Planning Commission Meeting Minutes

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

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

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

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

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

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

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

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

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

Adjournment:
With no other business on the agenda for March 13, 2017 the meeting adjourned
at 7:18 p.m.
TA N EY T a n e y C o u n t y P l a n n in g C o m m is s io n
P. O. Box 383 * Forsyth, Missouri 65653
Phone: 417 546-7225 / 7226 • Fax:417546-6861
COUNTY website: www.taneycounty.org

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Adjournment:
With no other business on the agenda for March 20, 2017 the meeting adjourned
at 7:18 p.m.