P&Z Regular Meeting Packet

T a n e y C o u n t y P l a n n in g C o m m is s io n
P. O. Box 383 • Forsyth, Missouri 65653
Phone: 417 546-7225 / 7226 • Fax: 417 546-6861
website: www.taneycounty.or0

AGENDA
TANEY COUNTY PLANNING COMMISSION
REGULAR MEETING
MONDAY, SEPTEMBER 19, 2016, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

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

Review and Action:
Minutes; August 2016

Final Vote:
Armor, LLC

Concept:
East 76 Motors

Old and New Business:
Tentative

Adjournment.
TANEY T a n e y C o u n t y P l a n n in g C o m m is s io n
P. O. Box 383 • Forsyth, Missouri 6S653
COUNTY Phone: 417 546-7225 / 7226 • Fax: 417 546-6861
website: www.taneycounty,org

MINUTES
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, AUGUST 8, 2016, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Chairman Steve Adams called the meeting to order at 6:00 p.m. A quorum was
established with seven members present. They were: Steve Adams, Dave Stewart,
Randy Haes, Doug Faubion, Howard Kitchen and Randy Fogle. Staff present; Bob
Atchley and Bonita Kissee-Soutee.

Hyden Nightly Rental 535 Lakewood Dr.; a request by Terry Hyden to operate a
nightly rental business from an existing structure. Mr. Atchley read the staff report and
presented pictures, maps and a video of the site. Russ Schenewenk representing Mr.
and Mrs. Heider who own property in the neighborhood addressed the Commission
regarding their opposition of the request. He stated that the nightly rentals were started
before permits were obtained and after the stop work orders were posted, they
continued to operate. These businesses are advertised on the internet. He stated that
boat slips are advertised as coming with the rentals but most of them do not belong to
Mr. Hyden. Permission has not been given to utilize the slips and permission must come
from the Corps, allowing someone other than the owners to use it. Mr. Schenewenk
pointed out that the buffering is not adequate, and that none of the requirements in his
opinion can be met by the applicant. In his opinion, if a stop work order had not been
posted he would never have sought approval. He reported that renters have left behind
trash that the surrounding property owners have had to clean up. Mr. Heider presented
a Power Point presentation showing reasons in his opinion the request should not be
granted. Some of the points of contention included, road width, noise, parking, trash,
access to the businesses, property values, compatibility, compliance with the Corps,
personal safety of the neighbors, type of people being rented to, drugs and prostitution.
Tom and Linda Bokel who live in the neighborhood expressed how this nightly rental
affected them including the previously mentioned items, and also presented a Power
Point presentation. Polly LeRock who lives in the neighborhood spoke in opposition to
the request and stated that she was Mr. Hyden's realtor in the past. Sherry Sims and
her husband spoke in opposition to the request and stated the reason they bought in
this neighborhood was that they didn't want the traffic of commercial businesses. She
was concerned for her safety when she is alone at night. James Unger and his son,

1
brother, sister and daughter all live on Graham Clark Dr. and are not in favor of the
request because in his opinion it will destroy the neighborhood. Jean Bowen and her
mother who is elderly, live in the neighborhood and are not in favor of the request and
fear for their personal safety at night. Sherron Wingert who lives in the neighborhood
reported that nightly rentals are not allowed according to their covenants. There has
been a lot of damage in the neighborhood by the nightly renters according to Mrs.
Wingert. She asked the Planning Commission to consider if this was next door to them
would they want it. Donna Lakey another neighbor spoke in opposition to the request
and stated that cars and boats and other equipment are left out and in the way, and
that since Mr. Hyden moved out he doesn't pay his water bill for the shared well. Mr.
Adams asked Mr. Hyden about the well issue, who stated that he would pay her what
he owes her and that he would drill his own well. Mr. Hyden addressed the issues
brought forward, and stated that he picked up the trash after his renters, and he does
own three boat slips. He pointed out that his properties are clean and mowed, trash
picked up once a week, and he understands the concerns. He reported that he has
talked to the Corps about the boat slips. The deputy present stated that pictures should
not be taken of license plates. Mr. Hyden stated that people have called his insurance
agent, and asked questions to the people who have rented his properties and he feels
they have overstepped. After everyone spoke the public hearing was closed. This
project will proceed to final vote next week.

Hyden Nightly Rental 319 Lemonwood Lane: a request by Terry Hyden to
operate a nightly rental business from an existing structure. Mr. Atchley read the staff
report and presented pictures, maps and a video of the site. Randy Dunn who rents this
site occasionally spoke in favor of this use because he used to rent out one of the
homes and ended up buying it. However he also wanted to protect the neighborhood.
Mr. Schenewenk addressed some of the comments made and pointed out that only one
person out of approximately 40 spoke in favor of this use. Cindy Heider who lives in the
neighborhood was also opposed. She stated that the weekend of the frat party she was
having a birthday party for her young grandson and had to move it because of the
offensive party. After everyone spoke the hearing was closed. This project will proceed
to final vote next week.

Hyden Nightly Rental 260 Lemonwood; a request by Terry Hyden to operate a
nightly rental business from an existing structure. Mr. Atchley read the staff report and
presented pictures, maps and a video of the site. The Power Point presentation was
revisited again and some of the same points brought forward. Mr. Schenewenk pointed
out that there were no sprinklers in this structure as well as the other two, and they are
not ADA compliant. Parking was discussed. Polly LeRock pointed out that when there
are motorcycles, there can be two people on each. Mr. Hyden stated that most of the
concerns were in motion, and that he owns one well and shares the other two and he
will enforce the rules of his nightly rentals. Diane Unger asked how Mr. Hyden could
enforce the restrictions when no one is on site. Mr. Adams stated that Mr. Hyden should

2
make sure this is done. After Mr. Adams gave everyone the opportunity to speak the
public hearing was closed. This project will also proceed to final vote next week.

VanderlinkTl; a request by Linda Crosby to place a 200' monopole tower and
two structures to house radio equipment on property located at 5015 St. Hwy. 248. Mr.
Atchley read the staff report and presented pictures, maps and a video of the site. Kent
Vanderpool explained where the tower would sit on the site. Greg Hoffman who lives
next door to the property operates a business from his home there. He stated he wasn't
comfortable with a tower being that close to his property. He asked if the entire
acreage was being purchased or just the parcel where the tower will be. He was also
concerned with asthetics, property values, health risks, and height guidelines. Bob
Jones who built the road, stated that his son lives at the end of the road, and is not in
favor of the tower. Mr. Jones felt it was too close to the property lines. Elta Jones who
has lived on the property for a long time stated that the easement is only 16' and is the
only road that goes to their son's house. Mr. and Mrs. Jones were both concerned about
the pie shaped piece of property, and wondered if they could put the tower somewhere
else. Garrett Vanderpool another representative of the project pointed out there is a 50'
road easement, and that Mr. Jones parks his truck on it. He stated that it will be a
monopole tower which doesn't require as much land. He explained how the tower
works and that there is protection from RF. Mr. Haes asked about fall radius. Mr. Jones
stated that if it were to fall, it would bend down onto itself. Mr. Fogel asked where the
trucks would park during construction. Mr. Jones stated that they would park on Ms.
Crosby's property. The easement will be moved further into her property. There will not
be any added traffic to this road. Mr. Haes asked that the applicant bring a site map
showing both easements to the next meeting. Mr. Jones stated that the reason for
choosing this site was because of good land usage. After discussion the public hearing
was closed. This project will proceed to the next meeting August 15.

2087 YC Henry (name change to Find your Beach, DADJED, LLC); a request by
Dean & Janice Donat to operate a nightly rental from an existing structure located at
2087 Yandell Cove Road. Mr. Atchley read the staff report and presented pictures, maps
and a video of the site. Mr. Donat was present to address any questions from the
Commission. George Sism who lives next to this site asked if Mr. Donat moved and was
no longer close to take care of the place would the permit still be valid, and if he didn't
comply with the rules what would happen. The Commission addressed the concerns of
Mr. and Mrs. Sism. With no other discussion the public hearing was closed and this
project will proceed to final vote next week.

Bear Creek Farms; a request by John Padgett to operate a commercial business
on property located at 932 Keithley Road. Mr. Atchley read the staff report and
presented pictures, maps and a video of the site. No one signed up to speak. Mr.
Padgett was present to address questions from the Commission. Discussion followed
regarding Mr. Padgett adding the property connecting his house to this property. Mr.
Kitchen asked if he was still concerned about his taxes, and Nr. Padgett stated tnat he

3
had spoke with the Assessor and it won't raise them too much. Mr. Padgett asked about
#4 of the decision of record. Mr. Atchley agreed to remove proposed condition
concerning storage of outdoor equipment. The Commission explained #2 and #3. With
no other discussion the public hearing was closed and will proceed to final vote next
week.

Old and New Business:
Mr. Haes brought up if the agenda could be rearranged at the meeting if needed.
Discussion followed.

Adjournment:
With no other business on the agenda for August 11, 2016 the meeting
adjourned at 9:30 p.m.

4
 T a n e y C o u n t y P l a n n in g C o m m is s io n
P. O. Box 383 • Forsyth, Missouri 65653
Phone: 417 546-7225 / 7226 • Fax:417546-6861
website: www.taneycounty.org

AGENDA

TANEY COUNTY PLANNING COMMISSION
REGULAR MEETING
MONDAY, AUGUST 15, 2016, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Chairman Steve Adams called the meeting to order at 6:00 p.m. A quorum was
established with seven members present. They were Steve Adams, Dave Stewart, Doug
Faubion, Randy Haes, Randy Fogle, Howard Kitchen, Brad Lawrence. Staff present; Bob
Atchley, and Bonita Kissee-Soutee.

Mr. Atchley read a statement outlining the procedures for the meeting.

Review and Action:
Minutes, July 2016, with no additions or correction a motion was made by Dave
Stewart to approve. Seconded by Howard Kitchen. The vote to approve the minutes as
written was unanimous.

Final Votes:
Hyden Nightly Rental, 535 Lakewood Dr.; Mr. Atchley read the proposed decision
of record. Mr. Adams asked for questions or comments from the Commission. Mr.
Kitchen discussed the stop work order and pointed out that since this was posted the
properties were still being rented. Mr. Adams discussed the shared well. Mr. Faubion
asked if he still planned on drilling another well and Mr. Hyden stated that he didn't
because the well is on his property. Mr. Stewart discussed onsite management. After
discussion a motion was made by Mr. Kitchen to deny the request based upon onsite
nuisances, and incompatibility to the surrounding area. Mr. Faubion seconded. The vote
to deny the request was unanimous.

Hyden Nightly Rental, 319 Lemonwood Lane; Mr. Atchley read the proposed
decision of record. There was no discussion. A motion was made by Mr. Kitchen to deny
the request based upon off-site nuisances, incompatibility to the surrounding area, and
limited ingress and egress. Mr. Faubion seconded. The vote to deny the request was
unanim ous.
 Hyden Nightly Rental, 260 Lemonwood Lane; Mr. Atchley read the proposed
decision of record. There was no discussion. A motion was made by Mr. Kitchen to deny
the request based upon incompatibility to the surrounding area, relative policies
regarding noise, off site nuisances and limited ingress and egress. Seconded by Mr.
Fogel. The vote to deny the request was unanimous.

Vanderlink T l, Wireless Internet Tower; Mr. Atchley read the proposed decision
of record. Mr. Haes asked if the applicant could demonstrate where the easement is.
The representative pointed it out on the map. Discussion followed. The representatives
for Vanderlink stated that they had met with the neighbors regarding the easement and
would work with them however they wished it to be. Mr. Stewart asked where the
tower would sit in relationship to the home. Mr. Atchley stated that he shot a second
video of the site depicting the survey steaks and location of tower, showing
approximately 80' between the two. Discussion followed regarding buffering, and
removal of trees and vegetation. The applicants stated that only where the tower will sit
will have vegetation removal. An adjustment to the decision of record will be made
regarding this. After discussion a motion was made by Mr. Haes to approve based upon
the decision of record with the change. Mr. Stewart seconded. The vote to approve was
unanimous.

2087 YC Henry, Nightly Rental; Mr. Atchley read the proposed decision of record. Mr.
Stewart asked if the applicant would be monitoring the business himself and he stated
that he would. With no other discussion a motion was made by Mr. Stewart to approve
based upon the decision of record. Seconded by Mr. Lawrence. The vote to approve
was unanimous.

Bear Creek Farms; the applicant was not present. Mr. Stewart made a motion to wait
until the end of the meeting to see if he was present by then. Seconded by Mr. -. The
motion to postpone the vote until the end of the meeting was unanimous. After the
concept hearings the Commission voted on the request. Mr. Atchley read the proposed
decision of record and a motion was made to approve based upon the decision of
record by Mr. Lawrence. Seconded by Mr. Haes. The vote to approve was unanimous.

Concepts:
McAdara Nightly Rental; Mr. Atchley presented location maps of the site. The
applicant explained his plans. The residence has 4 bedrooms and ample parking. There
is an individual septic and well. They are local and will monitor the business themselves.
There are monthly rentals in this neighborhood and property owners who are not local.
The Commission suggested talking to the neighbors before the letters go out. There is a
boat dock which will not be available to the renters. Mr. Atchley suggested they visit
with the fire district. With no other discussion this project will proceed to public hearing
September 12.
 Armor, LLC; Mr. Atchley presented location maps of the site. The applicant was
present to explain that he plans to display a couple of storm shelters beside T-Highway,
and presented a site plan. This property is not within a subdivision. The shelters will not
be manufactured on the site. The applicant lives on the site. He wants to make the
driveway wider to provide parking. A sign will be placed between the two shelters. Mr.
Haes discussed site distance regarding the placement of the sign. The Commission
suggested talking with White River regarding being too close to the power pole. With no
other discussion this request will proceed to public hearing September 12.

Old and New Business:
No discussion.

Adjournment:
With no other discussion the meeting adjourned at 6:56 p.m.
 TANEY i k T a n e y C o u n t y P l a n n i n g C o m m is s io n
P. O. Box 383 • Forsyth, Missouri 65653
COUNTY Phone: 417 546-7225 / 7226 • Fax:417546-6861
website: www.ta.neycounty,org

APPLICATION FOR CONCEPT
DIVISION III
TANEY COUNTY PLANNING COMMISSION

The Concept Application is for the use of the Planning Staff and Commission to
enable us to know the nature of the planned project. The official Division III
Application for permit will be filed along with everything needed to complete
your file, as listed on the Division III Procedure Checklist Division III
Applications: $150.00, Special Use Application's: $150.00/)

NAME OF PROJECT: '"/& /W V~77T£-S^_______

NAME OF APPLICANT: / ? /C K /Yl£ . / ___________
{Must be owner o f record)

SIGNATURE: / / '^ / ______________ DATE: ^ J- 7 " //*
' j -^ (M ust be owner o f record)

MAILING ADDRESS: /7 90' 7^> /)fT,L ■f f l 0

TELEPHONE: 7 / / ^ A T/ E M A I L Or-JL./t?:A1

Representative Information

NAME OF REPRESENTATIVE: a/ O lfy

MAILING ADDRESS (rep.): V IA / . . /tfC (sr£&&

TELEPHONE NUMBER (rep.):

cH'H- a
p\\~ 10- 11
Revised 01/01/2010

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 Property Information

ACCESS TO PROPERTY (street # and name): SoS'Z, F tfu? / J7& ,

fiiz o ,t€r£gs /IN' U 'rtl£ Y

Number of Acres (or sq. ft. of lot size):

PARCEL # : il-LO- 02 - QOS — Oo J ~~60 !, C D I______________
(Parcel # MUST be on permit. Example: 00-0.0-00-000-000-000.000. This number is on top left hand comer of
property tax statement. If you have not paid taxes on property, must have name of previous owner of property.)

SECTION: 2-ZZ-Z.I TOWNSHIP:__________ RANGE-

NAME OF SUBDIVISION (if applicable):_____________________

Lot # (if applicable! BLOCK #

WITHIN 600' FROM THIS PROPERTY IS:
(Check all land uses that apply)

E Commercial □ Multi-Family M Residential □ Agricultural
□ Multi-Use □ Municipality

SEWAGE DISPOSAL SYSTEM:
□ Treatment Plant □ Individual
□ Central Sewer: District # _________

WATER SUPPLY SYSTEM:
□ Community Well $ Private Well
□ Central: District # _________

DOES THE PROPERTY LIE IN THE 100-YEAR FLOOD PLAIN? □ Yes M No

THIS REQUEST FALLS INTO ONE OR MORE OF THE FOLLOWING
CATEGORIES:

□ Residential □ Multi-Family %Commercial □ Industrial
□ Sp ecial U se □ O ther - E xp lain :_____________________

Revised 12/19/03
Any proposedproject that does not have a posted 911 address must be identified
with a survey flag at the proposed access to the property. Failure to post the
survey flag will result in a delay of the Public Hearing. Please give a description of
your proposed project including all uses: (IMPORTANT: Make this description as
complete as possible as yourpublic notice will be based on the information
provided here.)

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Revised 12/19/03
^B eacon Taney County, MO
Overview

Legend
□ Parcels
Roads
Lakes
□ Corporate Limits

Parcel ID 17-1.0-02-003-001-001.001 Alternate ID n/a Owner Address BEKEMEIER RICK & KIMA
Sec/Twp/Rng 2-22-21 Class n/a 17396 LAWRENCE 2075
Property Address 3032 ESTATE HWY 76, BRANSON, MO 65616 Acreage n/a MTVERNON MO 65712-
District 6CWX
Brief Tax Description VALLEY PARK VALLEY PARK PT PL 3
(Note: Not to be used on lega I documents)

Date created: 8/11/2016

^ ^4 Developed by
S^neider "^e Schneider Corporation
 oogv$ A $

VALLEY PARK