P&Z Public Meeting Packet

T AN EY 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: 4 1 7 546-7225 / 7226 • F ax:417546-6861
COUNTY . website: wivw.taneycounty.or/j

AG EN D A
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, APRIL 10, 2017, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

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

Public Hearings:
133 N. Tuscany Dr. Vacation Rental #16-34
360 Lone Pine N ightly Rental #17-3
Western Taney County Fire Protection D istrict #17-7
Reese N ightly Rental #17-8
Essential Therapeutic Massage #17-10
Deer Crossing N ightly Rental #17-11

Old and New Business:
Echo Hollow Estates

Adjournment.
TANEY T a n e y C o u n t y P l a n n in g C o m m is s io n
P. O. Box 383 • Forsyth, Missouri 65653
Phone: 417 546-7225 / 7226 *> F ax:417546-6861
COUNTY website: ivww.tcmeycoimty.org

TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
#16-34
A PR IL 10, 2017
133 N, TOSCANY DRIVE VACATION RENTAL

Jonathan George is seeking the Planning Commission approval for a Division III Special­
is e Permit allowing for the nightly rental of the existing single-family residence. The
residence contains three bedrooms.

Per the Assessor's information the single-family residence was constructed in 2007. The
single-family residence is held in condo style ownership at the Villas of Fieldstone a t
Branson Creek Development.

The current application was approved for Concept March 20, 2017.

The Taney County Development Guidance Coe defines nightly rental as "A residential
building, structure, or part thereof that may be rented for any period of time less than
thirty 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 days or greater.

The exterior appearance of the single-family residence will remain the same. Per the
nightly rental provisions of the Development Guidance Code, "The maximum occupancy
for a nightly rental shall be two persons per dwelling unit, plus two persons per
bedroom. Therefore, the three bedroom home would have a maximum occupancy of
eight people.

The property is currently served by an existing drive off N. Tuscany.

Per the nightly rental provisions of the Development Guidance Code, "One off-street
parking space shall be provided for each two persons of occupancy in a nightly rental."
Therefore a total of four parking spaces will be required. The project received a total
score of -1 on the policy checklist, out of a maximum possible score of 29.

If the Taney County Planning Commission approves Division III Permit #2016-0034, the
following requirements shall apply, unless revised by the Planning Commission:

1. Compliance with the provisions of the Taney County Development Guidance
Code.
2. Compliance letters from the Western Taney County Fire Protection District, th e
Missouri Department of Revenue and the Environmental Division of the Planning
Department; including all other entities which have requirements governing a
development 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 Department prior to the issuance of a Certificate of Compliance.

4. No outside storage of equipment or solid waste materials.

5. This decision is subject to all existing easements.

6. The residence located at 133 N. Tuscany Drive shall accommodate (sleep) no
more than the Maximum Occupancy "The maximum occupancy for a nightly
rental shall be two persons per dwelling unit, plus two persons per bedroom7'.
The total occupancy may be further limited based upon the provisions of the
Western Taney County Fire Protection District requirements and regulations.

7. The 133 N. Tuscany Dr. Vacation Rental has been approved as a Special-Use
Permit. Therefore the permit is specific to the representative 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 fo r or
with any future land-use change applications.

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).
March 29, 2017

Taney County Planning Commission:

We are writing this letter on behalf of our neighbors, Scott and Carmon George.
We own the villa connected to theirs in the Fieidstone Villas in Hollister.

In the two years we have lived next to them we have had no problems with
their renters. They are quiet and seem to be respectful of the property and the
neighborhood in general.

Even though we do not rent our villa, we have not objection to the Georges
or any other owners in our area from doing so.

We have nothing but good things to say about the Georges. They have done
an excellent job of maintaining their villa, and it is beautiful inside and out.

Please grant them a nightly rental permit.

Loretta and Pete Goebel
135 No Tuscany Drive
Hollister, Missouri 65672
 Scott and Cannon George
102 Pod St, Lafayette, LA 70507 |337-349-6923 |j4299@aol.com

0 4 /0 1 /2 0 1 7

Taney County Planning and Zoning
Division 111 Special Use Permit
George Nightly Rental
133 N. Tuscany Dr. Hollister, MO 65672

Dear Taney County Planning and Zoning:

1 am applying for the Division 111 Special Use permit for nightly rentals at my Villa located at 133N.
Tuscany Dr, Hollister, MO 65672.1 thank you in advance for your consideration of this permit,

My wife and 1purchased our Villa in 2007 with the intent of semi retiring one day to the Branson Area,
The first 1ever heard of the Fieldstone Villas was in 2007 1was staying at the Landing and went down to
the Real Estate office in the Landing to inquire about some properties that we could look at that would
allow us to stay their part time and have nightly rentals when we're not using the property. The sales
consultant walked me directly over to an advertisement board that showcased Branson Creek and
Fieldstone Villas which allowed nightly rentals. 1took the brochure along with other property information
and called to set up a time to go view the Fieldstone Villa’s. (See attached Nightly Rental brochure
in your packet attachm ent A)

Throughout the Branson area, Branson Creek advertised many billboards including nightly rentals,

Upon looking at several properties around Branson we decided to purchase a Villa at Fieldstone Villas.
Once the purchase was complete we received in the mail an offer for Branson Creek to include our Villa in
their already established nightly rental program for Branson Creek, Fieldstone Villas and Fieldstone
Bluffs. ( please see the attached cover letter from Branson Creek and a copy of the
Fieldstone At Branson Creek Rental Program Agreement, Attachment B)

Also 1have included another rental agreement from one of our neighbors for their Villa (see
attachment C.) There were many Fieldstone Villas that were managed by Branson Creek and openly
advertised in many areas around Branson including the flashing sign located at the Ramada Inn, 1610 W.
76 Country Blvd, Branson MO

I have also included a document from Branson Creek titled 'Fieldstone Villas At Branson Creek Rental
Pool General Conditions' This document is dated 12/26/2007 faxed from Branson Development with fax
number 417-334-8912. This document explains the guidelines for the owners on how the rental program
works including the use of the Villa amenities, annual rental income and many other things related to the
nightly rental program. (See attachm ent D.)

Upon our purchase of our Villa in 2007, Tim Mahoney was the Division Manager for Branson
Development and showed us a document stating that Fieldstone Villas and Fieldstone Bluffs were
 approved for nightly rentals. Also our Sales Agent for Branson Creek Bonnie Kuizinas Showed us
numerous advertisements of Branson Creek Fieidstone Villas Nightly Rental Programs along with Villa
Rental History showing potential revenues.

Tim Mahoney made a request to the Taney County Planning Commission sometime in 2014 to reiterate
the approval of nightly rentals, In a letter dated 09/26/2014 Bob Atchley the Taney County Planning
Administrator issued a letter of response to Tim Mahoney the Branson Development Division Manger on
the official letter head ofTaney County that defines in no uncertain terms that Fieidstone Villas,
Fieidstone Bluffs and Pinnacles at Branson Creek, (See attachm ent E.)

I understand that Taney County has reviewed the documentation for approvals for nightly rentals as it
pertains in the letter attachment E mentioned above and that the opinion is that since it was not listed
specifically in the Decision of Record than it was not approved.

Al! of the information listed above is to show that nightly rentals has existed in Branson from its inception
and was advertised and marketed as such. There has been no effort to hide nightly rentals in any way
from inception.

It has been stated that the covenants for Fieidstone Villas do not allow nightly rentals, That is absolutely a
false statement, Nowhere in the covenants for Fieidstone Villas does it say or suggest that nightly rentals
or not allowed, nor does it say specifically that they are allowed, In all of my conversations with the
Fieidstone Villas HOA they are perfectly Fine with nightly rentals and have been since inception since the
fact that this is the same HOA that shared in the management of the nightly rental program for Fieidstone
Villa at Branson Creek.

My wife and I rent our Villa out on average approximately 31 nights a year, We market mostly to a
demographic of retirees who enjoy playing golf, This allows us to rent to people who are most likely not
going to abuse our Villa of furnishings. We do not want to rent our Villa more than the 40 nights a year as
to save on wear and tear of our property and furnishings. The majority of our guest stay on average 3.1
nights per stay.

We have a local representative for any 911 issues that may occur for our Villa, his name is Don Campbell
and his contact number will be listed with Taney County as well as posted inside and outside of our Villa if
our permit is approved, Don is a resident in Hollister, MO

I have also included a letter from our neighbor whose Villa adjoins our Villa and is in full support of us
receiving the nightly rental permit, (See attachm ent F.) Pete and Loretta Goebels contact email
is pete@goehelinachine.com if you w ould like to contact them directly.

1have owned the Villa located at 133 N. Tuscany Dr, Hollister, MO since 2007, in all that time we have
had no complaints to the Fieidstone Villa HOA.

We respectfully ask you to approve our application for the Division III Special Use Permit for nightly
rentals.

Sincerely,

Scott George

Page 2
 )
ranson ( 'rock is locatal in iancv ( iounly,
just south ol Branson, Missouri o n i iwv ftfi.

T h .- Communities.«
BRANSON C REEK

866-334-7817
www.bransun-crcek.com
100 Branson Creek Blvd.
 The Communities at B
BRANSON CREEK

Mr. Scott George
411 Kilboume Circle
Carencia, LA 70520

Re: Fieldstone Management
Rental Agreement

Dear Mr. George,

I have attached our Rental Management Agreement for your
approval as well as Budget Breakdown. Please sign agreement and
initial Budget A & B and send back to me.

There is a copy for your records as well.

We have pending Reservations and look forward to a very
successful year with our Rental Program.

If^ y t5 ^ ^ ^ ^ ^ c p r ^ tio n s feel free to contact me personally,

Gr^tim McDonald
VP Sales & Marketing
Branson Creek Development

100 Branson Creek Boulevard * Hollister, M O 65672
Phone: 417-336-0940 • Toll Free: 866-417-7817 • Fax: 417-336-0948 * www.Bnuison-Creek.com 51 info@Branson-Creek.com
 FIELDSTONE AT BRANSON CREEK
RENTAL PROGRAM AGREEMENT
VILLA#

This Rental Program Agreement (hereinafter, the “Agreement”) is made th is ___
day of ___________ , 20__ by and between Fieldstone Villa Management, LLC, a
Missouri limited liability company (hereinafter, “Agent”) and
__________________________ (hereinafter, "Unit Owner"), the owner of Fieldstone Villa #
____ (hereinafter, the "Rental Unit").

WHEREAS, Agent is in the business of managing Fieldstone Villas in the
Branson Creek development; and

WHEREAS, Agent has created a rental management program for the benefit of
interested Villa owners in which Agent will maintain, manage and rent various Villas
entered into such program by their owners upon certain terms and conditions (the
"RENTAL PROGRAM”); and

WHEREAS, Unit Owner desires to have his Rental Unit become part of the
RENTAL PROGRAM.

NOW THEREFORE, for and in consideration of the mutual covenants and
agreements set forth herein and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows;

1. Appointm ent. Unit Owner hereby appoints and designates Fieldstone
Villa Management, LLC as its exclusive agent to maintain, manage and rent Unit
Owner’s Rental Unit during the term and pursuant to the terms and conditions of this
Agreement.

2. Management Fee. Out of rental revenue or capital reserves, Unit Owner
shall pay Agent 15% of gross revenue derived from the renting of the Rental Unit as
provided hereunder, in addition to a one time set up fee of $100 per Rental Unit (the
"Management Fee”).

3. Receipt o f Rent. For purposes of renting the Rental Unit, Unit Owner
hereby authorizes and appoints Agent to; (1) execute and deliver on Unit Owner's
behalf rental agreements covering the Rental Unit upon such terms and conditions and
to such tenants as Agent, in its discretion, may determine; and (2) demand, receive and
provide receipts for all rents due and/or paid for the renting of such Rental Unit
(regardless of who receives such rent, including Unit Owner); subject however, to all the
terms and conditions of this Agreement.
 3. Renting the Rental Unit. At such times as Unit Owner is not occupying
the Rental Unit, Agent shall make efforts to rent such Rental Unit with a view toward
obtaining the greatest total rents from said Rental Units and any other Villa units in the
RENTAL PROGRAM, and commensurate with the nature, class and atmosphere of
Fieldstone Villas. A proposed seasonal rental rate schedule has been established but is
subject to change at the sole discretion of Agent at any time.

In renting Villas through the RENTAL PROGRAM, the Agent shall give equal
consideration to all Villas within such program, attempting to spread the occupancy
among such available Villas as equally as possible. Each Villa shall be rented as a
complete unit. Unit Owner shall not rent the Rental Unit to anyone without the prior
written approval of Agent and, whether or not such approval is obtained, Unit Owner
shall remit immediately all rents that are received by Unit Owner to Agent, to be held
and disbursed in the same manner as rents received directly by Agent under this
Agreement. Unit Owner agrees to cooperate with Agent and other owners of Villas in
RENTAL PROGRAM in promoting the rental of other Villas in RENTAL PROGRAM.

4. Sale o f Unit. Should Unit Owner sell their Rental Unit during the term of
this Agreement, the profit for the month (as determined in accordance with Paragraph
__) in which such Rental Unit is sold shall be pro-rated between seller and buyer based
on the closing date of the sale. Unit Owner agrees to settle with Agent regarding the
cash reserves held by Agent at the closing of sale to buyer. The amount of cash
reserves due to Unit Owner shall be an amount to be determined by Agent at the time of
sale after ensuring that the RENTAL PROGRAM meets minimum rental standards for
FF&E.

Should buyer elect to remain in the RENTAL PROGRAM, the buyer shall sign a
Rental Program Agreement with the Agent and immediately pay to Agent an identical
amount of cash reserves as determined above. Should the cash reserves become the
property of the buyer at the time of closing, a copy of the signed agreement signed by
both seller and buyer shall be presented to the Agent. In the absence of any such
properly signed agreement or Unit Owner’s settling with Agent as provided above, the
Agent shall treat any cash reserves as property of the new owner until instructed
otherwise by both parties.

5. Segregation of Rent/Reporting to Unit Owner. Income from the Rental
Unit received by the Agent shall not be segregated into a separate account. All income
and expenses related to the Rental Unit shall nevertheless be properly applied to such
Rental Unit with full detailed accounting and reporting for all receipts, expenses and
disbursements with accurate reporting to the owner.

6. Owner Occupancy. Unit Owner shall have the right to occupy the Rental
Unit upon giving notice to Agent with the intended dates of occupancy at least thirty (30)
days in advance of the date of intended occupancy so as to remove the Rental Unit
from rental availability. Unit Owner may also occupy the Rental Unit at any time without

R cldstone Villa Management 09-06-2007 Vcr. 01
2
notice to Agent within said 30 day notice period if Agent has not reserved to a third party
the Rental Unit at the time of said notice for the period the Unit Owner’s desires
occupancy. Such period of occupancy by Unit Owner shall be done on a daily basis.
When Unit Owner shall have notified Agent of intent to occupy the Rental Unit, Unit
Owner shall be deemed to have occupied the Renta! Unit for the day(s) specified,
whether or not Unit Owner actually occupies it.

Agent may rent the Rental Unit for a period more than 30 days in advance only
with Unit Owner’s prior written approval.

Agent may assess Owner a reasonable cleaning charge of $75.00 for a two-
bedroom unit, after Owner’s occupancy to render Owner's unit fit for rental occupancy.
This fee is subject to change at the discretion of the Manager/Agent.

This Agreement is in no way intended to be used in limiting, accruing, accounting
for or otherwise affecting any relationship with the Unit Owner and the IRS and
determining the number of days used for personal use.

7. Cooperation of Unit Owner. Unit Owner shall abide by Agent’s rules for
check-out procedures and shall respect and comply with all rental obligations contracted
by Agent and shall in no manner interfere with the occupancy of a bona fide renter of
any Villa in the RENTAL PROGRAM.

8. Expenses. As Agent for all of the owners of Villas in the RENTAL
PROGRAM managed by Agent, Agent shall pay, from rental revenue or capital
reserves, the costs and expenses of operating the Rental Unit that are of a type that the
Unit Owner would not have to pay if their Rental Unit was not part of the RENTAL
PROGRAM, including but not limited to the cost of replacing broken or stolen dishes,
silverware or damaged or worn furniture which occurs when the Rental Unit is in the
RENTAL PROGRAM and that are subject to the list of minimum required equipment,
and the cost of all linen service, laundry, soap, stationery, and similar supplies and all
wages of maids for cleaning services (collectively, the “Unit Expenses").

Agent shall not pay as Rental Unit expenses, and Unit Owner shall be
responsible for and pay promptly when due, all obligations and expenses of the Rental
Unit of the type that the Unit Owner would have to pay even if their Rental Unit was not
part of the RENTAL PROGRAM including but not limited to expenses and obligations
under the Covenants, Conditions and Restrictions for both Fieldstone at Branson Creek
and the Branson Creek Master Association, ad-valorem real property taxes, Rental Unit
repair and remodeling, insurance, utility charges.

9. Taxes. The expenses payable by Agent for the Unit Owner shall also
include all general taxes collected from renters of the Rental Unit and any license taxes
levied, assessed against, or payable by, Agent with respect to the RENTAL PROGRAM.
Agent shall not be liable for any federal or state income taxes or corporate excise taxes
attributable to income earned by, or paid to, Unit Owner, and Unit Owner hereby agrees

Rclilstonc V illa Management 09-06-2007 Vcr. 01
3
 to indemnify Agent for and against any and all claims, damages or liabilities (including
reasonable attorneys fees and costs) related thereto.

10. Division o f Net Income. In accordance with the provision of this
paragraph, Unit Owner shall receive Seventy Percent (70%) of the Net Rental Income
and Agent shall receive Thirty Percent (30%) of the Net Rental Income for the first 100
room nights rented. After the first 100 room nights rented, and in accordance with the
provisions of this paragraph, Owner shall receive 60% of Net Rental Income and Agent
shall receive 40% of the Net Rental Income.

Agent shall report to the Unit Owner the Net Rental Income for the preceding
month as soon as Agent shall reasonably be able to compute the same, but not later
than 30 days, at which time Agent shall also make the distribution to Unit Owner as
provided herein. Agent will determine the amount of cash to be distributed to Unit
Owner after providing for a reasonable cash reserve equal to approximately Four - Five
Percent (4-5%) of the maximum rental revenue possible during the month in which the
distribution is made, which amount shall be deducted from Unit Owner’s distribution of
Net Rental Income and held in reserve on Owner’s behalf.

Annually, following each calendar year of the term hereof, the Agent shall
promptly prepare and forward to the Unit Owner a statement showing all receipts and
disbursements of the RENTAL PROGRAM for Villas in the RENTAL PROGRAM in
reasonable detail, such statement to be forwarded to each Unit Owner as soon as the
same can reasonably be prepared. Unit Owner shall have the right at any time during
ordinary business hours to examine the books of the RENTAL PROGRAM with respect
to Agent’s management of the Villas in the RENTAL PROGRAM, either personally or by
Unit Owner’s duly authorized representative, such authorization to be in writing directly
to the Agent with a 48 hour advance notice.

For purposes of this Agreement, the “Net Rental Income” shall be derived by
subtracting the Unit Expenses and the Management Fee from the actual rental revenue
received by Agent for the Rental Unit during the relevant time period.

11. Furniture and Furnishings. In order to operate the Rental Unit effectively
in the RENTAL PROGRAM, Unit Owner shall provide and maintain in the Rental Unit
furniture and furnishings sufficient in number, type, and quality to furnish the Rental Unit
adequately, as determined in Agent's discretion. Agent shall provide Unit Owner with a
list of the minimum necessary furniture and furnishings for Unit Owner’s Rental Unit, to
which Unit Owner shall make such additions as Unit Owner desires. A list of such items
will be provided to the Unit Owner and is subject to change or modification in the sole
discretion of Manager. By Unit Owner's execution of this Agreement, Unit Owner agrees
to meet and maintain the minimum standard of the number, type, and quality of furniture
and furnishings established by Agent. Such furniture and furnishings shall be purchased
or leased by Unit Owner and shall remain separate property of Unit Owner or that of
Unit Owner’s Lessor.

Fieklstono Villa Management 0^-06-2007 Vcr. 01
4
 12. Past Due Obligations of Unit Owner. Any moneys due to Unit Owner
under this Agreement may be used, at the Agent's discretion, to satisfy any obligation of
the Unit Owner, provided that such obligation of said Unit Owner is at least thirty (30)
days in default, in the case of the sale of the Rental Unit, the obligation of the Unit
Owner may be paid immediately, unless the obligations are paid through the final
closing of the sale of the Rental Unit.

13. Powers of Agent. Agent shall have any and all authority and power
necessary to reasonably carry out its responsibilities and obligations as provided for in
this Agreement. In addition, Agent shall have to power to adopt, publish, enforce and
modify any and all conditions, rules and regulations relating to the renting of Villa units
in the RENTAL PROGRAM, including the Rental Unit.

14. Lim itation of Liability. The duties of Agent shall be as expressed herein
only and Agent shall not be considered a fiduciary of the Unit Owner. Agent shall not be
liable to Unit Owner except in the event of gross negligence, willful misconduct or bad
faith. In no case shall Agent shall be liable for any special, consequential, or punitive
damages, and Unit Owner hereby waives any claim for the same. This Agreement shall
not be interpreted to require Agent to pay expenses relating to the Rental Unit except as
it regards the Unit Expenses and Management Fee.

15. Term and Termination. The initial term of this Agreement shall begin
upon the date this Agreement is executed and shall terminate upon the one-year
anniversary of such date of execution. At the end of the initial term this Agreement shall
automatically renew for successive one year terms; provided, however, that Agent or
Unit Owner may terminate this Agreement upon thirty (30) days written notice to the
other party.

16. Further Action. The parties shall with reasonable promptness undertake
such actions and execute such documents in accordance with this Agreement, and
applicable law, as shall be reasonably necessary and appropriate to consummate the
transactions contemplated herein.

17. Entire Agreement. This Agreement constitutes the entire agreement
among the parties pertaining to the subject matter hereof, and, except to the extent
specifically provided herein supersedes all prior agreements and understandings of the
parties in connection therewith.

18. Amendment. The provisions of this Agreement may not be changed,
modified, or amended except in writing duly executed by each party hereto.

19. Binding. This Agreement shall be binding on the parties hereto and their
respective heirs, successors and assigns.

20. Severability. In the event that any one or more provisions of this
Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect.

lucUislone V illa Management 09-06-2007 Ver. 0 !
5
by any court of competent jurisdiction, such invalidity, illegality or unenforceability shall
not affect any other provision of this Agreement, and the parties shall use their best
efforts to substitute a valid, legal and enforceable provision which, insofar as practical,
implements the purposes and intents of this Agreement.

21. Governing Law/Venue. This Agreement shall be governed by and
construed and interpreted under the laws of the State of Missouri, without regard to
conflict-of-law principles. In the event of litigation relating to or arising out of this
Agreement, the parties agree that the exclusive venue shall be the Circuit Court of
Taney County, Missouri.

22. Counterparts. This Agreement may be executed in two or more identical
counterparts, each of which, when executed, shall constitute an original. This
Agreement may be executed and delivered by facsimile.

IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed as of the day and year written below.

Unit Owner:__________________________________________________________

Unit Number(s)_______________________________

B y:_____________________________________ Date:

Unit Owner's Address:

Fieldstone Villa Management, LLC

B y:_____________________________________ Date:

100 Branson Creek Boulevard
Hollister, MO 65672

l;ieUlstone V illa Management 09-06-2007 Ver. 0 \

6
 Estimated Budget Exhibit A
...-.... ........... - .... - ' .......
Fieldstone - Nightly Rental Program

Description Amount

Revenue
Nightly (minimum stay of 2 nights) : . --------------------- ---------------- 5540.00 -------- ...

Total Revenue : S540.00
j .
Expenses
Management Fee- Property Mgmt Co 15% $81.00
Front Desk Staff J
2 hr @ $15.00/hr plus 25% $15.00 $38.00
Housekeeping Staff - Full Clean
3 hrs @ SI 0.00/hr plus 25% _ $10.00 $38.00 --------------
Housekeeping Supervisor
.5 hrs @ $15.00/hr plus 25% $15.00 $9.00
Cleaning Supplies $3.00
Linen Clean Fee $16.00
Shrinkage $4.00
Guest Amenities $2.00
Insurance ! ’ i $6.00
Capita! Replacement Reserve 4% 521.60
(Owner Unit Account)
■■ ........ -
Total Expenses ) $218.60

Net Income S321.40

!! *
1 , ...
Contract Split I
Owner 70% $224.98 42%
Fieldstone 30% $96.42 18%
i ! $321.40
i ■ i

•

Owner(S) Initials •
1 2-26-'07 13.25 FRCM-Bransan Developnertt 4173348912 T-592 P 033/305 F-563

FIELDSTONE VILLAS AT BRANSOW C R E E K
REWTAl POOL GENERAL CONDITIONS
What could be more perfect than owning a spacious vacation home at a great
golf resort and receiving rental income whenever you aren't using it?

"Rental Pools" have become the investment of choice at resorts as we!! as other
vacation spots across the country.

Rental Pools are set up so that a Villa owner may make their home available for
nightly rental. The property manager (Fieldstone Villa Rentals/Bart & Brown)
handles all the details.

In order to place a Villa in the rental pool, a management and rental agreement
Is signed between the home owner and the management company. This
agreement provides a number of things:

1) A portion of the revenue received from the nightly rental flows through to the
Villa owner after deduction of expenses to manage the program.

2) The management company retains the remaining portion of the rental revenue
after deduction of expenses.

3) A usage agreement stipulates how often and advance notice requirements for
the owners use of the Villa.

4) The furnishing packages (including replacements) need to conform to certain
standards. Two ’'special furnishing packages" have been negotiated with a
supplier for all rental poo! Villas to ensure consistency and to conform to certain
standards.

FR£QU£MIl,Y ASKED QUESTIONS

1) How many times can I use my suite each year?
Owners may use their Villas on an unlimited basis with proper notice. You of
course are free to choose when you want to use your home, whether it is Spring.
Summer, Fail, or Winter it is totally up to you.

2) How long in advance do I have to book to use my suite?
Once you are committed to the rental pool, guaranteed bookings should be at
least 30 days in advance. This will guarantee you the use of your unit on the date
booked or alternatively on a 24 hour notice based on availability if it Is not
booked. You may use your unit at short notice subject to availability. The booking
procedures and rules governing cancellations are fully described in the
Management and Rental Pool Agreement.

fieidritOriL- Villo Manjgiin&it 12-21*200?
12-26-'0? 13 25 FROM-Branson Development 4173343912 T-592 P004/00S F-563

• &■.
i
3) Can close friends use my suite as part of my annual use?
Yes, provided you, as owner, book the Villa as part of your annual use and no
rental charge is collected for its use.

4) Can I rent my unit myself, that is, book it as my time and rent It directly to
someone else?
No, this Is prohibited under the Management and Rental Pool Agreement.

5) Are there any charges when using my own Villa?
There are no charges when using your Villa other than the normal association
fees or dues you pay as provided in the CC&R's as an owner. Owners will be
required to pay for services for housekeeping or cleaning services after their
departure if it is necessary prior to the Villa's rental again.

6) How long am I locked into a rental agreement for?
You may cancel your rental pool agreement on thirty days notice to the Manager.

7) How do I sell my Villa if I ever choose to?
You may sell your Villa at any time. There is a requirement to notify the
managers of your intention to sell or to have the new purchaser execute the
Management and Rental Pool Agreement as part of the sale.

8) When do I receive my rental Income distributions?
The manager will provide monthly statements and annual statements. Net
income less operating and capital replacement reserves will be disbursed
monthly

9) Will my mortgage payment be covered by the income?
There Is no assurance of any rental income and making your Villa available for
rental has no guarantee whatsoever of any source of income. Owners should
always plan their purchase based on their ability to make the mortgage payment
as a home owner,

10) Do I pay the Mortgage Company myself or does the manager look after that
and send me the net proceeds?
Each owner will make his/her own arrangements with his/her lender in this
regard.

11) Will I get a yearly statement for tax purposes with all deductions and income
worked out for me?
Yes, the appropriate statement will be sent to you each year

12) Is there a capital replacement program in place to update and maintain
furnishings, fixtures and equipment?
Yes. The capital replacement program is described in the Management and
Rental Pool Agreement. A percentage of the Villa’s revenue is banked each year

P ie U1Stone V Utv M a n a g e m e n t 12 0 *-2007
12-26-'87 13 26 FROM-Branson Development 417334831Z T-592 PBMb/MtJ.S b-bW

as a reserve to cover the cost of replacing furnishings, fixtures and equipment in
the Viila. All proceeds held for a reserve are the property of the owner although
participation in the pool requires maintaining acceptable standards for FF&E as
determined by the Manager.

13) I am an out-of-town owner. How do I know if management is doing its job and
the Villa is well looked after?
The owner will receive monthly statements and annual statements with respect to
the operation of the rental pool.

14 Will there be regular meetings for owners and how often?
There will be an annual general meeting of the owners as described In the
CC&R's and the association bylaws.

15) What are the tax benefits of the investment?
The tax benefits of this investment would be similar to the tax benefits of owning
any rental property regarding Capital Cost Allowance, deductibility of mortgage
interest, accounting costs, etc. However, as each person's situation is different,
we strongly recommend that you consult with your own personal tax advisors.

16) Is smoking permitted in the Villa?
No, unless specifically authorized by the owner.

17) Can I leave some of my personal belongings in the Villa.
Each owner may designate a locked storage area for personal effects.

18) Is there a cost to be in the rental program.
Yes, there Is an Initial set up fee to enroll in the rental program and a fee to install
a keyless pad entry system so that key cards can be changed after each rental.

RESERVATIONS, POLICIES, AND PROCEDURES
The Fieldstone Villa reservations policies and procedures (the "Policies") have
been designed to ensure that all owners in the rental pool have equal access to
their Villa (the ''Villa(s)“) and that owner occupation and rental are allocated in a
fair and equitable manner.
The rental program at Fieldstone Villas provides the Owner with the following
options and benefits:
(1) Owner occupation of the Villa during “Planned Vacations"
(2) Random allocations of nightly rentals among the various units participating in
the nightly rental program.

DEFINITIONS
Certain terms and phrases have been defined below to clarify their intended
meaning and usage. Throughout the following Policies, these terms and phrases
can be identified because they begin with capital letters.

Kic'.dstpui VillaManagement 12-21-2C07
12-26-'07 33 26 FROM-Branson Development 417334831-2 T-592 P086/008 F-563

ACCOMPANIED GUEST - Any guest who lodges with an Owner in the Owner's
reserved Villa.

GROSS RENTAL PROCEEDS - the total monthly receipts from the Rental of the
Owner's Villa

MANAGEMENT - shall mean the Fieidstone Villa management company or such
party as it may designate,

MANAGEMENT FEES - A management fee payable to Fieidstone Villa
Management or its designee in the amount of 20% of the Gross Rental Proceeds
for the administration and management of the Rental Pool,

MANAGER - The individual hired by the Management to manage the overall
operations.

MAINTENANCE PERIODS ~ Periods that allow for performance of maintenance
projects that are otherwise disruptive to Owners such as deep cleaning.

MONTHLY INCOME - Rental Proceeds after deduction for Management Fees
and other related expenses as set forth in Rental Pool Agreement.

OWNERS - The Owners are the fee simple deeded owners of The Villa and/or
the persons designated in writing by the Owner to have Ownership privileges.

PLANNED VACATION WEEKS - The pre-reserved days when an Owner
occupies the Villa or can send Unaccompanied Guests to occupy the Villa at no
additional charge, except for the published housekeeping fees,

PLANNED VACATION CALENDAR - Calendar designating Planned Vacation
weeks for each owner.

RENTAL POOL AGREEMENT - the Agreement that shall govern the terms of
use for participating In the nightly rentai program by an owner.

RESERVATION OFFICE - The location, either onsite or elsewhere, where
reservations are confirmed for Owners Planned Vacation and nightly rentals.

SLEEPING CAPACITY - The maximum number of persons permitted to lodge in
a Villa. The Sleeping Capacity of a Villa is the number of bedrooms times two
plus the number of sleeper sofas within that Villa times two.

UNACCOMPANIED GUEST -A ny guest who lodges at the Villa without an
Owner during an Owners Planned Vacation Period,

fwldsictic V:lla Mansgenieril 12-21-2007
12-26-'07 13 27 FROM-Branson Development 4173348912 T -592 P 0 0 7 /0 0 S F-563

VILLA AMENITIES - the Villa shall be accompanied by use of the following
amenities: ‘
Golf discounts at Murder Rock Golf Course;
Discounted boat rentals at Branson Creek Marina
Health Club Privileges at Murder Rock Clubhouse including fitness, swimming &
Tennis:

YEAR - The Year runs from January 1st through December 31 st each year.

RESERVATION PROCEDURES

Owner Occupation During Planned Vacation Weeks

Maintenance Periods - One week each year will be set aside in priority for
maintenance and deep cleaning with any surplus time not devoted for this
purpose continuing in the rental pool for the benefit of Owner.

Reserving Planned Vacation Weeks - Every Owner will be e-mailed an Annual
Reservation Request Form on September 15th A second notice will be mailed
on November 1st. By Decamber 1st, if an owner does not respond, Management
will deem the owner to have deposited their Planned Vacation Weeks in the
Rental Pool so that they may be made available for rental At a later date,
Owners may request to occupy any of their Planned Vacation Weeks that have
not been rented,

Management works Individually with each Owner to maximize the flexibility
throughout the year, no matter which Planned Vacation Week an Owner is
allocated.

Procedure for occupancy by an Unaccompanied Guest - An Owner requesting
lodging for Unaccompanied Guest must specify the Unaccompanied Guests
name, address and telephone number in writing at least 7 days prior to arrival.
Unaccompanied Guests are required to pay all housekeeping fees and Incidental
charges upon checkout unless the sponsoring Owner has arranged payment in
advance. The sponsoring Owner is responsible for any charges incurred by their
Unaccompanied Guests and is responsible for any damages to facilities caused
by their Unaccompanied Guests, The number of persons lodged with an
Unaccompanied Guest In a Villa cannot exceed the Sleeping Capacity of that
Villa, Unaccompanied Guests have access to all Community facilities and
Amenities,

Procedure for occupancy by an Accompanied Guest - No lodging fees are
charged for Accompanied Guests,

The Program at Fieldstona Villas enables Owners to take advantage of the
demand for rentals by participating in the Rental Pool. Planned Vacation Weeks

Fiilditfl/M Villa Management IZ-2U007
12-26-' 07 13 27 FHOtl-Branson Development 41?3343912 T-532 P308/203 F-563
it

that would otherwise be unused may be released for rental generating a
welcomed return that may be used to offset maintenance fees and other related
expenses. Any surplusydeficiencies will be reconciled and distributed to Owners.

Determination of Net Annual Renta! Income
Each Owner shall be entitled to receive within 30 days from the end of each
month, an accounting and distribution of the Met Rental Income. The Net Income
shall comprise the aggregate of the Monthly Income for The Villa less expenses

USAGE OF VILLA AMENITIES
Villa Ownership at Fieldstone Villas includes exclusive services and membership
in the Murder Rock Golf & Country Club (“Club Facilities”). World-class amenities
at Fieldstone also include:
Bar and Grille
Swimming Pool
Tennis Court
Full Service Marina
Hiking Trails

i'iclditonevillaMmisgciMirt U-21-2007
 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 8 Forsyth, Missouri 65653
Phone: 417 546-7225 / 7226 • Fax:417546-6861
website: wivw.taneycounty. or£

September 26, 2014

Tim Mahoney
Division Manager
Branson Development
100 Branson Creek Blvd.
Hollister, MO 65672

Also sent via e-mail to timmahone@gmaii.com

Re: Nightly Rental is authorized within the Pinnacle at Branson Creek, the Villas of
Fieldstone at Branson Creek and Fieldstone Bluffs at Branson Creek

Dear Mr. Mahoney:

As you know, the Branson Creek Development was initially approved by the Taney
County Planning Commission via Division III (Land-Use) Permit # 1995-0015. This
approval authorized the conceptual development of a total of 3,365.9 acres of land. Since
this initial approval, each phase of the development has been issued an additional
•- Division III Permit- via the Planning Commission.

Per your request, I have researched these Division III Permit Decisions of Record and
accompanying documentation. It appears that a series of Division III Permits were issued
via the Planning Commission which authorize “Nightly Rental” as defined within the
Taney County Development Guidance Code within the Pinnacle at Branson Creek (Phase
I, II & III), the Villas of Fieldstone at Branson Creek, and Fieldstone Bluffs at Branson
Creek (Phase I & II).

The Development 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. The term —Nightly Rental shall not
include hotel, motel or bed and breakfast establishments.”

Please note that all future Nightly Rental within the Branson Creek Development, outside
of the aforementioned authorized subdivisions, will first require the Planning
Commission approval of a new Division III Permit specifically authorizing Nightly
Rental.

Please feel free to contact me with questions or concerns. Thank you for your time,
patience and assistance.

Sincerely,
 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
Phone: 417 546-7225 / 7226 * Fax: 4 1 7 546-6861
website: wvjw.taneycounty.org

TANEY COUNTY PLANNING COMMISSION
D IV IS IO N I I I STAFF REPOUT
#17-3
360 LONE PINE NIGHTLY [RENTAL
A PRIL 10, 2017

Leta Young is requesting approval for a Division III Speciai-Use Permit in order to utilize
an existing three bedroom single-family residence for nightly rental. The single-family
residence is currently listed per the Assessor's information via beacon as being
approximately 2,151 sq. ft. in size. The home is currently listed on the multiple listing
service as being a three bedroom. In 2002 Septic Permit #02.-189 was issued for the
septic system sized to accommodate the three bedroom residence. The septic permit
was for a 1000 gallon tank with 200 lineal feet of SB-2 10" pipe for the lateral field. The
current application was approved for Concept on March 20, 2017. The Taney County
Planning staff found no evidence of past or present failure of the on-site waste water
system.

The Taney County Development 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 days, counting portions of days as full days." Currently, the applicant would have
the ability to rent the residence for a period of thirty days or greater.

The exterior appearance of the single-family home will remain the same. Per the nightly
rental provisions of the Development Guidance Code, "The maximum occupancy for a
nightly rental shall be two persons per dwelling unit, plus two persons per bedroom."
Therefore, currently the three bedroom home would have a maximum occupancy of
eight people.

The property is currently served by a public water supply company. The property is
currently served by an existing drive off of Lone Pine Road. Per the nightly rental
provisions of the Development Guidance Code, "One off-street parking space shall be
provided for each two persons of occupancy in a nightly rental." Therefore a total of
four parking space will be required. The residence is currently served by a two level
drive through driveway and a parking space to the south side of the drives exceeding
the minimum requirements of the Development Guidance Code.

The adjoining property to the north, west and east is single-family residential. The
adjoining property immediately to the south is a vacant lot. The project received a total
score of -7 on the policy checklist, out of a maximum possible score of 29. The relative
policies receiving a negative score consist of right-of-way on existing roads, emergency
water supply and pedestrian circulation.

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 Western Taney County Fire Protection District;
including all other entities which have requirements governing a development of
this nature shall be provided to the Planning Department Office (Chapter VI-V II).

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. l\lo outside storage of equipment or solid waste materials.

5. This decision is subject to all existing easements.

6. This residence shall accommodate (sleep) no more than eight persons per night.

7. The 360 Lone Pine Nightly Rental has been approved as a special use permit.
Therefore the permit is specific to the representative 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.

8. The current contact information for the property shall be posted on the property
and on file in the Taney County Planning Office.

9. This Decision of Record shall be filed with the Taney County Recorder's Office
within 120 days or the approval shall expire (Chapter li Item 6).
S cott S tarrett

From: Margaret Baetz [mugslee1@gmail.com]
Sent: Tuesday, April 04, 2017 12:35 PM
To: Scott Starrett
Subject: Public Hearing notice, 360 Lone Pine, Branson

102 Black Oak Dr.
Branson, Mo, 65616
April 4,2017

Taney Co. Planning Comm.
P.O Box 383
Forsyth, Mo. 65653

Dear Sirs:

The Public hearing notice set for April 10, is a time not convenient for me to attend; however, very important
to me.
Please consider my strong objection to the request to operate a nightly rental at 360 Lone Pine Road, Branson,
Taney Co.
Skyline Sub-division has restrictive covenants and conditions for a reason. Restrictive covenant #6 states that
all buildings placed on said lots shall be used for residential purposes only. These restrictions were written to
present a more standard appearance as well as when enforced, to protect property values.
Our neighborhood is experiencing some drug concerns, stolen mail, a house raising chickens with bales of hay
for fencing, and yards that are deteriorating. We don't want renters in our area coming and going without the
responsibility o f maintaining their property.
A realtor told me recently that home buyers aren't interested in buying in the development. They just drive by
and when they see a few of the homes, they won't stop and check it out because of these conditions.
Please don't allow nightly rentals
We bought our lots and built our home in 1999, and the planning & zoning at that time made us meet all kinds
of requirements. Since that time, the log house east of us was given a permit to build. They built over on our
property line. When they went to sell it, this was discovered, so they chiseled out the concrete on our property,
leaving the rest of the driveway. I called your commission to complain and was told that they had the right to
place their driveway on our property line.
It seems for those o f us, who are property owners,and who take pride in our homes, to be a constant battle with
those who don't. Please help us!

Sincerely,

Margaret J. Baetz

l
 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
Phone: 4 1 7 546-7225 / 7226 • F ax:417546-6861
website: www.ta-mycou.nty.org

TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
A PR IL 10, 2017
WESTERN TANEY COUNTY FIRE PROTECTION DISTRICT
#17-7

The Western Taney County Fire Protection District purchased the 5.9 acre parcel a t 300
Windmill Road from the Missouri Department of Conservation in January 2015 with
future plans of adding a duplex for two families, living quarters for three fire fighters
and a fire station in the center part of the building. The parcel was part of a small
acreage conservation area that served as a parking area. The parcel to the east is
currently still part of the Missouri Conservation Department Conservation Area. The
parcels to the north, south and west are currently vacant.

The project received a score of 8 on the policy checklist out of a maximum possible
score of 29.

The applicants have indicated that the on-site, attached living quarters, with full-time,
on-site firefighters would be a factor enabling the insurance rating to be lowered fo r the
Fire District, potentially lowering the cost of home owner's insurance for individual
property owners residing within the jurisdiction of the Western Taney County Fire
Protection District. The Insurance Services Office provides a Public Protection
Classification Fire District rating for more than 45,000 fire districts nationwide.
According to the ISO website, "Through the Public Protection Classification Program,
ISO evaluates municipal fire-protection efforts in communities throughout the United
States. A community's investment in fire mitigation is a proven and reliable predictor of
future fire losses, so insurance companies use PPC information to help establish fair
premiums for insurance - generally offering lower premiums in communities with better
protection."

An on-site wastewater (septic) permit will be required for the wastewater treatment
system via the on-site wastewater permitting division of the Planning Department. A
soils evaluation has been done with a A application rate to 44" which will allow for 18'
deep trenches on the contour to be placed with the appropriate tank size for the design
flow applied to the building.

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. An on-site wastewater (septic) permit shall be required for the wastewater
treatment system via the on-site wastewater permitted division of the Plann Ing
Department.

3. No outside storage of equipment or solid waste materials.

4. This decision is subject to all existing easements.

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

6. 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).
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
Phone: 41 7 546-7225 / 7226 » F ax:417546-6861
COUNTY website: www.taneycownty.or0

TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
A PR IL 10, 2017
REECE NIGHTLY RENTAL
#17-8

Michael Reece is seeking approval to operate a nightly rental business on property
located at the Corner of Majestic and Lenhart Roads. The current application was
approved for concept March 20, 2017. Per the Assessor's information the lot is located
in the Estates at Majestic Pointe. The applicant is planning to build a 5 bedroom single
family home. The property is served by Taney County Water District #3. The
subdivision is connected to the Branson Central Sewer with a lift station to the north
east of the subdivision.

The Taney County Development Guidance Code defines nightly as "A residential
building, structure, or part thereof that may be rented for any period of time less than
thirty 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 days or greater.

The exterior appearance of the single family residence will remain the same. Per the
nightly rental provisions of the Development Guidance Code, "The maximum occupancy
for a nightly rental shall be two persons per dwelling unit, plus two persons per
bedroom/' Therefore, the five bedroom home would have a maximum occupancy o f
twelve people.

Per the nightly rental provisions of the Development Guidance Code, "One off-street
parking space shall be provided for each two persons of occupancy in a nightly rental."
Therefore a total of six parking spaces will be required. The project received a total
score of 4 on the policy checklist, out of a maximum possible score of 29.

If the Taney County Planning Commission approves Division III Permit #17-5, the
following requirements shall apply, unless revised by the Planning Commission:

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

2. Compliance letters from the Western Taney County Fire Protection District, the
Missouri Department of Revenue and the Environmental Division of the Planning
Department; including all other entities which have requirements governing a
 development of this nature shall be provided to the Planning Department Office.
(Chapter VI-VII).

3. A valid Missouri Department of Revenue Saies Tax License shaii be provided to
the Planning Department prior to the issuance of a Certificate of Compliance.

4. No outside storage of equipment of solid waste materials.

5. This decision is subject to all existing easements.

6. The residence to be located at Majestic & Lenhart shall accommodate (sleep) no
more than 12 persons. The total occupancy may be further limited based upon
the provisions of the Western Taney County Fire Protection District requirements
and regulations.

7. The Reece Nightly Rental has been approved as a Special-Use Permit. Therefore
the permit is specific to the representative 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.

8. A Division II Permit will be required before construction begins.

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 II Item 6).
 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
Phone: 417 546-7225 / 7226 • F ax:417546-6861
website: www. tansycounty, org

TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
APRIL 10, 2017
ESSENTIAL THERAPEUTIC MASSAGE
#17-10

Steven Judd is requesting approval of a Division III Special-Use Permit in order to utilize
an existing garage office space for therapeutic body work. The garage is currently listed
per the Assessor's information via Beacon as being approximately 1,200 sq. ft. in size.
In 2002 septic permit #05-218 was issued for the septic system sized to accommodate
the four bedroom residence. The septic permit was for a 1,250 gallon Norweco ATU
(anerobic treatment unit) tank with 300 lineal feet of SB-2 pipe for the lateral field. The
current application was approved for concept on March 20, 2017.

The Taney County Development Guidance Code defines Home Occupation as "Any
professional, craft, or commercial activity conducted as a customary, incidental, and
accessory use in the resident's dwelling or accessory building to the residence for gain
by the resident."

Linda Judd will be the only therapist. There will be only one client in the therapy room
at a time. There will never be more than two clients and two cars at any one time.
Hours will be by appointment only from 10 a.m. to 7 p.m. Monday through Friday and
10 a.m. to 5 p.m. Saturday.

There will be three rooms in the office: a waiting room, a therapy room and a bathroom
with a shower. Access will be from Beeler Road. Water is served by a private well. On­
site waste water is served by the permitted waste water system. The office entrance is
on ground level requiring no steps or ramps. By law the office is inspected yearly by the
State of Missouri. There are no pharmaceutical drugs involved or on the premises.

The adjoining property to the north and south is vacant property. The adjoining
property immediately to the west and east is currently single family residence. The
closest residence is approximately 400' to the east.

The project received a total score of 3 on the Policy Checklist, out of a maximum
possible score of 29.

If the Taney County Planning Commission approves this request, the following
requirem ents shall apply, unless revised by the Planning Com m ission:
1. Compliance with the provisions of the Taney County Development Guidance
Code.

2. Compliance letters from the Western Taney County Fire Protection District;
including all other entities which have requirements governing a development of
this nature shall be provided to the Planning Department Office. (Chapter V I-
VII).

3. Home occupations shall involve no more than one employee outside the resident
family.

4. No outside storage of materials used in the home occupation.

5. This decision is subject to all existing easements.

6. No home occupation shall display a sign larger than 48" x 24" (4' x 2'), unlighted
nameplate.

7. The total area used for the home occupation shall not exceed one-third (1 /3 ) the
floor area of the living area of the dwelling (excluding garage and storage areas)
whether the home occupation is in the principal dwelling or an accessory
building.

8. 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).
 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 8 Forsyth, Missouri 65653
Phone: 4 1 7 546-7225 / 7226 • Pax: 4 1 7 546-6861
website: www.taneycounty.or£

TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
A PR IL 10, 2017
DEER CROSSING NIGHTLY RENTAL
#17-11

The representative Valerie Budd is seeking the Planning Commission approval of a
Division III Special-Use Permit allowing for the nightly rental of the planned 6 cabins to
be built, four 1 or 2 bedroom cabins and two 5 bedroom cabins. Her goal is to keep as
many trees as possible.

She has been managing nightly rentals sine£005 in Blue Eye and Ridgedale. She
provides incredible customer service. The head of housekeeping is on the property
numerous hours every day. She comes back during storms and invites guests to storm
shelters if needed. The maintenance manager lives 2.5 miles away. Full time
employment is provided for four employees. Sales tax is paid on all rentals.

The current application was approved for concept March 20, 2017.

Per the Assessor's information the property is approximately 2.5 acres in size. The area
included in the application includes 16 lots in the South Addition to Ozarks Paradise
Village Subdivision Block 62. The property will be served by a well on the property.
Taney County Planning Staff is currently working with a licensed installer for the permits
required for the onsite waste water systems that will be sized according to the number
of maximum persons allowed for the building or buildings on such septic system. The
onsite waste water permit will be required to be in place before any Division II building
permit is issued.

The Taney County Development 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 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 days or greater.

Per the nightly rental provisions of the Development Guidance Code, "The maximum
occupancy for a nightly rental shall be two persons per dwelling unit, plus two persons
per bedroom."

The property is currently served by an existing drive off Jones Road. Per the nightly
rental provisions of the Development Guidance Code. "One off-street parking space
shall be provided for each two persons of occupancy in a nightly rental. The project
received a total score of 6 on the policy checklist, out of a maximum possible score of
29.

If the Taney County Planning Commission approves Division III Permit #17-11, the
following requirements shall apply, unless revised by the Planning Commission:

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

2. Compliance letters from the Western Taney County Fire Protection District, the
Missouri Department of Revenue and the Environmental Division of the Planning
Department; including all other entities which have requirements governing a
development 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 Department prior to the issuance of a Certificate of Compliance.

4. No outside storage of equipment or solid waste materials.

5. This decision is subject to all existing easements.

6. The residence located on Jones Road shall accommodate (sleep) no more than
the Maximum Occupancy. "The maximum occupancy for a nightly rental shall be
two persons per dwelling unit, plus two persons per bedroom". The total
occupancy may be further limited based upon the provisions of the Western
Taney County Fire Protection District requirements and regulations.

7. The Deer Crossing Nightly Rental has been approved as a Special-Use Permit.
Therefore the permit is specific to the representative 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.

8. A Division II Permit will be required for each cabin before construction begins.

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 II item 6).
To W hom It May Concern,

I have had the pleasure o f knowing Valerie Budd fo r the past 5 years. During the
years of our acquaintance, I have known Valerie in many capacities. Valerie has
been a friend, neighbor, and a valued business partner. She has the leadership
and strong entrepreneur qualities which has led to the grow th in her business
endeavors.

Valerie is creative, efficient and extrem ely com petent. Valerie also has an
excellent rapport w ith people o f all ages and backgrounds. W ith her initiative,
she is responsible fo r w ritin g and editing articles, advertising, marketing and
developm ent o f the website content.

Valerie is an intelligent, capable, dedicated and personable woman. She is always
quick on her feet, w ith sensible reactions in all the circumstances I've seen her in.
I feel confident in saying th a t she can handle any situation w ith thoughtfulness
and m aturity. I feel she is an asset to any com m unity that she is partnered w ith .

Please d o n 't hesitate to contract me a HarryElaineB@vahoo.com w ith any fu rth e r
questions you may have.

Sincere Regards

Harry W. Brannen, Sr
March 29, 2017
April 4, 2017

To: Taney County P&Z Board

I am writing this in support o f Valerie Budd/Turkey Crossing LLC of receiving the Division 3 Permit to
allow nightly rentals. We have lived in this neighborhood a very long time. We appreciate the quality
and condition o f the existing nightly rental properties that are owned/managed by Valerie Budd. The
properties are well taken care of, groomed, and bring increased value to our neighborhood. We look
forward to having additional nightly rentals managed by this same team.

Paul Seiler
483 Seiler Rd
Ridgedale MO 65739
 V alieyStreom D e v e lo p m e n t LIC
P„Q, Box MOO
Bronson, M O 6561S
V /7 s" s/x
Taney C o . Planning & Zoning
Taney C o. C o m m iiio n
Scoff Starreff

M a rc h 14th, 2017

I respectfully request a renewal Extension on my Division 3 Permit for Echo
Hollow Estates Subdivision A 24 Lot Preliminary Plat.
Permit #2015=001
Also, Taney County Division 3 Permit, Decision of Record Permit # 2015=001
Nightly Rental Extension.

Sincerely,

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100'd LOW BEE, Zlt? l£ : u Z l0Z /n /E 0 suj!i/3jBa xy
 TAMEY COUNTY
PLANNING COMMISSION
DIVISION III PERMIT & MAJOR SUBDIVISION
STAFF REPORT

HEARING DATE: February 9, 2015

CASE NUMBER: 2015-0001

PROJECT: Echo Hollow Estates

APPLICANT: Valleystream Development, LLC

REPRESENTATIVE: Tim Freund

LOCATION: The subject property is located south of State
Highway 165 and immediately west of Cedar Glade
Road, Hollister, MO; Oliver Township; Section 24,
Township 22, Range 22.

REQUEST: The applicant, Valleystream Development, LLC is
seeking the approval of a Major Subdivision plat fo r
Echo Hollow Estates, a twenty-four (24) lot
subdivision; while also requesting the approval o f a
Division III Permit authorizing a nightly rental land-use
for any of the twenty-four (24) lots in question.

BACKGROUND and SITE HISTORY:

On September 11, 1992 the Planning Commission approved Division III Permit 1992-
0126A, authorizing the development of an RV Park and a commercial subdivision on a
total of approximately 77.5 total acres; referenced as the Wilderness Club RV Resort,
Inc. Approximately 66.5 acres were located on the south side of State Highway 165,
with 11 acres being located on the north side of State Highway 165. On June 22, 1994
the plat of the Wilderness Club RV Resort was signed by the Planning Department staff
and filed with the Taney County Recorder of Deeds office.
On August 21, 1995 the Planning Commission denied the request by Pine Woods
Village to rezone approximately 21.52 acres to develop up to 104 single family lots for
cabin style homes. The primary concern noted dealt with density. On September 20,
1995 the Board of Adjustment granted an appeal to denial issued by the Planning
Commission, authorizing the development of the Pine Wood Village.

The approximately 8.77 acre tract of land in question is shown on maps from both of the
two previous Division III Permit files but appears to be shown in each file as a future
phase of the development.

Division III Permit for Nightly Rental and Major Subdivision Staff Report - Echo Hollow Estates - 2015-0001
Page 1
 GENERAL DESCRIPTION:

The proposed 24 lot, Echo Hollow Estates subdivision will be located on a total of +/-
8.77 acres (per the Assessor’s Information - Beacon). The applicant is seeking
Planning Commission preliminary plat approval, allowing for the creation of the 24 lot
Major Subdivision. The applicant is further seeking Planning Commission approval of a
Division III Permit authorizing the nightly rental of twenty-four (24) log cabins that would
be constructed on the lots within Echo Hollow Estates subdivision. The applicant has
indicated that the log homes will range in size from approximately 1,500 to 2,500 square
feet.

REVIEW:

On July 19, 2012 the Taney County Commission adopted the Subdivision Regulations
for Taney County which removed and separated the subdivision regulations from the
Development Guidance Code. Per the provisions of the Subdivision Regulations an
Administrative Minor Subdivision is a division of land, into tracts less than ten (10) acres
in size, with not more than a total of six (6) tracts. Therefore a Major Subdivision is
classified as any division of land into tracts less than 10 acres in size which does no t fall
within the classification of administrative minor subdivision. Echo Hollow Estates is
considered a Major Subdivision requiring the plat approval of the Planning Commission.
Per the provisions of Missouri Revised Statute and the Subdivision Regulations,
preliminary plat approval shall be based upon the plat’s compliance with the provisions
of the subdivision regulations.

The twenty-four (24) lots within Echo Hollow Estates will be served by an existing Taney
County Regional Sewer District main and an existing community well. The required,
minimum lot size for lots served via public sewer is 8,000 square feet, with a minimum
road frontage of 70 feet per lot. All of the lots indicated on the submitted sketch plan will
meet the minimum lot size and road frontage requirements.

The road rights-of-way serving the subdivision have been cleared for a number of years
(the 2006 aerial photography via Beacon indicates some level of clearing) and the water
mains, sewer mains and electrical services has been put in place adjoining the future
roadways. However, prior to Final Plat approval, the applicant shall either install ail of
the required public improvements or provide an appropriate security in compliance with
the provisions of Article 8 of the Subdivision Regulations (Performance Bond from a
qualified insurance or bonding company, an Irrevocable Letter of Credit from a certified
lending institution or cash bond for 110% of the costs associated with the construction
of the improvements). The representative has submitted an engineering grading,
roadway, storm drainage, sanitary sewer and water plans

Per the provisions of the Taney County Road Standards, Echo Hollow Estates will be
considered a High Density Residential Subdivision, requiring a 50’ right-of-way and a
3T roadway width for all new subdivision roads. The road surface shall be either
asphalt or concrete.

The representative is proposing a green space area that will be maintained via a
property owners association.
Division III Permit for Nightly Rental and Major Subdivision Staff Report - Echo Hollow Estates - 2015-0001
Page 2
The Taney County Development Guidance Code defines nightly rental as “A residential
building, structure, or part thereof that may be rented for any period of time less th a n
thirty (30) days, counting portions of days as full days.” Currently, the applicant wo uld
have the ability to rent any of the twenty-four (24) residences for a period of thirty (3 0 )
days or greater.

Per the nightly rental provisions of the Development 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 three (3) bedroom home would have a maxim um
occupancy of eight (8) people.

Per the nightly rental provisions of the Development 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 attached garage and a parking area large enough to
accommodate the additional two (2) cars. The property will meet the minimum parking
requirements of the Development Guidance Code. The representative is proposing a
parking easement that will contained within an existing 100’ wide power line easement,
to allow for overflow parking for such items as boat and recreational vehicles, as
indicated on the Sketch Plan.

The adjoining property immediately to the north is a vacant tract of land owned by
Wilderness Club, Inc. The adjoining property immediately to the south is the Pinewoods
Village, a residential subdivision. The adjoining property immediately to the east is the
Wilderness Club RV Resort. The adjoining property immediately to the west is a vacant
tract of land within the municipal limits of Hollister.

The project received a score of -5 on the Policy Checklist, out of a maximum possible
score of 57. The relative policies receiving a negative score consist of emergency water
supply, solid waste disposal service, pedestrian circulation and traffic.

The staff recommends that two separate votes be conducted regarding this proposal.
The first vote will need to be taken regarding preliminary plat approval for Echo Hoilow
Estates, based upon its compliance with the provisions of the Subdivision Regulations.
The second vote will be in regard to the Division III Permit authorizing the nightly rental
land-use.

Division III Permit for Nightly Rental and Major Subdivision Staff Report - Echo Hollow Estates - 2015-0001
Page 3
 STAFF RECOMMENDATIONS:

If the Taney County Planning Commission approves the Preliminary Plat for the Ec ho
Hollow Subdivision, the following requirements shall apply, unless revised by the
Planning Commission:

1. The applicant shall submit a report signed and sealed by a registered engineer, in
compliance with Article 6, Section 4 of the Subdivision Regulations, prior to
receiving final plat Approval. The Engineer’s report shall include the following
items:
a. Stormwater Drainage
b. Water Supply
c. Wastewater Disposal
d. Traffic Analysis / Street Capacity

2. The final plat shall be filed with the Taney County Recorder of Deeds within tw o
(2) years of the date of approval of the preliminary plat. The final plat may be
submitted in phases with each phase covering a portion of the approved
preliminary plat. If the final plat is submitted in successive phases the developer
will have one year after each phase to record the final plat of the next phase. The
Planning Commission may grant an extension of time for final plat submission if it
finds that the conditions on which the preliminary plat was approved have not
changed substantially.

3. All of the require improvements as enumerated within Article 8 of the Subdivision
Regulations shall either be installed or an appropriate security (Performance Bond
from a qualified insurance or bonding company, an Irrevocable Letter of Credit
from a certified lending institution or cash bond for 110% of the costs associated
with the construction of the improvements) shall be provided to the Planning
Department Office.

4. Compliance letters from the Missouri Department of Natural Resources, the
Taney County Regional Sewer District, the Taney County Road & Bridge
Department and the electric cooperative owning the power existing power
easement shall be provided to the Planning Department office.(Chapter VI-VII)

5. All roads within Echo Hollow Estate shall be constructed in compliance with the
Taney County Road Standards.

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

7. Prior to the issuance of Division I Permits, the applicants shall ensure that the
applicable sewer and water connections are in place.

8. This decision is subject to all existing easements.

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 II Item 6).

Division III Permit for Nightly Rental and Major Subdivision Staff Report - Echo Hollow Estates - 2015-0001
Page 4
STAFF RECOMMENDATION:

If the Taney County Planning Commission approves the Division III Permit authorizing
the nightly rental of the twenty-four (24) units within Echo Hollow Estates, the following
requirements shall apply, unless revised by the Planning Commission:

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

2. Compliance letters from the Western Taney County Fire Protection District and
the Missouri Department of Revenue; including all other entities which have
requirements governing a development of this nature shall be provided to th e
Planning Department office.(Chapter 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 Certificates of Compliance.

4. No outside storage of equipment or solid waste materials.

5. This decision is subject to all existing easements.

6. All residences utilized for nightly rental shall accommodate (sleep) no more than
two (2) persons per dwelling unit, plus two (2) persons per bedroom. The total
occupancy may be further limited based upon the provisions of the Western
Taney County Fire Protection District requirements and regulations.

7. One (1) off-street parking space shall be provided for each two (2) persons o f
occupancy within each Nightly Rental cabin.

8. 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 Permit for Nightly Rental and Major Subdivision Staff Report - Echo Hollow Estates - 2015-0001
Page 5
Scott Starrett

From: Nikki Lawrence
Sent: Tuesday, April 04, 2017 11:22 AM
To: Mike Scofield; Brandon Williams; Sheila Wyatt; Scott Starrett
Subject: FW: P&Z Concerns Public Comment

---- Original Message-----
From: VSCoWeb@taneycounty.org [mailto:VSCoWeb@taneycounty.org]
Sent: Friday, March 31, 2017 11:06 AM
To: Commission <Commission@co.taney.mo.us>
Subject: P&Z Concerns Public Comment

P&Z Concerns Public Comment

Name: Karen Murphy
Email: klmnjm4Q(8gmail.com
Phone: 2814336740
Description: We have had 17 Decisions of Record approved by P&Z and another one coming up on
Aor 10th. All the applications were submitted incorrectly (4.5 of the code) in the
information provided, no sketches/house plan (Appendix D Step 1) or the dimensions of the
driveway (4.7.2 of Code) for parking. The P&Z Commissioners took the word of the applicant
that it was three, four or five bedroom. Also according to the Guidance Code a fire district
compliance (4.7.6) was to be attached to the application. Not one owner who has been given a
Decision of Record has complied with the conditions but they continue to rent. It is on tape
by Scott Starrett that they must not rent until they receive the C of C (Certificate of
Compliance) Last is the concern of buffers. The P&Z commissioners are ignoring this 4.7.15
& Appendix H. It is part of the Guidance Code and therefore must be enforced. Look at
Apendix E - rentals are certainly not in harmony with the health, safety and welfare of our
community, Branson Creek. All the Decisions of Record should be revoked since the Guidance
Code was not enforced at the Final Vote meeting of the P&Z Commissioners. Why should we as
permanent residents of Branson Creek have to take further action with the Board of
Adjustments at $125 per owner who rents. It is the county's fault that we are in this
situation by giving a letter that was erroneous (Cottey and another attorney concurred)
stating that nightly rentals were permitted in Fieldstone Villas, The Bluffs I and II and The
Pinnacle. Notice that the subdivision Oak Knoll and Iron Ridge were left out of the letter
because that is where Tim Mahoney, then president of our H0A and also an officer in the
development, lived! We should be able to appeal these Decisions of Record without cost to us
the permanent residents.

l
S cott S tarrett

From: Nikki Lawrence
Sent: Tuesday, April 04, 2017 11:28 AM
To: Mike Scofield; Brandon Williams; Sheila Wyatt
Cc: Scott Starrett
Subject: FW: Branson Creek

From: Susan Smith [mailto:trsmith@ centurytel.net]
Sent: Monday, April 03, 2017 8:15 AM
To: Commission <Commission@co.taney.mo.us>
Subject: Branson Creek

Commissioners, I believe it would be to your benefit to examine the truly corrupt an unjust proceedings of the
PZ Commissioners in their approval of 18 nightly rentals in our community Branson Creek .
Even tho we had almost the whole neighborhood there during these hearings, with multiple residents speaking
with rightful documents and facts. They completed ignored!
There is no way you can approved that many at one time and expect to keep our beautiful community intact.

These commissioners got it wrong.

The applications were not properly filled out nor sketches provided as your codes indicate. The commissioners
asked minimal questions and could have cared less about the facts. These hearings have been a farce.
We as residents of Branson Creek now live in a community that is being overtaken by nightly rentals, thanks to
these incompetent PZ Commissioners.
Most of our residents are elderly and retired who bought here for the beautiful and quiet community we were
promised.
Now look what these commissioners have done!!! Unbelievable! We now live in a community where transients
are now our Neighbors.
All special use permits that these commissioners approved should be denied.
Exhibit A the Taney County Guidance codes are not being enforced and never will be by those nightly renters.
Please listen to the residents of Branson Creek.

Sent from my iPad

l