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 3 8 3 • Forsyth, M issouri 6 5 6 5 3
Phone: 417 546-7225 / 7226 • F ax:417546-6861
website: wwm tcmeycounty. org

AGENDA
TANEY COUNTY PLANNING COMMISSION
CONCEPT AND PUBLIC HEARING
TUESDAY, OCTOBER 10, 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
Concepts
17-23 Bender Retirement Home
17-30 1345 Oakwood Dr Nightly Rental
17-31 Parksley Nightly Rentals
17-32 177 Kings Way Nightly Rental/Kutch Trust
17-33 Cox Vacation Rental
17-34 Iowa Colony Nightly Rental
17-35 Forsyth Senior Event Center
17-36 Timberlake Nightly Rentals
Public Hearing:
17-23 Bender Retirement Home
17-30 1345 Oakwood Dr Nightly Rental
17-31 Parksley Nightly Rentals
17-32 177 Kings Way Nightly Rental/Kutch Trust
17-33 Cox Vacation Rental
17-34 Iowa Colony Nightly Rental
17-35 Forsyth Senior Event Center
17-36 Timberlake Nightly Rentals
17-04A 226 Stoney Pointe Dr/Buffering Requirement
Amendments to Appendix E, Special Use section of the Taney County Guidance Code

Old and New Business:

Adjournment

Copies of this notice may be obtained by contacting the Planning Office at the above address and phone number.
Posted: 10/03/2017 By: MP Tim e: 10:00 am
Posted A t: 132 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 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. B ox 3 8 3 * Forsyth, Missouri 6 5 6 5 3
COUNTY Phone: 417 546-7225 / 7226 ® Fax: 4 1 7 546-6861
website: www.taneycounty,org
I 7 ~~

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?^

NAME OF PROJECT: F ) £ a RinRttnUnr fjcmz M

NAME OF APPLICANT: /jtiKdcb / t Eh
{Must be owner o f record)

SIGNATURE: 'B -t'yJL-__________ DATE: 7_
(Must be owner o f record)

MAILING ADDRESS: 23&1 S. /J$ TfJ S t , id ^ r / L .j L d l 7

TELEPHONE: £/7 - 7 9- l9 8 £ EMAIL: i h e U h J e ^ 1 9 s U y ic L i .nst

Representative Information

NAME OF REPRESENTATIVE: S fcif - _____________

MAILING ADDRESS (rep.):

TELEPHONE NUMBER (rep.):

CiOJ^CsLfA - - 7 - -7 J h— -FFf h-
- /L=
m -■ •
Revised 01/01/2010
l..../ 7
 Property Information

ACCESS TO PROPERTY (street # and name): ^ 'S ^Apffy /'Ic i L C iJ Jv)

Number of Acres (or sq. ft. of lot size): /» ^ -5 d c z e * _______________

PARCEL # : / 9 ' Z ,o - c 3 - o o 3 - ~ c c /- oo4. coo______________________________
(Parcel # MUST be on permit. Example: 00-0.0-00-000-000-000.000. This number is on top left hand com er of
property tax statement If you have not paid taxes on property, must have name of previous owner of property.)

SECTION: 3 TOWNSHIP: Zzl RANGE: 2^

NAME OF SUBDIVISION (if applicable): ______________

Lot # (if applicable^ * 1 7 ________ BLOCK # ____________________________

WITHIN 600' FROM TH IS 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 JS Private Well
□Central: District # _____________

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

TH IS REQUEST FALLS INTO ONE OR MORE OF THE FOLLOWING
CATEGORIES:

Residential □ Multi-Family □ Commercial □ Industrial
]8 Special Use □ Other - Explain:______________________

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

Of T M fc k o T p koppCE To /p u i l o 4 4 l x - &£i>Rce*

____ f~i\i ~ (jAT'/Jfioc. /v’> R /?£/n£s\j-j~ /-)osni_ u ]; th /<-/Art & €P n s
i
_______ ^ 9 -V ^ p >R c p ,»>i f (y A c, , Q u Js Jfc !Z c. ,4 P £ - ^ i .aI fcL A C,f> £ € l A <—

_____ p c £ ff1 ) t '7V> fsEfJ-r '//*<-<<•£. A i. A )//> c* £ r 't a O ^

______/3-of£ u)(>lLi^Ly- 0 A Si iSt CVout-'b & £ E kL

Tc R (raJ OjJ L.y Pg> QuALtt-y K£^TfjZS ^ \ A c . » rv oa/LX i______

(ffii^ntj. ^ CoLfLti 3c(j.>sitsS (j>P’0CAj><. f r c . } , Jrij CPouP*

_________u 3 o t; c i> f ? £. f'E-C)ct i £ € C> T o ,4 / ? £ SPc>*j.ii S <-£— P >£ fi'£ o j'^ __________

£) yl e Z ^ y (_.')/)5 y^<j £. QcO/JiVi Hop <LTo !3aij_r> j~rtL
^ 5 u /n ,n ~ fA^L- ^ G / > # : /Pu'MS'

___ Jl£. /aJ "T~rtii /~lo<-iS£ /rJ J*v.O/(q .________________________

Revised 12/19/03
 515 Happy Hollow Rd. - A Vacation Rental Home
Concept Hearing
Taney County Planning Commission
October 10, 2017

Two Story Lakehouse with Walkout Basement
• Six Bedrooms - Five Bathrooms (approx. 3700 square feet)
• Great room, Family room, Loft area, Dining room, Kitchen, Breakfast nook
• Parking for seven vehicles (six up by house with one or two overflow below)
• NFPA 13D Sprinkler System for fire suppression
• Well-water with treatment system
• Septic System to Taney County specifications (soil test already taken)
• Propane system for heating and cooking
• Property to be gated for security with external cameras
• Property located at the end of Happy Hollow Rd. (right before it turns into
Longshore Dr.); it should make a minimal impact on traffic flow.
• Property intended to become the Bender’s retirement home in about nine years

Renters Desired
• Vacationers
• Family Reunions
• Couples
• Church Groups
• No teenagers or early 20’s; a “responsible party” 25 years old or older will be
required to sign rental contract

Previous Experience
• Owned and managed a nightly rental in Branson Canyon, 2011-2016
• Five star ratings from renters
• No incidents that caused concerns for neighbors

Tentative Timeline
• Seeking approval from Taney county Planning Commission - October, 2017
• Plans put out for bid - January, 2018
• Decide on contractor - March, 2018
• Groundbreaking - June/July, 2018
• Completion - Winter, 2019
• Open for rental - March, 2019
(w Bender Retirement Home Nightly Rental wl h
TANEY Taney County Planning Commission
COUNTY Division III Special Use Permit
Staff Report

HEARING DATE: October 10, 2017

CASE NUMBER: 2017-023

PROJECT: Bender Retirement Home Nightly Rental

APPLICANTS: Harold Bender

LOCATION: The subject property is located at 515 Happy Hollow Rd, Blue Eye,
Missouri, Oliver Township, Section 03, Township 21, Range 22.

REQUEST:

The applicant, Harold Bender is seeking Planning Commission approval of a Division III Special
Use Permit allowing for the nightly rental use for a six bedroom single fam ily home to be built,
located at 515 Happy Hollow Road, Blue Eye, Missouri.

BACKGROUND and SITE HISTORY:

Per the Assessor's information the lot (lot #17), is located in the Williams Point subdivision. The
lot is approximately 1.25 acres. The applicant is planning to build a six (6) bedroom single fam ily
home. The property will be served by a private well and an onsite waste w ater system.

The lot to the south currently has a waste w ater plant located on it for the future development
of the lot. The property to the west is in Stone County and appears to be vacant. The east
property line borders Happy Hollow Road and Table Rock Lake.

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 six (6) bedroom home would have a maximum occupancy of fourteen
(14) occupants.

1
Per the nightly rental provisions of the Development Guidance Code, "One (1) off-street p arkin g
space shall be provided for each two (2) persons of occupancy in a Nightly Rental." T h e re fo re , a
total of seven (7) parking spaces will be required.

The Taney County Development Guidance Code defines nightly rental as "A residential bu ilding,
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 project received a total score of 4 on the Policy Checklist.

STAFF RECOMMENDATIONS:

If the Taney County Planning Commission approves Division III Special Use Permit #2017-023,
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 Bender Retirement Home Nightly Rental Special-Use permit is specific to the
representative to whom the permit is issued and, as applicable, is specific to an
approved development plan and cannot be transferred without Planning Commission
approval. (Appendix E, 3.1)

3. The permit does not constitute a land use change and is not, therefore tied to the
property; that is, it does not transfer as part of property sale or ownership change.
(Appendix E, 3.2)

4. The property w here a Special-Use permit is granted shall not be used to establish
commercial compatibility for or with any future land-use change applications. (Appendix
E, 3.3)

5. If the conditions and restrictions of a Special-Use permit are not complied with, the
permit can be revoked by administrative decision. If the permit has been revoked, it can
be re-instated only by the Planning Commission through the Division III process.
(Appendix E, 3.4)

2
6. If the Special-Use permit is not executed within a one-year period from the date o'F the
approval or is discontinued for a period of one year or greater, it shall be considered
abandoned and no longer executable. (Appendix E, 3.5)

7. Compliance letter from the Western Taney County Fire Protection District.

8. The Bender Retirement Home Nightly Rental shall accommodate (sleep) no more th a n
fourteen (14) persons. The total occupancy may be further limited based upon the
provisions of the W estern Taney County Fire Protection District requirements and
regulations. (Appendix E, 4.7.1)

9. One (1) off-street parking space shall be provided for each two (2) persons of occu pancy
in a nightly rental. Thus a total of seven (7) parking spaces will be required. Inab ility to
provide the required off-street parking will reduce the permitted occupancy. N ightly
rental occupant vehicles are to be parked on the residence property or in an o verflo w
parking area, if available, and not on a roadside. (Appendix E, 4.7.2)

10. The management company or a waste collection provider shall provide weekly solid
waste collection during all months that the nightly rental is available for rent. (Appendix
E, 4.7.3)

11. The Bender Retirement Home Nightly Rental shall contain a minimum of one operable
fire extinguisher, operable smoke alarms and operable carbon monoxide alarms in
compliance with the local fire district regulations, where applicable. (Appendix E, 4 .7 .5 )

12. A Certificate of Compliance (C of C) must be issued for each Nightly Rental Special Use
Permit certifying that the structure or use is in compliance with all applicable Taney
County Development Guidance Code provisions and all permit requirements. (Appendix
E, 4.7.6)

13. A valid Missouri Department of Revenue Sales Tax License or sale tax number shall be
provided to the Planning Department prior to the issuance of a Certificate of
Compliance (Appendix E, 4.7.7)

14. The Bender Retirem ent Home Nightly Rental shall have the following posted within five
(5) feet of the main entrance of the dwelling unit, both on the inside and on the outside.
a. The name and telephone number of the local representative.
b. The name and address of the owner.

3
 c. The contact information for the Planning Department and Taney County S h e riff's
Department
d. The maximum occupancy permitted.
e. The name and telephone number of all local emergency personnel (police, fire and
medical personnel).
f. The number of off street parking spaces provided on the property, and the
maximum number of nightly rental occupant vehicles allowed to be parked on the
property.
g. The solid waste disposal collection day if provided by a solid waste company.
(Appendix E, 4.7.8)

15. The ow ner of the property shall designate a "Local Representative". The local
representative shall be available on a twenty-four (24) hour basis, seven days per w e e k.
The local representative may be the owner, a property management company, agent,
designee or other person employed, authorize or engaged by the owner to manage,
rent or supervise the nightly rental. The local representative shall maintain a residence
or permanent place of business within either Taney County or the Counties adjoining
Taney County and shall be available on a twenty-four (24) hour basis, seven (7) days per
w eek. (Appendix E, 4.7.10)
a. Change Local Representative. The local representative may be changed by the
ow ner from time to time throughout the term of the permit, by the owner filing a
revised permit application that includes the name, address and telephone num ber
o f the new local representative. Failure to notify the County of a change in the local
representative constitutes a Violation pursuant to Section 3.10 and may also lead to
the revocation of the Special Use Permit.
b. Complaints. The local representative must be authorized by the ow ner to respond to
questions or concerns from the occupants or neighbors. The local representative
shall serve as the initial contact person if there are questions or complaints
regarding the operation of the property as a nightly rental. The local representative
must respond to those complaints in a tim ely manner to ensure that the use of the
property complies with the standards for nightly rental occupancy, as well as other
pertinent County code requirements pertaining to noise, disturbances, or nuisances,
as well as State law pertaining to the consumption of alcohol, or the use of illegal
drugs.
c. Availability. If the Taney County Sheriff's Department is not able to contact the local
representative in a tim ely manner twice during a twelve month period, this shall be
considered a Violation pursuant to Section 3.10 and may also lead to revocation of
the Special Use Permit.

4
16. A buffer shall be established between any structure utilized for nightly rental and a n y
existing residential land use, meeting the requirem ents of Appendix H, Section 6
(Technical Plans). (Appendix E, 4.7.11)

17. Taney County assumes no responsibility for the operation of the site and owner
covenants and agrees to hold Taney County harmless for any injury or damage wh ich
may occur, of w hatever type or nature, as the result of the operation of the nightly
rental. The owner shall maintain appropriate liability insurance for the nightly re n ta l.
(Appendix E, 4.7.16)

18. A Division II permit will be required before construction begins.

19. This decision is subject to all existing easements.

20. 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)

5
 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 3 8 3 ° Forsyth, Missouri 6 5 6 5 3
COUNTY Photic: 417 5 4 6 -7 2 2 5 / 7226 ° Fax: 4 1 7 546-6S61
website: www.tnneycoimty.orci

APPLICATION FOR CONCEPT I7S O
DIVISION I I I
TAS^EY 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.

NAME OF PROJECT: O W OQb T X . ________________________________

NAME OF APPLICANT: ffoftQgf * _____________
(Must be owner o f record)

SIGNATURE: __________DATE: 7 A v V / ? -
------------(MUsfbe mmer o f record)

MAILING ADDRESS: ! 4 S lc> ! <23^^ O r- f c S>
Co(pQ& ^

TELEPHONE EMUMBER: 9 / 3 ' Z &8 ~9-________________________

Representative Information be present s*if c

NAME OF REPRESENTATIVE: _________________________

MAILIMG ADDRESS frep.l:/ O I 3 - U a^sb* C)r . L .a O rtn c < . K S ^

TELEPHONE MUMBER (rep.): 9 /3 -<P5/ - 6 / 77__________________

C o m f it ~

P A *
f( -
 Property Information

ACCESS TO PROPERTY (street # and name): /3 / j T Q ACLc*jo<7&

Jh m L (Jvtlcsfrf ________ ______ 0 / Tma J5iPv^)
Number of Acres (or sq. ft. of lot siz e ):_____________________________________

PARCEL # : / ? - I -0 - O ^ -p o ! - O O P ___________
(Parcel # MUST be on permit Example: 00-0.0-00-000-000-000.000. This number is on top left hand com er of
property tax statement. If you have not paid taxes on property, must have name of previous owner of property.)

SECTION: p, TOWNSHIP: A ( RANGE: 3 ^
A j o m o c j T ^ L fi&UKL.
NAME OF SUBDIVISION (if applicable): O ak^ n T frki .

Lot # (if applicable^ 11_ < 12.________ 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? [W es □ No

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

^Kkesidential □ Multi-Family □ Commercial □ Industrial
^Special Use □ Other - Explain:_____________________

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

Revised 12/19/03
 Marla Pierce

From: Robert Schuck [rschuckdc@gmail.com]
Sent: Tuesday, August 08, 2017 9:34 AM
To: Marla Pierce
Subject: Re: description of proposed project
Attachments: 1345 Oakwood Floor Plan.pdf

Marla,

Here is a floor plan. There are 5 official bedrooms.

I will be sending a parking plan as well. Please let me know if you need anything additional.

Rob

On Mon, Aug 7,2017 at 1:58 PM, Marla Pierce <MarlaP@co.taney.mo.us> wrote:

Hi Rob, thanks for sending the description, how many bedrooms are in the residence?

From: Robert R Schuck, DC rrnailto:rschuckdc(5)amail.com1
Sent: Monday, August 07, 2017 1:57 PM
To: Marla Pierce
Subject: Re: description of proposed project

Marla,

I am sorry, the application was a little redundant and confusing to me after I printed it. I don't know if the the
pages were mixed up after printing or if the application served more than one purpose and I didn't think that
certain portions applied.

We, the owners of 1345 Oakwood Dr, Hollister MO are seeking permission through the special use permit
process to allow nightly renters in our home. We intend to provide information necessary to become compliant
with Taney county and the Western Taney county fire in order to be granted legal permission to do so.

Please let me know if this will suffice.

Robert R Schuck, DC / CEO

Midwest Chiropractic Center
l
 Marla Pierce

From: Robert Schuck [rschuckdc@gmail.com]
Sent: Tuesday, August 08, 2017 9:36 AM
To: Marla Pierce
Subject: Re: description of proposed project
Attachments: 1345 Oakwood Dr.-Available Parking.pdf

Marla,

Here is the parking availability at 1345 Oakwood. I believe that there are 9 parking spaces.

Rob

On Tue, Aug 8, 2017 at 9:33 AM, Robert Schuck <rschuckdc@,email.com> wrote:
Marla,

Here is a floor plan. There are 5 official bedrooms.

I will be sending a parking plan as well. Please let me know if you need anything additional.

Rob

On Mon, Aug 7, 2017 at 1:58 PM, Marla Pierce <MarlaP@co.taney.mo.us> wrote:

Hi Rob, thanks for sending the description, how many bedrooms are in the residence?

From: Robert R Schuck, DC fmailto:rschuckdc@Qmail.com]
Sent: Monday, August 07, 2017 1:57 PM
To: Marla Pierce
Subject: Re: description of proposed project

Marla,

I am sorry, the application was a little redundant and confusing to me after I printed it. I don't know if the the
pages were mixed up after printing or if the application served more than one purpose and I didn't think that
certain portions applied.

We, the owners of 1345 Oakwood Dr, Hollister MO are seeking permission through the special use permit
process to allow nightly renters in our home. We intend to provide information necessary to become compliant
with Taney county and the Western Taney county fire in order to be granted legal permission to do so.

l
 d B e a c o n Taney County, MO
Overview

Legend
□ Parcels
Roads
Lakes
0 Corporate Limits

Parcel ID 19-1.0-02-003-001-074.000 Alternate ID n/a Owner Address SC H U C K ROBERT R&MEGHAN A
Sec/Twp/Rng 2-21-22 Class n/a 14561234TH ST
Property Address 1345 OAKW OOD DR Acreage n/a TONGANOXIE KS 66086-
District 5CWX
Brief Tax Description OAKWOOD ACRES O N T H ELA K E-A M D PLAT OAKWOOD ACRES ON THE LAKE- AMD PLATLTS 11& 12
(Note: Not to be used on legal documents)

Date created: 8/2/2017
Last Data Uploaded: 8/1/201710:34:17 PM -PaiZt^v€^'4pi2-- 1 3 ^ 5

Schneider "*~^e Schneider Corporation / v
Comments:

• AREA CALCULATIONS-SUMMARY . • LIVING AREA BREAKDOWN
Code Description . 'NotSlze Net Totals • '• Breakdown Subtotals
G IA 1 M ain L o v o l 2 5 7 4 .8 2 5 7 4 .8 M ain L e v a l
BSMT B asem en t 2 5 7 4 .8 2 5 7 4 .8 0 .5 x 4 .5 X 6 .0 1 3 .5
P /P Cvd Dock 3 2 6 .5 1 3 .0 X 4 7 .5 6 1 7 .5
Cvd P o r c h 2 6 4 .0 9 .0 X 4 5 .5 4 0 9 .5
Cvd E n t r y 5 6 .3 6 4 6 .8 2 .0 X 2 1 .5 4 3 .0
GAR G arag o 1 0 7 1 .0 1 0 7 1 .0 4 .0 X 3 3 .5 1 3 4 .0
1 1 .5 X 2 8 .5 3 2 7 .8
2 5 .5 X 2 6 .0 6 6 3 .0
7 .0 X 1 0 .5 7 3 .5
0 .5 x 3 .0 X 3 .0 4 .5
3 .0 X 1 4 .5 4 3 .5
1 4 .0 X 1 7 .5 2 4 5 .0

Net LIVABLE Area (Rounded) 2575 11 Items (Rounded) 2575

Form SKT.BWSkl — ‘WlnTOTAL" appraisal software by a la mode. Inc. — 1-800-ALAM0DE
 ^ B e a c o n Taney County, MO

Overview

Legend
I I Parcels
Roads
; 1 Lakes
□ Corporate Limits

ParceMD 19-1.0-02-003-001-074.000 Alternate ID n/a Owner Address SCHUCK ROBERT R & MEGHAN A
Sec/Twp/Rng 2-21-22 Class n/a 14561234TH ST
Property Address 1345 OAKWOOD DR Acreage n/a TONGANOXIE KS 66086-
District 5CWX
Brief Tax Description OAKWOODACRESONTHELAKE-AMDPLATOAKWOODACRESONTHELAKE-AMDPLATLTS 11 & 12
(Note: Not to be used on lega I documents)

Date created: 10/3/2017
Last Data Uploaded: 10/2/2017 10:10.13 PM

Developed by
ocnrwjoef The Schneider Corporation

5 - %l Ag k X O oaJ V t > i c £

C - E x tfy rx d t. T G -te s fc * - ? fc * V A C S

*■ & C O A lO f c H
 \ T a n e y C o u n t y P l a n n i n g C o m m i s s io n
I ; P. O. Box 3 8 3 ° Forsyth, Missouri 6 5 6 5 3
\ COUNTY Phone: 417 546-7225 / 7226 o F ax:417546-6861
X "'--______ ivcbsitc: wvm.tancycounty.org

DIVISION III PERMIT
APPLICATION/AFFIDAVIT
TANEY COUNTY PLANNING COMMISSION
Applicants Name: *RofolSfcf aW S"^VW4<Phone: -Z ^ S > ~ S £ >
Project Name (if applicable): OAV^vaJoQp P<L .______________
Mailing Address: OAA^Woofc ~QL., \-^D\\.iS'fev~,^C>_______
Description ofRequest: iXse.
Required Submittals:

Typewritten Legal Description of Property involved in the request
I I Postage for notifying property owners within 600 feet of the request (jr-o,V^v' 7
□ , Proof o f Public Notification in a Newspaper of County-wide Circulation C L°~ ?
Proof of Ownership or approval to proceed with request by the owner
Sketch Plan of the project which completely demonstrates request
Concept hearing conducted (date) I S O__________________

All plans subject to Planning Commission approval must be submitted with
this application; including but not limited to: sketch/site plan, stormwater
management plan, sediment and erosion control plan, wastewater disposal
plan, revegetation and planting materials plan, and preliminary plats. It is
also the applicant’s responsibility to supply the Planning Commission with
any other information required for completion o f the relative and absolute
policy checklists as required by the Taney County Development Guidance
Code.

In signing this application I understand that if the information given is
not true, my application may not be accepted or approved and that my
permit may be revoked.

7 //y /y 7-
pp 1icant'^Signature Date of Application
 Taney County Planning Commission
COUNTY Division III Special Use Permit
Staff Report

HEARING DATE: October 10, 2017

CASE NUMBER: 2017-030

PROJECT: 1345 Oakwood Drive Nightly Rental

APPLICANTS: Robert Schuck

REPRESENATIVE: Ben Robbins

LOCATION: The subject property is located at 1345 Oakwood Drive, Hollister,
Missouri, Oliver Township, Section 02, Township 21, Range 22.

REQUEST:

The applicant, Robert Schuck, represented by Ben Robbins, is seeking Planning Commission
approval of a Division III Special Use Permit allowing nightly rental use of the existing single
fam ily residence, located at 1345 Oakwood Drive, Hollister, Missouri.

BACKGROUND and SITE HISTORY:

Per the Assessor's information the single fam ily residence has five (5) bedrooms, includes tw o
(2) two car garages, and is built on lots 11 and 12, located in the Oakwood Acres on the Lake
subdivision and was constructed in 2005. The property is approximately .38 acres in size. The
property is served by a private well and an onsite waste w ater system.

The lots to the south, w est and east are currently residential lots with single fam ily homes.
The property to the north is the Table Rock Lake take line.

1
Per the nightly rental provisions of the Taney County Development Guidance Code, "The
maximum occupancy for a nightly rental shall be two (2) persons per dwelling unit, plus t w o (2)
persons per bedroom". Therefore, the five (5) bedroom home would have a maximum
occupancy of tw elve (12) occupants, and one (1) off-street parking space shall be provided for
each two (2) person of occupancy in a nightly rental." Therefore a total of six (6) parking spaces
will be required.

The project received a total score o f -5 on the Policy Checklist.

STAFF RECOMMENDATIONS:

If the Taney County Planning Commission approves Division III Special Use Permit #2017-030,
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 1345 Oakwood Drive Nightly Rental Special-Use permit is specific to the
representative to whom the permit is issued and, as applicable, is specific to an
approved development plan and cannot be transferred without Planning Commission
approval. (Appendix E, 3.1)

3. The permit does not constitute a land use change and is not, therefore tied to the
property; that is, it does not transfer as part of property sale or ownership change.
(Appendix E, 3.2)

4. The property w here a Special-Use permit is granted shall not be used to establish
commercial compatibility for or with any future land-use change applications. (Appendix
E, 3.3)

5. If the conditions and restrictions of a Special-Use permit are not complied with, the
permit can be revoked by administrative decision. If the permit has been revoked, it can
be re-instated only by the Planning Commission through the Division III process.
(Appendix E, 3.4)

6. If the Special-Use permit is not executed within a one-year period from the date of the
approval or is discontinued for a period of one year or greater, it shall be considered
abandoned and no longer executable. (Appendix E, 3.5)

2
7. Compliance letter from the W estern Taney County Fire Protection District.

8. The 1345 Oakwood Drive Nightly Rental shall accommodate (sleep) no more than
tw elve (12) persons. The total occupancy may be further limited based upon the
provisions of the Western Taney County Fire Protection District requirements and
regulations. (Appendix E, 4.7.1)

9. One (1) off-street parking space shall be provided for each two (2) persons of occupancy
in a nightly rental. Thus a total of six (6) parking spaces will be required. Inability to
provide the required off-street parking will reduce the permitted occupancy. N ightly
rental occupant vehicles are to be parked on the residence property or in an o verflo w
parking area, if available, and not on a roadside. (Appendix E, 4.7.2)

10. The management company or a w aste collection provider shall provide weekly solid
waste collection during all months that the nightly rental is available for rent. (Appendix
E, 4.7.3)

11. The 1345 Oakwood Drive Nightly Rental shall contain a minimum of one operable fire
extinguisher, operable smoke alarms and operable carbon monoxide alarms in
compliance with the local fire district regulations, where applicable. (Appendix E, 4 .7 .5 )

12. A Certificate of Compliance (C of C) must be issued for each Nightly Rental Special Use
Permit certifying that the structure or use is in compliance with all applicable Taney
County Development Guidance Code provisions and all permit requirements. (Appendix
E, 4.7.6)

13. A valid Missouri Department of Revenue Sales Tax License or sale tax number shall be
provided to the Planning Department prior to the issuance of a Certificate of
Compliance (Appendix E, 4.7.7)

14. The 1345 Oakwood Drive Nightly Rental shall have the following posted within five (5)
feet of the main entrance of the dwelling unit, both on the inside and on the outside.
a. The name and telephone number of the local representative.
b. The name and address of the owner.
c. The contact information for the Planning Department and Taney County Sheriff's
Departm ent
d. The maximum occupancy permitted.

3
 e. The name and telephone number of all local emergency personnel (police, fire and
medical personnel).
f. The number of off street parking spaces provided on the property, and the
maximum number of nightly rental occupant vehicles allowed to be parked on the
property.
g. The solid waste disposal collection day if provided by a solid waste company.
(Appendix E, 4.7.8)

15. The owner of the property shall designate a "Local Representative". The local
representative shall be available on a twenty-four (24) hour basis, seven days per w e e k .
The local representative may be the owner, a property management company, ag ent,
designee or other person employed, authorize or engaged by the owner to m anage,
rent or supervise the nightly rental. The local representative shall maintain a residence
or permanent place of business within eitherTaney County o rth e Counties adjoining
Taney County and shall be available on a twenty-four (24) hour basis, seven (7) d ays per
week. (Appendix E, 4.7.10)
a. Change Local Representative. The local representative may be changed by the
owner from tim e to time throughout the term of the permit, by the owner filin g a
revised permit application that includes the name, address and telephone num ber
of the new local representative. Failure to notify the County of a change in the local
representative constitutes a Violation pursuant to Section 3.10 and may also lead to
the revocation of the Special Use Permit.
b. Complaints. The local representative must be authorized by the owner to respond to
questions or concerns from the occupants or neighbors. The local representative
shall serve as the initial contact person if there are questions or complaints
regarding the operation of the property as a nightly rental. The local representative
must respond to those complaints in a tim ely manner to ensure that the use o f the
property complies with the standards for nightly rental occupancy, as well as other
pertinent County code requirements pertaining to noise, disturbances, or nuisances,
as well as State law pertaining to the consumption of alcohol, or the use of illegal
drugs.
c. Availability. If the Taney County Sheriff's Department is not able to contact the local
representative in a tim ely manner twice during a tw elve month period, this shall be
considered a Violation pursuant to Section 3.10 and may also lead to revocation of
the Special Use Permit.

4
16. A buffer shall be established between any structure utilized for nightly rental and any
existing residential land use, meeting the requirements of Appendix H, Section 6
(Technical Plans). (Appendix E, 4.7.11)

17. Taney County assumes no responsibility for the operation of the site and owner
covenants and agrees to hold Taney County harmless for any injury or damage w h ich
may occur, of w hatever type or nature, as the result of the operation of the nightly
rental. The owner shall maintain appropriate liability insurance for the nightly ren ta l.
(Appendix E, 4.7.16)

18. This decision is subject to all existing easements.

19. 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)

5
Scott Starrett

From: Helen [hlande67@yahoo.com]
Sent: Sunday, October 01, 2017 5:31 PM
To: Scott Starrett
Subject: To register opposition to nightly rentals

Taney County Planning Commission
PO Box 383
Forsyth, MO 65653
To the commission:

This letter is to register my opposition to the nightly rentals at 1345 Oakwood
Drive, Hollister, MO.

The house was being rented nightly in 2016 without a permit. It's m y feeling
that nightly rentals are not appropriate for our residential neighborhood.
Many negative aspects are presented as threats to our security. We live in a
threatening world and fear for our safety in all areas of our lives. As a widow,
living alone, I fear for my safety and feel the nightly rentals would be a threat
to me personally.

Not only the above, but our streets are narrow and become congested when
numbers o f people rent a house due to numerous cars, boats, etc. this is a
safety concern. Those renters not usually paying attention to numerous
neighbors, of all ages, walking and the renters not honoring speed limits.
Nightly renters are on vacation, and most celebrate or party, by being loud into
all hours o f the night, showing a lack of respect with our neighbors. Then we
have the neighborhood dogs barking due to strangers coming and going
throughout the day and night.

There is also the issues o f overuse of septic systems, additional garbage with
bins running over and trash not being picked up for days.
Please deny the nightly rental permit for 1345 Oakwood Drive.
Respectfully submitted,
Helen Andersen
1189 Oakwood Drive
 Scott Starrett

From: Terry Woods [terrywoods@orkintoday.com]
Sent: Monday, October 02, 2017 4:29 PM
To: Scott Starrett
Cc: Susan Unger
Subject: Permit for nightly rentals at 1345 Oakwood Drive

Taney County Planning Commission,

My name is Terry Woods at 1261 Oakwood Dr Hollister MO 65672. I am writing you to oppose
granting a permit for nightly rental at 1345 Oakwood Dr.

I do not feel that nightly rentals are appropriate for this residential neighborhood. You have made
similar decisions on the Lemonwood Ln subdivision just last year, which is directly beside our
subdivision. They main concern I have is the increase traffic and security. We have already had 1
major theft at our home, and I feel the increase traffic would lead to more. Most of our surrounding
neighbors feel the same way.

I appreciate your consideration in this matter and request that the nightly rental permit fo r 1345
Oakwood Dr be denied. Feel free to reach out to me if I can be of any assistance.

Thank you,

T e rry W oods
636-942-1011 office
314-346-0303 cell

1
 October 2, 2017

Taney County Planning Commission
Taney County Courthouse
132 David Street
Forsyth, MO

Re: Public Hearing, October 10, 2017
Request by Robert Schuck for nightly rental at 1345 Oakwood Dr. Hollister, MO

Commissioner:

As the owners of the adjoining residential home to the west of 1345 Oakwood Dr., we would like
to provide input for your consideration in denying the permit for nightly rental. Our opposition is
based on personal experience during the summer of 2016 when Sunset Rentals did nightly
rentals on behalf of the Schuck’s.

The home on 1345 Oakwood Dr. was built within 8 feet from our property line and resides at the
end of a small shallow cove on table rock lake. There is no buffer zone keeping people that are
unfamiliar with the area from coming across our lawn to access the more open areas of the
lake. See the attached aerial view that shows the path’s taken across our property. There is a
shallow storm drainage area between the homes, that resides on our property. This area is dry
during the peak rental season and is shallow and easy to cross. See the second attachment of
the natural rock path between the two properties.

Our private boat dock has also been an attraction to the renters. We have had to tell renters
they could not park their boat there, or fish, or swim off the end, or drop off and pick up boat
loads of people with coolers and children. See circled area of Attachment 1.

Additionally, 1345 Oakwood Dr. has no street parking available in front of their home. The
narrow gravel road has the drainage ditch on the opposite side of the street keeping people
from parking across the street from their property. Overflow parking occurs in front of our home
and on our property. Our property has been used by the renters to park not only cars, but
trailers and boats. See highlighted areas in Attachment 1.

Our frustration with the nightly renters during 2016 was high. We were put in a position of
having to tell strangers that they could not use our property, boat dock or that they needed to
move their cars off of our lawn. The only property contact we had w as the father/father-in-law of
the Schuck’s. On numerous occasions we called to tell him that he needed to tell his renters
that our property was not included with the rental and that we could not take on the liability if
someone would get hurt. Unfortunately to get immediate action, we had to address the situation
ourselves. And for several weekends in a row we would experience the same thing. The
confrontation of renters who are partying, drinking and on vacation, puts us in an adversarial
and unsafe situation on our own property.

Not all residential properties are situated well to be a nightly rental, nor were they designed to
be. The original owners of 1345 Oakwood Dr. put up the biggest home they could on the
minimum required lots for this subdivision. They were planning on this being their life long
home until they ran into financial trouble. The design and use of this property due to parking, lot
 J

size, and noise level with close proximity to adjoining properties, does not make this a good
design for a nightly rental.

Thank you for your consideration in denying this permit.

David and Janis Hillhouse
1287 Oakwood Dr.
Hollister, MO 65672
 October 2, 2017

Taney County Planning Commission
PO Box 383
Forsyth, MO 65653

To the Commission,

This letter is sent to register opposition to the granting of a permit for nightly rentals at 1345 Oakwood
Drive, Hollister, MO.

This house was rented nightly in 2016 without a permit by Sunset Realty. Therefore we have experience
with the problems nightly rentals have on our neighborhood. We are grateful to the Planning & Zoning
administrator for stopping the practice then and ask that you disallow it from happening again.

Nightly rentals are not appropriate for this residential neighborhood. They present many negative
aspects and no positive ones for the neighbors. These include the following.

• Security-W ho knows who is renting the house? Anyone with the money, regardless of intent
could rent. A sex offender could be next door. Numerous cars coming and going leave the
neighbors with no way to recognize people with bad intentions.
• Parking - Oakwood is a narrow street and the house in question sits close to the street with
little parking. Folks renting this house in the past parked in the neighboring yards. Some had
boat trailers taking up the space of several cars.
• Noise - Folks on vacation are at the lake to have a good time. They party. They are loud and
have no reason to respect the neighbors. They go home and a new set of vacationers takes their
place. It is like the 4th of July all summer.
• Sanitation-The house in question is large. It was advertised in 2016 to accommodate 20
people. Even if the county standard does not allow that many people, there is no one on site to
prevent this much occupation. No septic system can stand up to that many people constantly
using it. The trash generated by large groups in the past filled 4 trash cans which have stood full
for days on some occasions.
• Safety & Liability-The house is lakefront but has no dock. Renters have used our dock without
permission on numerous occasions. This presents a safety and liability issue for them and for us.

For these reasons we ask that the nightly rental permit for 1345 Oakwood Drive be denied.

Respectfully Yours,

Tom & Susan Unger
1263 Oakwood Dr
Hollister, MO 65672
 I (we) oppose the granting of a nightly rental permit for
1325 Oakwood Dr, Hollister, Mo
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 I

October 2, 2017

Taney County Planning Commission
PO Box 383
Forsyth, MO 65653

To the Commission,

This letter is sent to register opposition to the granting of a permit for nightly rentals at 1345 Oakwood
Drive, Hollister, MO.

This house was rented nightly in 2016 without a permit by Sunset Realty. Therefore we have experience
with the problems nightly rentals have on our neighborhood. We.are grateful to the Planning & Zoning
administrator for stopping the practice then and ask that you disallow it from happening again.

Nightly rentals are not appropriate for this residential neighborhood. They present many negative
aspects and no positive ones for the neighbors. These include the following.

• Security - Who knows who is renting the house? Anyone with the money, regardless of intent
could rent. A sex offender could be next door. Numerous cars coming and going leave the
neighbors with no way to recognize people with bad intentions.
• Parking - Oakwood is a narrow street and the house in question sits close to the street w ith
little parking. Folks renting this house in the past parked in the neighboring yards. Some had
boat trailers taking up the space of several cars.
• Noise - Folks on vacation are at the lake to have a good time. They party. They are loud and
have no reason to respect the neighbors. They go home and a new set of vacationers takes their
place. It is like the 4th of July all summer.
• Sanitation - T h e house in question is large. It was advertised in 2016 to accommodate 20
people. Even if the county standard does not allow that many people, there is no one on site to
prevent this much occupation. No septic system can stand up to that many people constantly
using it. The trash generated by large groups in the past filled 4 trash cans which have stood full
for days on some occasions.
• Safety & Liability - The house is lakefront but has no dock. Renters have used our dock without
permission on numerous occasions. This presents a safety and liability issue for them and for us.
l
For these reasons we ask that the nightly rental permit for 1345 Oakwood Drive be denied.

Respectfully Yours,

Tom & Susan Unger
1263 Oakwood Dr
Hollister, MO 65672
 October 2, 2017

Taney County Planning Commission
Taney County Courthouse
132 David Street
Forsyth, MO

In re: Public Hearing - October 10, 2017
Request by Robert Schuck for nightly rental at 1345 Oakwood Dr. Hollister, MO

Commissioner:

Thank you for accepting public comments regarding the above request. WeSTRONGLY OPPOSE th e
request.

The mentioned property lies within a Residential Community. Within this residential community there
are no current provisions for commercial activity. Advertised, nightly vacation rental property
(commercial) use, is not consistent with the intention of a residential area.

Vacationing "renters" have been known to:
.) Disregard parking requirements
.) Disrupt the peace with loud partying
.) Leave trash and debris
.) Trespass on other private property
.) Speed through narrow residential streets

General concerns involving rental property:
.) Is there adequate parking - how many vehicles would be allowed - who will monitor parking ?
.) Is there adequate septic sewage capacity for an undisclosed or undetermined number of persons ?
.) Is there a fire safety plan ?
.) Will there be a manager on duty to monitor the activities of the renters ?

The Branson/Hollister area offers thousands of vacation rental opportunities in 'planned' vacation rental
communities. We see no need to disrupt a residential community by interjecting or allowing
commercial nightly rentals.

Thank you for your attention. Please thoughtfully consider a DENIAL of this nightly rental request.

James and Diane Unger
2092 Graham Clark Rd.
Hollister, MO 65672
October 4, 2017

Taney County Planning Commission
Taney County Courthouse
132 David Street
Forsyth, MO 65653

RE: Public Hearing - October 10, 2017
Request by: Robert Schuckfor nightly rental at 1345 Oakwood Drive
Hollister, MO

Commissioner:

This is a public comment and statement on the above request. We have
had our residential lake home for 20 years and enjoy our neighbors, some
who have lived there most of their lives, and quietness and beauty of this
residential area. This is what attacked us to this area on Table Rock Lake.

We strongly oppose to this request of now adding nightly rentals to
our residential area.

We feel that Branson, Hollister and adjoining areas offer many planned
vacation rental locations that are managed with rules and restrictions.
There are also managers on duty to make sure these are followed.

Vacationers are in these nightly rentals to have a good time and have no
respect for parking, trash, disrupting parties and trespassing on resident’s
property, namely the privately owned “DOCKS”. It will also increase the
traffic on these quiet small residential roads. Take a look at Graham Clark
Road and send one of your road department people to sit and count the
amount of traffic and speeding on any day of the week. We don’t want it!

What about the environment? I know this particular home has advertised
on the internet to fit multiple families. All of our septic tanks, yes they have
a septic tank, sits very close to the lake. Is there a sewage treatment plant
to help with the increasing flow of sewage from these multiple families?

In closing again, we are strongly opposed to allowing nightly rentals in our
residential communities. We want to keep commercial businesses like this
one from starting. Just because you can’t sell it, why not rent full time to
people who are responsible and who become good neighbors.

Thank you for allowing our comments,

Kevin and Susan Cole
1962 Graham Clark Road
Hollister, MO 65672
 APPLICATION FOR CONCEPT /7% ^ /
DI VI SI ON 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 111
Application for permit will be filed along with everything needed to complete
your file, as listed on the Division 111 Procedure Checklist. Division 111
Applications: $150.00, Special Use Applications: $150.00.
NAME OF PROJECT: ^ J A/YvQ / K j i

NAME OF APPLICANT: \C .S F . L C L_______
(Must be owner of record)

SIGNATUR^: _________DATE: P, I ~ P)
WMust be owner of record)

MAILING ADDRESS:

TELEPHONE NUMBER: - 1I fS*/ ‘ 3 I (o&

Representative Information

NAME OF REPRESENTATIVE \ c x \ T v ^ . "S \rv \^ -V ^

MAILING ADDRESS (rep.): j

TELEPHONE NUMBER (rep.):__®

Revised 01/01/2010
 Property Information

ACCESS TO PROPERTY (street # and name): I£ 1 0 ^ ^

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

PARCEL# : C ) V p . h -■-3") ~ O t f o - 0 " C & -< M ^ , COiCl
(This number is on the top left hand corner of your property tax statement)

SECTION:. __TOWNSHIP: a 5 __ RANGE: \)C>

NAME OF SUBDIVISION (if applicable): ________________________________

Lot # (if applicable! -6t * 1 3 _______ BLOCK #

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

□ Commercial 0 Multi-Family ^/Residential □ Agricultural
D Multi-Use ' □ Municipality

SEWAGE DISPOSAL SYSTEM:
□ Treatment Plant Jj()ndividual
□ Central Sewer: District # ____________

WATER SUPPLY SYSTEM:
p Community Well ^ friv a te Well
D Central: District # ___________

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

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

□ Residential C Multi-Family ^Commercial □ Industrial
^Special Use pother - Explain: fN ^ k + L

Revised 1 2 /1 9 /0 3
 DIVISION III PERM IT
APPLICATION/AFFIDAVIT
TANEY COUNTY PLANNING COMMISSION, ^ ,

Applicants Name: V v J S U £ . Ph one:. * S Y V S ) 8 - ll 5>l \
Project Name (if applicable): l~guw-a-, Vcv£.o/v>Ar>J^
Mailing Address: C r, ? A K j g ^ . V w ^ ^ C ) (otSe^ f^ O
Description o f Request: V Q \ ^ P o ^ W , _CS___________________
Required Submittals:

Typewritten Legal Description of Property involved in the request
Postage for notifying property owners within 600 feet of the request
Proof of Public Notification in a Newspaper of County-wide Circulation
" 0 Proof of Ownership or approval to proceed with request by the owner
Sketch Plan of the project which completely demonstrates request
Concept hearing conducted (date)__________________________________

All plans subject to Planning Commission approval must be submitted with
this application; including but not limited to: sketch/site plan, stormwater
management plan, sediment and erosion control plan, wastewater disposal
plan, revegetation and planting materials plan, and preliminary plats. It is
also the applicant’s responsibility to supply the Planning Commission with
any other information required for completion of the relative and absolute
policy checklists as required by the Taney County Development Guidance
Code.

In signing this application I understand that if the information given is
not true, my application may not be accepted or approved and that my
permit may be revoked.

______________ svi- n
Applicant'sJSignature Date of Application
Any proposed project that does not have a posted 911 address m ust be identified
with a survey flag at the proposed access to the property. Failure to post the
survey flag will result in a delay o f the Public Hearing. Please give a description o f
your proposed project including all uses: (IMPORTANT: Make this description a s
complete as possible as your public notice will be based on the information
provided here.)

_______________

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Parksley Lane Nightly Rentals

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TANEY Taney County Planning Commission
COUNTY Division III Permit
Staff Report

HEARING DATE: October 10, 2017

CASE NUMBER: 2017-031

PROJECT: Parksley Lane Nightly Rental

APPLICANT: TCS Enterprise LLC, Tammy Smith

LOCATION: The subject property is located at lots 6 through 13 Parksley Lane,
Kirbyville, Missouri, Swan Township, Section 27, Township 23, Range
20 .

REQUEST:

The applicant, TCS Enterprise LLC, represented by Tam m y Smith, is seeking Planning
Commission approval of a Division III Permit allowing nightly rental use for six (6) cabins
or tree houses to be built, and or RV's, located on lots six (6) through thirteen (13) Parksley
Lane, Kirbyville, Missouri.

BACKGROUND and SITE HISTORY and REVIEW:

Per the Assessor's information the subject property consists of eight (8) lots, six (6) through
thirteen (13) plot two (2). The property is approximately 1.88 acres. The applicant is planning to
build six (6) one (1) bedroom cabins, one (1) cabin per lot numbers six (6) through eleven (11),
with the waste w ater system on lots twelve (12) and thirteen (13). The property will be served
by a private well. The applicant is currently working with Taney County and an Engineer on the
permit application for the w aste w ater system.

Lots to the west and east are owned by the applicant. The property to the north is the Corps of
Engineers on Bull Shoals Lake. The property to the south is Parksley Lane.

1
Per the nightly rental provisions of the Development Guidance Code, "The maximum occu pancy
for a Nightly Rental shall be two (2) persons per dwelling unit, plus two (2) persons per
bedroom."

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."

The project received a total score o f -6 on the Policy Checklist.

The applicant feels this location would be a good area for nightly rental being next to the K-
Dock Marina for fam ilies and fishermen to use.

STAFF RECOMMENDATIONS:

If the Taney County Planning Commission approves Division III Permit #2017-031, the follow ing
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 Central Taney County Fire Protection District.

3. The Parksley Lane Nightly Rental cabins shall accommodate (sleep) no more than fo u r
(4) persons per cabin. The total occupancy may be further limited based upon the
provisions of the Western Taney County Fire Protection District requirements and
regulations. (Appendix E, 4.7.1)

4. One (1) off-street parking space shall be provided for each two (2) persons of occupancy
in a nightly rental. Thus a total of two (2) parking spaces will be required per cabin.
Inability to provide the required off-street parking will reduce the permitted occupancy.
Nightly rental occupant vehicles are to be parked on the residence property or in an
overflow parking area, if available, and not on a roadside. (Appendix E, 4.7.2)

5. The management company or a waste collection provider shall provide w eekly solid
waste collection during all months that the nightly rental is available for rent. (Appendix
E, 4.7.3)

2
6. The Parksley Lane Nightly Rental shall contain a minimum of one operable fire
extinguisher, operable smoke alarms and operable carbon monoxide alarms in
compliance with the local fire district regulations, where applicable. (Appendix E, 4 .7 .5 )

7. A Certificate of Compliance (C of C) must be issued for each Nightly Rental stru ctu re
certifying that the structure or use is in compliance with all applicable Taney C ounty
Development Guidance Code provisions and all permit requirements. The C ertificate of
Compliance must be issued before any nightly rental can begin. (Appendix E, 4.7.6)

8. A valid Missouri Department of Revenue Sales Tax License or sale tax number shall be
provided to the Planning Department prior to the issuance of a Certificate of
Compliance (Appendix E, 4.7.7)

9. The Parksley Lane Nightly Rental shall have the following posted within five (5) fe e t of
the main entrance of the dwelling unit, both on the inside and on the outside.
a. The name and telephone number of the local representative.
b. The name and address of the owner.
c. The contact information for the Planning Department and Taney County Sheriff's
Department
d. The maximum occupancy permitted.
e. The name and telephone number of all local emergency personnel (police, fire and
medical personnel).
f. The number of off street parking spaces provided on the property, and the
maximum number of nightly rental occupant vehicles allowed to be parked on the
property.
g. The solid waste disposal collection day if provided by a solid waste company.
(Appendix E, 4.7.8)

10. The ow ner of the property shall designate a "Local Representative". The local
representative shall be available on a twenty-four (24) hour basis, seven days per w eek.
The local representative may be the owner, a property management company, agent,
designee or other person employed, authorize or engaged by the owner to manage,
rent or supervise the nightly rental. The local representative shall maintain a residence
or permanent place of business within either Taney County or the Counties adjoining
Taney County and shall be available on a twenty-four (24) hour basis, seven (7) days per
week. (Appendix E, 4.7.10)
a. Change Local Representative. The local representative may be changed by the
ow ner from tim e to time throughout the term of the permit, by the owner filing a

3
 revised permit application that includes the name, address and telephone n u m b e r
of the new local representative. Failure to notify the County of a change in the local
representative constitutes a Violation pursuant to Section 3.10 and may also le a d to
the revocation of the Special Use Permit.
b. Complaints. The local representative must be authorized by the owner to respond to
questions or concerns from the occupants or neighbors. The local representative
shall serve as the initial contact person if there are questions or complaints
regarding the operation of the property as a nightly rental. The local representative
must respond to those complaints in a tim ely manner to ensure that the use o f the
property complies with the standards for nightly rental occupancy, as well as o th e r
pertinent County code requirements pertaining to noise, disturbances, or nuisances,
as well as State law pertaining to the consumption of alcohol, or the use of illegal
drugs.
c. Availability. If the Taney County Sheriff's Department is not able to contact th e local
representative in a tim ely manner twice during a twelve month period, this sh all be
considered a Violation pursuant to Section 3.10 and may also lead to revocation of
the Special Use Permit.

11. A buffer shall be established between any structure utilized for nightly rental and a n y
existing residential land use, meeting the requirements of Appendix H, Section 6
(Technical Plans). (Appendix E, 4.7.11)

12. Taney County assumes no responsibility for the operation of the site and owner
covenants and agrees to hold Taney County harmless for any injury or damage w hich
may occur, of w hatever type or nature, as the result of the operation of the nightly
rental. The owner shall maintain appropriate liability insurance for the nightly rental.
(Appendix E, 4.7.16)

13. A Division II permit will be required before construction begins.

14. This decision is subject to all existing easements.

15. 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)

4
 nightlyrentalsroger
To Whom It May Concern
Taney County Planning Commission

Re: RV’s and Tree Houses For Nightly Rental
on Parksley Road by TCS Enterprises, LLC

Concerns about lot 5 and 6. There have to be safety concerns about the
power lines that cross the center of lot 5. This could be dangerously close
to tree houses or pull type campers. The distance from power lines will
have to ber confirmed safe.

Also, there is a concern about sewage for these tree houses or campers in
question. The cess pool on lot 8 has been inspected and deemed unusable.
We have all the paperwork to for proof of this. Proof this cess pool can
not exist. For some reason it remains on lot 8 with two houses using it
ilegally. Request answer as to why?

There is a concern about all the people who live on Parksley Lane about the
traffic problems and possible drug sales on McClean and Parksley Lane.
There is a history that should be looked at and considered. People who stay
or live here should be informed a convicted drug dealer still resides on
this road.

Plus, lots 1,2 and 3 were all drug dealers who were raided and many people
were sent to jail. The well and also the septic tanks will need to be
removed and clean up done and replacement will have to take place These
facts shou be investigated also.

Rick Hill who was an officer of Taney County Sheriff's department along with
the Comet Team has the evidence the cabins on lots 1 2 and 3 should be
checked for drug contaminents to make meth.

This land is not land that is designated for commercial use, which is most
likely why Mr. Smith has the need to request this hearing.

This development proposition has caused a lot of people here on Parksley
Lane to look for some where else to live.Mr. Smith has put several
pressure tactics to make this happen. I don't believe this type of bullying
should be allowed.

Sincerely

Roger Parmeter 417 527 9909
Page 1
 nightlyrentals
To Whom It May Concern
Taney County Planning Commission

Re: RV's and Tree Houses For Nightly Rental
on Parksley Road by TCS Enterprises, LLC

There are several concerns about this proposed construction that
are felt by us and many of the residents here. We have talked
with all of the residents on this road and not one of them including
ourselves is for this proposed construction and nightly rentals.

The residents and home owners of the west end of Parksley Lane have
restrictions that through lawyers and legal recourse have been able to stop
this from taking place in the west end of Parksley. They have had to either
seperately or together work with lawyers to halt TCM Enterprises, LLC, aka
T. Chris Miller from putting nightly rentals of any sort in that area.

I live on the east end of Parksley Lane and we do not have such restrictions
for the plotted subdivision at this end that we can find. But, this is just
the beginning of the problems that I foresee here. It is a logistical,
health, and safety issues that would make this a very bad idea.

There is one way in and out of this area. You must drive down Hwy K to
Warren Rd and then up into Parksley Lane. When the water is high the road
at the end of K Hwy and Warren Rd become flooded. If a person were to have
a medical issue or a fire or an issue that would need law enforcement
involvement
there would be no way for them to get the help they needed in a timely
manner. Who would be liable for that?

The Wilson brothers have in the past allowed home owners and the dock owner
to pass through his land on a private road. I have talked to him in the
recent days and he says that is all he has to allow through and if they do
not follow the rules he can deny them access.

I know for a fact in the past 3 flooding incidents, there are certain people
that have taken advantage of this road in ways that were not allowed. They
have also let people through that were not allowed, littered and damaged the
gates used to keep his property private.

We have come upon some that were seeking drugs that have taken the gates
down and caught them in the process of doing so and the police were called
in. There have been keys to the gate hidden and left for people who do not
live in the area to go through his property and vandalism and littering were
Page 1
 nightlynentals
not uncommon events during the time of flooding. The Wilson's were very
gracious to let us use this road but, I would not blame him at all th at
during the next flooding event that he would not want us to do that again.

So even if the Wilson family allowed homeowners and the dock owner to pass
through this the nightly rental customers would not be allowed to use this
road. Emergency services would need several extra minutes to use it if
allowed that could mean the difference between life and death.

Even garbage pick up would be an issue. We all in the past have had -to make
arrangements with our particular garbage carrier or place of business where
we have worked to have our garbage removed.

The road that floods the Taney County raised up 10 feet right after the 2nd
flooding in this area. It was thought at that time the Wilson's private
road would no longer be needed. This years rainfall caused this not -to be
the case. The road was
flooded at least 5 feet under at the highest spot and home owners and dock
owners were allowed through. The Wilson family still had issues with people
who did not belong on the road. Including the person who is wanting -to put
this development
in. He brought through either RV's or equipment that actually got stuck in
the bend in the road that is steep and short between an S curve.

Who would be responsible for raising the road at the end of K hwy and the
Beginning of Warren Road to prevent the issues of flooding and a lack of
access to the clients of the nightly rental. If no one does, who would be
responsible for any
occurance that would jepardize their safety or health?

The neighborhood down here is not exactly a safe neighborhood. We have many
times had police out here to investigate drug sales and meth making
operations. We have daily traffic that comes in and out to get their drugs
to this day. We in the past have had our lives threatened, watched as they
marched around with
AK's and AR's while cooking events were going on. There have been 4
suspiscious deaths. We have had fugitives take refuge in the abandoned
cabins and homeless make their place to live K Dock Park. At one point we
had a reported incident down at the park in which the people causing the
trouble came to my home. With in minutes of that the police arrived asking
me if I had seen the hoodlums. I asked if they wanted his mama's phone
number as he used my phone to call his mama. He told her he would be in the
abandoned cabins and for her to pick him up. There were several officers in
the area when the two they were searching for came back to my home and my
Page 2
 nightlyrentals
husband took them at gun point to the officers searching the cabins. The
two were quickly arrested and put into squad cars, but, they were still
searching for the 3rd who went in a different direction into the woods to
escape.

Recently I had a drunk out in front of my home, that came to my door after
hegot up from where he was laying in the street. He was either extremely
drunk or high or both and barely made it to my gate. I told him to leave
before I get my gun and he fell at least 4 times trying to go up the drive
way. I was alone,
my husband was visiting family on the west coast. It was not the only time
that I had to wear a gun in my own home to feel that I had a chance. I had
to do it for months before the raid was made on the cabins several years
ago. My life had
been threatened.

This is just a couple of many many incidents in the area. If you check into
the police records you will find that this is actually a very high crime
area. Couple that with more nightly renters it only increases the odds for
a tragedy to happen.
Who is responsible for that???

Then there are the lots themselves. My husband and I looked into buying
these lots onmore than one occasion. We checked into what it would take to
build, put in a septic and well. We checked into the geology of the
property itself. We found that
there is only one spot that a well might work out because the lots are
mostly ledge rock or too close to the lake for a proper septic system, it
was cost prohibitive to do anything on those lots.

There is also a cess pool on the property. It is used by the two homes that
are on McClean Road, a loop just off of Parksley. They share it. At one
time all the property was owned by the same person and it worked for them.
We looked into what it would take to get the cess pool closed only to find
it had already been attempted, condemned and closed but, since there is a 10
year rule on certain things regarding properties we may be able to try and
close it but, they have the time
in use on their side.

So, the two property owners had their rights to continue to use this cess
pool on one the lots that are 8 thru 10, not sure of the exact location.

What is to happen with that cess pool? The properties on McClean have their
rights as it has been there for more than 10 years even though it was
Page 3
 nightlyrentals
condemned and told to be closed. Their property is all ledge rock, and with
new set back rules for
wells and septics they would need to come to an agreement to share co sts,
which would be substantial to build a septic drip system of some sort as the
Nelson's and Dixons had to do whenthey moved in or built.

Is this cess pool going to be what is used for the nightly rentals? If he
is planning to use the tanks on the RV's how are we to know that they will
be pumped out properly and not just dumped to the cess pool or the ground.
Especially in times that the road is flooded.

There are a few issues also of ethics. When Mr. Smith bought the property
from Mr. Wilson, who sold it to him privately with no realtor involved. Mr.
Wilson told us it was a man and his family that just wanted a place t o build
a home for retirement and enjoy their wonderful view of the lake. Mr.
Wilson is one
of the people that have gotten a lawyer to stop Mr. Smith from developing
the west end of Parksley. Had he known what was about to happen, tha-t there
had been a plan all along to develop the area he said he would have never
sold the property to Mr. Miller. I feel that a man that lies in one area of
business and life will lie in others. Ethically I do not trust this man.

I have been told by the other people in residence he has used bullying
tactics to make them want to leave, move or sell and especially sell to him.
He has not bullied us at this time but, the whole idea of what he has done
and wants to do have put a pressure on us. It has been a real issue for me
and my health, I have fibromyalgia and all the stress deeply effects my pain
levels and messes with my diabetic numbers.

We, my husband and I would not be apposed to moving if we were given an
offer that would make it worth our expending the energy and stress of
moving. We are older, both disabled and retired. We would need to have
help with moving, and the stress of it would really cause me issues with my
health just as being pressured and worried does now. Moving is the2nd most
stressful event that can happen in someone's life, and being forced out is
would make it even more so.

I know that we do not have the money this man has and for us to be able to
fight with a lawyer would be a budgetary disaster for us.

No one who currently lives here, wants this development. At least 2 are
looking to move as they have tired of the bullying tactics and stress. They
were very happy even with all the other issues that have been here for
years.
Page 4
 nightlyrentals

I myself would just like to have some peace of mind. This was our dneam to
live by the lake, and to go fishing when we wanted, but, it has tunned into
a nightmare on more than one occasion. This being one of them. All I see
are problems that will develop if this is allowed to happen.

According to what I have heard in the planning around the lakes in the area
by DNR Table Rock was to be the play, resorts, and tourist lake, and Bull
Shoals was to be designated as the lake for fishing. That meant no tourist
type resorts were to be a part of the future of Bull Shoals lake area . If
you let a small development in what is to stop the bigger ones as you will
be setting presidence for them to make this change of designation.

One more thing, on lot 5, there is a utility right of way that consumes 1/2
of the lot with huge power lines. I would think that there is a limi-t to
how close someone can build or put an RV or tree house on these lots.

I am hopeful you will take everything into consideration before allowing
this developement to go forward. I am hopeful that it will be stopped
before it is started.

thank you for your time and consideration

Sincerely,

Deb Parmeter

Page 5
 l
m m s m n
[I

APPLICATION FOR CONCEPT /7 ^ ^
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 fifed along with everything needed to complete
your file, as listed on the Division in Procedure Checklist. Division III
Applications: $150.00, Special Use Applications: $150.00. $
NAME OF PROJECT

NAMEOF APPLICANT!i
(Must be owner of record)

SIGNATURE:____ _______________________ DATE
(Must oe owner Uof
f record)
[ i ’ lU D L i / c r U V V U C? I

MAILING ADDRESS: _ 8 a ( 3 &L

TELEPHONE NUMBER: m - r n n __________________

Representative Information

NAMEOF REPRESENTATIVE: ..jflCco k k ...£ >, , OrimvaQoA_________

MAILINGADDRESS (rep.): VVoft ^ ftnutVL . N\Q

TELEPHONE NUMBER (rep.): SSS - A/1C ftM 'hti& n j

-PH f 'f t - n Revised 01/01/2010
 Property Inform ation

ACCESS TO PROPERTY (street # and name):

Number of Acres (or sq. ft. of lot size): 7 ® ' ^

PARCEL# : f g - £ . OOZ-pol - Ott*. <P2<3
(This number is on the top left hand comer of your property tax statement)

SECTION: f° TOWNSHIP: RANGE:

NAME OF SUBDIVISION (if applicable) : A T / i f . u i r ^ P o u u u

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:
J&Community Wei! □ Private Well
□ Central: District # ___________

DOES THE PROPERTY LIE IN THE 100-YEAR FLOOD PLAIN? □ Yes )<IMo

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

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

Revised 12/19/03
Anyproposedproject that does nothave a posted 911 address mustbe identified
with a survey fiag at the proposedaccess to the property. Failure topost the
survey flag willresult in a delay of the Public Hearing. Please give a description of
yourproposedproject including all uses: (IMPORTANT: Make this description as
complete as possible as yourpublicnotice willbe based on the information
providedhere.)

ApoU'f ojplV S,i e^\V ex. .SxQ&CJbcvA...—

ir Q O ^ J L q £ ___ C Q p f r x W x f V J ____ £^=___ ( N i c A A W ___

Revised 12/19/03
 Sketch/Site Plan
Division III Special Use Permit Application For Nightly Rental

Property Address: 177 Kings Way, Branson, MO 65616

Number of Bedrooms: 6

Maximum Occupancy: 14

Off-Street Parking Spaces: 7+

Description of Site/Sketch Plan:

The Property below has an attached 3-car garage (shown here on the east side) and
the driveway (shown here on the north side) can easily accommodate 4 (or more)
additional vehicles fo r off-street parking. Further• the adjoining lots are either
undeveloped at this point or are used fo r residential or other similar purposes (as can
be ascertained in the image shown on the following page).
 B u f f e r in g P la n f o r
K u t c h T r u s t 's D iv is io n I I I S p e c ia l- U s e P e r m it A p p lic a t io n

In compliance with the requirements of the Taney County Development Code (th e
"Code"), Kutch Trust ("Applicant"') has submitted its application for a Division III
Special-Use Permit seeking authorization to operate the property located at 1 7 7
Kings Way, Branson, MO 65616 (the "Property") as a nightly rental.

In further support of Applicant's application and pursuant to the provisions o f
Section 4.7.15 of Appendix E to the Code and Section 6 of Appendix H to the Code,
the following represents Kutch Trust’s compliance with the required buffering s e t
forth therein.

First, as is identified in the highlighted portion of the image below, the southern
boundary of the Property is buffered by existing, indigenous plant material.

Second, as identified in the highlighted portion of the image below, the western
boundary of the Property is buffered by existing, indigenous plant material.
Third, as identified in the highlighted portions of the two images below, the eastern
boundary of the Property is buffered by a retaining wall.
Finally, although the photo below represents that that northern lot adjacent to t h e
property (highlighted below) is undeveloped, it is the Applicant's understanding
that the lot is indeed developed and being operated as a presently un-perm itted
nightly rental. That being the case, Applicant requests that the burden to implemen t
buffering on Applicant's northern boundary be placed upon the presently unpermitted
property owner.
 N

177 Kings Way Nightly Rental W^ E
TANEY Taney County Planning Commission
COUNTY Division III Special Use Permit
Staff Report

HEARING DATE: October 10, 2017

CASE NUMBER: 2017-032

PROJECT: 177 Kings Way Nightly Rental

APPLICANTS: Kutch Trust

REPRESENATIVE: Nicolas Grimwood

LOCATION: The subject property is located at 177 Kings Way, Branson, Missouri,
Branson Township, Section 10, Township 22, Range 22.

REQUEST:

The applicant, Kutch Trust, represented by Nicolas Grimwood, is seeking Planning Commission
approval of a Division III Special Use Permit allowing nightly rental use of the existing single
fam ily residence, located at 177 Kings W ay, Branson, Missouri.

BACKGROUND and SITE HISTORY:

Per the Assessor's information the single fam ily residence has six (6) bedrooms and is built on
lot number four (4), located in the Estates at M ajestic Pointe subdivision and was constructed in
2008. The property is approximately .87 acres in size. The property is served by a community
well for w ater and City of Branson sewer for waste w ater.

The lots to the south is currently an eleven (11.7) acre parcel with a single fam ily residence. Lots
to the w est and east are currently vacant subdivision lots. The lot to the north currently has a
single fam ily residence.

1
Per the nightly rental provisions of the Taney County Development Guidance Code, "The
maximum occupancy for a nightly rental shall be two (2) persons per dwelling unit, plus t w o (2)
persons per bedroom". Therefore, the six (6) bedroom home would have a maximum
occupancy of fourteen (14) occupants, and one (1) off-street parking space shall be provid ed for
each two (2) person of occupancy in a nightly rental." Therefore a total of seven (7) parkin g
spaces will be required.

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

STAFF RECOMMENDATIONS:

If the Taney County Planning Commission approves Division III Special Use Permit #2017-032,
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 177 Kings Way Nightly Rental Special-Use permit is specific to the representative to
whom the permit is issued and, as applicable, is specific to an approved developm ent
plan and cannot be transferred without Planning Commission approval. (Appendix E,
3.1)

3. The permit does not constitute a land use change and is not, therefore tied to the
property; that is, it does not transfer as part of property sale or ownership change.
(Appendix E, 3.2)

4. The property where a Special-Use permit is granted shall not be used to establish
commercial compatibility for or with any future land-use change applications. (Appendix
E, 3.3)

5. If the conditions and restrictions of a Special-Use permit are not complied with, the
permit can be revoked by administrative decision. If the permit has been revoked, it can
be re-instated only by the Planning Commission through the Division III process.
(Appendix E, 3.4)

6. If the Special-Use permit is not executed within a one-year period from the date of the
approval or is discontinued for a period of one year or greater, it shall be considered
abandoned and no longer executable. (Appendix E, 3.5)

2
7. Compliance letter from the Western Taney County Fire Protection District.

8. The 177 Kings Way Nightly Rental shall accommodate (sleep) no more than fo u rte en
(14) persons. The total occupancy may be further limited based upon the provision s of
the W estern Taney County Fire Protection District requirements and regulations.
(Appendix E, 4.7.1)

9. One (1) off-street parking space shall be provided for each two (2) persons of occupancy
in a nightly rental. Thus a total of seven (7) parking spaces will be required. Inab ility to
provide the required off-street parking will reduce the permitted occupancy. N ightly
rental occupant vehicles are to be parked on the residence property or in an o ve rflo w
parking area, if available, and not on a roadside. (Appendix E, 4.7.2)

10. The management company or a waste collection provider shall provide weekly solid
waste collection during all months that the nightly rental is available for rent. (Appendix
E, 4.7.3)

11. The 177 Kings W ay Nightly Rental shall contain a minimum of one operable fire
extinguisher, operable smoke alarms and operable carbon monoxide alarms in
compliance with the local fire district regulations, where applicable. (Appendix E, 4 .7 .5 )

12. A Certificate of Compliance (C of C) must be issued for each Nightly Rental Special Use
Permit certifying that the structure or use is in compliance with all applicable Taney
County Development Guidance Code provisions and all permit requirements. (Appendix
E, 4.7.6)

13. A valid Missouri Department of Revenue Sales Tax License or sale tax number shall be
provided to the Planning Department prior to the issuance of a Certificate of
Compliance (Appendix E, 4.7.7)

14. The 177 Kings W ay Nightly Rental shall have the following posted within five (5) fe e t of
the main entrance of the dwelling unit, both on the inside and on the outside.
a. The name and telephone number of the local representative.
b. The name and address of the owner.
c. The contact information for the Planning Department and Taney County Sheriff's
Department
d. The maximum occupancy permitted.

3
 e. The name and telephone number of all local emergency personnel (police, fire and
medical personnel).
f. The number of off street parking spaces provided on the property, and the
maximum number of nightly rental occupant vehicles allowed to be parked on the
property.
g. The solid waste disposal collection day if provided by a solid waste company.
(Appendix E, 4.7.8)

15. The owner of the property shall designate a "Local Representative". The local
representative shall be available on a twenty-four (24) hour basis, seven days per w e e k .
The local representative may be the owner, a property management company, ag en t,
designee or other person employed, authorize or engaged by the owner to m anage,
rent or supervise the nightly rental. The local representative shall maintain a residence
or permanent place of business within either Taney County or the Counties adjoini ng
Taney County and shall be available on a twenty-four (24) hour basis, seven (7) d a ys per
week. (Appendix E, 4.7.10)
a. Change Local Representative. The local representative may be changed by the
owner from tim e to time throughout the term of the permit, by the owner filin g a
revised permit application that includes the name, address and telephone num ber
of the new local representative. Failure to notify the County of a change in the local
representative constitutes a Violation pursuant to Section 3.10 and may also lead to
the revocation of the Special Use Permit.
b. Complaints. The local representative must be authorized by the owner to respond to
questions or concerns from the occupants or neighbors. The local representative
shall serve as the initial contact person if there are questions or complaints
regarding the operation of the property as a nightly rental. The local representative
must respond to those complaints in a tim ely manner to ensure that the use of the
property complies with the standards for nightly rental occupancy, as well as other
pertinent County code requirements pertaining to noise, disturbances, or nuisances,
as well as State law pertaining to the consumption of alcohol, or the use of illegal
drugs.
c. Availability. If the Taney County Sheriff's Department is not able to contact the local
representative in a tim ely manner twice during a twelve month period, this shall be
considered a Violation pursuant to Section 3.10 and may also lead to revocation of
the Special Use Permit.

4
16. A buffer shall be established between any structure utilized for nightly rental and a n y
existing residential land use, meeting the requirem ents of Appendix H, Section 6
(Technical Plans). (Appendix E, 4.7.11)

17. Taney County assumes no responsibility for the operation of the site and owner
covenants and agrees to hold Taney County harmless for any injury or damage wh ich
may occur, of w hatever type or nature, as the result of the operation of the nightly
rental. The owner shall maintain appropriate liability insurance for the nightly re n ta l.
(Appendix E, 4.7.16)

18. This decision is subject to all existing easements.

19. 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)

5
 August 29, 2017

Uwe and Joan Jagiella

332 Majestic Circle (Lots 16,17 and 18)

Branson, MO 65616

Taney County Planning and Zoning

PO Box 383

Forsyth, Mo 65653

Re: Request of Kutch Trust for Nightly Rental atl77 Kings Way, Branson, MO

Dear Planning and Zoning Board:

It is our request that you deny the applicant for Division III Special Use Nightly Rental Permit for the
following reasons.

A nightly rental in Majestic Pointe subdivision is not compatible with surrounding single family
residential uses and the property does not comply with the Policies for Land Use Compatibility and off
site nuisances as enumerated within the Taney County Development Guidance Code.

From my understanding a Certificate of Compliance has not been issued to this property that has been
having illegal Nightly Rentals for the last few years. Apparently, it appears that this Nightly Rental
operators are in violation of the Taney County Development Code section 4.7.9. They have also
submitted pictures that appear no other homes are in the area. How untrue, our home is directly down
the hill from this property. We have been subjected to the noise, traffic, and the partying of numerous
people staying in this single family home. The Kutch Trust advertises this as a vacation home that has 14
beds and can house 20 people, according to the information submitted to the Planning and Zoning
Board it stated the maximum of transients they could house would be 14. The parking of cars has been
overwhelming with cars parking in the garage on the drive way and overflowing on to the private
property across the road from this home. This neighborhood was not designed for rentals as is
evidenced by the gates at the front of the subdivision making the Majestic Pointe subdivision into a
private gated community for residential homes and not rentals.

"The purpose of the Declaration of The Estates at Majestic Pointe Subdivision is to establish a set of
covenants for single-family homes on well-landscaped lots, having aesthetic continuity and preservation
and encouragement of privacy." Having one home with 20 transient people certainly does not constitute
privacy. Per Declaration of The Estates at Majestic Pointe Subdivision: Article one 1.1 "Lots shall be used
for residential purposes only", having nightly rentals in this subdivision is against this covenant, as well.

Gunner Hill drive and Majestic Dr. are very steep, narrow and curvy. Having a commercial business
would put the neighborhood residents at risk as the fire department would have extreme difficulty
operating in a narrow, steep and curvy road. There are no fire hydrants in a reasonable range and tanker
trucks would be needed, as happened with the condo fires a few years ago. The result of the fire w a s
that the total condo building needed to be rebuilt due to the total loss.

The Majestic Pointe subdivision was built to be a gated high quality residential neighborhood
complementing the Friendly Hills subdivision. These houses range from over $ 400,000 to approxim ately
one million dollars. As the owner of one of the homes in the subdivision, I am very concerned that the
value of ourtaxable property and home will decrease with the addition of a commercial business in our
neighborhood. There is also the fear that having transient renters puts the neighborhoods at risk f o r
theft and vandalism. Our property has already had things stolen from it as well as the electrical boxes
have been subject to graffiti. Transient renters do not have the care and concern of the neighborhood as
individual tax paying owners.

Upon purchasing our home and lots on either side of the home it was marketed as a residential
neighborhood with covenants and restrictions. We would like to see the continuation of these
restrictions and covenants.

In conclusion, a commercial nightly rental business would not be compatible or suitable with the
surrounding single family residential uses and the property does not comply with the Policies for Land
Use Compatibility and off site nuisances as enumerated within the Taney County Development Code and
will violate the neighborhoods Covenants and Restrictions, and will also not promote, public health and
safety and the general welfare of the neighborhoods.

Similar permits have been denied for the same reasons. Therefore, we are requesting that the
application for nightly rentals from the Klutch Trust be denied.

Thank you for your consideration.

Uwe and Joan Jagiella

262-501-5552

jjagiella@gmail.com
 September 2, 2017

Robert and D ebra Johnston

Friendly H ills Lots 23 & 24

104 Lenhart Lane

Branson, M O 65616

Taney C ounty Planning and Zoning

PO B o x 383

Forsyth, M o 65653

Re: R equest o f Kutch Trust for N igh tly Rental at 177 K ings W ay, Branson, M O

Dear Planning and Zoning Board:

W e respectfully request that you deny the application for a special use permit by the Kutch Trust at 177
K ings W ay on the basis o f the follow ing:

A . Incom patibility: There are hom es w ithin range o f sight and sound in w hich fam ilies w ith children and
grandchildren live. In Friendly H ills, w e b eliev e it is important to know your neighbors in an effort to k eep
our fam ilies safe. This certainly applies to the h igh quality neighborhood that adjoins us, M ajestic E states,
(see attachm ent 1)

B. Prevailing Covenants: B oth M ajestic Estates and Friendly H ills have covenants that guard against an y
sort o f com m erce. The residents o f both o f these subdivisions have purchased or built their permanent
residences trusting that these covenants w ould be protected.

C. Precedence: P lease don't allow non residents to com e and b eliev e that i f they buy a house and b eg in to
rent it, they w ill be allow ed to grandfathered. The Kutch Estate has been renting this hom e since at L E A S T
June o f 2013 (that is their first o f 63 review s on V R B O ) Their listing is attachm ent 2.

In con clusion, a com m ercial nightly rental busin ess w ould not be com patible w ith existin g covenants and
use o f existin g residences.

Sim ilar perm its have been denied for the sam e reasons. Therefore, w e are requesting that the application
for n ightly rentals from the Kutch Trust be denied.

Thank you for your consideration.

Robert & Debra Johnston
Attachment 2

VRBO cratciipad Login - He!p - List Your Property
fait o‘ 'te HomeAway Family

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Majestic Overlook - RA148581
Overview Amenities Reviews Map Photos Availability & Share O Favorite

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10/23/2017 I 10/26/2017
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4.309 ss. fL 20 6 4 1
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About the Home, 6 Bedrooms, 4.5 Baths, (Sleeps 20)
property
TANEY T aney C o u n t y P l a n n in g C o m m is s io n
P. O. B ox 3 8 3 ® Forsyth, M issouri 6 5 6 5 3
COUNTY Phone: 417 546-7225 / 7226 « F ax:417546-6861
website: www.taneycounty.org

APPLICATION FOR CONCEPT "
DIVISION III
TANEY COUNTY PLANNING COMMISSION

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

NAME OF PROJECT:• U N VftCfl'ti'M __________________

NAME OF APPLICANT \ 00\ lh m / j [m
(Must be owner o f record)

SIGNATURE: __________ % n
(Must brow ner o f record)

MAILING ADDRESS:

TELEPHONE M i a t)________ EMAIL:. JfUXft.C/'H.US

Representative Information

NAME OF REPRESENTATIVE:0 Cfl ttW H V l Q-A

MAILING ADDRESS (rep.0; \ \ V L f ond\ i \ A Un-fc Tzsoi

TELEPHONE NUMBER ( r e p . ) : VA -"Hl'L-
-0 1 D

: ^ 7 --// - /~ ? Revised 01/01/2010
 Property Information

ACCESS TO PROPERTY (street # and name): 10 Kl Tu^Cani/1 D if\Y£

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

PARCEL # : H - ^ , D - V j - Q O O - OOD-QO I • 111_________________________
(Parcel # MUST be on permit. Example: OO-O.O-OO-OOO-OOO-OOO.OOO. This number is on top left hand corner of
property tax statement If you have not paid taxes on property, must have name of previous owner of property.)

SECTION: TOWNSHIP: RANGE:
V'rlUs <?f fields-M* <>{■ Cmfc
NAME OF SUBDIVISION (if applicable): "fYl Vgj.opyyxlYVf____________________

Lot # (if applicable! m \ \ ^ \h)
lAVln v ^ 11
^ BLOCK
b lL #

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

□ Commercial □ Multi-Family [/ Residential □ Agricultural
a Multi-Use □ Municipality

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

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

DOES THE PROPERTY LIE IN THE 100-YEAR FLOOD PLAIN? □ Yes 0 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 proposedproject that does not have a posted 911 address must be identified
with a survey flag at the proposed access to the property. Failure to post Che
survey flag will result in a delay of the Public Hearing. Please give a description of
yourproposedproject including all uses: (IMPORTANT: Make this description as
complete as possible as your public notice will be based on the information
provided here.)

iy fa d fo (A

•fo US/ -(he 'Drtr^i/hA yjf gkM hlptfh
D v iv ^ {jAli'&v'tW 0 ^
a nV/ih-t'l 1/1 y /y y fa l. Ia)/ iMkld k [ms<±
\Y BtS & Y > J n / o m ari i -h y u m

b A y g ii U U i m -fuv l/lf b
h v ih .c le s .

Revised 12/19/03
 Brian and Jessica Cox
1 0 9 N T u scan y H ollister, MO 6 5 6 7 2

9/1/2017

S co tt Starrett

P la n n in g A d m in istra to r

T a n ey C ounty

RE: "Staff R ecom m en d ation s" item n u m b er 16.

Dear Scott:

A s p r e v io u sly d isc u sse d , o u r b uffer w ill b e th e e x istin g w a ll th a t se p a r a te s ou r p r o p e r ty w ith th e
n eig h b o rin g ten a n t. T h e w a ll is a p p r o x im a tely 1 3 .5 in c h e s w id e . T h ere is a 5 % -stu d w all a tta ch ed t o ou r
p rop erty, a 3 in ch n eu tra l sp a ce, an d th en the n eig h b o r in g te n a n t stu d w a ll b egin .

Brian and Jessica Cox
Brian and Jessica Cox
1 0 9 N T u scan y H ollister, MO 6 5 6 7 2

9/1/2017

M arla P ierce
P la n n in g C om m ission S ecretary

T a n e y C ounty

RE D escrip tio n o f u se at 1 0 9 N T u sc a n y D rive

Dear Marla:
A s p r e v io u sly d isc u sse d , w e h a v e a tta c h e d a d esc rip tio n o f o u r p r o p o se d p ro ject. A lso in clu d ed is t h e m ap
in d ic a tin g p ark ing at 1 0 9 N. T u sc a n y D rive H ollister, MO 6 5 6 7 2 .

Sincerely,

Brian and Jessica Cox
O B e a C O ri Taney County, MO

P a rce l ID 17-8.0-28-000-000-001.117 A ltern ate ID n/a O w n er A ddress CO X BRIAN &JE5
Sec/Tw p/Rng 28-22-21 C lass n/a 1406jkANDS END
P ro p erty A d d ress 109 N TUSCANY DR A cre a ge n/a RUSSELLVILLE AF
D istrict 5CWX
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 . B ox 3 8 3 • Forsyth, M issouri 6 5 6 5 3
COUNTY Phone: 41 7 546-7225 / 7226 « F ax:417 546-6861
website: www.taneycounty.org

DIVISION III PERMIT
APPLICATION/AFFIDAVIT
TANEY COUNTY PLANNING COMMISSION

Applicants Nam e:( a^ ^ ___________Phone:
Project Name (if applicable):
Mailing Address: 111/1/ "ihvllfll L-M R/i 1ll -i\/\L- '72-^01
Description o f Request:
Required Submittals:

□ Typewritten Legal Description of Property involved in the request
□ Postage for notifying property owners within 600 feet of the request
Proof of Public Notification in a Newspaper of County-wide Circulation
□ Proof of Ownership or approval to proceed with request by the owner
□ Sketch Plan of the project which completely demonstrates request
□ Concept hearing conducted (date)____________________________

All plans subject to Planning Commission approval must be submitted with
this application; including but not limited to: sketch/site plan, stormwater
management plan, sediment and erosion control plan, wastewater disposal
plan, revegetation and planting materials plan, and preliminary plats. It is
also the applicant’s responsibility to supply the Planning Commission with
any other information required for completion of the relative and absolute
policy checklists as required by the Taney County Development Guidance
Code.

In signing this application I understand that if the information given is
not true, my application may not be accepted or approved and that my
permft may be revoked.

I n
A p p lic a n t’s S ig n a tu r e / Date of Application
 Cox Vacation Rental

17 - 8 . 0 - 28 - 000 - 000 - 001.117

ILDSTO NE
TANEY J l Taney County Planning Commission
^g^COUNTY Division III Special Use Permit
Staff Report

HEARING DATE: October 10, 2017

CASE NUMBER: 2017-033

PROJECT: Cox Vacation Rental

APPLICANTS: Jessica and Brian Cox

LOCATION: The subject property is located at 109 N Tuscany Drive, Hollister,
Missouri, Scott Township, Section 28, Township 22, Range 21.

REQUEST:

The applicant, Jessica and Brian Cox, is seeking Planning Commission
approval of a Division III Special Use Permit allowing nightly rental use of the existing single
fam ily residence, located at 109 N Tuscany Drive, Hollister, Missouri.

BACKGROUND and SITE HISTORY:

Per the Assessor's information the Villa was constructed in 2006, located in the Villas of
Fieldstone at Branson Creek Development subdivision. The Villa is approximately 1,893 square
feet in size.

Per the nightly rental provisions of the Taney County Development Guidance Code, "The
maximum occupancy for a nightly rental shall be two (2) persons per dwelling unit, plus tw o (2)
persons per bedroom, and one (1) off-street parking space shall be provided for each two (2)
person of occupancy in a nightly rental."

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 Special Use Permit #2017-033,
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 Cox Vacation Rental Special-Use permit is specific to the representative to w h o m
the permit is issued and, as applicable, is specific to an approved development p la n and
cannot be transferred without Planning Commission approval. (Appendix E, 3.1)

3. The permit does not constitute a land use change and is not, therefore tied to the
property; that is, it does not transfer as part of property sale or ownership change.
(Appendix E, 3.2)

4. The property w here a Special-Use permit is granted shall not be used to establish
commercial compatibility for or with any future land-use change applications. (Appendix
E, 3.3)

5. If the conditions and restrictions of a Special-Use permit are not complied w ith, th e
permit can be revoked by administrative decision. If the permit has been revoked, it can
be re-instated only by the Planning Commission through the Division III process.
(Appendix E, 3.4)

6. If the Special-Use permit is not executed within a one-year period from the date o f the
approval or is discontinued for a period of one year or greater, it shall be considered
abandoned and no longer executable. (Appendix E, 3.5)

7. Compliance letter from the Western Taney County Fire Protection District.

8. The Cox Vacation Rental shall accommodate (sleep) no more than eight (8)persons. The
total occupancy may be further limited based upon the provisions of the W estern Taney
County Fire Protection District requirements and regulations. (Appendix E, 4.7.1)

9. One (1) off-street parking space shall be provided for each two (2) persons of occupancy
in a nightly rental. Thus a total of four (4) parking spaces will be required. Inability to
provide the required off-street parking will reduce the permitted occupancy. Nightly
rental occupant vehicles are to be parked on the residence property or in an overflow
parking area, if available, and not on a roadside. (Appendix E, 4.7.2)

2
10. The management company or a waste collection provider shall provide weekly soli d
waste collection during all months that the nightly rental is available for rent. (App endix
E, 4.7.3)

11. The Cox Vacation Nightly Rental shall contain a minimum of one operable fire
extinguisher, operable smoke alarms and operable carbon monoxide alarms in
compliance with the local fire district regulations, where applicable. (Appendix E, 4-.7.5)

12. A Certificate of Compliance (C of C) must be issued for each Nightly Rental Special U se
Permit certifying that the structure or use is in compliance with all applicable T a n e y
County Development Guidance Code provisions and all permit requirements. (Appendix
E, 4.7.6) i

13. A valid Missouri Department of Revenue Sales Tax License or sale tax number shall be
provided to the Planning Department prior to the issuance of a Certificate of
Compliance (Appendix E, 4.7.7)

14. The Cox Vacation Rental shall have the following posted within five (5) feet of the m ain
entrance of the dwelling unit, both on the inside and on the outside.
a. The name and telephone number of the local representative.
b. The name and address of the owner.
c. The contact information for the Planning Department and Taney County Sheriff's
Department
d. The maximum occupancy permitted.
e. The name and telephone number of all local emergency personnel (police, fire and
medical personnel).
f. The number of off street parking spaces provided on the property, and the
maximum number of nightly rental occupant vehicles allowed to be parked on the
property.
g. The solid w aste disposal collection day if provided by a solid waste company.
(Appendix E, 4.7.8)

15. The owner of the property shall designate a "Local Representative". The local
representative shall be available on a twenty-four (24) hour basis, seven days per week.
The local representative may be the owner, a property management company, agent,
designee or other person employed, authorize or engaged by the owner to manage,
rent or supervise the nightly rental. The local representative shall maintain a residence

3
 or permanent place of business within either Taney County or the Counties adjoin ing
Taney County and shall be available on a twenty-four (24) hour basis, seven (7) da ys per
week. (Appendix E, 4.7.10)
a. Change Local Representative. The local representative may be changed by t h e
owner from time to time throughout the term of the permit, by the owner filin g a
revised permit application that includes the name, address and telephone n u m b e r
of the new local representative. Failure to notify the County of a change in th e local
representative constitutes a Violation pursuant to Section 3.10 and may also le a d to
the revocation of the Special Use Permit.
b. Complaints. The local representative must be authorized by the owner to resp ond to
questions or concerns from the occupants or neighbors. The local representative
shall serve as the initial contact person if there are questions or complaints
regarding the operation of the property as a nightly rental. The local representative
must respond to those complaints in a tim ely manner to ensure that the use o f the
property complies with the standards for nightly rental occupancy, as well as o th e r
pertinent County code requirements pertaining to noise, disturbances, or nuisances,
as well as State law pertaining to the consumption of alcohol, or the use of illegal
drugs.
c. Availability. If the Taney County Sheriff's Department is not able to contact th e local
representative in a timely manner twice during a twelve month period, this shall be
considered a Violation pursuant to Section 3.10 and may also lead to revocation of
the Special Use Permit.

16. A buffer shall be established between any structure utilized for nightly rental and any
existing residential land use, meeting the requirements of Appendix H, Section 6
(Technical Plans). (Appendix E, 4.7.11)

17. Taney County assumes no responsibility for the operation of the site and owner
covenants and agrees to hold Taney County harmless for any injury or damage which
may occur, of w hatever type or nature, as the result of the operation of the nightly
rental. The owner shall maintain appropriate liability insurance for the nightly rental.
(Appendix E, 4.7.16)

18. This decision is subject to all existing easements.

19. 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)

4
TANEY T a n e y C o u n i t P l a n n in g C o m m i s s i o n
P. O . Box 3S3 ° Forsyth, Missouri 65653
COUNTY Phone: 417546-7225/7226 * Fax: 417546-6861
website: www.taneycouniy.orj)

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.

f - ------------------

NAME OF APPLICANT: L - O r r ^ S W U
(Must be owner o f record)

SIGNATURE: _______________ DATE: 7 /
/y J (Must be owner o f record)

MAILING ADDRESS: V H l b O C - (<L
b & W T '

TELEPHONE: MrH - ^ £ * 1 -S -S -S T ) EMAIL: t L (D 0 \ , CO ^

Representative Information

NAME OF REPRESENTATIVE: ____________

MAILING ADDRESS (rap.): Quo Q J o ft J (>

TELEPHONE NUMBER (rep.):

Revised 01/01/2010
 Property Information

ACCESS TO PROPERTY (street # and nam e): Mr 2-2, C S jo

______________ V W ^ S ~ V g r s M O _______________ O U x f E f j ___________________

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

p a r c e l#= \2>-~ L> ‘ 6 12>—^ Q g ^ - n d A ~~Q\C>' Q o a
(This number is on the top left hand corner of your property tax statem ent)

SECTIO N j5 TOWNSHIP; RANGE;

NAME OF SUBDIVISION (If appiicabie): ^ 3 c U e r~ _________________

Lot # (if appiicabie)______ U _________ BLOCIC #

W ITHIN 600' FROM TH IS PROPERTY IS i
(Check all land uses that apply)

□ Commercial □ Multi-Family b^esidentia! □ Agricultural
□ Multi-Use □ Municipality

SEWAGE DISPOSAL SYSTEM:
□ Treatment Plant □ Individual
□ Central Sewer: District # f e x y o \

WATER SUPPLY SYSTEM,
□ Community Well [^private Well
□ Central: District # ________

DOES THE PROPERTY L IE IN THE 100-YEAR FLOOD PLAIN? □ Yes □ No

TH IS 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 he identified with a survey flag at the proposed
access to the property. Failure to post the survey flag will resuJt
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,)

We respectfully request the zoning board permit us to change
the zoning on 422 Iowa Colony to allow for Weekly/Nightly rentals.
There will be strict adherence of renting to families or retired
individuals. The rental periods should be a week or longer. This home
will not be rented to individuals under the age of 30. Our goal is a
longer rental period. In Florida, we rented homes to foreigners
primarily from Germany and Switzerland; they are terrific clients and
problem free repeat visitors who brought money to our local
S
economy. The home is atwe bedroom two bath with quality finishes,
furnishing and a terrific view of Port Royal Golf Course. This location
has ample parking for multiple cars and a boat if desired. Two spots
are in the carport, a large parking area next to it, and a large circle
drive way. Thus there will not be any cars on the county road way.
We feel with the Branson Airport has an un-taped international
market. This would be a great fit and would benefit our local economy
and exposure to Branson as well. Thank you in advance for the
considering this change in zoning.
 DIVISION MI PERMIT
APPLICATION/AFFIDAVIT
TANEY COUNTY PLANNING COMMISSION

Applicants Name: CUX ______ Phone: M H ~ ^ ST?
Project Name (if applicable): <x j C f \ A6j \-6 _____
Mailing Address: \ L\ 1 G ^ Vvl x
Description o f Request: ^ y cL C \vq-^ — LO' egJklV^ f^p t/yAo. j ^ ^^
Required Submittals:

□ Typewritten Legal Description of Property involved in the request
□ Postage for notifying property owners within 600 feet of the request
□ Proof o f Public Notification in a Newspaper of County-wide Circulation
□ Proof o f Ownership or approval to proceed with request by the owner
□ Sketch Plan of the project which completely demonstrates request
□ Concept hearing conducted (date)___________________________

A ll plans subject to Planning Commission approval must be submitted with
this application; including but not limited to: sketch/site plan, stormwater
management plan, sediment and erosion control plan, wastewater disposal
plan, revegetation and planting materials plan, and preliminary plats. It is
also the applicant’s responsibility to supply the Planning Commission with
any other information required for completion o f the relative and absolute
policy checklists as required by the Taney County Development Guidance
Code.

la signing this application I understand that if the information given is
not true, my application may not be accepted or approved and that my
permit may be revoked.

Z2-/7
it’s Signature 1 Date o f Application
o w a C o lo n y R o ad
 N

Iowa Colony Vacation Rental

TIMBER1R55
TANEY Taney County Planning Commission
COUNTY Division III Special Use Permit
Staff Report

HEARING DATE: October 10, 2017

CASE NUMBER: 2017-034

PROJECT: Iowa Colony Nightly Rental

APPLICANTS: Barrington Capital LLC, Larry Staab

LOCATION: The subject property is located at 422 Iowa Colony Road, Hollister,
Missouri, Oliver Township, Section 13, Township 22, Range 22.

REQUEST:

The applicant, Barrington Capital LLC, is seeking Planning Commission approval of a Division III
Special Use Permit allowing nightly rental use of the existing single fam ily residence, located at
422 Iowa Colony Road, Hollister, Missouri.

BACKGROUND and SITE HISTORY:

Per the Assessor's information the single fam ily residence is built on lot 11, located in the
Escher subdivision and was constructed in 1962. The property is served by a private well and
Taney County Regional Sewer District for w aste w ater service.

The lots to the south and north are currently residential single family homes. The property to
the east is vacant residential lots with Lake Taneycomo to the w est of the property.

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."

1
Per the nightly rental provisions of the Taney County Development Guidance Code, "The
maximum occupancy for a nightly rental shall be two (2) persons per dwelling unit, plus t w o (2)
persons per bedroom". Therefore, the three (3) bedroom home would have a maximum
occupancy of eight (8) occupants, and one (1) off-street parking space shall be provided f o r
each two (2) person of occupancy in a nightly rental." Therefore a total of four (4) parking
spaces will be required.

The project received a total score o f -3 on the Policy Checklist.

STAFF RECOMMENDATIONS:

If the Taney County Planning Commission approves Division III Special Use Permit #2017-034,
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 Iowa Colony Nightly Rental Special-Use permit is specific to the representative to
whom the permit is issued and, as applicable, is specific to an approved developm ent
plan and cannot be transferred without Planning Commission approval. (Appendix E,
3.1)

3. The permit does not constitute a land use change and is not, therefore tied to the
property; that is, it does not transfer as part of property sale or ownership change.
(Appendix E, 3.2)

4. The property w here a Special-Use permit is granted shall not be used to establish
commercial compatibility for or with any future land-use change applications. (Appendix
E, 3.3)

5. If the conditions and restrictions of a Special-Use permit are not complied w ith, the
permit can be revoked by administrative decision. If the permit has been revoked, it can
be re-instated only by the Planning Commission through the Division III process.
(Appendix E, 3.4)

6. If the Special-Use permit is not executed within a one-year period from the date of the
approval or is discontinued for a period of one year or greater, it shall be considered
abandoned and no longer executable. (Appendix E, 3.5)

2
7. Compliance letter from the Western Taney County Fire Protection District.

8. The Iowa Colony Nightly Rental shall accommodate (sleep) no more than eight (8)
persons. The total occupancy may be further limited based upon the provisions of th e
Western Taney County Fire Protection District requirements and regulations. (Appendix
E, 4.7.1)

9. One (1) off-street parking space shall be provided for each two (2) persons of occu pancy
in a nightly rental. Thus a total of four (4) parking spaces will be required. Inability to
provide the required off-street parking will reduce the permitted occupancy. N ightly
rental occupant vehicles are to be parked on the residence property or in an overfl ow
parking area, if available, and not on a roadside. (Appendix E, 4.7.2)

10. The management company or a waste collection provider shall provide weekly solid
waste collection during all months that the nightly rental is available for rent. (Appendix
E, 4.7.3)

11. The Iowa Colony Nightly Rental shall contain a minimum of one operable fire
extinguisher, operable smoke alarms and operable carbon monoxide alarms in
compliance with the local fire district regulations, w here applicable. (Appendix E, 4 .7 .5 )

12. A Certificate of Compliance (C of C) must be issued for each Nightly Rental Special Use
Permit certifying that the structure or use is in compliance with ail applicable Taney
County Development Guidance Code provisions and all permit requirements. (Appendix
E, 4.7.6)

13. A valid Missouri Department of Revenue Sales Tax License or sale tax number shall be
provided to the Planning Department prior to the issuance of a Certificate of
Compliance (Appendix E, 4.7.7)

14. The Iowa Colony Nightly Rental shall have the following posted within five (5) feet of the
main entrance of the dwelling unit, both on the inside and on the outside.
a. The name and telephone number of the local representative.
b. The name and address of the owner.
c. The contact information for the Planning Department and Taney County Sheriff's
Department
d. The maximum occupancy permitted.

3
 e. The name and telephone number of all local emergency personnel (police, f ir e and
medical personnel).
f. The number of off street parking spaces provided on the property, and the
maximum number of nightly rental occupant vehicles allowed to be parked on the
property.
g. The solid waste disposal collection day if provided by a solid waste company.
(Appendix E, 4.7.8)

15. The owner of the property shall designate a "Local Representative". The local
representative shall be available on a twenty-four (24) hour basis, seven days per w e e k.
The local representative may be the owner, a property management company, agent,
designee or other person employed, authorize or engaged by the owner to m anage,
rent or supervise the nightly rental. The local representative shall maintain a residence
or permanent place of business within either Taney County o rth e Counties adjoining
Taney County and shall be available on a twenty-four (24) hour basis, seven (7) days per
week. (Appendix E, 4.7.10)
a. Change Local Representative. The local representative may be changed by th e
owner from time to time throughout the term of the permit, by the owner filin g a
revised permit application that includes the name, address and telephone num ber
of the new local representative. Failure to notify the County of a change in the local
representative constitutes a Violation pursuant to Section 3.10 and may also lead to
the revocation of the Special Use Permit.
b. Complaints. The local representative must be authorized by the owner to respond to
questions or concerns from the occupants or neighbors. The local representative
shall serve as the initial contact person if there are questions or complaints
regarding the operation of the property as a nightly rental. The local representative
must respond to those complaints in a tim ely manner to ensure that the use o f the
property complies with the standards for nightly rental occupancy, as well as other
pertinent County code requirements pertaining to noise, disturbances, or nuisances,
as well as State law pertaining to the consumption of alcohol, or the use of illegal
drugs.
c. Availability. If the Taney County Sh e riffs Department is not able to contact the local
representative in a tim ely manner twice during a twelve month period, this shall be
considered a Violation pursuant to Section 3.10 and may also lead to revocation of
the Special Use Permit.

4
16. A buffer shall be established between any structure utilized for nightly rental and a n y
existing residential land use, meeting the requirem ents of Appendix H, Section 6
(Technical Plans). (Appendix E, 4.7.11)

17. Taney County assumes no responsibility fo rth e operation of the site and owner
covenants and agrees to hold Taney County harmless for any injury or damage wh ich
may occur, of w hatever type or nature, as the result of the operation of the nigh tly
rental. The owner shall maintain appropriate liability insurance fo rth e nightly re n ta l.
(Appendix E, 4.7.16)

18. This decision is subject to all existing easements.

19. 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)

5
 T aney C o u n t y P l a n n in g C o m m is s io n
P. O. B o x 3 8 3 ® Forsyth, Missouri 6 5 6 5 3
Phone: 417 546-7225 / 7226 ° Fax: 417 546-6861
website: www.ta.neycomity. or£j

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. '-< Gr>. : ■

NAME OF PROJECT: fe k U G P -

NAME OF APPLICANT: b & M p f t g - f (jFfeeS. jf
(Must be owner o f record)

TELEPHONE: EMAIL: \rA < B tn tt< ? 2 (& M *a A -fr> n sy

Representative Information

NAME OF REPRESENTATIVE: ft-lLjfe EtsU A BftS.
fttiLip

MAILING ADDRESS (rep.): ^ TR B ^ r ( Ay\o

Revised 01/01/2010

f\f -
 Property Information

ACCESS TO PROPERTY (street # and nam e): ^ *7<^

&>=£*o ___________________________ (

Number of Acres (or sq. ft. of lot size): S , o ^ _____________

PARCEL # : -o ^ - ^ co - - ^ i . c o o _____________________
(Parcel # MUST be on permit. Example: 00-0.0-00-000-000-000.000. This number is on top left hand com er of
property tax statement. If you have not paid taxes on property, must have name of previous owner of property.)

SECTION: TOWNSHIP: *2^___________RANGE:

NAME OF SUBDIVISION (if applicable): T -< Z o u & U M ^ U vdflM*)

Lot # (if applicable! ^ 3, ^ BLOCK # __________________

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

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

SEWAGE DISPOSAL SYSTEM:
□ Treatment Plant □ Individual
M Central Sewer: District # £e>.
/ O v r& A C T f

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

DOES THE PROPERTY LIE IN THE 100-YEAR FLOOD PLAIN? □ Y es^ N o

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

1 ____ H M o

E v ie ^ n r lW /< B \K rr^ M D ^ n >

_______________i C k > y v M M . o r > A ^ f4 a { ^ b a n n o e . i-Ujl

________________________ £ x V n f c > v 4-t iWll 9
b

_______________ M — Cjz>\j(&c<3 tk> ^gvr-yy\<e.rga> f\A.<aL<rV^V*__________

Li —

Revised 12/19/03
TA N EY Jg f^ j § || 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. B o x 3 8 3 ° Forsyth, M issouri 6 5 6 5 3
'C O U N T Y Phone: 417 546-7225 / 7226 ° Fax:417546-6861
website: www.tcmeycounty,org

DIVISION III PERMIT
APPLICATION/AFFIDAVIT
TANEY COUNTY PLANNING COMMISSION

Applicants Name: V&Qj-s-mA CeKTTFftjghone:_______________
Project Name (if applicable):
Mailing Address: U-lo-f _____________________________
Description o f Request: <s ^=- <gbr<r t ____________
Required Submittals:

Typewritten Legal Description of Property involved in the request
Postage for notifying property owners within 600 feet of the request
Proof of Public Notification in a Newspaper of County-wide Circulation
Proof of Ownership or approval to proceed with request by the owner
f/^1 Sketch Plan of the project which completely demonstrates request
yC Concept hearing conducted (date)

All plans subject to Planning Commission approval must be submitted with
this application; including but not limited to: sketch/site plan, stormwater
management plan, sediment and erosion control plan, wastewater disposal
plan, revegetation and planting materials plan, and preliminary plats. It is
also the applicant’s responsibility to supply the Planning Commission with
any other information required for completion of the relative and absolute
policy checklists as required by the Taney County Development Guidance
Code.

In signing this application I understand that if the information given is
not true, my application may not be accepted or approved and that my
permit may be revoked.

____________ lb A ^ a Q C , y
Applicant’^ ig n a tu re y r Date of Application
 N

w
Forsyth Senior Event Center

:e m u s

09 - 2 . 0 - 03 - 000-000

S U M M IT R ID G E DR
TANEY Taney County Planning Commission
COUNTY Division III Permit Staff Repo rt

HEARING DATE: October 10, 2017

CASE NUMBER: 2017-035

PROJECT: Forsyth Senior Event Center

APPLICANTS: Senior Friendship Site, Rodney Dempsey, President

REPRESENTATIVE: Philip Edwards

LOCATION: The subject property is located at 11048 East State Hwy 76, Forsyth,
Missouri, Swan Township, Section 03, Township 23, Range 20.

REQUEST:

The applicant, Senior Friendship Site, represented by Philip Edwards, is seeking
Planning Commission approval of a Division III Permit allowing for an event center located at
11048 East State Hwy 76, Forsyth, Missouri.

BACKGROUND and SITE HISTORY:

The subject property involved with this request is approximately .75 acres of the 7.75 acres
owned by the Senior Friendship Site that lies within Taney County. The remaining seven acres is
within the City o f Forsyth. As per the Assessor's information the existing building was built in
1956. An approximate forty two (42) by forty eight (48) section of the existing building on the
property has been left for use of the indoor events. The applicant has indicated they plan to
connect to public w ater and sewer in the future. The applicant has indicated they will also
continue to block the entrance from East State Hwy 76 to the property that w as used by the
previous business. There are separate entrances to the property within the city limits of Forsyth
with better site distance that will be used.

The current application was approved for Concept September 18, 2017.

The project received a total score o f -3 on the Policy Checklist.
REVIEW:

The applicant is requesting the ability to add the following uses to the Senior Friendship S ite
property at 11048 East State Hwy 76: Galleries, Community Hall, Dance Hall, Exhibition Ha II,
Lecture Hall and a covered Farmers Market.

STAFF RECOMMENDATIONS:

If the Taney County Planning Commission approves Division III Permit #2017-035, the follow ing
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 Central Taney County Fire Protection District.

3. No outside storage of equipment or solid w aste materials.

4. The East State Hwy 76 entrance to the property within Taney County shall remain closed
or will be eliminated for use.

5. This decision is subject to all existing easem ents.

6. A Division II Permit will be required for all applicable structures in the developm ent.

7. 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
 T aney C o u n t y P l a n n in g C o m m is s io in
P. O. B o x 383 3 Forsyth, M issouri 6 5 6 5 3
Phone: 417 546-7225 / 7226 ° Fax: 417 546-6861
website: www. taneycounty. org

APPLICATION FOR CONCEPT 17 ^
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 compl ete
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: CIO
(Must be owner o f record)

SIGNATURE: _\j —j______________________________________ DATE:j? J " 1. j")
(Must be owner o f record)

MAILING ADDRESS:

TELEPHONE: EMAIL: ^

Representative Information

NAME OF REPRESENTATIVE: <
■)3<r>C._______________________________

MAILING ADDRESS (rep.): S ^ e rfi. ___________________________________

TELEPHONE NUMBER (rep.): O -i'v t

C h /V U M - I D - 10-11
P
I
, I&^ • i v - id-11
I Revised 01/01/2010

f v c o H u - n
 Property Information

ACCESS TO PROPERTY (street # and nam e): (R w

O p t? ________________________________^ c o H - t o o S / u ^ l

Number of Acres (or sq. ft. of lot size): 3 «c ^ _________________

PARCEL # : f)& '" ^ -0 -A k-Q C D -O O P -Q)Q , o n ______________
(Parcel # MUST be on permit. Example: 00-0.0-00-000-000-000.000. This number is on top left hand corner of
property tax statement. I f you have not paid taxes on property, must have name of previous owner of property.)

SECTION: &b TOWNSHIP: __________ RANGE:

NAME OF SUBDIVISION (if applicable): W L rLk x o k J U^UiQr

Lot # (if applicable)____________________________4=_BLOCK #

--------------- W ITHIN 600' FROM TH IS PROPERTYTS;
(Check all land uses that apply)

□ Commercial □ Multi-Family a: 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 S No

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

□ Residential □ Multi-Family □ Commercial □ Industrial
jS;Special Use □ Other - Explain: MyWr (jLnM

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 Che
survey flag will result in a delay of the Public Hearing. Please give a description of
yourproposed project including all uses: (IMPORTANT: Make this description as
complete as possible as your public notice will be based on the information
provided here.)

H o c u p lf Jr |4 jj 4> c| Q J_LO
U.
< g o

\^

...... ]

^ c r ir v -

Revised 12/19/03
TANEY J g ^ J g i l T a n e y C o u n t y P l a n n i n g C o m m issio n -
P. O. B ox 3 8 3 ® Forsyth, Missouri 6 5 6 5 3
'COUNTY Phone: 417 546-7225 / 7226 « Fax: 417 546-6861
website: www.taneycounty.orgf

DIVISION III PERM IT
APPLICATION/AFFIDAVIT
TANEY COUNTY PLANNING COMMISSION
Applicants Name: ________ Phone: M ,11 -&K -OOp^T
Project Name (if applicable): ]SUtVJ >
Mailing Address: 0. (O (PU_____ (T\ O 4S-LIL
Description of Request:_
o ^
Required Submittals:

I I Typewritten Legal Description of Property involved in the request
_____I I Postage for notifying property owners within 600 feet of the request_____________
Proof of Public Notification in a Newspaper of County-wide Circulation
Proof of Ownership or approval to proceed with request by the owner
Sketch Plan of the project which completely demonstrates request
Concept hearing conducted (date)___________________________

All plans subject to Planning Commission approval must be submitted with
this application; including but not limited to: sketch/site plan, stormwater
management plan, sediment and erosion control plan, wastewater disposal
plan, revegetation and planting materials plan, and preliminary plats. It is
also the applicant’s responsibility to supply the Planning Commission with
any other information required for completion of the relative and absolute
policy checklists as required by the Taney County Development Guidance
Code.

In signing this application I understand that if the information given is
not true, my application may not be accepted or approved and that my
permit may be revoked.

Applicant’s Signature
mm
Date o f Application
 Timberlake Nightly Rentals

TIMBERLAKE
TANEY Taney County Planning Commission
COUNTY Division III Special Use Permit
Staff Report

HEARING DATE: October 10, 2017

CASE NUMBER: 2017-036

PROJECT: Timberlake Nightly Rental

APPLICANTS: Byron Joplin

LOCATION: The subject property is located at 250 Timberlake Road, Branson,
Missouri, Scott Township, Section 26, Township 23, Range 21.

REQUEST:

The applicant, Byron Joplin, is seeking Planning Commission approval of a Division III Special
Use Permit allowing nightly rental use of two (2) eight hundred and eight (808) square fo o t,
two (2) bedroom cabins connected together, located at 250 Timberlake Road, Branson,
Missouri.

BACKGROUND and SITE HISTORY:

Per the Assessor's information the property is three (3) acres. The applicant has applied fo r a
Division I permit, permit #17-146, issued July 25, 2017, for construction of two (2) eight
hundred and eight (808) square foot, two (2) bedroom cabins that will be connected together.
The property is served by a private well for w ater and an onsite waste w ater system for w aste
water.

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."

1
Per the nightly rental provisions of the Taney County Development Guidance Code, "The
maximum occupancy for a nightly rental shall be two (2) persons per dwelling unit, plus t w o (2)
persons per bedroom". Therefore each two (2) bedroom home would have a maximum
occupancy of six (6) occupants, and one (1) off-street parking space shall be provided for each
two (2) person of occupancy in a nightly rental." Therefore a total of six (6) parking spaces will
be required.

The project received a total score of 7 on the Policy Checklist.

REVIEW :

The applicant has indicated he plans to provide a number of parking locations along with a n
area for boat and trailer parking. The parking area will total an area of fifty four (54) feet w id e
and eighteen (18) feet deep for vehicles and an area of eighteen (18) feet wide and thirty six
(36) feet deep for boats. The proposed nightly rentals are adjoining the applicants current
residence property. The property to the west and north is a thirty six (36) acre parcel with a
residence. The property to the east is the ow ner and another residential lot. The property is
currently served by an existing drive off of Tim berlake Road.

STAFF RECOMMENDATIONS:

If the Taney County Planning Commission approves Division III Special Use Permit #2017-036,
the following requirem ents shall apply, unless revised by the Planning Commission:

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

2. The Timberlake Nightly Rental Special-Use permit is specific to the representative to
whom the permit is issued and, as applicable, is specific to an approved development
plan and cannot be transferred without Planning Commission approval. (Appendix E,
3.1)

3. The permit does not constitute a land use change and is not, therefore tied to the
property; that is, it does not transfer as part of property sale or ownership change.
(Appendix E, 3.2)

2
4. The property where a Special-Use permit is granted shall not be used to establish
commercial compatibility for or with any future land-use change applications. (A p p end ix
E, 3.3)

5. If the conditions and restrictions of a Special-Use permit are not complied with, t h e
permit can be revoked by administrative decision. If the permit has been revoked, it can
be re-instated only by the Planning Commission through the Division III process.
(Appendix E, 3.4)

6. If the Special-Use permit is not executed within a one-year period from the date o f the
approval or is discontinued for a period of one year or greater, it shall be considered
abandoned and no longer executable. (Appendix E, 3.5)

7. Compliance letter from the Western Taney County Fire Protection District.

8. The Timberlake Nightly Rental shall accommodate (sleep) no more than six (6) persons
per each cabin. The total occupancy may be further limited based upon the provisions of
the W estern Taney County Fire Protection District requirements and regulations.
(Appendix E, 4.7.1)

9. One (1) off-street parking space shall be provided for each two (2) persons of occupancy
in a nightly rental. Thus a total of three (3) parking spaces will be required per each
cabin. Inability to provide the required off-street parking will reduce the permitted
occupancy. Nightly rental occupant vehicles are to be parked on the residence property
or in an overflow parking area, if available, and not on a roadside. (Appendix E, 4 .7 .2 )

10. The management company or a waste collection provider shall provide weekly solid
waste collection during all months that the nightly rental is available for rent. (Appendix
E, 4.7.3)

11. The Timberlake Nightly Rental shall contain a minimum of one operable fire
extinguisher, operable smoke alarms and operable carbon monoxide alarms in
compliance with the local fire district regulations, where applicable. (Appendix E, 4.7.5)

12. A Certificate of Compliance (C of C) must be issued for each Nightly Rental Special Use
Permit certifying that the structure or use is in compliance with all applicable Taney
County Development Guidance Code provisions and all permit requirements. (Appendix
E, 4.7.6)

3
13. A valid Missouri Department of Revenue Sales Tax License or sale tax number shall be
provided to the Planning Department prior to the issuance of a Certificate of
Compliance (Appendix E, 4.7.7)

14. The Timberlake Nightly Rental shall have the following posted within five (5) feet o f the
main entrance of the dwelling unit, both on the inside and on the outside.
a. The name and telephone number of the local representative.
b. The name and address of the owner.
c. The contact information for the Planning Department and Taney County S h e riff's
Department
d. The maximum occupancy permitted.
e. The name and telephone number of all local emergency personnel (police, fire and
medical personnel).
f. The number of off street parking spaces provided on the property, and the
maximum number of nightly rental occupant vehicles allowed to be parked on th e
property.
g. The solid waste disposal collection day if provided by a solid waste company.
(Appendix E, 4.7.8)

15. The owner of the property shall designate a "Local Representative". The local
representative shall be available on a twenty-four (24) hour basis, seven days per w e e k.
The local representative may be the owner, a property management company, agent,
designee or other person employed, authorize or engaged by the owner to manage,
rent or supervise the nightly rental. The local representative shall maintain a residence
or permanent place of business within either Taney County or the Counties adjoining
Taney County and shall be available on a twenty-four (24) hour basis, seven (7) days per
week. (Appendix E, 4.7.10)
a. Change Local Representative. The local representative may be changed by the
ow ner from tim e to time throughout the term of the permit, by the owner filing a
revised permit application that includes the name, address and telephone number
of the new local representative. Failure to notify the County of a change in the local
representative constitutes a Violation pursuant to Section 3.10 and may also lead to
the revocation of the Special Use Permit.
b. Complaints. The local representative must be authorized by the owner to respond to
questions or concerns from the occupants or neighbors. The local representative
shall serve as the initial contact person if there are questions or complaints
regarding the operation of the property as a nightly rental. The local representative

4
 must respond to those complaints in a tim ely manner to ensure that the use o-f the
property complies with the standards for nightly rental occupancy, as well as o th e r
pertinent County code requirements pertaining to noise, disturbances, or nuisances,
as well as State law pertaining to the consumption of alcohol, or the use of illeg al
drugs.
c. Availability. If the Taney County Sh eriffs Department is not able to contact t h e local
representative in a timely manner twice during a twelve month period, this s h a ll be
considered a Violation pursuant to Section 3.10 and may also lead to revocatio n of
the Special Use Permit.

16. A buffer shall be established between any structure utilized for nightly rental and any
existing residential land use, meeting the requirements of Appendix H, Section 6
(Technical Plans). (Appendix E, 4.7.11)

17. Taney County assumes no responsibility for the operation of the site and owner
covenants and agrees to hold Taney County harmless for any injury or damage w h ich
may occur, of w hatever type or nature, as the result of the operation of the nightly
rental. The owner shall maintain appropriate liability insurance for the nightly rental.
(Appendix E, 4.7.16)

18. This decision is subject to all existing easements.

19. 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)

5
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October 10, 2017
Code Revision
Public Hearing
4.7.6 Certificate of Com pliance
A Certificate of Compliance (C of C) must be issued for each Nightly Rental Special-Use
permit certifying that the structure or use is in compliance with all applicable Taney County
Development Guidance Code provisions including but not limited to compliance with the
local Taney County Fire District and all other Planning Commission requirements of the
recorded Decision of Record.
Before issuing a (C of C) for each Nightly Rental Special-Use permit all requirements in the
Decision of Record must be completed. If the permit is required due t-o a Notice of Violation
of no Special-Use permit in place or to bring a current Nig-fotly Rental into compliance
voluntarily, the applicant-foas 120 days from the date of the approval to have-the C of C in
place or the continued nightly -re ntal shall cease until the C of C is issued, if the Special-Use
permit is requested for an existing nightly rental seeking Taney County Guidance Code
compliance due to the lack of a Special-Use permit for nightly rental, the Special-Use permit
must have the C of C issued within 90 days after the approval date or the nightly rental shall
cease until a C of C for the Special-Use permit is issued. The deadline can be administratively
extended if the approval is appealed to the Board of Adjustment and evidence of scheduling
any modifications required for the C of C is presented to the Planning Staff. If the Special-Use
permit is for a new nightly rental the C of C must be issued before any nightly rental can
begin.