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 • F ax:417546-6861
website: www. taney county. orjj

MINUTES
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING/REGULAR MEETING
MONDAY, JUNE 11, 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, George Cramer, Dave Stewart, 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.

Review and Action:
May 14, 2018 minutes; with no additions or corrections a motion was made by
Mr. Caudill to approve the minutes as written. Seconded by Mr. Cramer. The vote to
approve the minutes was unanimous.

Public hearing and final votes:
#18-18, Unified Covenant LLC/proposed nightly rental located at 2155 Lakeshore
Dr. Mr. Starrett presented the staff report and location maps of the site. Chris Powers
and his brother Bryan representing the applicants clarified the request and addressed
questions and concerns. There were four property owners signed up to speak in
opposition of the request. Concerns were; additional traffic, noise, what type of people
renting the property, property supposed to be single family residential, well agreement
for single family only, road easement, private boat dock and boat being used by the
renters, pump was removed, property is for sale, and originally was going to be used as
a veterans home, and the lease applied for the permit not the owner of the property.
Mr. Powers stated that there were some inconsistencies in some of the dialog from the
property owners. He also quoted sections of the proposed decision of record, which
have been complied with in his opinion. Mr. Powers stated that Empire District gave
approval to occupy the property. He pointed out that the sign says "Lakeshore Dr.
Resort Area", proving in his opinion that this use is compatible with the surrounding
area. Mr. Fogle reported that the City of Branson Emergency Services will not respond
to the property. Further discussion followed regarding property rights and right to
occupy according to the Empire agreement. Mr. Faubion asked who put the property up
for sale. Mr. Powers stated that it was the applicant. Mr. Cramer asked if they intended
to allow anyone to occupy the boat dock. Mr. Powers stated that he couldn't com m ent
on that question, because there is no agreement. They don't want the liability of
someone using the property that they don't own. Renters won't be allowed to use th e
dock because it is not part of the request. With no further discussion a motion was
made by Mr. Cramer to deny the application. Seconded by Mr. Caudill. The vote in favor
of the motion was unanimous based upon Item (f) Appendix E Section 2.3 of the
development guidance code.

#18-21, Horvath Communications & Fortune Wireless/proposed wireless
communications facility including a guyed tower, located at 615 Deer Lane. Mr. Starrett
presented the staff report and location maps of the site. No one from the public signed
up to speak. Mr. Stewart asked if there would be co-location. The applicant
representative stated that there might be but not at this time. The tower will be at this
point for Verizon use only. Mr. Fogle asked where the closest tower was to this
property. The representative stated that there wasn't one within a half mile to his
knowledge. With no other discussion a motion was made by Mr. Faubion to approve
based upon the decision of record. Seconded by Mr. Fogle. The vote to approve w as
unanimous.

#18-23, Richard Fordyce/proposed car wash located on 11 acres off US Hwy.
160. Mr. Starrett presented the staff report and location maps of the site. Mr. Fordyce
would like to start with one bay to start, and privacy fence. Hours of operation would be
weekends and not too late in the day but not 24 hours a day. He has five trucks, and
maybe some other larger trucks from other companies. One person signed up to speak.
Mr. Jarrett Cole who owns the property next to this was concerned about wastewater
runoff, noise, lights, and hours of operation. Mr. Caudill stated that an engineered plan
from DNR should be turned in regarding the runoff. Mr. Cole's property was previously
a garage. Mr. Kitchen stated that the office received a letter also opposing the request.
Mr. Fordyce addressed the concerns. The Planning Commission asked if hours of
operation from 8-10 would be agreeable, and Mr. Fordyce agreed. He also has the
option of hooking to Lakeway Sewer, but feels it would be too costly. He plans an 8'
cedar privacy fence. With no other discussion a motion to approve was made by Mr.
Stewart with the hours of operation and lighting to be turned off at 10 and a security
light. Seconded by Mr. Caudill. The vote to approve was unanimous.

#18-24, Michael Gilchrist/proposed nightly rental located at 422 Sundown Lane.
Mr. Starrett presented the staff report and location maps of the site. Mr. Kitchen asked
why the buffer plan had not been submitted. Mr. Gilchrist stated that he could have it
by tomorrow. He felt that erecting a privacy fence would impede the neighbor from
mowing the property between the two properties. Seven people signed up to speak in
opposition to the request. Mr. Starrett reported that when he was on the property a
property owner stated to him that he was in favor of the request. Some of the concerns
were; compatibility, setting precedence, adequate wastewater disposal, noise, adequate
availability of water, added traffic, size of the structure, water runoff, and safety. Mr.
Gilchrist addressed the concerns. He stated that he wants to rent the house to offset
the cost while he travels for his job. Mr. Caudill asked who would maintain the property.
Mr. Gilchrist stated that he would hire a company to manage it. Mr. Stewart discussed
screening and that compatibility was an issue. Mr. Starrett stated that he discussed
buffering with the applicant. After discussion a motion was made to deny by Mr.
Faubion. Seconded by Mr. Fogle. The vote to deny was unanimous. Mr. Kitchen stated
that the applicant had the option to appeal.

#18-25, Emily & Jeremy Burcham/proposed nightly rental located at 351 Boston
Dr. Mr. Starrett presented the staff report and location maps of the site. Valerie Budd
representing the applicants clarified the request. Emily Burcham was also present.
Buffering will be placed on the two sides that do not have natural vegetation. Letters
were presented from property owners who approve of the request. Ms. Budd has 25
other properties she manages in this neighborhood. Eight people signed up to speak
opposing the request. Some concerns were; compatibility, subdivision covenants, public
safety, property values, traffic, parking, effect on a single family community, adequate
wastewater disposal, adequate water supply, county road maintenance, and atv's using
the trails behind the subdivision. Ms. Budd and Mrs. Burcham addressed the concerns.
Mr. Fogle discussed parking. After discussion a motion was made by Mr. Fogle to deny
the request. Seconded by Mr. Cramer. The vote to deny was unanimous.

Concepts:
#18-22, Bryan Charlton/proposed nightly rental located at 584 Hillcrest Dr. Mr.
Starrett presented location maps of the site. Mr. Charlton was not present. Mr. Stewart
made a motion to postpone. Seconded by Mr. Cramer. The vote to postpone was
unanimous.

#18-26, Shawn Porter/proposed nightly rental located at 392 Foggy River Rd.
Mr. Starrett presented location maps of the site. Mr. Starrett clarified that this applicant
is reapplying for lesser bedrooms making more parking spaces. He plans to put up a
sign regarding flooding. A property management company will be hired. This request
will proceed to the July 9, 2018 meeting.

Old and New Business:
No discussion.

Adjournment:
With no other business on the agenda for June 11, 2018 the meeting adjourned
at 8:27 p.m.