P&Z Public Hearing Minutes

TANEY COUNTY PLANNING COMMISSION
P. O . Box 383 • Forsyth, Missouri 65653
Phone: 417 546-7225 / 7226 • Fax: 417 546-6861
website: wlVlV .taneycounty.org

MINUTES
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
WEDNESDAY, FEBRUARY 13, 2008, 7:00 P.M.
ASSOCIATE CIRCUIT COURT, DIVISION II COURTROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Chairman Sarah Klinefelter called the meeting to order at 7:00 p.m. A
quorum was established with five members present. They were: Sarah
Klinefelter, Shawn Pingleton, Jim Brawner, Joey Staples, and Mark Blackwell.
Staff present: Eddie Coxie, Bonita Kissee, Dan Nosalek, Keith Crawford, and Bob
Paulson .

Eddie Coxle read a statement explaining the meeting procedures.

Public Hearings:
Ginger, LLC: request by Anthony W. Collier to construct three additional
buildings to the existing Dietary Supplement Manufacturing Facility in three
phases located at 10203 Mo. East Hwy. 76. Mr. Coxie read the staff report and
presented pictures and a video of the site. Kevin Hampton representing the
applicant addressed questions from the Commission. He stated that the three
buildings on completion will be attached. No one signed up to speak. Build out
date will be five years. The company takes precautions to manage any dust
emitted from the supplements. Traffic flow from the employees would be
approximately 50 employees at completion. There will only be seven employees
at first. Shipping will be done from this facility eventually. MoDot has been
contacted and at this point no changes to the access is needed. If sometime in
the future they wish to do another access MoDot has given tentative approval.
This project will proceed to final vote next week.

Cross Creek Development: request by RBA Inv. LLC, and GGW Inv. LLC, to
develop lots C5 and C7 as commercial located at St. Hwy. 76. Mr. Coxie read the
staff report and presented pictures and a video of the site. No one signed up to
speak. Duane Burton representing the developer addressed questions from the
Commission. Mr. Pingleton asked what kind of spec bUilding was planned. Mr.
Burton reported that it will be a retai l business. There were no other questions.
This project will proceed to final vote next week.
 Poverty Point Duplexes: request by Harry Hodges to construct a duplex
condominium development for whole ownership located at Dale Ave and Winkle.
Mr. Coxie read the staff report and presented pictures and a video of the site.
Jeff Hodges representing his father presented a site plan and addressed
questions from the Commission. Mr. Coxie reminded the Commission that they
had previously given approval for a project for this site, but it didn't proceed. He
explained how the duplexes would be sold and that there is no land wou ld be
sold with the building. Marilyn Beltz who lives in the neighborhood a mile from
th is request, discussed compatibility, density, drugs, smell from the sewer
system and traffic. Mr. Hodges discussed the use of the property and stated that
it could be hooked into the County Sewer System. He will not hold any interest in
the property once the units are all sold. A homeowners association is planned.
This project will proceed to final vote next week.

Vista Roya l: postponed until next month.

Builder's Marketplace: request by Paul Krueger to construct a warehouse
for a retail and wholesale business located at Jim Perry Road. Mr. Coxie read the
staff report and presented pictures and a video of the site. Phillip Story and Gala
Groom both voiced their support of the project. Mr. Krueger clarified the request
and addressed questions from the Commission . This project will be visible from
St. Hwy. 65. Initially there will be four buildings constructed then later a bigger
" anchor" store. The Commission suggested approval at th is time for all five
structures. This project will proceed to final vote next week.

Moments by Pat Photography: request by Pat Lambert to operate a
photography studio from her home located in Sterling Estates, Building H unit B
189 Sterling Way. Mr. Coxie read the staff report and presented pictures and a
video of the site. Mr. and Mrs. Lambert were present to address questions. Nikki
Liedke developer and homeowner of the Sterling Estates Subdivision, submitted
letters from neighbors opposing the request and read a prepared statement, with
other exhibits. Mrs. Liedke reported that the Lamberts never moved in the home
to live, only to use it as a business. Mrs. Liedke stated that she had visited the
home at Sterling Estates, and that it was set up as a photography business. She
reminded Mrs. Lambert that to use this home solely as a business would be
against the covenants of the subdivision, and had not received approval from
Planning and Zoning for this use. Mrs. Liedke presented pictures of the property
with several cars parked there on the street and on the landscape. Also delivery
trucks were seen coming and going from the property such as UPS, and FED EX
according to Mrs. Liedke who continued giving evidence of the business being
run from th is single family dwelling . Other concerns from surrounding property
owners were; traffic, compatibility, property va lues, parking, and private
covenants. Mrs. Klinefelter asked if there were any other small business in the
 subdivision. Mrs. Liedke stated that there was not then read the definition of
small business in the private covenants. Mr. and Mrs. Lambert addressed the
issues and stated that the Liedke's operate their construction business from their
home. They reported that this is their primary residence. The deliveries which
come to their home are personal not for their business. Most of the photography
sessions they do are off site according to Mrs. Lambert, which do not constitute
a large traffic flow from the home. She presented a commitment letter signed by
the Liedkes permitting them to do a photography business in their home. Mrs.
Lambert stated that she has rented a commercial studio to move the business to.
Also she has one employee which comes in approXimately once a week, and a
person who does advertising for them who only comes there occasionally. Mr.
and Mrs. Lambert stated that this has become a personal issue between them
and the Liedke's. Mrs. Klinefelter informed the Lamberts that the County
Planning Commission will decide if a special use permit will be granted for this
business. Mr. Pingleton asked if a studio is being rented, why did they need this
permit? Mrs. Lambert stated that it would be for her local customers. Mr. Coxie
reported that the office received a call from the Liedke's with a complaint
regarding this issue, and that is why this request has come before the
Commission. This project will proceed to final vote next week.

Images at the Cross: Mr. Coxie stated that Mr. Brown was present with
the additional information requested at the previous public hearing. Mrs.
Klinefelter stated that the Commission had asked for a site plan and a more
detailed request. Mr. Brown presented copies of non-profit status, IRS
requirements approval, and structural stability of the planned cross from the
engineering company. Mr. Brown pointed out the wing span of current aircrafts
and weight of the engines proving that this cross does not cause any more
issues than the many aircrafts would which are in the air everyday. He also
discussed parking, and location of the monorail, museum, cross, and sidewalks.
The service road will be located toward the back and side of the property. An
overview of the museum was presented and discussed by Mr. Brown. Mrs.
Klinefelter asked about the organization of the project. Mr. Brown stated that this
project would be endowed and then elaborated on the Board of Directors. Mr.
Blackwell asked how soon plans would be to build, with Mr. Brown stating that
the money would need to be obtained before construction begins with
construction to begin by the end of the year, and finished in 2009. Mrs.
Klinefelter discussed the longeVity of the project. Mr. Brown stated that his son
who is a lawyer would continue to offer help and advice in the future. This
project will proceed to final vote next week.

At this point Mrs. Klinefelter asked Mr. Paulson to discuss changes to the
Height Amendment and how this would affect this project. Mr. Paulson presented
his changes.

I
Old and New Business:
Tom Treat: Mr. Coxie stated that Mr. Treat wishes to allow the Taney
County Health Department to expand their facility into his bUilding and if the
Commission wished to approve this use. Mr. Treat stated that plans are to place
a temporary building for their use until the addition to the existing building can
be prepared. There will be twelve employees, a lab, and a minimum of
customers which would not pose a traffic flow issue. Mr. Pingleton who lives in
that area and represents that township feels this is a perfect area for this use.
The will of the Commission was that the temporary facility be allowed, then the
new construction should be presented into the Division III permit process.

David and Dawn Fandel: Eddie Wolfe explained that the Fandel's wished
to sell the existing structures on the previous approval be allowed to be sold as
whole ownership condominiums and causing the current resort to cease. No
more units would be added only the type of business would be changed.
Discussion followed regarding holding the property owners accountable. Shawn
Pingleton made a motion to accept this meeting as the concept, then allow this
to be on the agenda for public hearing. Mark Blackwell seconded. The vote was
unanimous to allow this request to proceed to public hearing next month.

Dave Hover: Mr. Coxie reported that this applicant wishes to include two
existing structures into the preViously approved condominium project, and stated
that there isn't room to split this property and be able to meet setback
requirements. John Hover brother of the applicant clarified the request. Mr.
Paulson pointed out that the basement of this house is below floodplain. Mr.
Coxie reported that this is grandfathered and if the use is changed should
conform to current standards. Mrs. Klinefelter stated that this should proceed
through the process. Mark Blackwell made a motion to allow this meeting to
serve as the concept hearing and allow it to proceed to public hearing next
month. Jim Brawner seconded. The vote was unanimous to proceed.

Discussion followed regarding directing staff to guide applicants through
the process rather than allowing them to present a request under old and new
business.

Emergency Use Waiver: Mr. Coxie reported on an issue last week
regarding a person to be buried on their property before a permit could be
obtained. Discussion regarding amending the Waiver to include cemeteries. Mr.
Paulson stated that this request should still come before them for a Division III
approval.

Mrs. Klinefelter thanked the County Commission for allowing a deputy to
be present in the hearing room from now on at all the meetings.