 acres in size (per the A ssessor’s
information) and is known as Lot one (1) and two (2) of the Bear Valley Ranchero
Subdivision and also includes a meets and bounds described area as well.

The property currently includes a 11/2 acre apple orchard, Vz acre grape vineyard and
eight (8) honey bee hives, with a two (2) acre peach orchard being located on another
parcel o f land, all which are agricultural uses and are therefore exem pt from the
provisions of the Developm ent Guidance Code. However, the property also contains a
barn structure that is utilized as the “Farm Store” (as referenced on the website) for
retail sales and Dinners at the Barn.

REVIEW:
Bear Creek Farms is an agri-tourism business with retail sales. On the Bear Creek
Farms Facebook page it is now advertising that Bear Creek Farms can host private
events such as: birthdays, anniversaries, lunch or dinner, meetings, fam ily reunions,
etc. As previously indicated, Bear Creek Farms is also hosting “Dinners at the Barn”
which include a meal and live entertainm ent for up to thirty (30) guests. Bear Creek
Farms is further hosting a num ber of festivals. The business is currently selling such
items as wine, local honey, apple products, quilts, pre-packaged meats, deserts, drinks
& sandwiches and promises in the near future to also sell such items as goat’s milk
soap, candles & wax melts, fairy gardens, nuts, quilts & fabric goods, toys and pretties.

The Bear Creek Farms “Farm Store” (as referenced on the website) is currently open on
Friday and Saturday from 10:00 AM to 6:00 PM. The staff does not recommend
restrictions on the hours of operation because it appears that the agri-tourism business
may continue to expand beyond its current hours of operation.

Division III Permit Staff Report - Bear Creek Farms - 2016-0019 Page 2
The Bear Creek Farms, Farm Store is served by a private well and an individual on-site
w astewater treatm ent system. The on-site w astew ater treatm ent system was installed
w ithout the issuance of an Onsite W astew ater Treatm ent Permit. The applicants have
been working with Scott Starrett, Onsite W astew ater Permitting, to obtain an Onsite
Permit, after the fact.

The Bear Creek Farms is served by an existing driveway off of Keithley Road. This
driveway contains a separate entrance and exit point, which is clearly marked by
signage. The Bear Creek Farms also contains a small parking area. The applicants will
have ample space on the +/- 4.67 acre tract to expand the parking if necessary in the
future.

The adjoining property im m ediately to the north is Keithley Road, with prominently
vacant properties being located further to the north. The adjoining property im m ediately
to the south and w est is predom inantly vacant. The adjoining property im m ediately to
the east is Keithley Road, light single-fam ily residential properties and vacant
properties.

The project received a score of -22 on the Policy Checklist, out of a maxim um possible
score of 51. The relative policies receiving negative scores consist of right-of-way on
existing roads, em ergency w ater supply, solid waste disposal service, storm water
drainage and utilities.

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. This Division III Perm it commercial designation shall encom pass strictly the area
of the property in question containing the barn structure, currently known as the
Bear Creek Farms, Farm Store.

3. Com pliance letters from the W estern Taney County Fire Protection District and
the Onsite W astew ater Permitting Division of the Planning D epartm ent shall be
submitted to the Planning D epartm ent Office, including all other entities which
have requirem ents governing a developm ent of this nature (Chapter VI-VII).

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

5. This decision is subject to all existing easements.

6. Division II Permits shall be required for all applicable structures in the
developm ent, including the Farm Store (Chapter 3, Section 1, Item B).

7. Prior to the issuance of a Division II Permit, the applicant shall first present an
Onsite W astew ater Treatm ent Permit.

Division III Permit Staff Report - Bear Creek Farms - 2016-0019 Page 3
8. Prior to the issuance o f Division II Certificates o f Conformance (C o f Cs), the
developer shall firs t present a Final Inspection from the W estern Taney County
Fire Protection District to the Taney County Planning D epartm ent Office, if
applicable.

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

Division III Permit Staff Report - Bear Creek Farms - 2016-0019 Page 4
D O C U M E N T PoQ.doSt SECONDING FEE 3
Bear Valley Ranchero
S1-T24N-R22W
STATE USER FEE $4.00 .
TOTAL SLIDE •S)

Taney County, Missouri
FILED
t im e

FEB 0 6 2009
ROBERT A. OKON
RECORDER o f deeds
5th Principal Meridian
TANEY COUNTV
DESCRIPTION:
STATE OF VCftyVClS
COUNTY OF _______"
THE UNDERSIGNED OWNERS OF THE PARCEL OF LAND DESCRIBED IN THE FOREGOING

,
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE SE4 OF SAI0 SECTION 1. THENCE SURVEYOR'S DESCRIPTION HAVE CAUSED SAID PARCEL TO 8E SURVEYEO AS SHOW ON BE IT REMEMBERED THAT ON THIS DAY OF . 2008, BEFORE ME, A

-f-"
S 87‘ 43'39‘ W ALONG THE SOUTH LINE OF SAID NORTH HALF OF THE SOUTH HALF, 1318.00 FEET TO A THIS PLAT ANO HEREAFTER KNOWN AS BEAR VALL8Y RANCHERO. LUBUC IN AN0 F0R ™E COUNTY AND STATE AFORESAiD."U.w CAME TED BOSSINGHAM w AND
POINT ON THE SOUTHWESTERLY R/W LINE KElTHLEY ROAD, THENCE LEAVE SAIO SOUTH LINE N 15’62'36" W • ”7
“ j' ' ' ™ iiv^ n »u ' fin c., nnu
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ALONG SAIO R/W LINE. 87.74 FEET. THENCE CONTINUE ALONG R/W LINE ALONG A SEGMENT OF A CURVE WTNESS WHEREOF, TEO BOSSINGHAM ANO BETTY BOSSINGHAM. HUS8AND MiQ SAME PERSCNS WO EXECUTEO THE FOREGOING INSTRUMENT OF WRITING. AND WHODULY
LEFT HAVING A CHORD 8EARINC AND DISTANCE OF N 5317*33 W. 237.80 FEET, A RADIUS CF 193.69 FEET. A «*«*■ CAUSED THIS INSTRUMENT TO BE EXECUTEO THIS J . & OAY OF ACKNOWLEDCEO THE EXECUTION OF SAME TO BE THEIR FREE ACT AND OEEO
DISTANCE OF 255.58 FEET. THENCE S 89T7'30‘ W. 420.79 FEET. THENCf ALONG A CURVE LEFT HAVING A * __ — 2008. a
CHORO BEARING AND DISTANCE OF S 8a-31'29‘ W, 199.45 FEET. A RADIUS OF 7450.00 FEET, A DISTANCE OF J V S m K ^ " 10 S£T MY HAN0 ANO AFFIX MY OFFICIAL SEAL ON WE DAY
199.45 FEET. THENCE S 87,45'28‘ W. 114.40 FEET, THENCE ALONG A CURVE LEFT HAVING A CHORD BEARING
AND DISTANCE OF S 85H-36* W. 198.01 FEET, A RADIUS OF 2212.86 FEET, A DISTANCE OF 198.08 FEET,
THENCE S 82-37‘45- W. 133.66 FEET. THENCE ALONG A CURVE RICHT HAVING A CHORD BEARING AND
DISTANCE OF S 85-5l’00' W, 201.93 FEET, A RADIUS OF 1796.94 FEET. A DISTANCE OF 202.04 FEET, THENCE
S 89‘04'16“ W, 1263.19 FEET. THENCE LEAVE R/W LINE S 11\33‘42* E, 254.90 FEET TO A POINT ON THE
SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF SAID SECTION 1. THENCE N 87'43'39* E ALONC
SAIO SOUTH UNE. 2694.41 FEET TO THE POINT OF BEGINNING. CONTANNG 14.57 ACRES. MORE OR LESS,
TOGETHER MW AND SUBJECT TO ALL EXISTING EASEMENTS AND RESTRICTIONS OF RECORO.

Ted & Belty Bossingham

TANEY COUNTY PLANNING COMMISSION CERTIFICATION:
(1) OWNERSHIP INFORMATION OF ADJOINING PARCELS, AS SHOWN .71APFR0VE0 BY lvfe TANEY COUNTY PLANNING COMMISSION THIS 911 ROAO AND LOT ASSIGNMENTS:
HEREON, HAS BEEN PROVIDED 8Y OTHERS NO CUARANTEE IS GIVEN AS 2 k ---- DAY OF ________ _ 200X^
TO THE ACCURACY OF THIS INFORMATION. US- R 0™ AN0 L0T ASSIGNMENTS IN BEAR VA1IEY RANCHERO
. THIS SURvEy DOE HAVE BEEN APPROVED T H S/Jlb* DAY CF V-VTrt \ ^ -y - __ _
-rt^^pER AMENDMENT 1989 OF 1993. «

911 ^PRESENTAHVE
(4) THIS SURVEY REPRESENTS A RURAL SURVEY.
GRAPHIC SCALE

LEGEND ( IN F!ET )
1 inch - 100 it
=> EXISTING IRON PIN
TANEY COUNTY RECORDER (EXCEPT AS NOTED)
SURVEYO R'S STA TE M ENT: = 1 /2 " (#4) SET REBAR & CAP. CORNERSTONE
I H E RE BY STA TE T H A T I H fA L A N D AC CUR ATE
= RE8AR PREV. SET BY MWS.
= POINT OF BEGINNING. A REGIONAL SURVEYING, L.L.C.
S U R V E Y O F T H E L A N D S DlS = MEASURED. P.O. Box 623, Hollister, MO. 65673
BH
[A N D FOUND CONDITIONS
TO AS IN D IC ATE D . T H IS ■ORDANCE W ITH = DEED. Telephono: (417) 33 4-5195 Fax: (417) 3 3 7 -9 2 8 5
S TA N D AR D S AD O P T E D BYT
PROFESSIO NAL ENGINEEi
^ARD FOR ARCHITECTS,
“ YORS.
= PLAT.
= COMPUTED. DATE: January 31, 2008 DRAWN BY: TCM
= RIGHT-OF-WAY. SCALE: 1” = 1 0 0 ’ CHECKED BY: RJA
» EXISTING. REF:
L A R R Y A .G A R D N E R
PROJ:
DRAWING NO .:6-0709135sd3 SHEET: 1 OP 1

I
wwXw Bear Creek Farms Branson
B t i July 21 f t 8:59pm-

I Did you know that Bear Creek Farms can help you host a private event?
Birthdays, anniversaries, lunch or dinner, meetings, family reunions ... you
name it, we can help you create memories worth sharing. Call us at 417­
501-5244 and let us know how we can host you!

Bear Creek
Farms Branson
@bearcreekfarmsbranson
I'M IN NEED OF A
Home

About
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Photos

Reviews
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Bear Creek Farms Branson added an event.
July 21 at 8:37pm •

JUL
7/29/2016 Bear Creek Farms - Apple Orchard, Apiary, and Farm Store

Bear Creek Farms

Apple O rchard, Apiary, and Farm Store

Welcome to Bear Creek Farms

Apple Orchard, Apiary, and Farm Store
Nestled on a beautiful ridge overlooking Bear Creek, we are located 10 minutes north of Branson,
Missouri, in the rustic Ozark Mountains.
Step back in time and indulge in a sweet taste of history on the farm. We offer creamy apple butter and
fresh apple sauce handcrafted in copper kettles over an open fire. Fruit picking will tantalize your
tastebuds as you pick from our choicest seasonal crops of fresh apples, peaches, grapes and pumpkins.
Visit our beehives and learn about the tremendous importance of honey bees by viewing our
observation hive and guided bee classroom.
Bear Creek Farms' mission is to preserve the history and values of a time gone by. It's a way when life
seemed slower, when folks were connected to the land that sustained them, when families worked and
stayed together. We live these values, and look forward to sharing them with you!
Come. Visit us on the farm. Relax into the serenity of these mountains and reconnect with yourself and
your family. We know you'll love it as much as we do.

‘H B e a r

4 thoughts on “W elcom e to Bear Creek Farm s”

https://bearcreekfarm sbranson.com / 1/2
7/29/2016 Bear Creek Farms - Apple Orchard, Apiary, and Farm Store

M ONAM says: May 6. 2016 at 12:29 am REPLY
1. We would like to attend the May 22nd dinner in the barn. My fiance cannot eat pork so if chicken or
beef is on the menu we are in. Please let me know if you have room for us. Thank you Mona Menezes
SNPADGETT says: May 9. 2016 at 5:10 am REPLY
0 Hello, Mona!
We would be happy to accommodate your fiance's dietary needs. Please give us a call at 417-501­
5244 to discuss how we can best serve you. Thanks!
CAROL MILLER says: Tulv 9. 2016 at 3:21 pm REPLY
2. Mary and John, how we all enjoyed our lunch on July 7 at the barn! Your restaurant and store are
both a delight. The quiche was the best I've ever had! You really outdid yourselves that day! Thank
you for all that you did. I am looking forward to trying the Sweet Salsa and your apple butter! We
will definitely return! Blessings!
Carol Miller
SNPADGETT says: Tulv 12. 2016 at 3:51 am REPLY
° Hi, Carol! Thanks so much for coming out to see us! We're so happy you enjoyed the visit!

CREATE A FREE WEBSITE OR BLOG AT WORDPRESS.COM. I THE SETA THEME.

https://bearcreekfarm sbranson.com / 2/2
7/29/2016 Dinner at the Barn - Bear Creek Farms

Bear Creek Farms

Apple Orchard, Apiary, and Farm Store

Dinner at the Barn

Starlight. Live music. Friends. Good country
cooking.

For an unforgettable evening, step away from the crowd and head to Bear Creek Farms for Dinner at the
Barn. Each dinner, hosted quarterly, features locally-grown, seasonal foods combined in unique menus
by local cooks. Each four course meal is served family-style at our farm tables, outdoors if it's nice,
inside if the weather's uncooperative. Live music and games will round out the evening, so come ready
to sit a spell!
The next Dinner at the Barn will be held on September 25, 2016.
Make reservations any time by calling us at 417-501-5244

https://bearcreekfarm sbranson.com /dinner-at-the-barn/ 1/3
7/29/2016 Dinner at the Barn - Bear Creek Farms

THANK YOU for attending
Dinner at the Barn!
Missed it?
It's never too early to reserve a spot at the September 25th
dinner. Call us at 417-501-5244 and we'll save you a seat!

5 thoughts on “D inner at the Barn”

FRIEDA says: October 18. 2015 at 3:51 am
1. The dinner sounds delicious. What days and times do you serve dinner?

https://bearcreekfarm sbranson.com /dinner-at-the-barn/
7/29/2016 Dinner at the Barn - Bear Creek Farms

SNPADGETT says: October 18. 2015 at 3:58 pm
° Hello, Frieda! Our first dinner at the barn is on November 14, 2015 at 7:00 p.m.! If you'd like to
make a reservation, please call us at (417) 501-5244 and we'd love to host you! You can also stop
by to see us any time; we are open Wednesday to Saturday from 10 to 6! Thank you!
JANA says: October 24. 2015 at 2:21 am
2. We are curious about the dinner November 14th. We would like to make a reservation please. I left a
message earlier today on your voicemail.
Thank you
Jana Winn
417-337-0118
JULIE says: July 18. 2016 at 9:20 pm
3. My mother and I had a delicious dinner at the barn yesterday! Thank you for a wonderful experience
with a great atmosphere, mouthwatering food and superb service. Looking forward to your next
event!
SNPADGETT says: lulv 20. 2016 at 3:19 am
o Hi Julie! We're so glad you could come by! We appreciate you and your momma being there!
Hope to see you again soon!
Comments are closed.

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7/29/2016 Event Calendar - Bear Creek Farms

Bear Creek Farms

Apple O rchard, Apiary, and Farm Store

Event Calendar

Here's a preview of Bear Creek Farms' 2016 events; make sure you check back with us on the website,
on Facebook fhttps: / / www.facebook.com/bearcreekfarmsbranson/?ref=hl) for all the details!
Season Opening — 1000 a.m. to 6:00 p.m., April 28, 2016
Spring Planting Festival — April 29-30th
Spring Dinner at the Barn — May 22nd (reservations only)
Ice Cream Social — June 18th
Early Summer Dinner at the Bam — July 17th (reservations only)
Early Autumn Dinner at the Barn — September 25th (reservations only)
Fall Harvest Festival — October 22nd
Holiday Dinner at the Barn — November 13th
Carols, Cocoa, and Cookies — December 10th
Last Day of Season — December 17th

BLOG AT WORDPRESS.COM. I THE SELA THEME.

https://bearcreekfarm sbranson.com /event-calendar/
7/29/2016 Farm Store - Bear Creek Farms

Bear Creek Farms

A pple O rchard, Apiary, and Farm Store

Farm Store

From cabbages to quilts, this little farm store has a bit of everything! To check availability, please call us
at 417-501-5244.

Fresh Produce

Fresh, farm-grown produce is available seasonally, as indicated below. Our produce is grown
organically, without any pesticides.
Spring Produce
Strawberries
Summer Produce
Blackberries, Cabbage, Corn, Cucumber, Green Pepper, Onion, Potatoes, Tomatoes
Baker Creek Heirloom seeds
Autumn Produce (Starting in September)
Apples: Jonathan, Golden Delicious, Red Delicious, and Fuji
Pumpkins

https://bearcreekfarm sbranson.com /farm -store/ 1/8
7/29/2016 Farm Store - Bear Creek Farms

(https: / /bearcreekfarmsbranson.com/ farm-

store/img_4101 /#main)

(h ttp s://b earcreek farm sb ran so n .co m /farm -

store/img_4098/#main)

https://bearcreekfarm sbranson.com /farm -store/ 2/8
7/29/2016 Farm Store - Bear Creek Farms

(https://bearcreekfarm sbranson.eom /farm -store/im g_3078/#m ain)

(https://bearcreekfarm sbranson.com /honey/im g_3738/#m ain)

(https://bearcreekfarm sbranson.com /2015/10/13/grand-opening-and-

family-fun-festival / stack-o-pumpkins / #main)

https://bearcreekfarm sbranson.com /farm -store/
7/29/2016 Farm Store - Bear Creek Farms

(https://bearcreekfarm sbranson.com /2015/10/13/grand-opening-and-family-fun-festival/dad-w-
apples-2015/#main)

Honey

Honey has been dubbed nature's perfect food, and we couldn't agree more! We extract and bottle our
own honey on the farm three times a year (spring, summer, and early fall). Bear Creek Farms honey is
local honey, which can help with seasonal allergies.
Honey is sold in Half-Pint, Pint, Quart, and Gallon (when available) jars. Sampling available at the Farm.

https://bearcreekfarm sbranson.com /farm -store/ 4/8
7/29/2016 Farm Store - Bear Creek Farms

(https://bearcreekfarm sbranson.com /farm -store/im g_3922/#m ain)

(https://bearcreekfarm sbranson.com /honey/im g_3739/#m ain)

(https://bearcreekfarmsbranson.com/honey/jar-of-honey-close-up/#m ain)

Apple Butter

This super-secret family recipe makes a sweet & spicy treat, perfect with hot buttered biscuits, in recipes,
or straight out of the jar! Sam pling available at the farm.

https://bearcreekfarm sbranson.com /farm -store/ 5/8
7/29/2016 Farm Store - Bear Creek Farms

Missouri M eats

You've never had the breakfast of your life until you've tried Cinnamon Bacon! Featuring Swiss Meats
out of Hermann, Missouri, we carry several varieties of fresh meats and sausages from this family-
owned company.
Cinnamon Bacon, Beer & Cheese Brats, Apple Cinnamon Brats, Summer Sausage, Bologna

G oat’s M ilk Soap

Under Construction

https://bearcreekfarm sbranson.com /farm -store/ 6/8
7/29/2016 Farm Store - Bear Creek Farms

Candles and W ax Melts

Under Construction

Fairy Gardens

Under Construction

Nuts

Under Construction

Quilts & Fabric G oods

Under Construction

Toys

Under Construction

Pretties

Under Construction

https://bearcreekfarm sbranson.com /farm -store/ 7/8
7/29/2016 Bees, Honey & Other W ild Things - Bear Creek Farms

Bear Creek Farms

A pple O rchard, Apiary, and Farm Store

Bees, Honey & Other Wild Things

Bees & Honey
Oh, sweetness! Our honey is local and raw, bottled straight from the hive. Our bees spend their time
pollinating our apple and peach trees. Unlike store bought honey, ours has a light, refreshing flavor of
apple blossoms, lavender, and herbs.

(https://bearcreekfarm sbranson.com /honey/im g_3755/#m ain)

https://bearcreekfarm sbranson.com /honey/ 1/5
7/29/2016 Bees, Honey & O ther W ild Things - Bear Creek Farms

(https://bearcreekfarm sbranson.com /honey/im g_3739/#m ain)

(https://bearcreekfarm sbranson.com /honey/jar-

of-honey-close-up /#main)

https://bearcreekfarm sbranson.com /honey/ 2/5
7/29/2016 Bees, Honey & O ther W ild Things - Bear Creek Farms

(https://bearcreekfarm sbranson.com /im g_2110/)

(https:/ /bearcreekf armsbranson.com/honey / img_4113 / #main)

(https:/ /bearcreekfarmsbranson.com/honey / img_3643/#main)

We sell our honey in half-pints, pints, quarts, and gallons (when available). Feel free to call us to reserve
some honey for you and yours, as our honey sells out fast!
https://bearcreekfarm sbranson.com /honey/ 3 /5
7/29/2016 Bees, Honey & Other W ild Things - Bear Creek Farms

Half-Pint $5.00
Pint $9.00
Quart $17.00
Gallons, please call for current price

Alpacas

W hat's cuter than an alpaca? Not much we can think of! These camelids reign supreme in South
America, where their fiber (not wool!) is prized for being lightweight, yet extremely warm and durable.
If you stop by the farm, make sure you touch our fiber samples so you can see for yourself just how soft
the fiber is compared to wool or cotton. These creatures are gentle and shy, yet possess curious
personalities; our herd of three loves treats, so if you hold your hand out with a little snack you'll get a
sweet and snuggly kiss on the hand.
Every spring each of our herd is sheared, giving them an otherworldly appearance (see below). The fiber
then slowly grows back so that in the winter months the animals stay warm and toasty in the barn.
We have three alpaca males: Cruiser (the youngest), Hershey Kiss, and Three Musketeer.

(h ttp s://b earcreek farm sb ran so n .co m /h o n ey /im g _ 3 7 0 7 /# m ain )

(https://bearcreekfarm sbranson.com /honey/img_3722/#main)

https://bearcreekfarm sbranson.com /honey/ 4/5
7/29/2016 Bees, Honey & O ther Wild Things - Bear Creek Farms

(https://bearcreekfarm sbranson.com /2015/10/13/grand-opening-and-family-fun-

festival/ img_2835/ #main)

(https:/ /bearcreekfarm sbranson.com /honey/ img_4029/#main)

BLOG AT WORDPRESS.COM. I THE SETA THEME-

https://bearcreekfarm sbranson.com /honey/
Bear Creek Farms Permit#: 16-19

Section Score
Performance

Importance
D i v i s i o n I I ! R e l a t i v e P o l i c y S c o r i n g S h e e t :

Factor

Score
Value
E a s t e r n T a n e y C o u n t y

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 0 0
proposed system may not provide adequate capacity -1
proposed solution may cause surface and/or ground water pollution -2
E nvironm ental P olicies
STORM DRAINAGE n/a=
on-site stormwater retention and absorption with engineered plans 2
on-site stormwater retention and absorption without engineered plans 1
stormwater retention with managed and acceptable run-off 0 4 -1 -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 abatement installed -1 4
could impact, no abatement or unknown impact -2
C ritica l Areas
PRESERVATION OF CRITICAL AREAS n/a=
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 2 6
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 o m p a tib ility
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 0 0
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 o f 5
Bear Creek Farms Permit#: 16-19

Section Score
Performance

Importance
D i v i s i o n III R e l a t i v e P o l i c y S c o r i n g S h e e t :

Factor

Score
Value
E a s t e r n T a n e y C o u n t y

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

/
no rooftop equipment 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 WASTE 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 of 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 E conom ic D evelopm ent
AGRICULTURAL LANDS n/a=
no conversion of Class l-IV agricultural land to other use(s) 0
1 0 u
development requires reclassification of Class l-IV agricultural land to other use(s) -2

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 2

potential impact on existing industrial uses with no mitigation -2

Page 2 o f 5
Bear Creek Farms Permit#: 16-19

Section Score
Performance

Importance
D i v i s i o n l i t R e l a t i v e P o l i c y S c o r i n g S h e e t :

Factor

Score
Value
E a s t e r n T a n e y C o u n t y

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 4
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 compatiblity factors -2
C om m ercial D evelopm 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 - C apacity and A ccess
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
Bear Creek Farms Permit#: 16-19

Section Score
Performance

Importance
D i v i s i o n i l l R e l a t i v e P o l i c y S c o r i n g S h e e t :

Factor

Score
Value
E a s t e r n T a n e y C o u n t y

RIGHT-OF-WAY OF EXISTING ROADS n/a=
greater than 50 ft. right-of-way 1
50 ft. right-of-way 0 C A
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
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 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
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 0 0
utilities above ground and not within specific easements -1
no specific management of utilities -2

Page 4 of 5
Bear Creek Farms Permit#: 16-19

Section Score
Performance

Importance
D i v i s i o n H i R e l a t i v e P o l i c y S c o r i n g S h e e t :

Factor

Score
Value
E a s t e r n T a n e y C o u n t y

Open-Space D ensity
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
S olid W aste D isposal
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 W eighted Score= -22
Maximum Possible Score= 51
Actual Score as Percent o f Maximum= -43.1%
Number o f Negative Scores= 5
Negative Scores as % o f Total Score= 14.3%

Scoring Performed by: Date:

Bob Atchley & Bonita Kissee/Soutee July 26, 2016

Page 5 of 5
Project: Bear Creek Farms
Permit#: 16-19
Policies Receiving a Negative Score
Importance right-of-way / roads emergency water supply waste disposal service
Factor 5:
Importance stormwater drainage utilities
Factor 4:
Importance none
Factor 3:
Importance none
Factor 2:
Importance none
Factor 1:
Scoring by:Bob Atchley & Bonita Kissee/Soutee
Date: July 26, 2016
Eastern District Relative Policies: Division III Permit

Project: Bear Creek Farms Permit: 16-19
Max. As
% Total Negative Scores
Possible Scored
|Scoring 51 -22 -43.1% 5 35.7%

Max. As Negative Scores
Possible Scored Number o f Percent
Im portance Factor 5 5 -20 3 100.0%
sewage disposal
right-of-way / roads 5 -5
em ergency w ater supply 0 -10
waste disposal service 0 -5
waste disposal com m itm ent

Im portance Factor 4 24 -8 2 40.0%
storm water drainage 8 -4
air quality
off-site nuisances 8 0

use com patibility 0 0
diversification
developm ent buffering
utilities 0 -4
pedestrian circulation
underground utilities 8 0

Im portance Factor 3 12 6
preservation of critical areas 6 6
screening of rooftop equip
screening / waste containers
screening of outdoor equip
industrial landscape buffers
right to farm 0 0
mixed-use developm ents
em ergency services 0 0
water systems 6 0

Importance Factor 2
residential landscape buffers
right to operate
residential privacy
traffic 0 0
pedestrian safety
usable open space

Im portance Factor 1
agricultural lands 0 0
bicycle circulation

S c o rin g by:B ob Atchley & Bonita Kissee/Soutee
Date: July 26, 2016
7/22/2016

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932 Keithley Road, Walnut Shade, MO
Division III Special-Use Permit 2016-0019
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03(01/2016

Bear Creek Farms
932 Keithley Road, Walnut Shade, MO
Division III Special-Use Permit 2016-0019
Pictometry - View from the North

02/22/2016
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Bear Creek Farms
932 Keithley Road, Walnut Shade, MO
Division III Special-Use Permit 2016-0019
Pictometry - View from the South

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Bear Creek Farms

932 Keithley Road,
Walnut Shade, MO

Division III Special
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0019

Pictometry - View
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02/ 21/2016

Bear Creek Farms

932 Keithley Road,
Walnut Shade, MO

Division III Special
Use Permit 2016­
0019

Pictometry - View
from the West

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TANEY T a n e y C o u n t y P l a n n in g C o m m is s io n
P. O. Box 383 • Forsyth, Missouri 65653
COUNTY Phone: 417 546-722S / 7226 • Fnx: 417 546-6861
website: wvrw.taneycounty.org

March 21, 2014

Mr. John Padgett
504 Keithley Road
Walnut Shade, MO 65771
Re: Bam and Fall Festivals - Considered Exempt from the Development Guidance Code
Dear Mr. Padgett:
On March 17.2014, during the Concept Hearing (first hearing), the Planning
Commission was unanimous in its belief that the proposed bam and fall festival(s) (as
described within your Division III Permit Application) to be held at the property located
at 932 Keithley Road, Walnut Shade, are to be considered agricultural activities, exempt
from the provisions of the Taney County Development Guidance Code. Please note that
future land-use changes may require a Division III Permit.
-Please also note that the exemption from the land-use provisions of the Development
Guidance Code will not be exempt your proposed project from the on-site wastewater
permitting requirements of the Missouri Department of Health and Senior Services.
Please feel free to contact Scott Starrett, Taney County On-Site Wastewater Permitting, at
(417) 546-0764 in order to discuss the applicable on-site wastewater permitting
requirements.
Please feel free to contact me with questions or concerns. Thank you for your time,
patience and assistance.
Sincerely,

Bob Atchley ^
Taney County Planning Administrator
A n y proposed project th at does no t have a posted 911 address m ust be identified
with a survey flag a t the proposed access to the property. Failure to p ost the
survey flag w ill result in a delay o f the Public Hearing. Please give a description o f
yo ur proposed project including a ll uses: (IM P O R TA N T: Make this description as
complete as possible as yo u r p ublic notice w ill be based on the information
provided here.)

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K e -fT 7 //W & t T U->i L L

Revised 12/19/03
The Taney County
P lanning Commission
W ill Hold A Public Hearing Concerning The
Following Requested Zone Change
Under the Division III Process /

A p p lic a n t; I )U TVA.
P ro p o s e d D e v e lo p m e n t;

P r o p e rty L o c a t io n ;

H t.-a rin g L o c a tio n : T a n e y t o u n t y ^ o u r j h o i is e

T lm e :£ : 0 0 PM D -u .-. T ^ . o T . J - W - ____
Phono: 4 1 7 -5 5 6 -7 2 2 5
ENTRANCE

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OPEN JULY HOURS

OPEN
FRESH TOMATOES
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P&Z Public Meeting Packet

The original county PDF remains the downloadable record artifact and the printable source document.

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