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. tcmeycounty. org
MINUTES
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING & REGULAR MEETING
MONDAY, MAY 13, 2019, 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, Dave Stewart,
Randy Haes, Devin Huff, George Cramer, and 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.

Mr. Kitchen made the announcement that this was Bonita Soutee's last Planning
Commission meeting as she is retiring, and thanked her for 40 years of service to Taney
County.

Review and Action:
April 8, 2019 minutes; with no additions or corrections a motion was made by
Mr. Haes to approve the minutes as written. Seconded by Mr. Stewart. The vote to
approve the minutes was unanimous.

Public Hearing and Final Vote:
#19-17 Crystal Glaser, proposed bakery and farmers market located at 1933
Maple St. Mr. Starrett presented the presented the staff report and location maps o f the
site. No one signed up to speak. Mr. Huff discussed the possibility of Taney County
constructing a road on the property. After discussion, Mr. Haes made a motion to
approve the project based upon the decision of record. Mr. Stewart seconded. Further
discussion followed regarding the applicant meeting with Mr. Huff. The vote to approve
was unanimous.

#19-12 Dennis Osborne, proposed nightly rental located at 114 Fieldstone. Mr.
Starrett presented the staff report and location maps of the site. Five people signed up
to speak. Mr. Osborne clarified his request. Concerns from the public were; noise,
availability of parking, safety of the residents, trash, enforcement of the covenants,
compatibility. Mr. Chris Lucchi property manager pointed out the phone numbers are
posted on the property and anyone at anytime can call his number he is just minutes
away. He stated that this driveway is bigger than most of the other villas. He presented
pictures of the driveway showing the parking spaces. Mr. Osborne addressed the
concerns. Mr. Faubion discussed the covenants and that the question of nightly rental is
addressed there. Mr. Kitchen stating that he is a resident at Branson Creek discussed
the 35% saturation during certain months of the year. Further discussion regarded the
developer telling some people nightly rentals were ok then others they were not. M r.
Faubion made a motion to approve based upon the decision of record. Mr. Haes
seconded. Discussion followed regarding parking two vehicles in the garage. The v o te
to approve was three in favor and three against. Mr. Kitchen stated his reason for
voting no and clarified compatibility in his opinion was saturation, developer
misrepresentation, and safety of the property owners. Mr. Starrett explained the
appeal process.

#19-13 Collin Fitzwater, proposed nightly rental located at 406 Foggy River Rd.
Mr. Starrett presented the staff report and location maps of the site. Mr. Fitzwater
clarified his request. He stated that he plans to plant shrubs on the property lines next
to the residential, he lives close by and plans to manage the property himself. No on e
signed up to speak. Mr. Starrett reported on the other requests for nightly rentals in the
neighborhood. Mr. Haes discussed evacuation if flooding occurs. This would be the job
of the management company according to Mr. Kitchen. Mr. Cramer discussed elevation.
With no other discussion a motion was made by Mr. Faubion to approve based upon the
decision of record. Mr. Haes seconded. Mr. Cramer clarified they had denied a nightly
rental down the road. The vote to approve was five in favor and one opposing. The
request was approved. Mr. Cramer stated that in good conscience he could not vote in
favor of a nightly rental that could potentially flood to six feet of water inside the house.

#19-15 Jana Hilt, proposed nightly rental use for 13 lots located in the Estates at
Majestic Pointe Subdivision. Mr. Starrett presented the staff report and location m aps of
the site. Mrs. Hilt was present to clarify her request. She presented a power point o f her
request. No one signed up to speak. Mrs. Hilt lives on lot 3. With no other discussion
from the Planning Commission a motion was made by Mr. Haes to approve based upon
the decision of record. Seconded by Mr. Stewart. The vote to approve was unanimous.

#19-16 Gregory Lott, proposed nightly rental located at 479 Hummingbird Hills
Lane. Mr. Starrett presented the staff report and location maps of the site. The
representative for Mr. and Mrs. Lott clarified the request. James Little representing the
homeowners assoc, reported that the covenants specifically stated this use is not
allowed. Mr. Starrett reminded that the Planning Commission does not enforce private
covenants. The representative addressed the question about the covenants. Mr.
Faubion pointed out that there are no other uses of this nature on this street. Mr.
Starrett stated that there are no others in this subdivision. Mr. Cramer asked if the
property is currently being used as nightly rental. The representative stated that it is.
After discussion a motion was made by Mr. Faubion to deny based upon that no other
nightly rentals are in the area. Seconded by Mr. Haes. The vote to deny was
unanimous. Mr. Kitchen explained the appeal process.
Concepts:
#19-19 Creation Ministries of the Ozarks, proposed Creation Museum, book store
and gift shop located at 200 Creation Lane. Mr. Starrett presented location maps o f the
site. Mr. Gary Brooks, board of directors clarified the request. He stated that they w a n t
to move the museum from the current location to this location. Discussion followed
regarding; traffic, funding, location, and concept drawings. This request will proceed to
the June 10 meeting.

#19-20 Bobby Harkness, proposed a two story four-plex for long term rentals
located at 192 Lafayette Lane. Mr. Starrett presented location maps and clarified th e
request. Mr. Harkness explained his plans. This project will proceed to the June 10
meeting.

#19-21 Taylor Kyle, proposed nightly rental located at 360 Lone Pine Rd. Mr.
Starrett presented location maps and clarified the request. Barbara Durham
representing the request explained the request and that her company will manage the
property. Discussion followed regarding the road width. This project will proceed to the
June 10 meeting.

#19-22 Chad Jensen, proposed nightly rental located at 188 Clymer St. Mr.
Starrett presented location maps and clarified the request. Mr. Jensen explained his
plans. Discussion followed regarding buffering, compatibility, parking and use. This
request will proceed to the June 10 meeting.

#19-23 TNT Finley Properties LLC, proposed nightly rental located at 244 Picket
Ridge Ct. Mr. Starrett presented location maps and clarified the request. Amy Dixon
representing the request explained the plans. She presented pictures and site plans of
the property. This request will proceed to the June 10 meeting.

#19-24 Bison Valley Development LLC, proposed nightly rental located 237
Picket Ridge Ct. Mr. Starrett presented location maps of the site. Amy Dixon
representing the request explained the plans. She presented pictures and site plans of
the property. This request will proceed to the June 10 meeting.

#19-25 City of Branson, proposed water tower located on 3.5 acres West St.
Hwy. 76. Mr. Starrett presented location maps and Mr. Kendall Powell, and Mr. Mike
Ray along with their engineer for the project presented the plans. This request will
proceed to the June 10 meeting.

Old and New Business:
Branson Land LLC, Division III Permit #10-09 Cell Tower located at 491 Branson
Creek Blvd. Mr. Starrett reported a call received requesting the decision of record and
that it had not been recorded. He asked for a motion to approve the existing decision of
record so it can be recorded. Mr. Haes made a motion to approve the decision of
record. Seconded by Mr. Faubion. The vote to approve was unanimous.

Taney County Guidance Code, Appendix S, Medical Marijuana. Mr. Starrett
reported on a meeting he attended regarding writing an ordinance regarding this.
Discussion followed.

Adjournment:
With no other business on the agenda for May 13, 2019 the meeting adjourned
at 7:55 p.m.