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: w/VllJ.taneycounty.org

MINUTES
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, MARCH 10, 2008, 7:00 P.M.
ASSOCIATE CIRCUIT COURT, DIVISION II COURTROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Vice-Chair Shawn Pingleton called the meeting to order at 7:00 p.m. A
quorum was established with five members present. They were: Shawn
Pingleton, Jim Brawner, Joey Staples, Frank Preston, and Randall Cummings.

Eddie Coxie read a statement explaining the meeting procedures.

Public Hearings:
Soup Shop: a request by Stan Kolar to operate a small restaurant to be
open for breakfast, lunch, and dinner located at 9383 East St. Hwy. 76 from an
existing structure. Mr. Coxie read the staff report and presented pictures and a
video of the site. No representative was present. This will be tabled until the
applicant contacts the office.

Dawn Hollow: a request by Robert Cleveringa to develop a single family
residential subdivision located off MM Hwy. to Yandell Cove Road then to an
existing road to the property. Plans are to develop two parcels surveyed off the
original 32 acre parcel. The applicant withdrew.

Dixon Storage: a request by Tri-Sons Construction to build additional
storage units at the existing business located at St. Hwy. 76 at the intersection of
Coon Creek Road. Mr. Coxie read the staff report and presented pictures and a
video of the site. Jack Houseman representing the developer explained the
request and stated that 110 additional units within three buildings are proposed.
There is 2.01 acres on the property. With no other questions this project will
proceed to final vote next week.

Walkington Villas: a request by Tri-Sons Construction to construct 12
buildings to be platted as condominiums located at Walkington Road off St. Hwy.
76. Mr. Coxie read the staff report and presented pictures and a video of the
site. Jack Houseman representing the applicant addressed the questions from
the public. Jeannie Sullenger who lives next to the development and
representing the other property owners voiced concerns regarding parking,
traffic safety, access, entrances to the residential development, adequate water
supply, electrical rates, lower income housing, property values, and location to
the residential development. Mr. Coxie addressed the concern of notification, and
parking requirements. Plans are to feed the traffic onto the state highway. There
are two other options to feed it through the subdivision but plans are not to do
that because it is a residential area. Mr. Pingleton asked that the applicant
provide bUilding height numbers next week and provide approval from the Sewer
District. This project is residential use only. The project will proceed to final vote
next week.

Mountain Country Propane: a request by SNB, LLC and Bryant
Landscaping Dev., LLC to operate a propane storage facility and office located at
985 East St. Hwy. 76. Mr. Coxie read the staff report and presented pictures and
a video of the site. Mike Yeary representing the applicant addressed questions
from the Commission. Plans are to use this site only. The tanks will be in the
very back of the property 250' from the highway. With no other questions or
discussion this project will proceed to final vote next week.

Briarwood Condominiums: a request by David Hover to include the
existing building located on the property at 1685 and 1707 Lakeshore Dr. as a
condominium. Mr. Coxie read the staff report and presented pictures and a video
of the site. Mr. Coxie stated that the reason for the request is because it doesn't
comply with the setbacks and to make it work into the condo request. John
Hover representing the project addressed questions. This property is out of the
floodplain and not an issue. With no other questions or discussion this project
will proceed to final vote next week.

Lakeshore Resort: a request by David and Dawn Fandel to develop 20
existing units as condominiums located off Lakeshore Drive. Mr. Coxie read the
staff report and presented pictures and a video of the site. The Commission
asked for clarification on the proposed use. Jack Houseman representing the
applicant addressed questions. The plans will stay the same as was approved
before except for this addition. Mr. Houseman stated that plans are for whole
ownership, but possibly be rented out in the future. Concerns were voiced by the
Commission regarding traffic. Mr. Houseman stated that this property is already
a resort and no added traffic should be generated. Final vote will be taken next
week.

Delmar Resort: a request by David and Dawn Fandel to sell the existing
cabins on this property as whole ownership condominiums located off Lakeshore
Dr. Mr. Coxie read the staff report and presented pictures and a video of the site.
Jack Houseman represented the applicant. This original approval will stay the
same except for this request. The plans are for whole ownership, however could
be rented out at a later date. Traffic was also a concern by the Commission. This
project will receive final vote next week.
 Anello Townhomes: a request by Peter V. Anello to construct 13 whole
ownership townhomes at 641 Lakeshore Dr. Mr. Coxie read the staff report and
presented pictures and a video of the site. There is an existing single family
dwelling on the property. The following property owners who spoke included all
requests on Lakeshore Drive in their concerns. Jeff Smithers lives in the
subdivision across the street spoke for some of the property owners in the
subdivision with concerns regarding traffic safety, access, density, wastewater
disposal, and adequate water supply. Jerry Jesche representing Kanakuk Kamp
voiced their concerns regarding increased traffic, traffic safety, and density.
Ahmed Salama who lives next door to this request was concerned with an
easement to the Lake and stated that he also has an easement which he
maintains for both. Tom Treat representing the applicant addressed the concerns
and reported that is there is a written easement with Mr. Salama the applicant
will honor it and if not would negotiate with him. He acknowledged the traffic
concerns and addressed the traffic study. There has been communication with
the County Sewer District, and has been told there is capacity for this project.
Mr. Treat stated that where the access is proposed seemed to be the best place
to put it. Three stories are planned at 35' tall 38' at the peak. Mr. Staples
addressed the number of projects on Lakeshore Dr. and suggested that maybe
smaller projects be planned. Mr. Preston reported a traffic study was done by
Great River Engineering in 1995 and stated that it concurred with the traffic
study mentioned. This study recommended a light and turning lanes from 76, but
there is not room. Mr. Preston recommended a signal light maximizing safety
issues but determining at whose cost whether it be County or the developers. If
a new traffic light is installed at the intersection of 76 at the Taneycomo Bridge
might make this intersection more congested. Mr. Jesche stated that sight
distances, access distance, speed and width of the road should also be
considered. Mr. Brawner discussed parking and availability. He also reported that
when the camp has special events and more people coming in they hire people
to direct traffic. With no other discussion this project will proceed to final vote
next week.

JST Truck Terminal: a request by Mike Swearingin to operate a truck
maintenance facility and parking lot for up to 10 dump trucks at 761 Ravenwood
Way. Mr. Coxie read the staff report and presented pictures and a video of the
site. This property is very close to the county line. No one signed up to speak.
Mr. Swearingin addressed questions from the Commission. A letter from Mr.
Youngblood a neighboring property owner was presented. Mr. Swearingin
presented a site plan of the request. He reported that when he filled in on his
property he allowed some rocks to roll over on Mr. Youngblood's property and
stated he would remove them. Mr. Crawford reported in a conversation with Mr.
Youngblood he stated concerns about erosion. This will be addressed in the
Decision of Record. Mr. Preston discussed the topography of the property and
would he want to limit himself to 10 trucks because there is plenty of room on
the site. Mr. Swearingin stated that he has another site in Ozark, but he needs a
location in this area. He only keeps three trucks there and hopes there will be a
need in the future for more. He would be open to be able to add more trucks to
the site. With no other questions or concerns this project will proceed to final
vote next week.

Saltzgiver Nightly Rental: a request by Gale J. and Cynthia A Saltzgiver to
operate a nightly rental from an existing single family dwelling located at 422
Iowa Colony Road. Mr. Coxie read the staff report and presented pictures and a
video of the site. Richard Bryant and another neighbor who lives approximately
100 yards from this location doesn't feel that this use is compatible. Jan Jones
representing the applicants presented pictures and site plan of the site. A brief
explanation of the request was presented stating that contact had been made
with the Sewer District. A meter will need to be installed for water usage as a
commercial property. She stated that this is a very small house and would only
rent to a small family or two couples at a time and would not generate a great
amount of traffic. In her opinion this use would not affect the neighbors. Mr.
Coxie stated that the fire district would required sprinkling, and would be
required to pay hotel/motel tax. He also reported that parking would not be an
issue. With no other questions or discussion this project will proceed to final vote
next week.

Vista Royal: a request by JAS, LLC to develop a condominium project on
2.70 acres located at 2307 and 2291 North St. Hwy. 265. Mr. Coxie read the staff
report and presented pictures and a video of the site. This location is between
two businesses. There was no one present to represent this request. There were
several people to speak to the request who wanted to be heard since they came
to the meeting. Dan Boone who owns a lot and business in the vicinity and lives
below this site does not feel this would be a good fit for the area. Steve Matlock
who developed the subdivision next to this request was concerned with
compatibility to the residential area and felt the plan was too dense and steep.
Mike and Dalina McKinster reside to the east of this property and were concerned
about access and traffic safety. They also were concerned about fill being
needed for the site and would cause stormwater runoff onto the residential site.
Jerry Hruska who developed the other subdivision below this request did not feel
this request was compatible. Mr. Preston suggested that the applicant be able to
hear the comments made this evening. This project will be tabled until the
applicant contacts the Planning Office.

Addition to the Taney County Health Department: a request by the Health
Department to construct an addition to the existing building located at the corner
of Bee Creek Road and Rinehart Road. Mr. Coxie read the staff report and
presented pictures and a video of the site. This request was heard at the last
meeting during old and new business and the Commission allowed that meeting
to act as the Concept hearing. Tom Treat representing the Health Department
addressed questions from the Commission. He stated that there will be a
temporary bUilding placed at the back of the property until the addition can be
completed. Sewer is available for the site. With no other questions or comments
this request will proceed to final vote next week.

Old and New Business:
Chapel Hills Estates: This project exceeded the 120 day deadline for
recording the Decision of Record and asked for an extension without having to
reapply. Nothing has changed from the original approval. This property could be
annexed into Merriam Woods in the future if he cannot get County Sewer
approval. The applicant prefers to hook to the County Sewer. Jim Brawner made
a motion to allow the applicant until March 14,2008 before 5:00 p.m. to record
without rehearing. Randall Cummings seconded. The vote was unanimous.

Tri-State Utilities: Mr. Coxie explained the request. Mrs. Epps the owner of
this company stated that they need to drill a new well and storage facility and
has only 60 days to comply with the Public Water Supply regulations. There is a
residence adjoining this property directly below this tract. The water storage
facility will be a half million gallons at a minimum or one million gallons which
would be 55' in diameter. A structure would also be built on the property. DNR
has been contacted and no problems have been found. The Commission
suggested hearing this in the Division III Process since it borders residential
property and request the biggest size storage tank for approval. Randall
Cummings made a motion to allow this meeting to be the Concept hearing, and
allow it to proceed to public hearing next month. Joey Staples seconded. The
vote to approve was unanimous. This project will proceed to public hearing April
14, 2008.

Pagett/Gardner Lot Split: Mr. Coxie reported that to approve a lot split
minor subdivision rules must be followed requiring a survey, Larry Gardner is
requesting a 3 lot subdivision. The property owner wished to subdivide two, 2
acre tracts of a 395 acre parcel leaVing a third parcel. Mr. Paulson addressed the
reasons why the regulations were written the way they were. Mr. Gardner
presented a preliminary survey. Discussion followed with Mr. Coxie explaining
why the Planning Commission must make this decision rather than staff. Mr.
Gardner and Mr. Coxie reported that many of these kinds of problems were
recorded as metes and bounds in the recorders office. A motion was made by
Jim Brawner to approve the three lot subdivision and that the third lot to be
shown as more than 20 acres. Joey Staples seconded. The vote to approve was
unanimous.
 During the discussion of the Gardner request, Jim Brawner made a motion
to extend the meeting past 9:30 p.m. Randall Cummings seconded. The vote to
extend the meeting was unanimous.

Twin Island Condominiums: This project exceeded the 120 day deadline
by 44 days for recording the Decision of Record and asked for an extension
without having to reapply. Nothing has changed from the original approval. Jim
Brawner made a motion to allow the applicant until March 14,2008 at 5:00 p.m.
to come in and have the Decision of Record recorded. Randall Cummings
seconded. The vote to approve was unanimous.

Eastland Hills Estates: This project exceeded to 120 day deadline by 1
year and 1 month for recording the Decision of Record and asked for an
extension without having to reapply. The applicant stated that the reason for this
was because he thought he had the property sold and waited for the buyer, but
ended up not selling it. Nothing has changed with the original request. Mr. Coxie
stated that normally after approval is given and recording done the applicant
must request an extension after a year if nothing has been done on the property,
making two basis for approval of the request. Frank Preston made a motion to
grant the extension for one year. Discussion followed by Mr. Pingleton that the
applicant must record the decision of record and be granted an extension at the
same time. Mr. Preston amended his motion to reflect this statement. Seconded
by Randall Cummings. The vote to approve was unanimous.

Mr. Pingleton, and Mr. Paulson discussed not allowing applicants to apply
for extensions in the future.

Moments by Pat Photography: a request by Mrs. Lambert to have two
items of the Planning Commission's decision of record amended to add more
hours of operation, and outdoor photography. Mr. Pingleton who made the
motion explained his intent and stated that at 5:00 should be over for the day
and that a commercial operation outside the home should be considered. She
stated that the college student that she uses would not be able to come to her
home until after school. Mr. Pingleton stated that requirement only meant
clients. The college student would be allowed to come by the home. Mr.
Pingleton stated that the reason for not allowing outdoor photography was that
condo owners do not own the land only the condo and should not allow business
on the outside. Further discussion ensued clarifying the points of the decision of
record for the applicant. Mr. Pingleton stated to Mrs. Lambert that the decision of
record stands with Mr. Paulson clarifying.

Mr. Coxie reported that a request had been made to the office to place a
restaurant in the Hunters Run building. This building originally housed a
restaurant. The Commission stated this request must come through the Division
III Process.

Mr. Coxie also explained another piece of property sold in metes and
bounds, never recorded or approved by the Planning Commission. The owner is
in the process of getting her affairs in order and wants to know how to proceed.
The Commission suggested more research be done and be presented at the next
meeting. Mr. Paulson will do the research and report under old and new business
next week.

Adjournment:
With no other business on the agenda for March 10, 2008 a motion was
made by Randall Cummings to adjourn. Seconded by Jim Brawner. The vote to
adjourn was unanimous. The meeting adjourned at 9:55 p.m.