P&Z Public 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
T. O. Box 383 • Forsyth, Missouri 65653
Phone: 417 546-7225 / 7226 • Fax: 417 546-6861
website: www.taneyeounty.org

AGENDA
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
TUESDAY, OCTOBER 11, 2016, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

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

Public Hearing:
East 76 Motors

Old and New Business:
Tentative

Adjournment.
 TANEY COUNTY
TANEY PLANNING COMMISSION
COUNTY DIVISION III SPECIAL-USE PERMIT
________ STAFF REPORT________

HEARING DATE: October 11,2016

CASE NUMBER: 2016-0022

PROJECT: East 76 Motors

APPLICANTS: Rick & Kima Bekemeier

REPRESENTATIVE: Brandon Bekemeier

LOCATION: The subject property is located at 3032 East State
Highway 76, Branson, MO; Scott Township; Section
2, Township 22, Range 21.

REQUEST: The representative, Brandon Bekemeier is requesting
approval of a Division III Permit authorizing the
establishment of a pre-owned auto sales facility.

BACKGROUND and SITE HISTORY:

The subject property is +/- .55 acres (per survey) and is described as a meets and
bounds portion of Plot 3 of the Valley Park Subdivision. The Valley Park Subdivision
was originally platted in 1919. The property in question currently contains a single­
family residence, a portion of which was constructed in 1925 (per the Assessor’s
information as indicated within Beacon).

On August 16, 1999 the Planning Commission issued Division III Permit # 99-30
authorizing the development of the Bekemeier’s Apple Butter, which involved the
manufacturing, wholesale mail ordering and retail sales of apple butter. At that time
Rick & Kima Bekemeier owned both the property that is the subject of this application
and also the property adjoining immediately to the west, located at 3024 East State
Highway 76 (Parcel # 17-1.0-02-003-001-001.002). At the time of this Division III Permit
application Mr. & Mrs. Bekemeier lived at the property located at 3032 East State
Highway 76 (Parcel # 17-1.0-02-003-001-001.001), which is now the subject of the
current Division III Permit request.

On D ecem ber20, 1999 the Planning Commission issued Division III Perm it# 1999­
0045, which authorized a beauty salon as an addition within the structure originally
approved to be Bekemeier’s Apple Butter business. The building in question is now
home to Airline Graphics and Images Salon & Spa.

Division III Staff Report - East 76 Motors - 2 0 1 6 -0 0 2 2 Page 1
The applicant is now seeking the Planning Commission approval of a Division III Permit
in order to establish a pre-owned auto sales facility at the location of the existing
residence located at 3032 East State Highway 76.

The current application was approved for Concept on September 19, 2016.

GENERAL DESCRIPTION:

The proposed East 76 Motors will consist of a gravel parking area for the display and
sales of pre-owned automobiles.

The representative, Brandon Bekemeier has been working with MoDOT in seeking to
remove the two (2) car garage that is currently located directly at the corner of State
Highway 76 and Valley Park Road. A portion of the garage in question is actually
located on the right-of-way of State Highway 76. At the time of the writing of this staff
report the representative has indicated that he will likely request to continue the
application until such time that he can reach an agreement with MoDOT in regard to the
removal of the building. If the building is removed the representative has indicated that
he will construct or place a small structure on the property to act as the office for the
pre-owned auto sales business.

The proposed hours of operation will be Tuesday through Friday 10:00 AM to 4:00 PM.
The representative has indicated that he will display no more than a maximum often
(10) cars at one time. The representative has further indicated that there will be no cars
serviced on-site. All of the cars will either be kept clean on-site, via a mobile washing
service or will be taken off-site for cleaning. The representative has indicated that the
pre-owned auto sales facility will not be served by either a restroom or water. The
representative has an existing full time job and therefore plans to operate East 76
Motors on a part-time basis.

REVIEW:

The representative has indicated that due to the part-time nature of the business, East
76 Motors will not be served by a restroom facility or water. Interested buyers will
contact the representative via telephone in order to schedule a time to meet onsite. The
part time, pre-owned auto sales facility will not be staffed on a regular basis. The
representative has indicated that the facility will have signage directing potential patrons
to his telephone number for inquiries about the pre-owned automobiles. The
representative is to be the sole staff member.

Per the provisions of Appendix J (On-Site Parking and Loading) auto sales and service
centers require I parking space for every 300 square feet. The representative is
planning to remove the existing, two car garage; allowing for a gravel, customer parking
area along the eastern side of the property.

Once the two car garage has been removed, the representative is proposing to access
the property via Valley Park Road.

Division III Staff Report - East 76 Motors - 2 0 1 6 -0 0 2 2 Page 2
The adjoining property immediately to the north is State Highway 76, with the Country
Club Heights residential subdivision being located further to the north. The adjoining
property immediately to the south is primarily light, single-family residential. The
adjoining property immediately to the east is Valley Park Road, with vacant property
being located further to the east. The adjoining property immediately to the west is
commercial, with single family residential being located further to the west.

The project received a score of -8 on the Policy Checklist, out of a maximum possible
score of 27. The relative policies receiving a negative score consist of emergency water
supply, use compatibility, utilities and traffic.

SUMMARY:

If the Taney County Planning Commission approves this request, the following
requirements shall apply, unless revised by the Planning Commission:

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

2. Compliance letters from the Taney County Road and Bridge Department.

3. A current copy of the Missouri State Dealership License shall be provided to the
Planning Department office.

4. Parking shall be provided in compliance with the provisions of the Taney County
Development Guidance Code.

5. Normal business hours of operation shall be Tuesday through Friday 10:00 AM to
4:00 PM.

6. No outside storage of equipment or solid waste materials, other than
automobiles.

7. This decision is subject to all existing easements.

8. East 76 Motors has been approved as a Special-Use Permit. Therefore the
permit is specific to the applicant to whom the permit is issued and cannot be
transferred without Planning Commission approval. The Special-Use Permit shall
not be used to establish commercial compatibility for or with any future land-use
change applications.

9. Division II Permits will be required for any applicable structures in the
development (Chapter 3 Sec. I Item B).

10. 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 Staff Report - East 76 Motors - 2 0 1 6 -0 0 2 2 Page 3
East 76 Motors Permit#: 16-22

Section Score
Performance

Importance
Division ill Relative Policy Scoring Sheet:

Factor
Eastern Taney County

Score
Value
W ater Q uality
SEWAGE DISPOSAL n/a= X

centralized system 2
on-site treatm ent system(s) with adequate safeguards to mitigate pollution 1
septic system of adequate design and capacity 0 5
proposed system may not provide adequate capacity -1
proposed solution may cause surface and/or ground w ater pollution -2
Environm ental Policies
STORM DRAINAGE n/a= X

on-site stormwater retention and absorption with engineered plans 2
on-site stormwater retention and absorption w ithout engineered plans 1
stormwater retention with managed and acceptable run-off 0 4
no stormwater retention, but adverse impacts from run-off have been mitigated -1
no acceptable management and control of stormwater run-off -2
AIR QUALITY n/a= X

cannot cause impact 0
could impact but appropriate abatem ent installed -1 4
could impact, no abatem ent or unknown impact -2
Critical Areas
PRESERVATION OF CRITICAL AREAS n/a= X

no adverse impact to any designated critical area 2
one of the designated critical areas impacted but can be fully mitigated 1
more than one o f 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 o f the designated critical areas impacted with no ability to mitigate problem -2
Land Use Com patibility
OFF-SITE NUISANCES n/a=
no issues 2
minimal issues, but can be fully mitigated 1
issues that can be buffered and mitigated to a reasonable level 0 4 1 4
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 -1 -4

impact readily apparent / out o f place -2

Page 1 of 5
East 76 Motors Permit#: 16-22

Section Score
Performance

Importance
Division HI Relative Policy Scoring Sheet:

Factor
Eastern Taney County

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

no rooftop equipm ent / vents or blocked from view by structure design or screening 0

partially blocked from view -1 3
exposed / not blocked from view -2
STRUCTURAL SCREENING OF SOLID W ASTE CONTAINERS n/a= X

no on-site waste containers or blocked from view by structure design or screening 0
partially blocked from view -1 3
exposed / not blocked from view -2
STRUCTURAL SCREENING OF OUTDOOR EQUIP, STORAGE, ETC. n/a= X

no outdoor storage of equipment, materials, etc., or outdoor work areas 2
blocked from view by structure design 1
blocked from view using screening 0 3
partially blocked from view -1
exposed / not blocked from view -2
LANDSCAPED BUFFERS - RESIDENTIAL n/a= X

approved landscaped buffer between homes and all streets / roads / highways 2
approved landscaped buffer from major roads / highways only 1

minimal landscaped buffer, but compensates with expanse 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 o f land -1 3
no landscaped buffer from public roads -2
Local Econom ic Developm ent
AGRICULTURAL LANDS n/a= X

no conversion of Class l-IV agricultural land to other use(s) 0 1
developm ent requires reclassification of Class l-IV agricultural land to other use(s) -2
RIGHT TO FARM n/a= X

does not limit existing agricultural uses / does not cause nuisance, predation 0
does not limit existing agricultural uses, but may result in m inor nuisance -1 3
potential impact(s) on existing agricultural land -2
RIGHT TO OPERATE n/a= X

no viable impact on existing industrial uses by residential developm ent 0
potential impact but can be mitigated -1 2
potential impact on existing industrial uses with no mitigation -2

Page 2 of 5
East 76 Motors Permit#: 16-22

Section Score
Performance

Importance
Division III Relative Policy Scoring Sheet:

Factor
Eastern Taney County

Score
Value
DIVERSIFICATION n/a= X

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

creates full-time, year-round and seasonal jobs 1 4
creates seasonal jobs only 0
Site Planning, Design, Occupancy
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=
uses / functions are compatible or not applicable 2

uses / functions are integrated and separated based on compatibility 1
/
uses functions differ m inim ally and are not readily apparent 0 3 1 3
uses / functions poorly integrated or separated -1
uses / functions mixed without regard to compatiblity factors -2

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

approved and effectively designed landscaped buffers between structures and all roads 2

minimal landscaped buffering, but compensates with expanse of land 1
minimal landscaped buffering 0 4
no landscaped buffering, but utilizes expanse o f land -1
no or inadequate buffering or separation by land -2

Services - Capacity and Access
UTILITIES n/a=
adequate utilities capacity as evidenced by letter from each utility 0
adequate utilities capacity w ithout 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 -1 -2
traffic flow increases exceed current road capacities -2

EMERGENCY SERVICES n/a= x
structure size and/or access can be serviced by emergency equipm ent 0
structure size and/or access may impede but not hinder serviceability -1 3

structure size and/or access could be problematic or non-serviceable -2

Page 3 of 5
East 76 Motors Permit#: 16-22

Section Score
Performance

Importance
Division ill Relative Policy Scoring Sheet:

Factor
Eastern Taney County

Score
Value
RIGHT-OF-W AY OF EXISTING ROADS n/a=
greater than 50 ft. right-of-way 1
50 ft. right-of-way 0
O
40 ft. right-of-way -1
less than 40 ft. right-of-way -2
Internal Im provem ents
W ATER SYSTEMS n/a= X

central w ater system meeting DNR requirements for capacity, storage, design, etc. 2
comm unity well / water system meeting DNR requirements 1
private wells meeting DNR requirements 0 3
private wells not meeting any established standards -1
individual / private wells -2
EMERGENCY W ATER SUPPLY n/a=
fire hydrant system throughout developm ent with adequate pressure and flow 0
fire hydrant system with limited coverage -1 5 -2 -1 0

no fire hydrant system -2
PEDESTRIAN CIRCULATION n/a= X

paved and dedicated walkways (no bicycles) provided throughout development 2
paved walkways provided throughout developm ent / maybe shared with bicycles 1
designated walkways provided but unpaved 0 4 2
no pedestrian walkways, but green space provided for pedestrian use -1
no designated pedestrian walkway areas -2
PEDESTRIAN SAFETY n/a= X

separation o f pedestrian walkways from roadways by landscape or structural buffer 2
separation of pedestrian walkways from roadways by open land buffer 1 2
pedestrian walkways abut roadways with no buffering / protection 0
BICYCLE CIRCULATION n/a= X

dedicated / separate bike-ways with signage, bike racks, trails 2
bicycle lanes shared with pedestrian walkways but separated by markings / signs 1 1

no designated bike-ways 0
UNDERGROUND UTILITIES n/a=
all utilities are provided underground up to each building / structure 2
all utilities traverse developm ent underground but may be above ground from easement 1

utilities above ground but / over designated easements 0 4 0 0

utilities above ground and not within specific easements -1

no specific m anagem ent of utilities -2

Page 4 of 5
East 76 Motors Permit#: 16-22

Section Score
Performance

Importance
Division ill Relative Policy Scoring Sheet:

Factor
Eastern Taney County

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

residential developm ents (>25 units) include more than 25% open recreational space 2
residential developm ents (>25 units) offer >10% but <25% open recreational space 1
recreational area provided, but highly limited and not provided as open space 0 2
no designated recreational space provided, but open space available -1
no open recreational space provided -2

Solid W aste Disposal
SOLID W ASTE DISPOSAL SERVICE AVAILABILITY n/a= X

weekly service is available and documentation o f availability provided 0
weekly service reportedly available but not documented -1 5
centralized, on-site trash collection receptacles available -2
SOLID W ASTE DISPOSAL SERVICE COMMITMENT n/a= X

restrictive covenants provide for weekly disposal for each occupied structure 0
services available but not a requirement documented in covenants -1 5
not applicable / no pick-up service provided -2
Total W eighted Score= -8
Maximum Possible Score= 27
Actual Score as Percent of Maximum= -29.6%
Num ber of Negative Scores= 4
Negative Scores as % of Total Score= 11.4%

Scoring Performed by: Date:

Bob Atchley & Bonita Kissee/Soutee September 29, 2016

Page 5 of 5
Project: East 76 Motors
Permit#: 16-22
Policies Receiving a Negative Score
Importance emergency water supply
Factor 5:
Importance use compatibility utilities
Factor 4:
Importance none
Factor 3:
Importance traffic
Factor 2:
Importance none
Factor 1:
Scoring by: Bob A tchley & Bonita Kissee/Soutee
Date: Septem ber 29, 2016
Eastern District Relative Policies: Division III Permit

Project: East 76 Motors Permit: 16-22
Max. As
% Total Negative Scores
Possible Scored
|Scoring 27 -8 -29.6% 4 50.0%

Max. As Negative Scores
Possible Scored Num ber of Percent
Importance Factor 5 5 -5 1 50.0%
sewage disposal
right-of-way / roads 5 5
em ergency w ater supply 0 -10
waste disposal service
waste disposal com m itm ent

Importance Factor 4 16 -4 2 50.0%
storm water drainage
air quality
off-site nuisances 8 4
use com patibility 0 -4
diversification
developm ent buffering
utilities 0 -4
pedestrian circulation
underground utilities 8 0

Importance Factor 3 6 3
preservation o f critical areas
screening of rooftop equip
screening / waste containers
screening of outdoor equip
industrial landscape buffers

right to farm
mixed-use developm ents 6 3
em ergency services
w ater system s

Importance Factor 2 0 -2 1 100.0%
residential landscape buffers
right to operate
residential privacy

traffic 0 -2

pedestrian safety
usable open space

Importance Factor 1
agricultural lands

bicycle circulation

Scoring by: Bob A tchley & Bonita Kissee/Soutee
Date: Septem ber 29, 2016
DESCRIPTION

A SURVEY OP PART OF PLOT *3 * OF VALLEY PARK SUBDIVISION OF THE NE4 OF THE SW4
OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 21 WEST, TANEY COUNTY, MISSOURI, AS PER THE
RECORDED PLAT THEREOF AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF THE NE4 OF THE SW4 OF SAID SECTION 2,
THENCE S 0 2 ‘42’2 0 ’ E ALONG THE EAST LINE OF SAID NE4 OF THE SW4, 115.78 FEET,
THENCE LEAVE SAID EAST LINE N 8 9 ‘11’3 2 ’ W, 20.00 FEET TO A SET REBAR ON THE
EAST LINE OF PLOT "3", VALLEY PARK SUBDIVISION, SAID POINT BEING THE POINT OF
BEGINNING, THENCE S 0 2 ,4 2 '2 0 “ E ALONG THE EAST LINE OF SAID PLOT 3, 174.44 FEET
TO A SET REBAR, THENCE LEAVE SAID EAST LINE S 8 9 *0 9 '2 3 ' W, 143.44 FEET TO A SET
REBAR, THENCE N 01‘27 ’08" E, 178.25 FEET TO A SET REBAR ON THE SOUTHERLY R /W
UNE OF MISSOURI STATE HIGHWAY #76 EAST, THENCE S 89*11*32’ E ALONG SAID R /W
LINE 130.89 FEET TO THE POINT OF BEGINNING, CONTAINING 0 .5 5 ACRE, MORE OR LESS,
TOGETHER WITH AND SUBJECT TO ALL EXISTING EASEMENTS AND RESTRICTIONS OF RECORD.

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3032 East State Highway 76, Branson, MO
Division III Permit Case # 2016-0022
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East 76 Motors
3032 East State Highway 76, Branson, MO
Division III Permit Case # 2016-0022
Pictometry - View from the North

4
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East 76 Motors
3032 East State Highway 76, Branson, MO
Division II! Permit Case # 2016-0022
Pictometry - View from the South

East 76 Motors
3032 East State Highway 76, Branson, MO
Division III Permit Case # 2016-0022
Pictometry - View from the East

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East 76 Motors
3032 East State Highway 76, Branson, MO
Division III Permit Case # 2016-0022
Pictometry - View from the West

6
 T h e Ta n e y C ounty
P u n n i n g C o m m issio n
Will Hold A Public Hearing Concerning The
Following Requested Zone Change
Under the Division III Process

Proposed Devetopmonb.

Property location*

Hearing Location:
Time: 6:00 PM