Planning Commission Meeting Minutes

T a n e y C o u n t y P l a n n i n g C o m m is s io n
P. O. Box 383 • Forsyth, Missouri 65653
Phone: 417 546-7225 / 7226 • Fax: 41 7 546-6861
website: www.tcmeycounty.org

MINUTES
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, JANUARY 9, 2017, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

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

Election of 2017 Officers: A motion was made by Mr. Kitchen to nominate the
same officers as last year. Seconded by Mr. Faubion. The vote to elect Mr. Adams as
Chairman and Mr. Stewart as Vice-Chairman was unanimous.

Mr. Atchley read a statement outlining the procedures for the meeting.

All public hearings on projects have been postponed from this meeting until the
February 13 meeting.

Old and New Business:
Public Hearing Proposed Nightly Rental; Mr. Atchley explained that the Planning
Commission might vote on the amendment at the next meeting. He gave a brief
synopsis of Option A, Option B, and Option C. Mr. Kitchen asked if legal counsel had
seen the three options. Mr. Atchley stated that they have been sent but no
communication had been received. Mr. Caudill stated that he did not feel prepared to
vote on any one of the three at this time.

Deana Wolfe, President of the Missouri Board of Realtors spoke in favor of no
interference by local government, which was the opinion of the Board. She asked the
Planning Commission not to make a decision on any one of the three until a decision by
the Legislators could be made. Mr. Cramer asked for her opinion regarding how Taney
County handles nightly rentals. She stated that she liked the way Stone County handles
their zoning.

Gary Billingsley who lives on Stoney Pointe Dr. spoke in favor of Option A,
because in his opinion a Division III Permit has already been approved for nightly rental

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in his neighborhood. The other two options would be a waste of taxpayer money in his
opinion. He was representing several property owners who were present.

Barbra Durham who manages a small real estate company manages about 100
nightly rentals. She was in favor of Option A and feels that if Taney County requires
stricter regulations or doesn't allow nightly rentals many property owners and money
would be lost to Taney County.

Dick Heider discussed the three options and other Counties who do and do not
permit nightly rentals and if regulations are even needed. In his opinion if Option A is
chosen property owners would have no protection, except through the sheriff and court
system. Option B and C are preferable but he likes the current regulations. Mr. Faubion
asked if the nightly rental in his neighborhood caused problems. Mr. Heider stated that
it does. The other neighbors present stated the same. Mr. Stewart discussed certificates
of compliance. Mr. Caudill stated charges have been filed in court regarding these
nightly rentals in this neighborhood.

Jeramie Worley real estate broker in the area and operates a vacation rental
business, stated that in his opinion none of the options will work. He discussed taxation,
parking issues during peak season, performance zoning, traffic, tourism, and
infrastructure concerning nightly rentals. In his opinion performance zoning should be
changed to traditional zoning.

Brad Moncado who owns several vacation rentals, agrees with Jeramie Worley
and says he is neither for nor against the three proposals.

Linda Bokel who is a homeowner, feels that homeowners need protection from
nightly rentals. In her opinion nightly rentals are businesses and are not compatible
with single family dwellings.

Tom Bokel hopes that Taney County keeps the current regulations. In his opinion
nightly rentals can hurt the property values of the local people and the economy. Most
people do not want to live next door to a business in his opinion, and that homeowners
might go somewhere else to live and buy homes.

Cindy Heider lives in Lemonwood Lane, and does not feel vacation rentals should
be allowed in single family residential areas because they are not compatibile. The
nightly rental in her neighborhood will not cease renting until he is fined or told not to
do it, in her opinion. She says they are at the mercy of the regulations, but that they
are not enforced properly. Mr. Stewart clarified that the two nightly rentals in her
neighborhood were denied by the Planning Commission. Ms. Heider stated that the
sheriff was called but nothing could be done according to them.

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 Karen Murphy who lives in Branson Creek stated that there are several nightly
rentals in that neighborhood and that there is no one to oversee them. She is not in
favor of Option A and B and feels Option C is closest to the current Code which she is in
favor of keeping. She feels there is a safety issue at Branson Creek for people who rent
these places.

Wes Strange who lives at the Villas at Branson Creek reported on some nightly
rentals in his neighborhood which in the past had some problems which he had to call
the sheriff for, but nothing was done about it. In his opinion there are too many people
in the structures causing safety issues. He is not in favor of Options A or B.

Mark Mauzey owns about 70 nightly rentals and lives in Springfield. He stated
that some property owners have lived up to what the Code requires of nightly rentals
and some have not. He has only had to call the Sheriff once in ten years. He pointed
out that nightly rentals are at least a $100,000,000 business providing revenue to
Taney County. In his opinion it is a great industry and shouldn't be over regulated.
About 70% of his rentals are single family dwellings.

Neil Murphy lives in Branson Creek and does not like Option A. He stated that in
his opinion, there are plenty of adequate motel rooms for this area and are at 60%. In
his neighborhood there are at least 27 nightly rentals which are not permitted.

Donna Lakey lives at Lemonwood Lane and feels regulation of nightly rentals is a
wise thing. She thinks the Planning Commission has done a good job and that nightly
rentals should still be controlled. She lives next door to a nightly rental.

Dusty Hall who owns Sunset Realty stressed that he and all of his staff live in
Taney County and that current regulations are good and that nightly rentals should not
be over regulated in his opinion. He supports all of his homeowners in Branson Creek.

Don Phillips has two homes which he nightly rentals, and feels there is nothing
wrong with making money. He makes sure his renters abide by the rules, and if
someone looks for a home to buy, they should make sure there are no nightly rentals in
the area which they are considering buying in. Mr. Kitchen asked about the letter sent
by Mr. Atchley regarding nightly rental approval in Branson Creek. Mr. Phillips manages
his properties himself but he lives 7 hours away. He has local people clean and take
care of them.

There being no one else signed up to speak the public hearing was closed.

Discussion followed regarding the three Options. Mr. Haes pointed out that the
Commission should consider the neighborhoods and also the property owners who are
using them as income. Mr. Caudill reminded the Commission that the regulations should
be enforced. Mr. Atchley explained how enforcement is currently being done. Nr.

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Adams feels we are currently doing a good job permitting the nightly rentals . Mr.
Stewart doesn't want to inflict rules on to people who are trying to make a living. Mr.
Kitchen likes the current Codes but that they could be improved on. Mr. Faubion stated
that in his opinion, our current form of zoning doesn't utilize the policy check list
properly. Mr. Atchley reported that at this time he has written two drafts of a new Code
and he plans to leave them with his predecessor. Mr. Stewart feels the special use
permit is a good tool. Mr. Kitchen feels that in a platted subdivision that has private
restrictions should not have nightly rentals unless they specifically say they can. Mr.
Cramer feels we need to enforce the regulations and everyone should be on the same
page. Mr. Caudill stated we need regulations that will stand up in court. The
Commission asked Mr. Atchley to provide them with the two drafts of the Code to be
reviewed next month. Mr. Fogle feels a concept should not be approved for someone
who does not own the property. Mr. Pennel reminded the Commission that when he
was a Commissioner he was not in favor of Traditional Zoning, but since then he has
had the opportunity to study it and now feels that is the only way to go. His fear is that
performance zoning would not stand up in court. Mr. Atchley stated that legal counsel
feels we have a defendable position. The court of appeals should be handing down a
decision on it soon. Mr. Haes asked how the traditional zoning districts where decided
on. Mr. Atchley explained that it begins with what is existing. Mr. Faubion would like to
talk to people who are in the nightly rental business for their input. Mr. Adams asked
that the Commission read the two drafts before February.

Mr. Atchley addressed the Commission and announced his resignation effective
January 20.

Adjournment:
With no other business on the agenda for January 9, 2017 the meeting
adjourned at 8:27 p.m.

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 T a n e y C o u n t y P l a n n in g C o m m is s io n
P. O. Box 383 • Forsyth, Missouri 65653
Phone: 417 546-7225 / 7226 • Fax: 41 7 546-6861
website: www.taneycounty.org

MINUTES
TANEY COUNTY PLANNING COMMISSION
REGULAR MEETING
TUESDAY, JANUARY 17, 2017, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

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

Mr. Atchley read a statement outlining the procedures for the meeting.

Review and Action:
Minutes, December 2016; with no additions or corrections a motion was made by
Mr. Haes to approve the minutes as written. Seconded by Mr. Cramer. The vote to
approve the minutes was unanimous.

Final Votes: Postponed

Concepts:
Branson Creek Villas, a request to operate a nightly rental from a single family
residence located at 165 N.Tuscany Dr. Mr. Atchley presented a location map of the
site. With no representative present Mr. Stewart made a motion to postpone until the
end of the meeting. At the end of the meeting the representative was not present. This
project is postponed until the representative contacts staff.

Branson Creek Villas, a request to operate a nightly rental from a single family
residence located at 167 N. Tuscany Dr. Mr. Atchley presented a location map of the
site. With no representative present Mr. Stewart made a motion to postpone until the
end of the meeting. The representative did not appear. This project is postponed until
the representative contacts staff.

George Nightly Rental, a request to operate a nightly rental from a single family
residence located at 133 N. Tuscany Dr. This applicant withdrew.

Branson Creek Fieldstone Villa, a request to operate a nightly rental from a single
family residence located at 119 Tuscany Dr. Mr. Atchley presented a location map of
the site. Shirley Boyer explained her request. There was no discussion from the
Commission. This request will proceed to public hearing February 13, 2017.

Viveiros Duplex, a request to construct a duplex to operate a nightly rental from
the site located at Edwards Road. The property contains three mobile homes. Mr.
Atchley presented a location map of the site. Aaron Viveiros was present to address
questions from the Commission. He reported that he has not moved the old mobiles
yet. Discussion involved setbacks, wastewater, and water. This project will proceed to
public hearing February 13, 2017.

Sunset Nightly Rentals Branson Creek/Mays; a request to operate a nightly rental
from a single family residence located at 130 Lugano Lane. Mr. Atchley presented a
location map of the site. Barbara Durham representing all the properties for Sunset
Nightly Rentals addressed questions from the Commission. Discussion included using
one side of each structure, and each one having the same requirements. This project
will proceed to public hearing February 13, 2017.

Sunset Nightly Rentals Branson Creek/Valley View I, LLC; a request to operate a
nightly rental from a single family residence located at 360 Black Rock Dr. Mr. Atchley
presented a location map of the site. Ms. Durham also represented this request. The
same requirements apply as well. Discussion followed regarding size of structure, and
location. This project will proceed to public hearing February 13, 2017.

Sunset Nightly Rentals Branson Creek/Bates; a request to operate a nightly
rental from a single family residence located at 189 Stoney Pointe Dr. Mr. Atchley
presented a location map of the site. Ms. Durham clarified the request. The same
requirements apply. This project will proceed to public hearing February 13, 2017.

Sunset Nightly Rentals Branson Creek/Khoury; a request to operate a nightly
rental from a single family residence located at 157 N. Tuscany Dr. Mr. Atchley
presented a location map of the site. Ms. Durham clarified the request. The same
requirements apply. This project will proceed to public hearing February 13, 2017.

Sunset Nightly Rentals Branson Creek/Contemporary Housing LLC; a request to
operate a nightly rental from a single family residence located at 209 Stoney Pointe Dr.
Mr. Atchley presented a location map of the site. Ms. Durham clarified the request. The
same requirements apply. This project will proceed to public hearing February 13, 2017.

Sunset Nightly Rentals Branson Creek/Valley View I, LLC; a request to operate a
nightly rental from a single family residence located at 112 N. Tuscany Dr. Mr. Atchley
presented a location map of the site. Ms. Durham clarified the request. The same
requirements apply. This project will proceed to public hearing February 13, 2017.
 Sunset Nightly Rentals Branson Creek/Barbour; a request to operate a nightly
rental from a single family residence located at 120 Lugano Lane. Mr. Atchley presented
a location map of the site. Ms. Durham clarified the request. The same requirements
apply. This project will proceed to public hearing February 13, 2017.

Sunset Nightly Rentals Branson Creek/Dickson; a request to operate a nightly
rental from a single family residence located at 130 Fieldstone. Mr. Atchley presented
the a location map of the site. The owner Mr. Dickson clarified the request. The same
requirements apply. This project will proceed to public hearing February 13, 2017.

Sunset Nightly Rentals Branson Creek/Pope; a request to operate a nightly rental
from a single family residence located at 137 N. Tuscany Dr. Mr. Atchley presented a
location map of the site. Ms. Durham clarified the request. The same requirements
apply. This project will proceed to public hearing February 13, 2017.

Sunset Nightly Rentals Branson Creek/Cox; a request to operate a nightly rental
from a single family residence located at 168 Fieldstone. Mr. Atchley presented a
location map of the site. Ms. Durham clarified the request. The same requirements
apply. This project will proceed to public hearing February 13, 2017.

Sunset Nightly Rentals Branson Creek/Valley View I, LLC; a request to operate a
nightly rental from a single family residence located at 138 Stoney Pointe Dr. Mr.
Atchley presented a location map of the site. Ms. Durham clarified the request. The
same requirements apply. This project will proceed to public hearing February 13, 2017.

Sunset Nightly Rentals Branson Creek/Stinkweed, LLC; a request to operate a
nightly rental from a single family residence located at 130 N. Tuscany Dr. Mr. Atchley
presented a location map of the site. Ms. Durham clarified the request. The same
requirements apply. This project will proceed to public hearing February 13, 2017.

Brad Lacore; a request to operate a nightly rental from a single family residence
located at 670 Amanda Rd. Mr. Atchley presented a location map of the site. Mr. Lacore
clarified his request. He plans to live there and rent when he is out of town. Discussion
followed regarding the cul-de-sac being his driveway, size of structure, water and
wastewater. This project will proceed to public hearing February 13, 2017.

DK & NK, LLC; a request to operate a nightly rental from a single family
residence located at 177 N. Tuscany. Mr. Atchley presented a location map of the site.
The applicant clarified the request. Discussion followed regarding history of the
property, and property values. This project will proceed to public hearing February 13,
2017.
 Mr. Adams everyone that the public hearings on these requests will be held
February 13, 2017, and final votes taken the following week February 21, 2017 which is
on Tuesday because of the Monday holiday.

Old and New Business:
Proposed Nightly Rental Code Amendment; discussion followed regarding leaving
the Code the way it reads on nightly rentals, and when the Commission wants to vote
on it. This amendment will be discussed and possible voted on at the February
meetings. Mr. Cramer made a motion to move discussion regarding the nightly rental
amendment to the February meetings. Seconded by Mr. Stewart. The vote to discuss in
February was unanimous.

Adjournment:
With no other business on the agenda for January 17, 2017 the meeting
adjourned at 7:50 p.m.