P&Z Regular Meeting Minutes

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

MINUTES
TANEY COUNTY PLANNING COMMISSION
REGULAR MEETING
MONDAY, JUNE 16, 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 eight members present. The were: Sarah
Klinefelter, Joey Staples, Jim Brawner, Frank Preston, Ray Edwards, Shawn
Pingleton, Mark Blackwell, and Randall Cummings. Staff present: Eddie Coxie,
Marla Pierce, Bonita Kissee, Dan Nosalek, Keith Crawford, and Bob Paulson.

Mr. Coxie read a statement explaining the meeting procedures.

Review and Action:
Minutes, May 2008: with no additions or corrections a motion was made
by Ray Edwards to approve the minutes as written. Seconded by Joey Staples.
The vote to approve was unanimous.

Final Votes:
Branson Storage: Gus Dahlberg requests approval to split an existing
parcel into two lots with improvements on one lot located off St. Hwy. 248. Mrs.
Klinefelter clarified the project. Eddie Wolfe represented the applicant. After
discussion a motion was made by Jim Brawner to approve based upon the
decision of record. Ray Edwards seconded. The vote to approve was unanimous.

Addition to Forest Lake at Stonebridge Village: Missouri Partners, Inc.
request to develop a single family subdivision and 9 hole golf course located off
Limestone Dr. Mrs. Klinefelter and Eddie Wolf clarified the project. There will be
an access off Keystone Road which is to the north. Fire protection will come from
Stone County. There is a question if Taney County will provide fire protection on
their side. After discussion a motion was made by Ray Edwards to approve based
upon the decision of record. Jim Brawner seconded. The vote to approve was
unanimous.

RKC Properties: New Horizons Community Church request to construct a
gym, office, and warehouse located at 1192 Bird Road. Eddie Wolfe represented
the developer. Mrs. Klinefelter clarified the project. After discussion a motion was

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 made by Randall Cummings to approve based upon the decision of record with
the addition of a temporary turn around in the form of a gravel hammerhead in
place of the current cui de sac. Seconded by Mark Blackwell. The vote to approve
was unanimous.

Wildflower Learning Center: Carla and Rick Quincey request to operate a
small private school located at 160 Old Glory Road. This project withdrew.

Highway 65 Project: This project was tabled at the April 2008 final vote
until a noise study could be done. A motion was made to remove this from the
table by Shawn Pingleton. Seconded by Jim Brawner. The vote to place the
request back on the table was unanimous. Mr. Coxie read the staff report again
to update the Commission on the project. Mrs. Klinefelter clarified the request.
Bob Allen representing the developer addressed questions from the Commission.
Mr. Allen stated that the first phase would amount to approximately eighty five
million dollars. Mrs. Klinefelter reported that letters from surrounding property
owners opposing the project have been received. Information in the form of
reports on noise have been done and the Planning Commission now feels they
are well informed enough to make a decision. Mr. Allen reported that the
developer will make sure that all rules will be followed and the developer plans to
be a good neighbor to the surrounding residents. He also reported on all the
studies that have been done on the project. Mr. Paulson clarified that the entire
project was applied for so the Planning Commission must approve or disapprove
the entire plan, not just part of it. Mr. Edwards discussed the Condominiums
being privately owned. Mr. Allen stated that these would be controlled by
management. Plans are that phase one will be built out by July 2010. Discussion
has begun with MoDot by the developer. Eddie Wolfe reported that there is an
existing road which will be tied to the outer road to Hwy. 160 in the first phase.
This will be done by the developer at his cost. Mr. Preston discussed the race
track and how it would benefit the area, and why the Planning Commission must
approve the entire project and not be able to remove the racetrack from the
plan. Mr. Allen stated that the race track is the major element and would take
away from the attractiveness of the project. Discussion followed regarding the
number of businesses in the area of the project. Thirty eight letters were sent
out to property owners. There is a bed and breakfast within 1000 feet. Mr. Allen
stated that the developer plans to monitor the decibel level of the race track. Mr.
Pingleton was concerned that the County does not have any authority to enforce
a noise ordinance. Mr. Wolfe stated that if the project is approved it contains
some residential and multi-family, which the developer would want to protect as
well. Mr. Allen stated that the developer does not want to build an offensive
project. Mr. Brawner stated that even though there has been a lot of
information, he still has a lot of questions before he could make a decision. Mr.
Edwards stated that they still don't know what kind of cars would be using the
track. Mr. Allen stated that the track would be dirt, limiting the types of racing

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that could be done. Mr. Wolfe stated that the Commission can't enforce the noise
anyway. Mrs. Klinefelter asked about protecting the crawfish that are
endangered in Emory Creek. Mr. Allen stated that all DNR regulations will be
followed regarding this matter and that every effort will be done to protect the
species. No problem is insurmountable in Mr. Allen's opinion. Mr. Wolfe stated
that the Corps of Engineers would be issuing the final permit on the dam. Mr.
Pingleton made a statement that the project in his opinion is not compatible and
there are too many questions in his mind that have not been answered. Mr.
Wolfe reminded the Commission that they approved a revision of the Cross
project which is a commercial venture and that it is just north of this one.
Further discussion followed regarding noise. Mr. Allen stated that if they could
make a certain decibel reading in the decision of record, they could comply with
it. After discussion a motion was made by Shawn Pingleton to deny. Seconded by
Ray Edwards. The vote to deny was six in favor, and one against. Mr. Pingleton
asked that all studies be included in the file for future reference.

Concepts: •
Burns Storage: K. Dan and Mary E. Burns request approval to construct
ten 10 x 20 storage units and move in six sea crates 8 x 40 for storage on
property located at 13839 St. Hwy. 160. Mrs. Burns explained her project and
location. Mrs. Klinefelter asked for location of access, buffering, and accessibility
to the units be presented before the public hearing. Mr. Pingleton suggested the
applicant contact MoDot regarding the entrance. This project will proceed to
public hearing next month.

Parkside Storage: Michael L. Patton requests approval to construct a metal
storage building with office space located at the corner of St. Hwy. 165 and Dale
Avenue. Mr. Patton explained his request. He has spoke with the sewer district
regarding hooking the office to the existing wastewater system. The application
included an additional building but Mr. Coxie explained that this request would
include the one building and office for now. This project will proceed to public
hearing next month.

Grannemann Vacation Home: Chad and Adriana Grannemann request to
operate a vacation home as weekly rentals from a single family dwelling located
at Winkle Road. Mr. Grannemann explained the request and presented location
maps and other information on the project. This property is the log cabin on the
corner across from a previously approved project for condominiums. This
property has been operating for three years as a nightly rental. The applicant
purchased the property as a single family dwelling then began renting but did
not know he needed a permit. Discussion followed. A motion was made by
Randall Cummings to cease operations until approval is given. Discussion
followed regarding enforcement. The applicant asked to be able to proceed
through the next month with his rental. Ron Herschend representing his
constituents stated that if the applicant had responded when first notified he
would not be in this situation, and asked that the Commission require the
applicant to cease and desist by the end"of the week. Further discussion followed
regarding other nightly rentals in the neighborhood. Mr. Preston explained some
concerns voiced to him from some of the neighbors. Mr. Grannemann reported
that they have never had any trouble from any of the people he has rented to
and he and his family and friends also stay in the house. Shawn Pingleton
seconded the motion by Mr. Cummings. The motion was unanimous for the
applicant to cease and desist in ten days from this meeting. This project will
proceed to public hearing next month.

Jernigan Subdivision: Barbara Jean Jernigan requests to subdivide a 1.07
acre lot into 3 residential lots located at 232 Bent Oak Road. Ms. Jernigan
explained her request. There is an existing residence on one lot. Discussion
followed. This project will proceed to public hearing next month.

Universal Auto and Accessories: Brian Karn requests to operate a used car
lot from an existing car wash located at 1225 Ridgedale Road. This project
postponed until next month.

Old and New Business:
Height Amendment: Mr. Coxie presented the new height amendment
revisions and explained how they were arrived at. This was presented to the
Commission a month ago, but the vote was postponed so the public could attend
before being sent to the County Commission for their approval. Discussion
followed regarding the policy checklist. Shawn Pingleton made a motion to send
the draft amendment to the County Commission for their approval. Seconded by
Mark Blackwell. The vote to approve was unanimous.

Mr. Coxie reported his findings on the nightly rental approval at Branson
Canyon as requested by the Commission last meeting.

Mr. Preston presented a new sign regarding nightly or weekly rental in
any single family residences being against the Code. This new sign as been
posted once so far. Mr. Herschend stated that this was done to protect the
public.

Adjournment:
With no other business on the agenda for June 16, 2008 a motion was
made by Ray Edwards to adjourn. Seconded by Jim Brawner. The vote to
adjourn was unanimous. The meeting adjourned at 9:10 p.m.