P&Z Regular Meeting Packet

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

AGENDA
TA N EY C O U N TY PLANNING COM M ISSION
REGULAR M EETIN G
MONDAY, A PR IL 17, 2017, 6:00 P.M.
C O U N TY COM M ISSION HEARING ROOM
TA N EY C O U N TY COURTHOUSE

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

Review and Action:
Minutes, March 2017

Final Votes:
133 N. Tuscany Dr. Vacation Rental
360 Lone Pine Nightly Rental
Western Taney County Fire Protection District
Reese Nightly Rental
Essential Therapeutic Massage
Deer Crossing Nightly Rental

Concepts:
180 Legends Circle Nightly Rental
Shabby Chic & Junktique
The M Nightly Rental
136 Monte Cristo Nightly Rental
110 N. Tuscany Nightly Rental
Bristol Road Vacation Rental
226 Stoney Pointe Dr. Nightly Rental
Lee's Secret Garden Nightly Rental

Old and New Business:
Tentative

Adjournment.
 T a n e y C o u n t y P l a n n in g C o m m is s io n
P. O. Box 383 • Forsyth, Missouri 65653
Phone: 417 546-7225 / 7226 • Fax: 417 546-6861
website: www.taneycounty.org
M IN UTES
TA N EY C O U N TY PLANNING COM M ISSION
PUBLIC HEARING
MONDAY, MARCH 13, 2017, 6:00 P.M.
CO U N TY COM M ISSION HEARING ROOM
TA N EY C O U N TY COURTHOUSE

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

Mr. Starrett read a statement outlining the procedures for the meeting and
presented the exhibits.

Final Vote:
A vote was taken on a project previously tabled at the last meeting because no
representative was present. 177 N. Tuscany Nightly Rental was discussed with Luanne
Danner representing Nancy Klein. Mr. Starrett clarified the request. With no discussion a
motion was made by Mr. Lawrence to approve based upon the decision of record.
Seconded by Mr. Haes. The vote was three in favor of the motion and four opposing,
with the Chairman not voting. The project was not approved. Mrs. Danner questioned
the vote and pointed out that at the last meeting the Planning Commission voted to
approve the other requests which were exactly the same as this one. Mr. Faubion
stated that he was not at the last meeting and explained his reason for voting against
the approval. Discussion followed.

Public Hearings:
167 N. Tuscany Nightly Rental; a request to operate a nightly rental from a
single family residence located at the Villas of Fieldstone at Branson Creek
Development. No one was present to represent the request. Mr. Stewart made a motion
table until the end of the meeting. Seconded by Mr. Lawrence. The vote to table until
the end of the meeting was unanimous. The applicant did not appear before the end of
the meeting. Mr. Stewart made a motion to postpone until next month. Mr. Lawrence
seconded. The vote to postpone was unanimous.

National Enzyme; a request for the expansion of the National Enzyme Co.
manufacturing facilities located on the adjacent property to the east off Austin Street.
Mr. Starrett read the staff report and presented maps and pictures of the site. The
project was represented by Charles Amidon and Kim Crouse. Discussion followed
regarding parking and other uses of the property. Mr. Starrett stated that there is an
open permit for a large structure on the property. Mr. Haes discussed number of
parking spaces which will be approximately 100, and how big the delivery trucks will be.
Mr. Stewart discussed the cul-de-sac. Mr. Fogle discussed stormwater runoff which will
be in the form of a retention pond. With no other discussion this project will proceed to
final vote next week. No one from the public signed up to speak.

764 Jones Road Nightly Rental; a request for the construction of a single family
dwelling with attached guest house to be operated as a nightly rental. Mr. Starrett read
the staff report and presented maps and pictures of the site. Gary McSpadden
representing the project addressed questions from the board. Mr. Faubion asked if this
property was in a subdivision; Mr. McSpadden stated that it was not and that he talked
to the closest neighbor who did not have a problem with this use. With no other
questions or discussion this project will proceed to final vote next week.

127 N. Tuscany Nightly Rental; a request to operate a nightly rental from an
existing single family residence located at the Villas of Fieldstone at Branson Creek
Development. Mr. Glazer was present to address questions from the Commission. Mr.
Faubion asked if the other part of the structure was nightly rental or a permanent
structure. Mr. Glazer stated that it was permanent. He and his wife purchased the
structure as a nightly rental and he and his wife stay there about 15% of the time.
They are very careful about who they rent to according to Mr. Glazer. Karen Murphy
signed up to speak against the request. She stated that in her opinion plans for parking
were not turned in to the office. She continued to state various errors in her opinion by
the staff and Commission regarding procedure and interpretation of the Code. Mr.
Murphy who lives in the neighborhood opposing the request asked if any of the
Planning Commission had driven through their neighborhood. They answered that they
have. He pointed out the other nightly rentals in the neighborhood. He asked how many
complaints needed to be filed before a permit can be revoked. Mr. Stewart answered
the question that the request must proceed through the process until it goes to the
prosecutor's office. Mr. Starrett explained how the enforcement process works. Mr.
Faubion asked Mr. Murphy in his opinion who he thinks is responsible for the "mess out
there". Mr. Murphy stated the developer and the organization he operates. Mr. Faubion
stated that this puts the Planning Commission in a real quandary and that in his opinion
it is not their problem to fix. Discussion followed between the applicant and the room.
Lisa Aguirre discussed the Tim Mahoney letter and stated that in her opinion what
happened in the past doesn't matter. She stated that the property owners were not told
there would be nightly rentals in that subdivision. She criticized the way the Planning
Commission does their business and how the projects have been approved or denied.
Ms. Aguirre reported on the fire district meeting regarding the nightly rentals. Mrs.
Murphy was allowed to speak again. She also criticized the staff and Planning
Commission, and reported on when the nightly rentals started happening in her
neighborhood. Mr. Starrett clarified what the 120 days meant, and what a certificate of
conformance is. Mr. Glazer explained that he has a maintenance person locally. Mr.
Kitchen asked if he has a sales tax receipt, Mr. Glazer stated that he does. He has been
operating this nightly rental for 10 years. Another property owner stated that in his
opinion one property owner started renting and the others followed. In his opinion the
occupancy rule should be followed. With no other discussion this project will proceed to
final vote next week.

Old and New Business:
Mr. Caudill discussed National Enzyme, the Division II Permit and Landgrading
permit.

Adjournment:
With no other business on the agenda for March 13, 2017 the meeting adjourned
at 7:18 p.m.
TA N 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: 417 546-7225 / 7226 • Fax:417546-6861
COUNTY website: www.taneycounty.org

MINUTES
TANEY COUNTY PLANNING COMMISSION
REGULAR MEETING
MONDAY, MARCH 20, 2017, 6iO0 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Vice-Chairman Dave Stewart called the meeting to order at 6:00 p.m. A quorum
was established with five members present. They were; Dave Stewart, Rick Caudill,
George Cramer, Randy Fogle, Doug Faubion. Staff present; Scott Starrett and Bonita
Kissee-Soutee.

Mr. Starrett read a statement outlining the procedures for the meeting and
presented the exhibits.

Review and Action:
Minutes, February 2017; with one correction to page three paragraph 1 a motion
was made by Mr. Caudill to approve the minutes as written. Seconded by Mr. Fogle.
The vote to approve the minutes was unanimous.

Final Votes:
167 N. Tuscany Nightly Rental; a request to operate a nightly rental business at
Branson Villas. This request was withdrawn.

National Enzyme Co.; a request to extend the existing business to adjoining
property after purchase, accessed from Austin Street. Mr. Starrett clarified the request
and presented the proposed decision of record. The representative was present. A
motion was made by Mr. Cramer to approve based upon the decision of record. Mr.
Caudill seconded. Mr. Faubion stated that he thought this business was a plus to this
side of the county. The vote to approve was unanimous.

764 Jones Road Nightly Rental; a request by GCS Properties LLC to operate a
nightly rental business. Mr. Starrett clarified this request and presented the proposed
decision of record. Mr. McSpadden was present. With no questions a motion was made
by Mr. Faubion to approve based upon the decision of record. Seconded by Mr. Cramer.
The vote to approve was unanimous.
 127 N. Tuscany Drive Nightly Rental; a request by Roy and Jane Glazer to
operate a nightly rental business from an existing structure. Mr. Starrett clarified the
request and presented the proposed decision of record. Mr. Glazer was present. Mr.
Caudill discussed the driveway with Mr. Glazer who stated that there is a flat spot up
above for two additional cars and the garage is available for parking as well and they
would not normally have more than two cars. Discussion also included the amount of
time this property has been used as nightly rental. Mr. Faubion asked if there was
something in writing legally stating this owner could use this property as a nightly
rental. Mr. Glazer stated that yes he does. Further discussion ensued regarding
management and amount of time the property is rented during the year. With no other
discussion Mr. Caudill made a motion to approve based upon the decision of record. Mr.
Cramer seconded. Mr. Fogle asked how many nightly rentals were on this street. Mr.
Faubion asked if the property next door was a nightly rental. Mr. Glazer stated that she
was in favor of his using this property as a nightly rental. There was further discussion.
The vote was three in favor and one opposed for approval.

Concepts:
133 N. Tuscany Nightly Rental; a request by Jonathan S. George to operate a
nightly rental from an existing single family dwelling located at Fieldstone Villas. The
representative Jonathan George was present to explain his request. Mr. Starrett
presented a map of the property. After discussion the hearing on this request was
closed and will proceed to public hearing next month.

360 Lone Pine Road Nightly Rental; a request by Jackie C. Hughes to operate a
nightly rental business from an existing single family dwelling located at Lot 20 Block 1
of Skyline Subdivision. Mr. Starrett presented a map of the property. The listing agent
Leta Young was present to discuss the request. The Commission discussed making sure
the new owner fills out a new application when it is purchased. Discussion followed
regarding fire suppression, wastewater, number of bedrooms, and location of other
nightly rentals in the area. After discussion the hearing was closed and this project will
proceed to public hearing next month.

Western Taney County Fire Protection District Station 12; a request by the
District to construct a fire station with living quarters for two families and three
individuals with the station centered between the two living quarters with a duplex for
the two families and a training room. The property is located off Windmill Road. Mr.
Single and Mr. White were present to explain their plans. Mr. Starrett presented a map
of the area. The Commission discussed location, the families living there will be
firefighters, and proximity of the fire station to the neighborhood. After discussion the
hearing was closed and this request will proceed to public hearing next month.

Reece Nightly Rental; a request by Robert Woolston to construct a single family
dwelling for a vacation home with the option of using it as a nightly rental when not in
use. The property is located at the corner of Majestic and Lenhart Roads. Mr. Starrett
presented a map of the property. Mr. Fogle discussed wastewater availability. After
discussion this hearing was closed and the project will proceed to public hearing next
month.

180 Legends Circle; a request by Adam Donyes to operate a nightly rental
business at Lot 52 of the Pinnacles Subdivision. Mr. Starrett presented a map of the
area. There was no one present to represent the project. A motion was made to table
until the next concept hearing by Mr. Cramer. Seconded by Mr. Caudill. The vote to
table was unanimous.

Essential Therapeutic Massage; a request by Steven Judd to operate a
therapeutic massage business from a detached building located at 830 Beeler Road.
This business has been in operation for 17 years inside the City limits of Hollister. Mr.
and Mrs. Judd were present. Mr. Starrett presented a map of the area. Discussion
included, signage, number of appointments in a day, and parking. With no other
discussion this project will proceed to public hearing next month.

Deer Crossing Nightly Rental; a request by Branson Turkey Crossing to construct
6 log cabins to be used as a nightly rental business located off Jones Road. The
representative explained the request. Mr. Starrett presented a map of the area.
Discussion included permitted nightly rentals in the neighborhood, the property owner
is the applicant, the driveway will be shared, and wastewater disposal. With no other
discussion this project will proceed to public hearing next month.

Shabby Chic & Junktique; a request by Donna Tanka to construct a 24 x 36
building located at 22068 US Hwy. 160 for a flea market business. No representative
was present. A motion was made by Mr. Cramer to table until the concept hearing next
month. Seconded by Mr. Caudill. The vote to table was unanimous.

Old and New Business:
Discussion regarded permitting special use to the buyer of the property.

Adjournment:
With no other business on the agenda for March 20, 2017 the meeting adjourned
at 7:18 p.m.
 TA N E Y T aney C ounty P lanning C ommission Ayv
P. O- Box 383 ® Forsyth, Missouri 65653
I/CO U NTY Phone: 417 546-7225 / 7226 • Fax: 417 546-6861
website: wmv.tancycounty.org .

APPLICATION! FOR CONCEPT
DIVISION III
TANEY COUNTY PLANNING COMMISSION

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

NAME OF PROJECT:.

NAME OF APPLICANT: X>O N j V g *
\of record)

SIGNATURE: DATES ^ h M T o a

MAILING ADDRESS

TELEPHONE: M rH *^ 1 4 “ EMAIL: l\ A n fl\ X e /rs PXV\^\ I • C & KA

Representative Information
NAME OF REPRESENTATIVE:

MAILING ADDRESS (rep.): ^ AP-

TELEPHONE NUMBER (rep.): m T U I H - 1 M .M M

j Revised 01/01/2010
n -
0
 Property Information

ACCESS TO PROPERTY (street # and name): \% Q C JL,

Number of Acres (or sq. ft. of lot size): CX'1~Q “SQ .
PARCEL #: O O P - O Q Q - Q U . O'____________
(This number is on the top left hand corner of your property tax statement)

SECTION: 2 1 ______ TOWNSHIP: IX - RANGE: IX wl tVqE c&K

NAME OF SUBDIVISION (if applicable): V 00-
Lot # (if applicable^ 5 Z~_______ BLOCK # ____________________

WITHIN 600' FROM THIS PROPERTY IS:
(Check all land uses that apply)
□ Commercial □ Multi-Family H Residential □ Agricultural
□ Multi-Use □ Municipality

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

WATER SUPPLY SYSTEM:
□ Community Well □ Private Well
Q/Central: District # ____________

DOES THE PROPERTY LIE IN THE 100-YEAR FLOOD PLAIN? □ Yes □ No
THIS REQUEST FALLS INTO ONE OR MORE OF THE FOLLOWING
CATEGORIES:
□ Residential □ Multi-Family □ Commercial □ Industrial
[/special Use □ Other - Explain:____________________

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

Revised 12/19/03
 Custom er Only Report 180 Legends C irc le Hollister, MO 65672 $335,000

60052285 Residential For Sale Single Fam ily Closed
A greem ent Type: Exclusive Right To Sell L is t Price: $350,000
C o u n ty: Taney Begin Date: 05/09/2016
S u b d ivisio n : Branson Creek/The Legends Total SqFt: 3,100
Total Bedroom s: 5 List Price S qft: 112.9
B ath s ■ Total: 4 Total Finished SqFt £A II Levels) 3,100
B ath s - Full: 4 A bo ve Grade Fin S q R t: 1,600
B ath s - Half: 0 A bo ve Grade U nFin S q F t: 0
Sign on Property: No Below Grade Fin S qF t: 1,500
A p rx Year B uilt: 2007 Below Grade UnFin S q F t: 0
A p rx L o t Size (A c re s ): 0.09
Lake/River: None
W aterfront/View: N o n e

Elem entary S chool: Hollister Inside C ity Lim its: N o
M id dle S chool: Hollister F oreclosure/S hort S a le : No
High S chool: Hollister

. D irection s: From Branson - Take 65S to Branson Creek; turn left into Branson Creek. Go 2,7 miles then turn left into Pinnacle

M arketing Remarks: Fully Furnished Legal Nightly Rental with a spectacular view of Buffalo Ridge Golf Course. Great Books! Two D ecks to enjoy
watching the Buffalo when they are on the ridge. New Finished Walk Out Basement with Two Master Suites.______________________________________

Room Name Room Level A prx Room Sizes |Room Name R oom Level A prx R o o m Sizes
-

Features C o n s tru c tio n & U tilities O ther Fees a n d HOA Info
Basem ent Type: Basement: Yes;
Full - Finished Tax Year: 2015
View: Golf Course; Mountain; Tax ID: 17-8.0-27-000-000-011.017
Panoramic Real E state Tax: 1,908
Vacation Rental: Yes

S co tt Starrett P roperty Sub-Type:Single Family F ina ncing: Conventional Sold Price S q ft: 108,06
B ranson House Realty Sign on Property: No Price D isclosed: Yes Begin Date: 05/09/2016
192 Expressway Lane Cum ulative DOfVkO
Suite C
BRANSON, MO 65616
417-334-7653
scott@bransonhouse.com

information on this sheet has been made available by the MLS and may not be the listing of the provider.
 TANEY M m T an ey C o u n ty P la n n in g Commission
P. O. Box 383 • Forsyth, Missouri 65653
COUNTY Phone: 417 546-7225 / 7226 * Fax: 417 546-6861
website: www.taneyeounty.org

W J& s m
APPLICATION FOR. CONCEPT
DIVISION III
T hU E f COUNTY PLANNING COMMISSION

The Concept Application is for the use of the Planning Staff and Commission to
enable us to know the nature of the planned project. The official Division III
Application for permit will be filed along with everything needed to complete
your file, as listed on the Division III Procedure Checklist. Division III
Applications: $150.00, Special Use Applications: $150.00. a - / -7

NAME O F PROJECT: [£ f t ^ ¥ f7 Z j£ tJ E t

, , . . . .-a ..................«

NAME O F APPLICANTS / t f i-J K J~ \r ____________________ S ftm P d
(Must be owner o f record)

SIGNATURE: DATE;. /
(Must be owner o f record)

M A ILIN G ADDRESS: Pk§ek i+ n

TELEPHONE: f ! / I / EFSAIL:

Representative Information

NAME OF REPRESENTATIVE: ^ f T P l & Q -

M A ILIN G ADDRESS (rep.):

TELEPHONE NU M BER (re p ,):_____

4 - / 7
"P H ­
Revised 01/01/2010
? / ' £?- ! t?
 Property Information

ACCESS TO PROPERTY (street # and name): d -R llM t U h :J/a.O

Number of Acres (or sqaft. of Sot size):

PARCEL #i / O - h - D " iS-'D dd >&&C)______
(Parcel # MUST to® ®n perm*. Exampte: ®®-O.@-©O-©O®-0®©-®O@.O0®. This number is an top Sefffc haired crarm
property Sajc statesmen®. Iff y®u hawe mot paid taxes om pr®perty, tmiusft have Marne off prewioMS owner off prof

SECTION" /$ - TOWMSHIPe RANGED /.‘f
MAME OF SUBDIVISION (If applicable)

Lot # (if applicable!) I BLOCIC #

W ITH IN 600' FROM THIS PROPERTY IS:
(Check all land uses that apply)

□ Commercial □ Multi-Family ^Residential ^Agricultural
□ Multi-Use / □ Municipality ' v

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

WATER SUPPLY SYSTEMS
□ Community Well □ Private Well
BXentral: District # _________

DOES THE PRO PERTY LIE IN THE 100-YEAR FLOOD PLAIN? □ Yes □ No

THIS REQUEST FALLS IWTQ 0ME OH MORE QF THE FOLLOW ING
C A T E G O R IE S ^

□ Residential □ Multi-Family □ Commercial □ Industrial
□ Special Use □ Other - Explain:_______________

Revised 12/19/03
A ny proposed p ro je ct that does n o t have a posted 911 address m ust be id e n tifie d
w ith a survey fla g a t the proposed access to the property. Failure t©p o st -the
survey fla g w ill resu lt in a delay o f the P u b lic Hearing . Please giwe a descrip tion o f
your proposed p ro je ct including a ll uses,:•(IMPORTANT! M ake th is d escrip tion as
com plete as possible as your pu blic notice w ill be based on the in form ation
provided here.)

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v ■ ' . . . . . . li

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2^ & dmktique *

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Open Thurs.- Sat. 10-4 i> The Yard
(starrett LumberYard) E. Hwy. 76 Forsvth ° ° nna Tanha
— yul 719-210-1752

Revised 12/19/03
 O B e a C O r f Taney County, MO

Overview

i'j
V' % xtt <.
X-S:Ti »?£j.i‘.

Legend
Q Parcels
Roads
Lakes
.... Corporate Limits

129 ft
... ■" - " ______

Parcel ID 10-5.0-15-000-000-020.000 Alternate ID n/a Owner Address TANKA DONNA M
Sec/Twp/Rng 15-23-19 Class n/a PO BOX 1417
Property Address 22068 US HW Y160 Acreage 2 FORSYTH MO 65653
D istrict 2CCX
Brief Tax Description THOMAS ESTATES THOMAS ESTATES L T 1
(Note: Not to be used on legal documents)

Date created: 2/24/2017
Last Data Uploaded: 5/20/2013 10:17:09 PM

(Cjsfe Developed by
S^neider The Schneider Corporation
 J
TANEY T a n e y C o u n t y P l a n n in g C o m m is s io n *
P. O. Box 383 • Forsyth, Missouri 65653
COUNTY Phone: 417 546-7225/7226 ° Fax:417546-6861
websitenmvw.taneyconnty.org

APPLICATION! FOR CONCEPT
DIVISION III
TANEY COUNTY PLANNING COMMISSION

The Concept Application is for the use of the Planning Staff and Commission to
enable us to know the nature of the planned project. The official Division I I I
Application for permit will be filed along with everything needed to complete
your file, as listed on the Division III Procedure Checklist. Division III
Applications: $150.00, Special Use Applications: $150.00.
18
NAME OF PROJECT:

NAME OF APPLICANTS

SIGNATURE

MAILING ADDRESS:

TELEPHONE: EMAIL:

Representative Information
NAME OF REPRESENTATIVE:

MAILING ADDRESS (rep.):

TELEPHONE DUMBER (rep.):

(U IU 4 -#
Revised 01/01/2010
P U - S - q
0 ©

Property Information

ACCESS TO PROPERTY (street # and name): ^
1 4

,i> g f c ®
Number of Acres (or sq. ft. of lot siie): 5 y ^

PARCEL #: 0 6 &
(This number is on the top left hand corner of your property tax statement)

SECTION " S TOWNSHIP: ^ M 1RAN6E: jW

NAME OF SUBDIVISION (If applicable): ....... .......... _N ...... _n _ _
fU m e n
Lot # (If aeaBicabSe) BLOCIC # _ _ _ _ _ _ _ _ _ _ _ _ _ _

W1THIM 600" FROM THIS PROPERTY IS: WOO&S~ H e t a t g f t
(Check all Sand uses that apply) **** % V t t t t y

® □ Commercial □ Multi-Family Residential □ Agricultural
□ Multi-Use □ Municipality

SEWAGE DISPOSAL SYSTEM: * ^
□ Treatment Plant . ^Individual
□ CentrahSewer: District # __________

WATER SUPPLY SYSTEM: r
□ Community Well ^ □ Private Well
^Central: District #

DOES THE PROPERTY LIE IN THE 100-YEAR. FLOOD PLAIftI? □ Yes 0l\lo

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

□ Residential □ Multi-Family □ Commercial □ Industrial
jlfepecial □ Other - Explain:_________________

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

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£^/jyy.-*y (. _ i-auz. U. tx.-Ai.'irh &t.Aych ______________ __________

j-hci, —^-£2- _^c>- .U.,r r w . — .fY!

Revised 12/19/03
 aA N h ¥ . ■ |T an e y C o u n
* tv.v t h p y t
P- 0 . Box 383 • Forsyth. Missouri 65653
■ LUUM : I Phone: 417546-7225/7226 Fax: 417546-6861
website: www.taneycotm ty.org V;-^
V vH v

/ 7
APPLICATION FOR CONCEPT
DIVISION I I I
TANEY COUNTY PLANMIMG COMMISSION

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

NAM E OF PROJECT: C q& l I ^ P ^ lo m t Q Q jU y jfa p ^lV> .

NAM E OF APPLICANTS U IA t&d U_________________________
{M ust be ov\/ner o f record)

SIGNATURE: '~7U m^ o. ____________ DATE; 2^-/7
(M ust be owner o f record)

M A IL IN G ADDRESS: te ltf AJu) I l rtt Sr ^ . .K/6

TELEPHONE: , EMAIL: a ,*

RepreseHtative Information
N A M E OF REPRESENTATIVE: ^ _______________

N AILIN G ADDRESS (r@pa):

TELEPHONE NUMBER. (rep„):

Revised 01/01/2010
 P ro p e rty In fo rm a tio n

ACCESS TO PROPERTY (street # and name): M:, TKw

?70i b•?J-e.' SY?O (o5 ^

dum ber o f Acres (or sc|Eft. o f lot size):__________________________
DO(. t ^
PARCEL # i n- u - -Qot-coc - t w . i s *
(Parco'l # MUST be 081 @0-OoO-@O~0O®“OOO-OOOoOO@c This siys^tjBS1ss obs fesp>fieffc haEid c©gMci!eF ©ff
{property tax sfoateraieftfc, 2f yois foawe raofe gsasdl fcaKes an {pra-pest^ mwsfc siaerne of? gss-evgooiis ©weier of pr*sp@&%0)

SECTION a___________TOWNSHIP^____________RANGE: _________

WAME OF SUBDIVISION (If applicable): d _________________

Lot # (if applicable) BLQOC # _ _ _ _ _ _ = _ _ _

W ITHIN 600* FROM THIS PROPERTY IS'
(Check all land uses th at apply)

□ Commercial [^Multi-Family □ Residential □ Agricultural
□ Multi-Use □ Municipality

SEWAGE DISPOSAL SYSTEMS
□ Treatment Plant 0 Individual
□ Central Sewer: District # _________

W ATER SUPPLY SYSTEM
^Community Well □ Private Well
□ Central: District # ______

DOES THE PRO PERTY LIE IN THE 100-YEAR FLOOD PLAIN? □ Yes a No

THIS REQUEST FALLS INTO ONE GK MORE OF THE FOLLOWING

□^Residential &Muiti-Family □ Commercial □ Industrial
u Special Use □ Other - Explain:________________

Revised 12/19/03
Marla Pierce

From: Tim Watson [cubbieswin.tw@gmaii.com]
Sent: Friday, March 17, 2017 3:44 PM
To: Marla Pierce
Subject: W atson division 3 permits

Good afternoon Marla
110 N Tuscany
3 bedroom 2 1/2 bathrooms 8 guests maximum
136 Monte Cristo Drive
3 bedrooms 2 1/2 bathrooms 8 guests maximum.
Please let me know if you need anything else.
Thanks
Tim Watson

l
 | 3> B e a c o n T Taney County, MO

O verview

TT \ -Q'.
_n
.L..rA U:

Legend
Q Parcels
Roads
Lakes
f~l C orporate Limits

Parcel ID 17-8.0-28-000-000-001.141 Alternate ID n/a Owner Address WATSON RANDY & CHERYL & TIMOTHY
Sec/Twp/Rng 28-22-21 Class n/a 6119NW11THST
Property Address 136 MONTE CRISTO DR Acreage n/a LINCOLN NE 68521
D istrict 5CWX
Brief Tax Description VILLAS OF FIELDSTONE AT BRANSON CREEK DEVELOPMENT, THE VILLAS OF FIELDSTONE ATBRANSON CREEK
DEVELOPMENT,
(Note: Not to be used on lega I documents)

Date created: 3/17/2017
Last Data Uploaded: 5/20/2013 10:17:09 PM

Developed by
e The Schneider Corporation
Schneider
 TANEY Jff 111 Taney C o u n ty P la n n in g C om m ission
P. O. Box 383 » Forsyth, Missouri 65653
'COUNTY Phone: 417 546-7225 / 7226 - Fax: 417 546-6861
website: www.ta.neycounty,org

-f i r ''
APPLICATION FOR CONCEPT ^
DIVISION III
TANEY COUNTY PLANNING COMMISSION

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

N A M E O F P R O JE C T: C p-g eic W O

N A M E O F A P P L IC A N T : (,,,^-r/tv U j A-T5 o/q__________________________
{Must be owner o f record)

S IG N A T U R E : ~ X v k ,,^ _____________________ D A T E ; f l - l o - i '7
(Must be owner o f record)

M A IL IN G A D D R E S S : ( e ll k j ia J i/rH Nz Co % S ~ L i

TELEP H O N E: ^ / E M A IL : & <k* ,q , 1. c c ^

Representative Information
N A M E O F R E P R E S E N T A T IV E : Sa/mk A ,s h f j p - j z _________________________

M A I L I N G A D D R E S S ( r e p . ) : ______________________________________________ _ _ _ _

TE L E P H O N E N U M B E R (r e p .):

Revised 01/01/2010
 Property Information

ACCESS TO PROPERTY (stre e t # and name): NO m -TuScaW
DftWfc HDLL iSruP Ano (jS u iz-

Number of Acres (or sq. ft of lot size):
a u ip A S !
PARCEL # : *^ ^ o ^2 ~~ 00 b—co o _____
(Parcel # MUST be on permit. Example: 00-0.0-00-000-000-000.000. This number is on top left hand c o m e r of
property tax statem ent. If you have not paid taxes on property, m ust have nam e of previous owner o f prop erty.)
SECTIO N :___________ TOW NSHIP:____________ RANGE:

NAME OF SUBDIVISION (if applicable): ^eirhrcn-e ________________

Lot # (if applicable^ BLOCK #

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

□ Commercial ^Multi-Family □ Residential □Agricultural
□ Multi-Use □ Municipality

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

WATER SUPPLY SYSTEM:
§ Community Wei! □ Private Well
□ Central: District # ___________

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

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

^Residential s'Multi-Family □Commercial □ Industrial
□ Special Use □ O ther - E x p la in :______________________

Revised 12/19/03
Marla Pierce

From: Tim Watson [cubbieswin.tw@gmail.com]
Sent: Friday, March 17, 2017 3:44 PM
To: Marla Pierce
Subject: Watson division 3 permits

Good afternoon Marla
110 N Tuscany
3 bedroom 2 1/2 bathrooms 8 guests maximum
136 Monte Cristo Drive
3 bedrooms 2 1/2 bathrooms 8 guests maximum.
Please let me know if you need anything else.
Thanks
Tim Watson

l
 ^ B e a c o n Taney County, MO

Parcel ID 17-8.0-28-000-000-001.151 Alternate ID n/a Owner Address WATSON RANDY & CHERYL & TIMOTHY
Sec/T wp/Rng 28-22-21 Class n/a 6119NW11THST
Property Address 110 N TUSCANY DR Acreage n/a LINCOLN NE 68521
D istrict 5CWX
Brief Tax Description VILLAS OF FIELDSTONEATBRANSON CREEK DEVELOPMENT,THE VILLAS OF FIELDSTONEATBRANSON CREEK
DEVELOPMENT,
(Note: Not to be used on legal documents)

Date created: 3/17/2017
Last Data Uploaded: 5/20/2013 10:17:09 PM

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

APPLICATION FOR CONCEPT
DIVISION I I I
TANEY COUNTY PLANMIfMG COMMISSION

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

NAME OF PROJECT: 3 r \ S-M 1^1 IZ e icU f -U rn s

NAME OF A PPLIC AN TS __________ r P i i f l L p _______________________

SVIMA LIB'iVJ M U U K C 3 3 . ( ( I -I V' ! ^ I (J t t— L/V->- ( A t f l U t K/« / lv i H d

TELEPHONE: . _ EMAIL;__ £A

Representative Information

NAM E OF REPRESENTATIVE: a S a L i ’*

M A ILIN G ADDRESS (rep.):

TELEPH O N E N U M BER (rep.):

Revised 01/01/2010
 Property Information

ACCESS TO PROPERTY (street # and name): 777 tS rk W

Mumfoer of Acres (or sqaft. off Sot size):
PARCEL #1 05 - 6 - 3 3 - DflP - flflp - 6 # , QQ&.
(P arce l # MOST fee on permit. ixam pfies OO-&O-OO-OOO-OOO-OOO.OQ0. This n u m b e r is on to p le ft hand c o m e r off
p ro p e rty t a x s ta te m e n t. I f yaw have noft pa id tasees am p ro p e rty , mim s S Stave nam e o f p re vio u s owmer off p r o p e r t y . )

SECTION" 33 _z2 ^ 2i TOW NSHIP"___________ RANGE._________

NAME OF SUBDIVISION (if applicable): '/ /lo^ sdiles Lazy / k r ^
Lot # (if applicable! 3 BLQCSC # _ _ _ _ _ _

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

□ Commercial □ Multi-Family R esidential □ Agricultural
□ Multi-Use □ Municipality

SEWASE DISPOSAL SYSTEM*
□ Treatment Plant ^Individual
□ Centra! Sewer: District # ___ ______

W ATER SUPPLY SYSTEMS
□ Community Well orfrivate Well
□ Central: District # _________

DOES THE PROPERTY LIE M THE 100-YEAR FLOOD PLAIN? □ Yes p^To
THIS REQUEST FALLS IMT0 ONE OR MORE OF THE FOLLOWING
CATEGORIES,

□ Residential □ Multi-Family □ Commercial □ Industrial
g/^pecial Use □ Other - Explain:_____________________

Revised 12/19/03
 Any proposed p ro ject that does not have posted a 911
address m ust he id & n tifie d
with a survey flag a t the proposed access to the property. Failure to p o st frJse
survey fSag w ill resu lt in a delay of
the P u b lic Nearing.. Please give a d e scrip tio n of
your proposed p ro ject including a ll uses: (IM PORTANT! Make th is descriptf& n as
com plete as possible as your public notice w ill be based on the in form ation
provided here.)

_________ . / LOOtit/i h/O "fo_h:s)~ M /)/!/»t'__
__________ 4 $ d cmL L .//

__________ k d H zJfd£M t2i Qm l£ UdM Lztk t
_______ Q kim s.. [ ill L m & Im km n L '
dorM /vt-fh a Itifili^dnd dhfiut'tjrotind
f u n !. 'J j h . W M i m M . M L h . h th r

Ls & ^ lluJ z / s<pk
- 7\ x j j k t h u lL ^ o j d f . d j( M u ~f#~

M
■ U % - ! P e o p le $)i£jhrlu.: im i f l'mL U h U M fiJim ffs)

____ m y . - ft fa t L u w J / f ’$ f J L / / it # 'J h t r f. / 4?/(A ,a ib iv d
Jn n /ftr f a rZ itn M W '/ tv/ /iliW yJoj fa / r k c b / f t-w

(flSM(4dlt ^ J l T t i ^ O i t m/m/1y -firA'er 20 V ~fa <jiUt M i W d h
i ^ ’ 2£>ycK

]flff) )A i h Sued 1\y) A Je /rfcj# /h h / la w o b o '4 l/fc d -b nm ,

d/Zoufff^ rfbvfd help jpoS’Sill? 4m i*pl;&/to5 0/ Iaui /omy a J
hAk r 1 > 1 1 ....
Revised 1:
12/19/03

J d i L WiWL/dti
k
 w-
Bristol Road Vacation Rental
 APPLICATION FOR CONCEPT
DIVISION III
TANEY COUNTY PLANNING COMMISSION

The Concept Application is for the use of the Planning Staff and Commission to
enable us to know fhe nature of the planned project The official Division ITI
Application for permit will be filed along with everything needed to complete
your file, as listed on the Division III Procedure Checklist. Division III
Applications: $150.00, Speciai Use Applications: $150 00.

NAME OF PROJECT: Continuance of Nightly Rents

NAME OF A P P L IC A N T :. Billingsley Family Frost *2/06/2007, Gary D & Lois Billingsley Trustees
. ( Must,bt' owner o f record)

S I G N A T U R E : f. ^ ____ ___ DATE: ^ 2 / '7
. (Must bsfawnefo f record)
; ' t
M A IL IN G ADDRESS: « 5 * 1 Tanglewood Drive, rarmersoranch, IX 75234

TELEPHONE: 9/2-7*8-6355 E M A IL : 1gary..'i:!!inpsV:y^t;gmail.corr

Representative Information
NAME OF REPRESEN TATIVE: Gary D Billingsley PotX> &A± .0 ,f„ .
—-------------------------------- l ------------- — " 2------ ~t r? a > r Loo^ n'jXsDjJ
SHU ti^ o s J LO° t
. ro\Ci Lr--> to/y
MAILING ADDRESS ( r e p .) . ___ 14511 Tang.-.-wood Pfiv6 , Famieisbranch. 1'X 752.34

T E L E P H O N E N U M B E R fre p .): 'J72-7ea-fi3S i.____ V /~2- S C'Y ~ O l V ’/
 Property Information

ACCESS TO PROPERTY (street # and name):__

_______ 226 Stoney Pointe Drive, Hollister, MO 65672_____________

Number of Acres (or sq. ft. of lot size): 71.61 X145.60 irr ___________________

PARCEL # : ________ 17-8.0-28-000-000-001.043________________________ _
(This number is on the top left hand corner of your property tax statement)

SECTION: 28 TOWNSHIP: 22______ RANGE: 21

NAME OF SUBDIVISION (if applicable): Fieldstone Bluffs - PH 1 Fieldstone B luffs

Lot # (if applicable)_______ 29_____ BLOCK # _____________________

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

□ Commercial □ Multi-Family Residential □ Agricultural
©<Multi-Use □ Municipality

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

WATER SUPPLY SYSTEM:
©Community Well □ Private Well
□ Central: District # ___________

DOES THE PROPERTY LIE IN THE 100 -YEAR FLOOD PLAIN? □ Yes m io

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

^Residential □ Multi-Family □ Commercial □ Industrial
XXSpecial Use □ Other - Explain:__________________

Revised 12/19/03
A ny proposed project that does not have a posted 911 address m ust be id e n tifie d
with a survey flag a t the proposed access to the property. Failure to post th e
survey fiag w ill result in a delay o f the Public Hearing. Please giwe a description o f
your proposed project including a ll mess (IMPORTANT; Make this description as
complete as possible as your public notice w ill be based on the inform ation
prowided here.■)

I purchased my vacation home in 2008 to have a place to come & enjoy children & grandchildren

who live in the area. This vacation home was made possible by entering our home in Branson

Creek's nightly rental program to offset the purchase. I contracted with Fieldstone Villa

Management, LLC on 4/25/2008 - Exhibit 1. Exhibit 2 is the first income received. Under various

m anagement I have rented the home continuously since 2008 under Branson Creek's Div III p e rm it

until the current time when a recording issue necessitated each owner obtaining their own Div III perm it.

I am appearing today to request a Special Use Permit. This has never been a profit venture for m e,

—fost-sim ply a way-to-a ffe fd -a ^e m e 4 e -e » je y-e tti^m n e h M =enr-Ejd^bif^->-Hot}se-desefipteFh& G uest

Relations, Exhibit 4 - Aerial Map, Exhibit 5 - Aerial map closer range. Exhibit 6 - General W arranty Deed.

—Now managecTbyMarie Powers, Agape Opscate'Vaeation R e n ta fslrtC , who lives------------

—m-Btanson (417-598-0144).................................................................................................... ..... ......

Revised 12/19/03
 Billingsley Family Trust
Gary D Billingsley Trustee
14511 Tanglewood Drive
Dallas, TX 75234

Scott Starrett
Taney County Planning
PO Box 383
Forsyth, MO 65653

Greetings Scott,

Yes, I did receive the December 16, 2016 Notice of Violation. That time was
quite confusing. As owners began mailing in their applications, Bob cancelled their
concept hearing and took their place to offer up an Option A, B, or C to try to resolve
the matter. I understood, perhaps wrongly, that the board would discuss it and come
up with a resolution that was neither A, B, or C. It was coming close to the time of
needing to reply to the violation so I sent a certified letter to Planning &. Zoning that I
would continue to operate under Branson Creek’s Div III permit until we received an
answer on how to proceed, t never received a reply to that letter.

Since then, many have applied and received their permits so I consider that my
answer. Unfortunately I have been dealing with family matters for the last couple
months that required my time and attention here in Texas. Since receiving the second
notice, my manager, Marie Powers, volunteered to get the paperwork together. You
w ill be receiving that paperwork directly from her to speed up the process. I am
enclosing a check in the amount of $150 to proceed w ith the application and am
hoping to get on the agenda for April’s Concept Hearing.

If there is anything more needed, please contact Marie at 417-598-0144. I w ill
come up from Texas fo r the Concept Hearing, Public Hearing and vote.

Sincerely,

Gary D Billingsley, Trustee
Billingsley Family Trust
 To: Bonita

We were told that you wanted to know of any altercations or issues with the homeowners in
Branson Creek with our guests. We have only had one and it was in the summer of 2016 about
two weeks after the whole fuss started. And if you want to know what started the fuss, it was
that Karen Murphy and Sue Smith usually go the community pool in the mornings and they
enjoy their private time in the pool. On one morning, about 20 guests (from 2 different villas)
joined in at the pool. From what I understand, the guests were polite and respectful but th a t
many people will definitely encroach on your private space when it is 2 against 20. From th a t
point on, they made it their mission to close down the vacation rentals.

I looked for the text but could not find it, but after my guests had gone home from their stay,
they sent me a text. The guest told me that when they had arrived to the home, less than 10
minutes later a lady (Karen) knocked on the door and told her their car in the street was illegal
and they needed to move it immediately. Our guests apologized and quickly complied. (I think
it was in the street because they don't get the garage door opener until they enter the home so
they had probably just gotten things into the home and hadn't gotten out to move the cars into
the garage).

The next day when our guests went to the pool, Karen and Sue were there. The guests had
hung their towels on the railing at the pool. Karen or Sue grabbed their towels and threw them
down onto a chair and told them that it was illegal to hang their towels and it was tacky. Karen
& Sue then commented to the guests, "you must have been the one who ordered Dominos last
night". They said it with complete disgust as if our guests were white trash. It actually wasn't
our guests who ordered the pizza. She told the guests various things but mainly that they were
going to shut down the vacation rentals in the community. Karen & Sue questioned and
questioned as to who rented them the home. The guests felt they were protecting me by not
giving them that information. I would have gladly spoken to Karen & Sue. I don't care what
they say to me but it is not appropriate fo r them to approach our guests. They told our guests
that they had seen lights on after 10 in the home and the community rules say lights must be
out at 10. Our guests took it all amazingly well, but she wanted to give me a heads up that they
were gunning for me and gunning to shut down vacation rentals.

I visited with Stacey in the HOA the very next day and gave her my information and cell
number. I made it clear that I will field any calls and complaints but approaching our guests is
NOT acceptable. I told her I would be willing to sit down with the ladies (as I think all the
owners have) to try to resolve their issues. If they want to affect change in our guest's behavior
they need to talk to the owners and managers. Our guests follow our parameters but if we
don't know them, we can't pass them along. I did get a list from Stacey of their complaints
interpretation o f the CC&RS and I contacted all of our incoming guests and posted them in
welcome book immediately.
 f$ > B e a C O n Taney County, MO £ Y H - iA t ~ r V

Legend
□ Parcels
Roads
[33 C o rpo ra te Limits
Floodplains
A
■ AE

Parcel ID 17-8.0-28-000-000-001.043 Alternate ID n/a Owner Address BILLINGSLEY FAMILY TRUST 12/06/2007
Sec/Twp/Rng 28-22-21 Class n /a GARY D & LOIS A BILLINGSLEY TRUSTEES
Property Address 226 STONEYPOINTE DR Acreage n /a 14511TANGLEWOOD DR
FARMERSBRANCH TX 75234-2551
D istrict 5CWX
Brief Tax Description FIELDSTONE BLUFFS - PH 1 FIELDSTONE BLUFFS - PH 1 LT29
(Note: Not to be used on legal documents)

Thefloodplaindata represented has been imported via the FEMA digital Flood Insurance Rate Map (FIRM) which became effective on March 15,2012. However, FEMAdoes not
recognize this floodplain layer as the official FIRM.

Date created: 3/22/2017
Last Data Uploaded: 5/20/2013 10:17:09 PM

^ ^4 Developed by
s^ineidef Schneider Corporation
 FIELDSTONE AT BRANSON CREEK
RENTAL PROGRAM AGREEMENT f X7/ >h / t
BLUFFS# DP\

This Rental Program Agreement (hereinafter, the “Agreement”) fs made this
day of P rpn { . 2C$£ by and between Fieldstone Villa Management, LLC, a
Missouri limited liability company (hereinafter, “Agent") and
S K I iitM&ilM_______________ (hereinafter, “Unit Owner"}, the owner
of Fieldstone Bluffs # (hereinafter, the "Rental Unit”).

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

WHEREAS, Agent has created a rental management program for the benefit o f
Interested Villa/Bluffs owners in which Agent will maintain, manage and rent various
Villas/Bluffs 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. Appointment 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 R ent fo r 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 units in ttve
RENTAL PROGRAM, and commensurate with the nature, class and atmosphere o f
Fieldstone Villas/Bluffs. 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/Bluffs through the RENTAL PROGRAM, the Agent shall give
equal consideration to all units within such program, attempting to spread the
occupancy among such available Villas/Bluffs as equally as possible. Each Villa/Bluffs
unit 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
A ge n t under this A greem ent. Unit Owner agrees to cooperate with Agent and other
owners of Villas/Bluffs units in RENTAL PROGRAM in promoting the rental of other
Villas/Bluffs unit in RENTAL PROGRAM.

4. Sale of Unit Should Unit Owner sell their Rental Unit during the term o f
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 o f
sale after ensuring that the RENTAL PROGRAM meets minimum rentaF standards ToT
f'A ^ ^ ^ e V Je ff c'/>scr^f?
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

Htldstrme Villa Manajjcmcnc 09-06-2007 Ver 01
 from rental availability. Unit Owner may also occupy the Rental Unit at any time w ithout
notice to Agent within sard 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, U nit
Owner shall be deemed to have occupied the Rental 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 o n ly
with Unit Owner’s prior written approval.

Agent may assess Owner a reasonable cleaning charge of $ Q for a
four-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 fo r
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 o f
any Villa in the RENTAL PROGRAM.

8. Expenses. As Agent for all of the owners of Villas/Bluffs in the RENTAL
PROGRAM managed by Agent, Agent shall pay, from rental revenue or capita!
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 o f minimum required equipment,
and the cost of ail linen service, laundry, soap, stationery, and similar supplies and ail
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

fMcldsionc V illa Management 09-06-2007 Ytjr. 01
3
 attributable to income earned by, or paid to, Unft Owner, and Unit Owner hereby agrees
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.

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 U nit
Owner after providing for a reasonable cash reserve equal to approximately Four - riv er
Percent (4-^%) 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 o f
Net Rental Income and held in reserve on Owner's behalf. ^ - ^
/ . —— } j a* W " / • / 1- Wi'/f /ygrf h r hs•’{'!
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 Viflas/Bluffs unit in the RENTAL
PROGRAM in reasonable detail, such statement to be forwarded to each Unit Owner ___\
soon as the same can reasonably be prepared.‘ Unit OwrierThaliTfavi 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/Bluffs 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 o f
Unit Owner's Lessor.

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

Fieldstone Villa Management 09-06-20C7 Vtr. <)!
4
 the Unit Owner, provided that such obligation of said Unit Owner is at least thirty (3 0 )
days in default. In the case of the sale of the Rental Unit, the obligation of the U nit
Owner may be paid immediately, unless the obligations are paid through the fin a l
closing of the saJe of the Rental Unit.

13. Powers of Agent \Age*rtshalf have any and all authority and power
necessary to reasonably carry out irre spon sibilities and obligations as provided for in
this Agreement. In addition, AgepHshall have to power to adopt, publish, enforce and
modify any and all conditions, prffes atad regulations relating to the renting of Villa units
in the RENTAL PROGRAM, ipouding tn^Rental Unit.

14. Limitation 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 b e
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 a s
ft 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 o r
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 taw, 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 dufy executed by each party hereto.

1$. 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,
by ar»y 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

Fielcfcioac Villi Monagcjnenl 09-06-2007 V<r. OJ
5
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 o f
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) ^ 2 -A - ~TW _______________________

Date: A -
J t l-Q l ________
Or- '

Field stone Villa Management, LLO

B y:___________________________________ Date:

100 Branson Creek Boulevard
Hollister, MO 65672

Fieldstone Villa Minagemem 09-06-2007 Vex. 01
6
 ?A N EY U O U N T T P L A N N IN G C O M M IS S IO N
, P .O . Box 383 Forsyth, Missouri 65653
- - -/ Phone: 417 546-7225 / 7226 Fax: 417546 6861
website: Mnvw.tRncycoiinty.org

APPLICATION FOR CONCEPT
DIVISION III
im m c O M M IlM A E M m Q C O ^M £S S £C ^

The Concept Application is for the use of the Planning Staff and Commission to
enable us to know the nature of the planned project. The official Division I I I
Application for penult will be filed along with everything needed to complete
your file, as listed on the Division III Procedure Checklist. Division III
Applications; $150.00, Special Use Applications: $150,00.

NAME OF PROJECT: L E £ S S 6 C & 6 T ________________

NAME OF APPLICANTS * Xa-Q/cS W m t & >4 FttJp to o r - b \QX€t> . t i e
{M ust be owner o f record)

SIGNATURE: . i3ATE^ 31&S b f? 1 7
(Must b!S owner o f record)

ADDRESS: 23 $3 ^fXtJPtTn, CoJ€ K& r KiRBYt/s-ig . H o (cSL^^t

- ELEPHON£: ^ m I.
Representative Information
NAME OF REPRESENTATIVE: a . ^ o k Ja -t

MAILING ADDRESS (r@p0): 2 5 S 3 YAtJoeUs, Cou& VCiRsyytiLg,

TELEPHONE NUMBER (rep.): H«7- 2.82.7__________

Revised 01/01/2010
ACCESS TO PROPERTY (street # and name): 312. 'r>L*zx.^e.i.L Rqa z

Number m Acres (©r sq» f t of lot size): o , % o o o o o o 11a z o <*-lh______

PARCEL #s on- l .d - z *- oao - ooo~ o z & . o q q
(This number is on the top left hand comer of your property tax statement)

SECTION: 2.3 T OWNSHIP: 2.5 RANG Eg 2.0

NAME OF SUBD>IVISION (if applicable): ______________________

Lot # (if applicable) N A SLOCSC # WA

W ITH IN 600' FROM THIS PROPERTY IS:
(ChecSc asSI land <us@s that apply)

□ Commercial □ Mufti-Family □ Residential □ Agricultures
□Multi-Use □ Municipality

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

WATER SUPPLY SYSTEM:
□ Community Well □ Private Well
□ Central: District # Pivsd & 2.

DOES THE PROPERTY LIE M THE 100-YEAR FLOOD P IM M ? □ Yes b Ho

□ Residential □ Multi-Family □ Commercial □ Industrial
S Special Use □ Other - Explain: ___ ______ ...._______

Revised 12/19/03
Anyproposedproject: that $@@snot have &posiie®’911 adldress must he sdetrj&fifed
with &survey flag at the proposed assess to the property. Failure to post ifo&
survey flag will result in a delay o f the Public Hearing. Please give a desctipti&n o f
yourproposedproject including alt uses.: (IMPORTANT: Make this description? as
complete as possible as yourpublic notice m ilbe based m the information
provided herei)

T < g aO P .S TlA JI C A S P g C fA t, ^ggM Vf To ^ U - g u i -rH tr

vse of -n -u s Uouse aaje> la a J3 > a s a v a c a tio k /

BV Q tO A je-K . C ^ lG -tfT L V I g e ^ T A t - AS. ?e fi~TVH g

Aif^leu ■£> tA G aJ T S AfroPTefr ~~Xf±£ 'Ta *J£ 'j CoO « JT*i

t o M M i $ s ) o / J V ________________________________________________________

Revised 12/19/03
 11 . 2 *

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Gazebo

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40.9'
_
<51' Sunroom I®
la
49'
T- 7
\ Utility
Carport B ed ro o m S K itchen — - Bedroom

e tx
; Bath
J ./V . -> >xl
living Dining
(Closet
Room Bedroom J
/ Closer

43'