Planning Commission Meeting Minutes

T a n e y C o u n t y P la n n in g C o m m issio n
P, O. Box 383 • Forsyth, Missouri 65653
Phone: 417 546-7225 / 7226 • Fax: 417 546-6861
website: www. taneycounty. or,g

MINUTES
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING AND REGULAR MEETING
MONDAY, APRIL 9, 2018, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Chairman Howard Kitchen called the meeting to order at 6:00 p.m. A quorum
was established with six members present. They were: Howard Kitchen, Rick Caudill,
Doug Faubion, Randy Haes, George Cramer, and Dave Stewart. Staff present: S co tt
Starrett and Bonita Kissee-Soutee.

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

Review and Action:
March 2018 Minutes; with no additions or corrections a motion was made b y Mr.
Caudill to approve the minutes as written. Seconded by Mr. Cramer. The vote to
approve the minutes was unanimous.

Public Hearing and Final Vote:
#18-07, Gary Williamson/Lori White, Beau's Backyard, Proposed small animal
petting zoo, day camp for children and woofing for younger adults on up located a t
1123 & 1261 Keithley Road. Mr. Starrett read the staff report and presented location
maps of the site. Ms. White was present, and had nothing to add. Mr. Faubion asked
about state requirements. The applicant has checked with them. No one signed up to
speak. Discussion followed regarding location. After discussion Mr. Haes made a motion
to approve based upon the decision of record. Seconded by Mr. Stewart. The vote to
approve was unanimous. Mr. Starrett explained the decision of record process.

#18-08, Bill Thibodeaux/Willie Billeys, Proposed tool and equipment rental, pawn
shop, boat repair and 6 cabins for short and long term rental located at 19948 US Hwy.
160. Mr. Starrett read the staff report and presented location maps of the site. Mr.
Thibodeaux was present. Mr. Faubion clarified that the new cabins would be built
where the old cabins were. Mr. Stewart clarified there was adequate wastewater
disposal. Mr. Caudill asked when the old cabins were torn down. Mr. Thibodeaux
thought about 8-10 years ago. Discussion followed regarding wastewater disposal. The
Commission cautioned the applicant that the old system might not measure up to
today's standards and he should check with DNR. The project will be phased. Mr. Luis
Alveres who lives across the street expressed concerns regarding compatibility. Joni
Armer who also lives across the street asked that if it is approved that conditions be
placed on the approval regarding having a survey done to clarify how much of the
property can be used. Mr. Thibodeaux pointed out that this property has always b e e n
commercial and all the neighbors knew this. Mr. Starrett explained performance zoning.
After discussion a motion was made by Mr. Stewart based upon the decision of record.
Seconded by Mr. Caudill. The vote to approve was unanimous. Mr. Starrett explained
the decision of record process.

#18-09, Domenick Bausano, Proposed nightly rental from an existing four
bedroom single family residence located at 326 Happy Hollow Road. Mr. Starrett re a d
the staff report and presented location maps of the site. Mr. Bausano was present.
Discussion followed regarding compatibility, location, and buffering. No one signed up
to speak. Mr. Stewart discussed the wastewater system. Mr. Bausano read a letter from
a property owner in support of the request. The applicant has done nightly rental f o r 8
years at this location. After discussion a motion was made by Mr. Caudill to approve
based upon the decision of record. Seconded by Mr. Cramer. The vote to approve w a s
five in favor and one opposing.

#18-10, Jerry Mottinger/Greggory Stephenson, Proposed nightly rental located at
122 Fieldstone Dr. to transfer approval to the new property owner. During the process
of approval for Mr. Mottinger, he found out that he had health concerns and needed to
sell the property. Mr. Starrett read the staff report and presented location maps of the
site. Joyce Schmaucher was present to represent the applicants, and explained th e re
would be no changes from the original approval. Three people signed up to oppose the
request. The first to speak was Karen Murphy who pointed out that in her opinion th e
Code does not allow for transference of special use permits to a new owner. She
reported that a similar case has been appealed to the Board of Adjustment and is
waiting for a legal opinion to be rendered. Mrs. Murphy also discussed buffering. S he
asked the Planning Commission to obtain a legal opinion before giving approval for this
request. Susan Smith another property owner spoke in opposition of this request. She
pointed out there were nightly rentals operating without permits in the beginning and
there is incompatibility existing in the development. She pointed out the discrepencies
of this request to the Code in her opinion. Saundra Strange the last to speak, was
previously a property owner in the development, and was representing the Barkers who
live there. They were concerned about transferring the use to another person who is
not the current owner. Mrs. Strange pointed out what the Code states about special
use permits to the Commission. She also discussed buffering, and noise, liability
insurance, safety of the community, and that six condos have been put up for sale.
With no other discussion from the public, the Planning Commission discussed the
transferring of special use permits. Mr. Caudill reiterated that this property owner
developed health problems before he could move into the property, which was w hy he
wanted to pass the approval to a new owner. Mr. Starrett explained number of
bedrooms. Ms. Schmaucher reported that this property had been used as a nightly
rental for a long time. Mr. Stewart discussed transference of special use permits. Mr.
Cramer pointed out that the Planning Commission has final approval. Mr. Starrett
pointed out that the application was the same development plan that was approved and
presented as a maximum occupancy of six. After discussion a motion was made b y Nr.
Caudill to approve based upon the decision of record. The motion died for lack of
second. Mr. Haes made a motion to deny, there was no second for that motion. M r.
Faubion discussed that in his opinion the Code is written that the owner can ask f o r
approval and the Planning Commission should act on their rules. Mr. Cramer seconded
Mr. Caudill's motion. The chairman called to a vote which was 4-2 in favor. Discussion
followed that the motion voted on was announced dead for lack of second thus it co u ld
not be voted on. The Commission let the applicant know that no decision was m ade.
Mr. Starrett explained to the applicant the appeal process.

#18-11, M.H. Brittain/Taney County Regional Sewer District, Proposed o ffice and
shop facilities located at 6733 E. St. Hwy. 76. Mr. Starrett read the staff report and
presented location maps of the site. Mr. Brad Albritton Sewer District Administrator was
present and explained the shop would be constructed first, then the office. There a re
no plans to put in a wastewater treatment plant. Mr. Mike Brittain who owns the
property, spoke on behalf of the surrounding property owners that the sewer d istrict
would not be processing or hauling in sewage to the property. This will be added t o the
decision of record. Mr. Albritton stated that there would be some maintenance of
equipment and storage of trucks. After discussion a motion was made based upon th e
decision of record with the addition. The motion was seconded by Mr. Haes. The vote
to approve was five in favor and one abstention.

Mr. Cramer made a motion to take a five minute break. The vote was unanimous.

Concepts:
#18-13, Turkey Crossing/Proposed 6 single family homes for nightly rental,
located at Jones Road and Seiler Road. Mr. Starrett presented location maps of the site.
A representative was present to clarify the request. There are 25 nightly rentals in that
area that they own. This will be log homes similar to the ones already there. Discussion
followed regarding why this isn't special use. Mr. Faubion explained that a replat should
be done to include four cabins per lot. Mr. Kitchen explained that this project will
proceed to public hearing and final vote next month.

#18-14, Dean Donat/Proposed nightly rental located at 2395 Yandell Cove Road.
Mr. Starrett presented location maps of the site. Mr. Donat was present. The house will
be 1600 sq. ft. with 3 bedrooms. With no discussion this project will proceed to public
hearing and final vote next month.

#18-15, Dr. Billye Brim/Proposed nightly rental located at 434 Parksley Lane. Mr.
Starrett presented location maps of the site. Tony Krukow representing the applicant
clarified the request. There are three bedrooms and two bathrooms. This will be for
housing parishioners overnight for the church across the street, or relatives, or overflow
from Prayer Mountain of the Ozarks. Mr. Starrett asked the Planning Commission if they
wanted a buffer plan. The Commission wants a buffer plan for every nightly rental
request. This project will proceed to public hearing and final vote next month.

#18-16, Michael Messenger/Proposed Archery Range located at 633 N ew port
Road. Mr. Starrett presented location maps of the site. Mr. Wilson and Mr. Beckett w ere
present to clarify the request. This business has been operating for a while, but t h e
applicants stated they did not know a permit was required. There are special times of
the year to raise money for people who need it. This project will proceed to public
hearing and final vote next month.

#18-17, Shawn Porter/Proposed nightly rental located at 392 Foggy River Road.
Mr. Starrett presented location maps of the site. Mr. Porter was present. They plan to
use it as a family vacation home and when not in use by the family they want to re n t to
the public. This project will proceed to public hearing and final vote next month.

#18-19, Lakestyle LLC/Proposed boat dock parking located on Lot 21 Happy
Hollow Road. Mr. Starrett presented location maps of the site. Eddie Wolfe representing
the applicant clarified the request. There was brief discussion. This project will proceed
to public hearing and final vote next month.

#18-20, MAPS Enterprise LLC/Proposed RV and Boat Storage located at 745
Rinehart Road. Mr. Starrett presented location maps of the site. Eddie Wolfe
representing the applicant clarified the request. There was brief discussion. This project
will proceed to public hearing and final vote next month.

Old and New Business:
Mr. Kitchen presented the resignation letter from Mr. Haes who is retiring at the
end of the month. Devon Huff will be replacing Mr. Haes.

Adjournment:
With no other business on the agenda for April 9, 2018 the meeting adjourned at
8:00 p.m.