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P&Z Public Meeting Packet

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P&Z Public Meeting Packet

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taneyjfOlii 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
E O. Box 383 • Forsyth, Missouri 65653
Phone: 4 1 7 546-7225 / 7226 ® Fax: 4 1 7 546-6861
^Cd^CO U N TY website: www.taneycoiinty.org

AGENDA
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, AUGUST 14, 2017 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

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

Public Hearing:
#17-27 Granny's K9 Clip Joint
#17-28 Misty Mountain Dog Grooming
#17-29 Kings Ridge

Old and New Business:
#16-01 DOR, 2581 Jones Road Nightly Rental, William Nichols

Adjournment

Copies o f this notice may be obtained by contacting the Planning Office at the above address and phone num ber.

Posted: 08/08/2017 By: MP Time: 10:00 am
Posted At: David St. entrance to the Taney County Courthouse bulletin board, outside the County Commission meeting room
At the Taney County Courthouse and the office of Planning and Zoning.
TANEY ^| Taney County Planning Commission

l^gpfCOUNTY Division III Special Use Permit

Staff Report

HEARING DATE: August 14, 2017

CASE NUMBER: 2017-027

PROJECT: Granny's K9 Clip Joint

APPLICANT: Tanya White

LOCATION: The subject property is located at 342 Savage Road, Kirbyville, Missouri,
Scott Township, Section 09, Township 22, Range 20.

REQUEST:

The applicant, Tanya White is seeking Planning Commission approval of a Division III Special Use
Permit to continue a dog grooming business in her residence located at 342 Savage Road,
Kirbyville, Missouri.

BACKGROUND and SITE HISTORY and REVIEW:

As per the Assessor's information, the property is listed as a three (3) acre lot in the Hunter's
Pointe Subdivision. The 1998 double wide mobile home is where Tanya lives and will haveher
dog grooming business. The applicant has indicated that the dog grooming business will be by
appointment only and she will take one dog at a time for a total often to twelve (10-12) dogs
per month working up to a maximum of twenty (20) dogs per month. Tanya will not kennel
dogs overnight.

The current application was approved for Concept July 24, 2017.

The project received a total score o f-1 on the Policy Checklist.

1
STAFF RECOMMENDATIONS:

If the Taney County Planning Commission approves Division III Permit #2017-027, the following
requirements shall apply, unless revised by the Planning Commission:

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

2. The home occupation shall involve no more than one employee outside the resident
family (Appendix E, 4.4.1.).

3. No home occupation shall display a sign larger than a two (2) foot by four (4) foot
unlighted nameplate (Appendix E, 4.4.3.).

4. The total area used for the home occupation shall not exceed one-third 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 (Appendix E, 4.4.6.).

__5__ This decision is subject to all existing easements.

6. A Decision of Record shall be filed with the Taney County Recorder of Deeds Office
within 120 days or the approval shall expire (Appendix D, Step 6).

2

3 AVAQE RD
- S f it f m E r R B -
© Beacon’ Taney County, MO
Parcel
Parcel ID 16-2.0-09-000-000-010.007
Property Address 342 SAVAGE RD
Tax Code 6CWX
Sec/Twp/Rng 9/22/20
Brief HUNTER'S POINTE HUNTER'S POINTE P R C L1; SURVEY OF
Tax Description PT NWSE4
(Note: Not to be used on legal documents)
School District Kirbyville
Fire District Western
City N/A
Deed 2017-7507 (2017-03-02)
Book/Page/Date

Owner
WHITE TANYA B & LESTER C
210 RABBIT ROAD LT 249
HOLLISTER, MO 65672

Land
Lot Dimensions 200x690 IRR
Lot Area 3.000 Acres

Improvements
Number Description Year Built Base Area Adjusted Area
1-1 Double Wide Mobile Home 1998 2052 2295
1-2 Garage 2010 720 720

Valuation
Improvements Land Total Assessed Total
Agricultural $0.00 $0.00 $0.00 $0.00
Commercial $0.00 $0.00 $0.00 $0.00
Residential $67,117.00 $8,470.00 $75,587.00 $14,360.00
Total $14,360.00

Taney County makes no warranties, expressed or implied, as to the use of the data.
&
Last Data Upload: 7/28/2017 10:21:15 PM Schneider
Developed by
The Schneider
Corporation
TANEY Taney C o u n ty Planning C o m m is sio n
COUNTY D iv isio n III Permit Staff Report

HEARING DATE: August 14, 2017

CASE NUMBER: 2017-028

PROJECT: Misty Mountain Dog Grooming

APPLICANT: Verlin Haskins

REPRESENATIVE: Sheila Bailey

LOCATION: The subject property is located at 20 Misty Mountain Road, Walnut
Shade, Missouri, Jasper Township, Section 05, Township 24, Range 21.

REQUEST:
The applicant, Verlin Haskins, represented by Sheila Bailey, is seeking Planning Commission
approval of a Division III Permit to use an existing metal building as a dog grooming business
located at 20 Misty Mountain Road, Walnut Shade, Missouri.

BACKGROUND and SITE HISTORY:

The property located at 20 Misty Mountain Road is a 62.3 acre parcel with an existing RV park,
Misty Mountain Sheep Skin Store, a mobile home, a single family residence and the twenty four
(24) x forty (40) metal building to be used for the dog grooming business.

The current application was approved for Concept July 24, 2017.

The project received a total score of zero (0) on the Policy Checklist.

1
REVIEW and GENERAL DESCRIPTION:

The representative, Sheila Bailey, has indicated the existing metal building will be used to
kennel the dogs inside while the dogs wait to be groomed. Dogs will be dropped off and picked
up the same day and the proposed days and hours of operation will be Monday through Friday,
open from eight (8) am to five (5) pm. Saturday will be by appointment only.

STAFF RECOMMENDATIONS:

If the Taney County Planning Commission approves Division III Permit #2017-028, the following
requirements shall apply, unless revised by the Planning Commission:

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

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

3. This decision is subject to all existing easements.

4. Business will be conducted Monday through Friday eight (8) am to five (5) pm and
Saturday by appointment only.

5. A Decision of Record shall be filed with the Taney County Recorder of Deeds Office
within 120 days or the approval shall expire (Appendix D, Step 6).

2
US HWY 65

US HWY 65

MISTY MTKIRCT
^ B e a c o n Taney County, MO

Parcel
Parcel ID 05-3.0-05-000-000-006.000
Property Address 139 MISTY MTN RD
Tax Code 4CWX
Sec/Twp/Rng 5/24/21
Brief Tax Description MISTY MOUNTAIN SUB, LT 2
(Note: Not to be used on legal documents)
School District Branson
Fire District Western
City N/A
Deed Book/Page/Date 2007-14379 (2007-03-14)

Owner
HASKINS VERLIN E & CONNIE J
DBA: DBA MISTY MOUNTAIN SHEEPSKIN CO & RV PARK
139 MISTY MOUNTAIN RD
WALNUTSHADE, MO 65771-9169

Land
Lot Dimensions 2226.95 X 1800.74
Lot Area 62.300 Acres

Improvements
Number Description Year Built Base Area Adjusted Area
1-1 Store 1990 1200 1260
1-2 Residence 1950 936 962
1-3 Mobile Home 1997 924 924
1-4 Utility 2008 576 605
1-5 Utility Hookup 1992 10 10
1-6 Utility Hookup 1992 8 8
1-7 Mobile Home 1983 980 980
2-1 Shed 1986 468 468
2-2 Garage 2002 960 960
2-3 Garage 2003 2160 2160

Valuation
Improvements Land Total Assessed Total
Agricultural $1,360.00 $9,369.00 $10,729.00 $1,290.00
Commercial $27,861.00 $9,148.00 $37,009.00 $11,840.00
Residential $89,903.00 $8,000.00 $97,903.00 $18,600.00
Total $31,730.00
TANEY Taney County Planning Commission
COUNTY Division III Permit Staff Report

HEARING DATE: August 14, 2017

CASE NUMBER: 2017-029

PROJECT: Kings Ridge

APPLICANT: Vacation World

REPRESENTATIVE: Charlie Engram and Brad Moncado

LOCATION: The subject property is located off Stinger Drive, Branson, Missouri,
Branson Township, Section 21, Township 23, Range 21.

REQUEST:

The applicant, Vacation World, represented by Charlie Engram and Brad Moncado, is seeking
Planning Commission approval of a Division III Permit allowing the development of 35 acres into
a nightly rental community located off Stinger Drive, Branson, Missouri.

BACKGROUND and SITE HISTORY:

As per the Assessor's information, the thirty five (35) acres is part of a forty six (46) acre parcel
listed as Pt Lot 2 Bee Creek Apartments. The property will be served by Public Water District #3
and sewer will be provided by Branson Public Works Department.

The current application was approved for Concept July 24, 2017.

The project received a total score of 10 on the Policy Checklist.

1
REVIEW and GENERAL DESCRIPTION:

The nightly rental community will be held in condo style ownership and each home will be
between five (5) and eight (8) bedrooms. The proposed project will have the following included:
Private Development, indoor pool, resort style outdoor pool and beach/deck area, commu nity
area with restrooms, various outdoor activities, picnic area, walking trail and green space.

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 (30)
calendar days, counting portions of days as full days".

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 and one (1) off-street parking space shall be provided for each two (2) persons o f
occupancy in a Nightly Rental."

STAFF RECOMMENDATIONS:

If the Taney County Planning Commission approves Division III Permit #2017-029, 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 letter from the Western Taney County Fire Protection District.

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

4. This Decision is subject to all existing easements.

5. Each condo residence shall accommodate (sleep) no more than the maximum
occupancy, "The maximum occupancy for a nightly rental shall be 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.

2
6. Compliance with the provisions the Taney County Development Guidance Code and the
Taney County Road Standards that include plans for the following:
a. Sediment and Erosion Control Plan (Appendix H, Item 4)
b. Stormwater Management ( Appendix H, Item 5)
c. Land Grading Permit for all non-agricultural land disturbances of ove r one
(1) acre (Appendix F)
d. Utility easements and building line setbacks (Table 1)
e. Improvements with scale of building, streets, onsite parking and utilities
(Appendix J)

7. The current contact information for each condo shall be posted on the property and on
file in the Taney County Planning office.

8. Total condo style ownership dwellings will be 65 with five (5) to eight (8) bedrooms each
dwelling.

9. A Decision of Record shall be filed with the Taney County Recorder of Deeds Office
within 120 days or the approval shall expire (Appendix D, Step 6)

3
Kings Ridge

Intentionally Designed - Vacation Nightly Rental Community - With Declaration o f
Condominium

Kings Ridge has been in the planning stages for m any months, and w e are proud t o
present our concept o f the only intentionally designed vacation rental only
community in the Midwest, for vacation nightly rental owners, by vacation nightly
rental owners.

Kings Ridge, is seeking a Division III permit, under the Taney County guidance c o d e ,
as vacation nightly rental only com munity in the Branson, Missouri, just North o f th e
Branson city limit o ff Bee Creek road to Stinger Road. This proposed 35 acre area
will include:
> 65 dwellings, betw een 5 and 8 bedroom s, in this condom inium d evelopm ent,
designed with a vacationing family in mind.
> Private developm ent
> Indoor pool
> Resort style outdoor pool and b ea ch /d eck area
> Community area with restroom s
> Various ou td oor activities
> Picnic areas
> Walking trail
> Green space, and more.

The developers have done initial evaluation that this acreage can be serviced, and
will w ork with the developer and engineers including:

> PWSD-3 for w ater that includes a12 inch w ater line that enters the property
on the south w est part o f theproperty as w ell as a 8 inch water service
available o ff Bee Creek Road.

> City o f Branson Sewer, with connection options including the lift station on
the northeast part o f the property, or connection on the east side adjacent to
Stinger road and partially on our property.

> Empire District Electric, which services the property.

> to letter o f capacity from Kendall Powell.

> Storm w ater management officials, to m eet state standards, and to determ ine
w hether on not there is a necessity for storm sew er piping or retention.

> Stinger road - Steve Babbett at Tri Lakes Title is underwriting this road
access w ith a title policy, o f which gives us confidence that it is for public use.
> Western Taney County Fire Protection requirements, including fire
protection sprinklers, extinguishers, and C02 detectors.

Kings Ridge will develop our area as vacation nightly rentals under the guidance
cod e of Taney County, including:

Maximum occupancy requirements o f two people per bedroom plus two additional
people per dwelling.

Proper parking requirements

Designated trash/disposal area

Lighting & Safety

Fire District Compliance

Missouri Dept Of Revenue Compliance
BEE CREEK APARTMENTS
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Parcel
Parcel ID 08-5.0-21-000-002-012.000
Property Address
Tax Code 4CWX
Sec/Twp/Rng 21/23/21
Brief Tax Description BEE CREEK APARTMENTS BEE CREEK APARTM ENTS PT LT 2
(Note: Not to be used on legal documents)
School District Branson
Fire District Western
City N/A
Deed Book/Page/Date 2015-18527 (2015-04-17)

Owner
VACATION WORLD
245 S WILDWOOD DR
BRANSON, MO 65616

Land
Lot Dimensions
Lot Area 46.000 Acres

Valuation
Improvements Land Total Assessed Total
Agricultural $0.00 $0.00 $0.00 $0.00
Commercial $0.00 $0.00 $0.00 $0.00
Residential $0.00 $61,184.00 $61,184.00 $11,620.00
Total $11,620.00

No data available for the following modules: Improvements.

Taney County makes no warranties, expressed or implied, as to the use of the data.
ft*
Last Data Upload: 8/1/2017 10:34:17 PM Schneider
Developed by
The Schneider
Corporation
TANEY COUNTY PLANNING COMMISSION
D IV IS IO N I I I SP E C IA L-U SE PER M IT - D E C IS IO N O F RECO RD
PR O JECT: 2581 JO N E S ROAD VACA TIO N REN TAL
A P PLICA N TS: ESTA TE O F PAMELA H ALL - M ICHAEL M CLANE (PERSO N A L
REPRESEN TA TIV E)
R EPR ESEN TA TIV ES: W ILLIAM & LIN D A N IC H O LS
M ARCH 21, 2016
PERM IT# 2016-0001

On March 21, 2016 the Taney County Planning Commission (grantor) approved a
Division III Special-Use Permit request by Pamela Hall (grantee) (represented by
William & Linda Nichols) authorizing the utilization of the existing, five (5) bedroom,
single-family residence, located at 2581 Jones Road, Ridgedale, MO, for nightly rental.
In accordance with this approval, Division III Special-Use Permit #2016-0001 is issued
for the property located at the legal description below:

situated in the SE1/4 of Section 23, Itownship 21 North,
s ' TaneV County, Missouri being more particularly described
Beginning at the Southeast com er o f said SE1/4; thence
7 ^ V r. along the South line o f said SE1/4, 532.00 fe e t fo r a new
bf g l rCln^' t,,ence continue N87°53'21 "W, along said South lin e ,
feet,- thence N1 ° 19113"E, 681.80 fe e t to a point on the Southerly
right-of-w ay lin e o f an e xistin g road; .hence along said righ t-of-w ay
lin e as fo llo w s: S89°42' 00"E, 21.19 fe e t ; thence along a 8.1502 degree
76.03 fe e t (said curve having a radius o f 703.05 f e e t ) ;
thence N04 06 11 E, 104.90 fe e t; thence along a 3.0412 degree curve to
feet (snld curVQ having a radius or 1084.1u t e e t ) ; thence
e a , ' 30.99 fe e t; thence along a 4.9535 degree curve to the r ig h t
i n n, 5 ‘ sald r-urve having a radLus of 1156.75 te e t); thence N 83°3I111"E,
10,91 fe e t; thence along a 2.5104 degree curve to the l e f t , 106.16 fe e t
(said curve having a radius o f 2282.49 f e e t ) ; thence S1019'13"W (leaving
said righ t-of-w ay lin e ), 781.11 fe e t to the new point of beginning.
SU B JEC T TO EASEM ENTS AND R ES TR ICTIO N S OF RECORD, IF ANY. --------
The following Decision of Record details this approval and lists all applicable conditions:

William & Linda Nichols are authorized to utilize the existing, five (5) bedroom, single­
family residence, located at 2581 Jones Road, Ridgedale, MO, for nightly rental (Parcel
# 19-6.0-23-000-000-020.000). With all nine (9) Planning Commissioners present, the
Planning Commission approved Division III Special-Use Permit # 2016-0001 by
unanimous vote.

The following conditions shall be complied with:

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. In the event that the on-site wastewater treatment system begins to surface,
showing signs of failure, the property owner shall either repair or replace said
system ensuring capacity for the total number of people that may be
accommodated via mghtly rental.

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

6. This decision is subject to all existing easements.

7. This residence shall accommodate (sleep) no more than twelve (12) persons per
night. The total occupancy may be further limited based upon the provisions of
the Western Taney County Fire Protection District requirements and regulations.

8. The 2581 Jones Road 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 for or
with any future land-use change applications.

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).
In sig n in g th is D ecision o f Record, I understand that any breach in the te rm s
o f the D ivision I I I Special-U se Perm it D ecision o f R ecord w iii re su lt in th e
revocation o f th is perm it. I fu rth er agree to abide b y and com ply w ith a r j o f
the requirem ents o f the Taney County Planning Com m ission and the Ta n ey
County D evelopm ent Guidance Code.

Signature:________________________
William Nichols, Representative

As the Designated official for the Taney County Planning Commission, I hereby issue
the foregoing document as the Permit and Decision of Record as detailed above.

S.S On th is_______ day o f _____________ , 2016
COUNTY OF TANEY )

Before me personally appeared Bob Atchley and William Nichols to me known to be the
persons described in and who executed the foregoing instrument.

In testimony whereof, I have hereunto set my hand and affixed my official seal, at my
office in Forsyth, Missouri the day and year first above written. My term of office as a
Notary Public will expire on February 6, 2018.

Bonita Kissee-Soutee, Notary Public
Scott Starrett

From: Ray Vorbeck [ray.vorbeck@gmail.com]
Sent: Monday, August 07, 2017 11:12 AM
To: P&Z
Cc: Scott Starrett
Subject: Attention All Commissioners

My name is Ray Vorbeck. My wife and I own a home in the Fieldstone section o f Branson
Creek. We have lived in this home for over 6 years. Prior to that we lived in a condo at
Branson Landing.

We are concerned about the degradation of our neighborhood and the encroachment of
daily rental homes. The folks who rent homes may be wonderful folks but the traffic they
entice are not familiar with our neighborhood and they are creating problems including
safety of our residents, overcrowding of homes, far beyond the design capability of the
home, infrastructure overload and a general lackadaisical attitude toward appearance.

The picture below is our home. Last month we spent $156 on water. Much of that is lawn
maintenance. I’m not complaining. We want our home to look nice and we owe that to
the neighborhood as well.

The picture below is the front then the same shot of the house across the street. Note
laundry hanging from the wrought iron gate? The same goes for the rear of the house.
Wet bathing clothes and towels fly like banners. This creates a trashy appearance that
does not speak well for our homes—

Notice the lawn of the house. Burned up both front and side. They must be saving money
by cutting back on their watering!

Our small pool is frequently overcrowded which is both a safety and health issue. Not to
mention using the fence as a clothes rack.

The overcrowding of these rentals must also be a safety an fire risk.

Nightly rentals are causing home values to drop precipitously.

We are not complainers or campaigners. We’re just folks who want to live safely in a
neighborhood where we know the neighbors and they us. We are a community. These
nightly rentals have turned our pleasant neighborhood into an area that is not a
compelling area to live, raise kids or retire.

Please consider rescinding all nightly rentals and return us our neighborhood. Please do
not allow any more of these outsiders to buy homes below market value and then rent
them to who knows whom?
If you doubt the veracity of any of this or if you’ve not had an opportunity to v isit our once
beautiful neighborhood, we would be happy to host all of the commissioners and.
interested parties to a coffee and tour of Fieldstone. Let me know & I’ll make th e
arrangements.

Thank you for your attention and your service to all the communities of Taney County.

P&Z Public Meeting Packet

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