PLANNING AND ZONING PACKET MARCH 2007

AGENDA
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, MARCH 12, 2007, 7:00 P.M.
ASSOCIATE CIRCUIT COURT, DIVISION II COURTROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Establishment of Quorum
Explanation of Meeting Procedures
Presentation of Exhibits

Public Hearings:
Tutorial/Trade School
VHC Storage
Coon Creek Business Park
Steve Harris Project
Autumn Ridge
165 Marina View
Briarwood Phase 2
Superior Rents
Emory Creek Ranch
Cascades
Monarch Gym
Chateau Cove
Wilderness Valley LLC
Northwoods Estates

Old and New Business:

Estates on Lea Ridge
Stage Coach RV Lot Split

Adjournment.
 AGENDA
TANEY COUNTY PLANNING COMMISSION
REGULAR MEETING
MONDAY, MARCH 19, 2007, 7:00 P.M.
ASSOCIATE CIRCUIT COURT, DIVISION II COURTROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Establishment of Quorum
Explanation of Meeting Procedures

Review and Action:

Minutes, February 2007

Final Votes:
Tutorial/Trade School
VHC Storage
Coon Creek Business Park
Steve Harris Project
Autumn Ridge
165 Marina View
Briarwood Phase 2
Suuperior Rents
Emory Creek Ranch
Cascades
Monarch Gym
Chateau Cove
Wilderness Valley LLC
Northwoods Estates

Concepts:
Spring Ridge Estates
Kassel Rock
Patton Subdivision
The Jewelry Studio
Westgate Branson Lakes at Emerald Pointe
Poverty Point Lake Lots
Big Cedar Wilderness Club

Old and New Business:

Adjournment.
 TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
TUTORIAL/TRADE SCHOOL
MARCH 12, 2007
#07-05

Public Hearing for Tutorial/Trade School located at Deer Lane Road in the Swan Township, Sec.
35 Twp. 23 Rng. 20.

The applicant, Aaron Boldman request approval to operate an accredited tutorial trade school.

History: Approved for Concept February 20, 2007.

General Description: The subject property contains 10 acres and is located at the end of Deer
Lane Road on the right where the blacktop ends. The adjoining properties to the request consist
of residential and agricultural.

Review: The proposed will be serviced by individual wastewater system and private well.

Summary: If the Taney County Planning Commission approves this request, the following
requirements shall apply, unless revised by the Planning Commission:

1. Compliance with the provisions of the Taney County Development Guidance Code that
include plans for the following:

a. Sediment and erosion control (Appendix B Sec. VI Item 2).

b. Stormwater management (Appendix B Item 3)
c. Land grading permit (Appendix B)
d. Delineation of the 100 year floodplain (Taney County Floodplain Management
Ordinance 60.3b Sec. A)
e. Utility easements and building line setbacks (Table 12)
f. Foliage screening or fencing for commercial area that adjoins residential tracts
(Appendix C)
g. Improvements with scale of buildings, streets, onsite parking and utilities (Table
6)

2. Compliance letters from the Fire, Sewer and Water Districts (Chapter VI-VII).

3. No outside storage of equipments or solid waste materials.

4. Division II Permits will be required for all applicable structures in the development
(Chapter 3 Sec. I Item B).

5. The Decision of Record shall be filed with the Taney County Recorder’s Office within 120
days or the approval shall expire (Chapter II Item 6).
 TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
VHC STORAGE BUILDING ADDITION
MARCH 12, 2007
#07-01

Public Hearing for VHC Storage building addition located off St. Hwy. 76 in the Swan Township,
Sec. 19 Twp. 22 Rng. 20.

The applicant Ken Kline requests approval to construct an additional warehouse/logistics facility
adjacent to the current building.

History: Approved for Concept February 20, 2007.

General Description: The subject property contains 21.93 acres and is located off St. Hwy. 76.
The adjoining properties to the request consist of commercial, residential, and agriculture.

Review: The proposed site will consist of an 11,250 sq. ft. building. The property is serviced by
an individual sewer system and Public Water Supply District #2.

Summary: If the Taney County Planning Commission approves this request, the following
requirements shall apply, unless revised by the Planning Commission:

1. Compliance with the provisions of the Taney County Development Guidance Code that
include plans for the following:

a. Sediment and erosion control (Appendix B Sec. VI Item 2)

b. Stormwater management (Appendix B Item 3)
c. Land grading permit (Appendix B)
d. Delineation of the 100 year floodplain (Taney County Floodplain Management
Ordinance 60.3b Sec. A)
e. Utility easements and building line setbacks (Table 12)
f. Foliage screening or fencing for commercial area that adjoins residential tracts
(Appendix C)
g. Improvements with scale of buildings, streets, onsite parking and utilities (Table
6)

2. Compliance letters from the Fire, Sewer and Water Districts (Chapter VI-VII).

3. No outside storage of equipment or solid waste materials.

4. Division II Permits will be required for all applicable structures in the development
(Chapter 3 Sec. I Item B).

5. The Decision of Record shall be filed with the Taney County Recorder’s Office within 120
days or the approval shall expire (Chapter II Item 6).
 TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
COON CREEK BUSINESS PARK
MARCH 12, 2007
#07-08

Public Hearing for Coon Creek Business Park located at Coon Creek Road in the Oliver Township,
Sec. 10 Twp. 22 Rng. 21.

The applicant, Ken Barth, requests approval to construct an office warehouse and retail structure.

History: Approved for Concept February 20, 2007.

General Description: The subject property contains 12.10 acres and is located off St. Hwy. BB
and Coon Creek Road. The adjoining properties to the request consist of commercial, residential,
agricultural, and municipality.

Review: The property will be serviced by the City of Hollister sewer and water.

Summary: If the Taney County Planning Commission approves this request, the following
requirements shall apply, unless revised by the Planning Commission:

1. Compliance with the provisions of the Taney County Development Guidance Code that
include plans for the following:

a. Sediment and erosion control (Appendix B Sec. VI Item 2)

b. Stormwater management (Appendix B Item 3)
c. Land grading permit (Appendix B)
d. Delineation of the 100 year floodplain (Taney County Floodplain Management
Ordinance 60.3b Sec. A)
e. Utility easements and building line setbacks (Table 12)
f. Foliage screening or fencing for commercial area that adjoins residential tracts
(Appendix C)
g. Improvements with scale of buildings, streets, onsite parking the utilities (Table
6)

2. Compliance letters from the Fire, Sewer and Water Districts (Chapter VI-VII).

3. No outside storage of equipment or solid waste materials.

4. Division II Permits will be required for all applicable structures in the development
(Chapter 3 Sec. I Item B)

5. The Decision of Record shall be filed with the Taney County Recorder’s Office within 120
days or the approval shall expire (Chapter II Item 6).
 TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
STEVE HARRIS PROJECT
MARCH 12, 2007
#07-10

Public Hearing for Steve Harris Project located at 344 Blackberry Lane in the Oliver Township,
Sec. 18 Twp. 21 Rng. 21.

The applicant, Steve Harris requests approval to develop a single family residential subdivision.

History: Approved for Concept February 20, 2007.

General Description: The subject property contains 25 acres and is located off Blackberry Lane.
The adjoining properties to the request consist of residential and agricultural.

Review: The proposed site will consist of 6 lots ranging in size from 2 to 7 acres. The property
will be serviced by individual septics and a private well.

Summary: If the Taney County Planning Commission approves this request, the following
requirements shall apply, unless revised by the Planning Commission:

1. Compliance with the provisions of the Taney County Development Guidance Code that
include plans for the following:

a. Sediment and erosion control (Appendix B Sec. VI Item 2)

b. Stormwater management (Appendix B Item 3)
c. Land grading permit (Appendix B)
d. Delineation of the 100 year floodplain (Taney County Floodplain Management
Ordinance 60.3b Sec. A)
e. Utility easements and building line setbacks (Table 12)
f. Foliage screening or fencing for commercial area that adjoins residential tracts
(Appendix C)
g. Improvements with scale of buildings, streets, onsite parking and utilities (Table
6)

2. Compliance letters from the Fire, Sewer and Water Districts (Chapter VI-VII).

3. No outside storage of equipment or solid waste materials.

4. Division I Permits will be required for all applicable structures in the development
(Chapter 3 Sec. Item B).

5. The Decision of Record shall be filed with the Taney County Recorder’s Office within 120
days or the approval shall expire (Chapter II Item 6).
 TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
AUTUMN RIDGE
MARCH 12, 2007
#06-88

Public Hearing for Autumn Ridge located off St. Hwy. 165 in the Oliver Township, Sec. 24 Twp.
22 Rng. 22.

The applicant, Tri-Sons Construction and Development to develop a condominium project.

History: Approved for Concept February 20, 2007.

General Description: The subject property contains 11.55 acres and is located off St. Hwy. 165.
The adjoining properties to the request consist of residential, agricultural and multi-family.

Review: The proposed request will consist of 30 buildings with 4 units per building with a total of
130 units and will be platted as condominiums. The site is to be serviced by Taney County
Regional Sewer District and water from Aqua Missouri.

Summary: If the Taney County Planning Commission approves this request, the following
requirements shall apply, unless revised by the Planning Commission:

1. Compliance with the provisions of the Taney County Development Guidance Code that
include plans for the following:

a. Sediment and erosion control (Appendix B Sec. VI Item 2)

b. Stormwater management (Appendix B Item 3)
c. Land grading permit (Appendix B)
d. Delineation of the 100 year floodplain (Taney County Floodplain Management
Ordinance 60.3b Sec. A)
e. Utility easements and building line setbacks (Table 12)
f. Foliage screening or fencing for commercial area that adjoins residential tracts
(Appendix C)
g. Improvements with scale of buildings, streets, onsite parking and utilities (Table
6)

2. Compliance letters from the Fire, Sewer and Water Districts (Chapter VI-VII).

3. No outside storage of equipment or solid waste materials.

4. Division I Permits will be required for all applicable structures in the development
(Chapter 3 Sec. I Item B).

5. The Decision of Record shall be filed with the Taney County Recorder’s Office within 120
days or the approval shall expire (Chapter II Item 6).
 TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
165 MARINA VIEW
MARCH 12, 2007
#07-09

Public Hearing for 165 Marina View Restaurant located at 5403 ST. Hwy. 165 in the
Oliver Township, Sec. 27 Twp. 22 Rng. 22.

The applicant, Rodney and Carla Wright request approval to operate a restaurant.

History: Approved for Concept February 20, 2007.

General Description: The subject property contains 2.76 acres into a restaurant/take out
business to be added to a previous approval for a convenience store and boat storage
business. The adjoining properties to the request consist of commercial.

Review: The proposed site will consist of a restaurant to seat up to 27 people. The
property is to be serviced by central sewer and a private well.

Summary: If the Taney County Planning Commission approves this request, the
following requirements shall apply, unless revised by the Planning Commission:

1. Compliance with the provisions of the Taney County Development Guidance

Code that includes plans for the following:

a. Utility easements and building line setbacks (Table 12)

b. Foliage screening or fencing for commercial area that adjoins residential
tracts (Appendix C)
c. Improvements with scale of buildings, streets, onsite parking and utilities
(Table 6)

2. Compliance letters from the Fire, Sewer and Water Districts (Chapter VI-VII).

3. No outside storage of equipment or solid waste materials.

4. Division II Permits will be required for all applicable structures in the

development (Chapter 3 Sec. I Item B).

5. The Decision of Record shall be filed with the Taney County Recorder’s Office
within 120 days or the approval shall expire (Chapter II Item 6).
 TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
MARCH 12, 2007
BRIARWOOD PHASE 2
#07-04

Public Hearing for Briarwood Phase 2 located at Lakeshore Dr. in the Branson Township, Sec. 28
Twp. 23 Rng. 21.

The applicant, David Hover requests approval to construct additional units with parking.

History: Approved for concept February 20, 2007.

General Description: The subject property contains 3.39 acres and is located off Lakeshore Dr.
The adjoining properties to the request consist of commercial, residential, multi family and
agricultural.

Review: The proposed site will consist of 24 unit buildings with parking garages on the bottom
floors. The property is to be serviced by Taney County Regional Sewer District and a community
well.

Summary: If the Taney County Planning Commission approves this request, the following
requirements shall apply, unless revised by the Planning Commission:

1. Compliance with the provisions of the Taney County Development Guidance Code that
include plans for the following:

a. Sediment and erosion control (Appendix B Sec. VI Item 2)

b. Stormwater management (Appendix B Item 3)
c. Land grading permit (Appendix B)
d. Delineation of the 100 year floodplain (Taney County Floodplain Management
Ordinance 60.3b Sec. A)
e. Utility easements and building line setbacks (Table 12)
f. Foliage screening or fencing for commercial area that adjoins residential tracts
(Appendix C)
g. Improvements with scale of buildings, streets, onsite parking and utilities (Table
6)

2. Compliance letters from the Fire, Sewer and Water Districts (Chapter VI-VII)

3. No outside storage of equipment or solid materials.

4. Division I Permits will be required for all applicable structures in the development
(Chapter 3 Sec. I Item B).

5. The Decision of Record shall be filed with the Taney County Recorder’s Office within 120
days or the approval shall expire (Chapter II Item 6).
 TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
SUPERIOR RENTS
MARCH 12, 2007
#07-02

Public Hearing for Superior Rents located at 221 B Adair Rd. in the Branson Township,
Sec. 5 Twp. 23 Rng. 21.

The applicant, Steve Wohnoutka requests approval to operate an equipment rental

business from an existing building.

History: Approved for Concept February 20, 2007.

General Description: The subject property contains 4.1 acres and is located on the outer
road parallel to St. Hwy. 65. The adjoining properties to the request consist of
commercial.

Review: The proposed site will consist of some interior remodel of the existing main
building for the purpose of renting tools and equipment. Access will be from Adair Road.
The property is to be serviced by an individual septic tank and community well.

Summary: If the Taney County Planning Commission approves this request, the
following requirements shall apply, unless revised by the Planning Commission:

1. Compliance with the provisions of the Taney County Development Guidance

Code that include plans for the following:

a. Improvements with scale of buildings, streets, onsite parking and

utilities (Table 6)

2. Compliance letters from the Fire, Sewer and Water Districts (Chapter VI-VII).

3. No outside storage of solid waste materials.

4. Division II Permits will be required for all applicable structures in the

development (Chapter 3 Sec. I Item B).

5. The Decision of Record shall be filed with the Taney County Recorder’s Office
within 120 days or the approval shall expire (Chapter II Item 6).
 TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
EMORY CREEK RANCH PHASE III
MARCH 12, 2007
#07-07

Public Hearing for Emory Creek Ranch Phase III located at St. Hwy. 248 in the Branson and
Jasper Townships, Sec. 25, 30, 31, Twp. 24 Rng. 22, 21.

The applicant, Emory Creek Ranch, LLC requests approval to develop 216 lots.

History: Approved for Concept February 20, 2007.

General Description: The subject property contains 217.76 acres into 216 lots. The adjoining
properties to the request consist of residential and agricultural.

Review: The proposed site will consist of 216 residential lots. Access will be from St. Hwy. 248.
The property is to be serviced by a private treatment plant, and community well or Public Water
Supply District #3.

Summary: If the Taney County Planning Commission approves this request, the following
requirements shall apply, unless revised by the Planning Commission:

1. Compliance with the provisions of the Taney County Development Guidance Code that
include plans for the following:

a. Sediment and erosion control (Appendix B Sec. VI Item 2)

b. Stormwater management (Appendix B Item 3)
c. Land grading permit (Appendix B)
d. Delineation of the 100 year floodplain (Taney County Floodplain Management
Ordinance 60.3b Sec. A)
e. Utility easements and building line setbacks (Table 12)
f. Foliage screening or fencing for commercial area that adjoins residential tracts
(Appendix C)
g. Improvements with scale of buildings, streets, onsite parking and utilities (Table
6)

2. Compliance letters from the Fire, Sewer and Water Districts (Chapter VI-VII).

3. No outside storage of equipment or solid waste materials.

4. Division I Permits will be required for all applicable structures in the development
(Chapter 3 Sec. I Item B).

5. The Decision of Record shall be filed with the Taney County Recorder’s Office within 120
days or the approval shall expire (Chapter II Item 6).
 TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
CASCADES
MARCH 12, 2007
#07-11

Public Hearing for the Cascades located at the intersection of St. Hwy. 176 and 65 in the Jasper
Township, Sec. 8, 17 Twp. 24 Rng. 21.

The applicant, Design Dev. Group, LLC and WGV Assoc., LLC request to develop a patio home
project with amenities.

History: Approved for Concept February 20, 2007.

General Description: The subject property contains 55.4 acres and is located at the southeast
corner of intersection of St. Hwy. 176 and 65. The adjoining properties to the request consist of
residential and agricultural.

Review: The proposed site will consist of two plex and four plex patio homes, welcome center,
offices, clubhouse, recreation center, pool, spa, tennis/racquetball courts, and gated access. The
property will be serviced by a treatment plant and community well.

Summary: If the Taney County Planning Commission approves this request, the following
requirements shall apply, unless revised by the Planning Commission:

1. Compliance with the provisions of the Taney County Development Guidance Code that
include plans for the following:

a. Sediment and erosion control (Appendix B Sec. VI Item 2)

b. Stormwater management (Appendix B Item 3)
c. Land grading permit (Appendix B)
d. Delineation of the 100 year floodplain (Taney County Floodplain Management
Ordinance 60.3b Sec. A)
e. Utility easements and building line setbacks (Table 12)
f. Foliage screening or fencing for commercial area that adjoins residential tracts
(Appendix C)
g. Improvements with scale of buildings, streets, onsite parking and utilities (Table
6)

2. Compliance letters from the Fire, Sewer and Water Districts (Chapter VI-VII).

3. No outside storage of equipment or solid waste materials.

4. Division I and II Permits will be required for all applicable structure in the development
(Chapter 3 Sec. I Item B).

5. The Decision of Record shall be filed with the Taney County Recorder’s Office within 120
days or the approval shall expire (Chapter II Item 6).
 TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
MONARCH GYMNASTICS CHEERLEADING AND DANCE
MARCH 12, 2007
#07-12

Public Hearing for the Monarch Gym located at 111 Warehouse Road in the Branson
Township, Sec. 16 Twp. 23 Rng. 24.

The applicant, Noell Caylor requests approval to operate a gym for the purpose of
gymnastics, cheerleading, and dance instruction.

History: Approved for Concept February 20, 2007.

General Description: The subject property contains ½ acre and is located off Rinehart
and Warehouse Road behind Amerigas. The adjoining properties to the request consist
of commercial.

Review: The proposed site consists of an existing 6000 sq. ft building. Access is from
Warehouse Rd. The property is serviced by an individual wastewater system until the
Taney County Regional Sewer District central sewer lines are installed to the area. Water
is provided by Taney County Public Water Supply.

Summary: If the Taney County Planning Commission approves this request, the
following requirements shall apply, unless revised by the Planning Commission:

1. Compliance with the provisions of the Taney County Development Guidance

Code that include plans for the following:

a. Utility easements and building line setbacks (Table 12)

b. Foliage screening or fencing for commercial area that adjoins residential
tracts (Appendix C)
c. Improvements with scale of buildings, streets, onsite parking and utilities
(Table 6)

2. Compliance letters from the Fire, Sewer and Water Districts (Chapter VI-VII).

3. No outside storage of equipment or solid waste materials.

4. Division II Permits will be required for all applicable structures in the

development (Chapter 3 Sec. I Item B).

5. The Decision of Record shall be filed with the Taney County Recorder’s Office
within 120 days or the approval shall expire (Chapter II Item 6).
 TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
CHATEAU COVE
MARCH 12, 2007

Public Hearing for Chateau Cove located at 2436 Hwy. 265 in the Branson Township, Sec. 10
Twp. 22 Rng. 22.

The applicant, C.J. Perme requests approval to develop 8 condominium buildings for multi-family
use.

History: Approved for Concept February 20, 2007, previously approved as Branson Lakeside
Condominiums Permit #05-34.

General Description: The subject property contains 17. 08 acres and is located off the north of St.
Hwy. 265. The adjoining properties to the development consist of single family residential,
commercial, and undeveloped.

Review: The proposed site will consist of 8 condo buildings consisting of 32 units each for a total
of 256 units along with amenities such as a clubhouse and pool. Access will be from St. Hwy. 265
(a 24’ paved surface) with an existing 22’ access, and inner 11’ existing road. The property will
be serviced by central water and sewer.

Summary: If the Taney County Planning Commission approves this request, the following
requirements shall apply unless revised by the Taney County Planning Commission:

1. Compliance with the provisions of the Taney County Development Guidance Code that
include plans for the following:

a. Sediment and erosion control (Appendix B Sec. VI Item 2)

b. Stormwater management (Appendix B Item 3)
c. Land grading permit (Appendix B)
d. Delineation of the 100 year floodplain (Taney County Floodplain Management
Ordinance 60.3b Sec. A)
e. Utility easements and building line setbacks (Table 12)
f. Foliage screening or fencing for commercial area that adjoins residential tracts
(Appendix C)
g. Improvements with scale of buildings, streets, onsite parking and utilities (Table
6)

2. Compliance letters from the Fire, Sewer and Water Districts (Chapter VI-VII).

3. No outside storage of equipment or solid waste materials.

4. Division I and II Permits will be required for all applicable structures in the development
(Chapter 3 Sec. I Item B).

5. The Decision of Record shall be filed with the Taney County Recorder’s Office within 120
days or the approval shall expire (Chapter II Item 6).
 TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
WILDERNESS VALLEY LLC
MARCH 12, 2007
#07-03

Public Hearing for Wilderness Valley LLC located 125 Warehouse Dr in the Branson Township,
Sec. 16 Twp. 23 Rng. 21.

The applicant, Terry M. Roeder requests approval to construct a warehouse building.

History: Approved for Concept February 20, 2007.

General Description: The subject property contains 1.12 acres. The adjoining properties to the
request consist of commercial.

Review: The proposed site will consist of a 7200 sq. ft commercial warehouse and office building
for lease to small businesses. The property is to be serviced by an individual septic and Public
Water Supply District #3.

Summary: If the Taney County Planning Commission approves this request, the following
requirements shall apply, unless revised by the Planning Commission:

1. Compliance with the provisions of the Taney County Development Guidance Code that
include plans for the following:

a. Sediment and erosion control (Appendix B Sec. VI Item 2)

b. Stormwater management (Appendix B Item 3)
c. Land grading permit (Appendix B)
d. Delineation of the 100 year floodplain (Taney County Floodplain Management
Ordinance 60.3b Sec. A)
e. Utility easements and buildings line setbacks (Table 12)
f. Foliage screening or fencing for commercial area that adjoins residential tracts
(Appendix C)
g. Improvements with scale of buildings, streets, onsite parking and utilities (Table
6)

2. Compliance letters from the Fire, Sewer and Water Districts (Chapter VI-VII)

3. No outside storage of equipment or solid waste materials.

4. Division II Permits will be required for applicable structures in the development (Chapter
3 Sec. I Item B).

5. The Decision of Record shall be filed with the Taney County Recorder’s Office within 120
days or the approval shall expire (Chapter II Item 6).
 TANEY COUNTY PLANNING COMMISSION
DIVISION III STAFF REPORT
NORTHWOODS ESTATES
MARCH 12, 2007
#07-06

Public Hearing for Northwoods Estates located at Canyon Creek in the Branson Township, Sec. 36
Twp. 24 Rng. 22.

The applicant, Jay Grimstead requests approval to add an extra lot to the existing subdivision.

History: Approved for Concept February 20, 2007.

General Description: The subject property contains 62 acres and is located off St. Hwy. 248 and
Canyon Creek Road. The adjoining properties to the request consist of residential and
agricultural.

Review: The proposed site will consist of an additional lot to Northwoods Estates Subdivision. The
property is to be serviced by individual septic tanks and a private well.

Summary: If the Taney County Planning Commission approves this request, the following
requirements shall apply, unless revised by the Planning Commission:

1. Compliance with the provisions of the Taney County Development Guidance Code that
include plans for the following:

a. Sediment and erosion control (Appendix B Sec. VI Item 2)

b. Stormwater management (Appendix B Item 3)
c. Land grading permit (Appendix B)
d. Delineation of the 100 year floodplain (Taney County Floodplain Management
Ordinance 60.3b Sec. A)
e. Utility easements and building line setbacks (Table 12)
f. Foliage screening or fencing for commercial area that adjoins residential tracts
(Appendix C)
g. Improvements with scale of buildings, streets, onsite parking and utilities (Table
6)

2. Compliance letters from the Fire, Sewer and Water Districts (Chapter VI-VII).

3. No outside storage of equipment or solid waste materials.

4. Division I Permits will be required for all applicable structures in the development
(Chapter 3 Sec. I Item B).

5. The Decision of Record shall be filed with the Taney County Recorder’s Office within 120
days or the approval shall expire (Chapter II Item 6).
 MINUTES
TANEY COUNTY PLANNING COMMISSION
REGULAR MEETING
TUESDAY, FEBRUARY 20, 2007, 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 six members present. They were: Sarah Klinefelter,
Jim Brawner, Joey Staples, Craig Trotter, Shawn Pingleton, and Randall
Cummings. Staff present: Eddie Coxie, Kurt Larsen, Bonita Kissee, Marla Pierce,
and Bob Paulson.

Eddie Coxie read a statement explaining the meeting procedures.

Review and Action:

Minutes, December 2006, January 2007: Jim Brawner made a motion to
approve the December minutes. Joey Staples seconded. The vote to approve
was unanimous. A motion was made by Joey Staples to approve the January
minutes. Randall Cummings seconded. The vote to approve was unanimous.

Final Votes:
Lakestyle Cottages: request by Clinton E. Kasten to develop 3.41 acres
into a private gated community for single-family residences as detached
condominiums located at 135 Hammock Way. Greg Whitlock from Great River
Engineering was present with Mr. Kasten to address any questions from the
Planning Commission. Discussion followed regarding the clarification of the
project being whole ownership condominiums, compatibility, long-term
ownership, and wastewater. A motion was made by Jim Brawner to approve
based upon the decision of record. Joey Staples seconded. The vote to approve
was unanimous.

Dixon Dock Parking was withdrawn.

Westgate Branson Lakes at Emerald Pointe: request by Mark Waltrip to

construct two condominium buildings containing 72 units located off Emerald
Pointe Dr. Mrs. Klinefelter presented letters from the Fire District and water
department. Alan Johnson representing the applicant asked that the request be
withdrawn at this time and will present a document to the staff at a later date.
 Myer Land Sales Office: request by Myer Land Development Co. to utilize
an existing structure as an office located at Sante Fe Ave. Mr. Gail Myer was
present to address questions from the Commission. Discussion followed
regarding previous uses, signage, and future plans for the site. Joey Staples
made a motion to approve based upon the decision of record. Jim Brawner
seconded. The vote to approve was unanimous.

Manna Office: request by Marci Manna to construct a building for

commercial use located at the Corner of Timberland and St. Hwy 248. Marci
Manna was present to address questions from the Planning Commission.
Discussion followed regarding compatibility to the surrounding area. Jim Brawner
made a motion to approve a special use permit based upon the decision of
record. Randall Cumming seconded. The vote to approve was unanimous.

Underhill Heights: request by Jason Brawner to develop a gated

townhouse community located at Victor Church Road. Jason Brawner was
present to address questions from the Planning Commission. Discussion followed
regarding number of units. Mr. Coxie reported that the project was one unit over
the allowable number of units. Discussion followed with legal counsel regarding
condominium type of development, cluster developments, and common ground.
Jim Brawner left the room during discussion and voting because of being related
to the applicant. Compatibility to the surrounding area was discussed. Mr.
Staples and Mr. Pingleton discussed density with Eddie Wolfe who was also
representing Mr. Brawner. A suggestion by Mr. Pingleton to Mr. Brawner, that a
buffer could be done surrounding the project between the single-family
residences and this multi use request. Mr. Wolfe stated that if 14 units could not
be done it would not be feasible to the applicant. Randall Cummings made a
motion to approve based upon the decision of record with the addition of only 14
units and double the buffer around the property closest to any single-family
dwelling. Joey Staples seconded. The vote to approve was four in favor and one
not in favor. Jim Brawner did not vote. Shawn Pingleton voted no.

Crabwell Corners: request by Richard E. Deppe to replat Lots 11, 12 and

part of Lot 13 into 4 lots in Crabwell Corners Subdivision at Beaumont Lane.
Eddie Wolfe representing the developer addressed questions from the Planning
Commission. Discussion followed with Joey Staples making a motion to approve
based upon the decision of record. Seconded by Shawn Pingleton. Jim Brawner
abstained. The vote to approve was five in favor and one abstention.

Mill Creek Phase 2: request by Affiliated Investors, Inc. to develop 19.65

acres into a single-family residential subdivision at Mill Creek Road. Steve
Matlock representing Affiliated Inv. addressed questions from the Planning
Commission. Shawn Pingleton made a motion to approve based upon the
decision of record. Randall Cummings seconded. The vote to approve was
unanimous.

Whispering Meadows: request by Charles Hagston to develop a single-

family residential subdivision off Walkington Lane. Mr. Hagston was present to
address questions from the Planning Commission. Discussion followed regarding
traffic flow from East St. Hwy. 76. Shawn Pingleton noted the traffic situation
and made a motion to approve based upon the decision of record. Craig Trotter
seconded. The vote to approve was five in favor and one against. Joey Staples
voted no.

Pleasant Hollow Estates: request by Thomas A. & Lawanda M. Gibbs to

develop a single-family residential subdivision off Yandell Cove Road. Eddie Wolfe
representing the developer addressed questions from the Planning Commission.
Mr. Staples stated that this is a good development because the tracts are big.
Randall Cummings made a motion to approve based upon the decision of record.
Seconded by Joey Staples. The vote to approve was unanimous.

Tony Knight: request by to operate a bed and breakfast on 6 acres off ST.
Hwy. O. Artie Hawkins representing Ms. Knight addressed questions from the
Planning Commission. Jim Brawner noted that this is a special use permit and
made a motion to approve based upon the decision of record. Seconded by Joey
Staples. The vote to approve was unanimous.

Aable Auto Sales/Storage: request by Paul Simon to use an existing

location to store cars and pickups for sale located off St. Hwy. DD. This project
was withdrawn.

Eastland Hills Estates: request by Randy Weber to develop a residential

subdivision off Links Road. Eddie Wolfe representing the applicant addressed
questions from the applicant. Discussion followed regarding density, stormwater
runoff, wastewater disposal, and greenspace. Mr. Weber discussed prices of the
structures. Mr. Pingleton asked if there could be another road accessing the
property. Mr. Wolfe stated that at this time there were no options for another
road. After discussion a 50’ right of way shall be added to the decision of record
on the west side of the property for an additional road for sometime in the
future. Mr. Pingleton stated that the Planning Commission should note that the
church was there first. Craig Trotter made a motion to approve based upon the
decision of record with the addition of; if possible shall hook to Forsyth City
Sewer system, and a 50’ right of way. Randall Cummings seconded. The vote to
approve was unanimous.

LT’s Honky Tonk: request by Lonnie Scott to operate a restaurant and

lounge off Ridgedale Road. Lonnie Scott was present to address questions from
the Planning Commission. This project was tabled. A motion was made by Shawn
Pingleton to take this request off the table. Craig Trotter seconded. The vote to
place this project back on the table for vote was unanimous. Mr. Scott reported
that a sewer system has been engineered to fit the property with the addition of
more property. Mr. Coxie reported that since the sewer system is requiring
additional property to be added to the request, is creating a request that is
contrary to the code because it is still less than a 2 acre parcel which the code
requires. This current request would need to appear before the Board of
Adjustment for approval. Legal counsel reported this request to be a prior non-
conforming use. Central sewer is not available at this site, and the applicant
cannot place the type of system on less than two acres. Discussion followed. A
motion was made to deny based upon the property being less than two acres to
place a wastewater system on which would violate the Development Code, by
Jim Brawner. Seconded by Shawn Pingleton. The vote to deny was unanimous.
The Planning Commission advised Mr. Scott to apply to the Board of Adjustment.
Discussion followed regarding what the applicant can do to receive approval by
either board.

Concepts:
VHC Storage: a request by Ken Kline to construct an additional warehouse
for Victorian Heart located on 21 acres at 6010 E. Hwy. 76. Ken Kline presented
a site plan and explained location and plans. This storage facility will be used for
textiles for the use of tablecloths, napkins, curtains, etc. Mr. Coxie reported the
history of the project being that the first Division III was for a small industrial
park. There will be no additional truck traffic according to Mr. Kline. Number of
employees will not increase. Discussion followed regarding adding more buildings
in the future. This project will proceed to public hearing next month.

Superior Rents: a request by Steve Wohnoutka to operate an equipment

rental business from an existing structure located at 221 B. Adair Road. Mr.
Wohnoutka explained that he prefers to start his business at this location since
the structure exists and then later possibly to expand if needed to the original
approval. This project will proceed to public hearing next month.

Wilderness Valley LLC: a request by Terry M. Roeder to construct a

warehouse for the use of office space for small businesses on 1.12 acres at 121
Warehouse Dr. Mr. Roeder explained the location and plans. He presented a plot
plan of the project. This project exists and this request is an additional building.
Mr. Coxie stated that 12 parking spaces are required by the Code and there
might not be room for them. Discussion followed. This project will proceed to
public hearing next month. This type of request will be discussed at the March
study session.
 Briarwood Phase 2: a request by David Hover to construct a 24 unit
building with parking garage off Lakeshore Dr. Eddie Wolfe explained the request
and stated that the first phase is currently under construction. He stated that this
is in the floodplain and will need to be built to FEMA height restrictions. He
stated that the sewer capacity analysis has been done and there is capacity in
the sewer plant for the additions. There is a state approved well. Mr. Wolfe
stated that these buildings would be a mirror image of what exists. This project
will proceed to public hearing next month.

Tutorial/Trade School: a request by Aaron Boldman to operate a trade

school for boys on property located at the end of Deer Lane Road on 10 acres.
Mr. Boldman presented a master plan of the request. Jim Strong explained the
site plan location. Mr. Coxie reported the history of the project. Mr. Strong stated
that this is not a residential treatment facility. Range in age of students will be
between 15 and 20 years of age. An application has been turned in to the sewer
district. There will be dormitory type of buildings to fit on the property as per the
Code. This project will proceed to public hearing next month.

Northwoods Estates: a request by Jay Grimstead to add another lot to an

existing subdivision located at St. Hwy. 248 and Canyon Creek. Eddie Wolfe
representing the developer reported that this was previously approved for
fourteen lots and the developer would like to add one more lot. Due to the new
requirements of the State Hwy. Dept., an entrance will not be approved at the
site previously requested. Another entrance is proposed and since the plans have
been redrawn, more land is left to add an extra lot. This project will proceed to
public hearing next month.

Emory Creek Ranch Phase III: a request by Emory Creek Ranch, LLC to
develop 216 lots on 217.76 acres located off St. Hwy. 248. Eddie Wolfe
representing the developer presented the plans and stated that this is east of
phase two. Mr. Wolfe reported that a conservation trust is being done so the
open spaces will stay open. This project will proceed to public hearing next
month.

Coon Creek Business Park: a request by Industrial Park Plaza, Inc. to

construct an office warehouse and retail building located off St. Hwy. BB and
Coon Creek Road. Eddie Wolfe representing Mr. Barth the developer presented
site plans of the request. A landgrading permit has been issued. Plans are for 22
lots for office/retail warehouse buildings. Wastewater and water will come from
the City of Hollister. Possible annexation could occur in the future. This project
will proceed to public hearing next month.

165 Marina View: a request by; Rodney and Carla Wright to operate a
restaurant/take-out with seating capacity of up to 27 people at 5403 St. Hwy.
165. Mr. Wright explained his plans and stated that this is the site of the
previous approval. He presented a picture of the future structure. This project
will proceed to public hearing next month.

Steve Harris Project: a request by Steve Harris to develop a 6-lot

subdivision on 25 acres located at 344 Blackberry Lane. Mr. Harris presented a
site plan of the request, and explained the location and lot size. Private septic
and wells are planned to service the project. This project will proceed to public
hearing next month.

Cascades: a request by Design Development Group, LLC to develop 55.4

acres into patio homes located at the corner of St. Hwy. 65 and 176. Ken
Heithous representing the project presented new site plans. Mr. Coxie explained
the location and history of the site. Mr. Heithous stated that this plan differs from
the first plan in that there is less commercial and will be a gated community.
Trees will be preserved as much as possible and most of the vegetation. He
stated that the St. Hwy. Dept. has purchased some of the property to construct
an interchange sometime in the future. Total number of units will be
approximately 40 to 50 buildings in the initial plans which would be two to four
living units per building approximately. This project will proceed to public hearing
next month.

Monarch Gymnastics Cheerleading and Dance: a request by Noelle Caylor

to utilize an existing 6000 sq. ft. building for instructional
cheerleading/gymnastics/dance and a special needs tumbling program located on
½ acre at 111 Warehouse Road. Ms. Caylor explained that plans are to change
the use of an existing building from a warehouse to a gymnastics facility.
Discussion followed regarding wastewater disposal. Sewer district has been
contacted. The Planning Commission asked for a site plan, hours of operation
would be from 8:00 a.m. to 9:00 p.m. Monday through Sunday. This project will
proceed to public hearing next month.

Autumn Ridge: a request by Tri-Sons Const. and Development to

construct 30 buildings with 4 units per building with a total of 130 units. Eddie
Wolfe explained location and plans. He stated that Wilderness RV previously
owned this land. This property is adjacent to the rock quarry. This project will
proceed to public hearing next month.

Old and New Business:

Vogel Properties: Ross Vogel discussed his property on Mt. Branson. He
began by giving a brief history of the previous request and stated more of the
property owners had contacted him to purchase their properties. He feels that
most of the property owners up in that area support the development of the site.
He stated that a traffic study had been done. Mr. Pingleton stated that a decision
should not be made based on how many people are for and against a request.
He asked the Planning Commission for advice on how to proceed. Discussion
followed. Mr. Paulson stated that in order for Mr. Vogel to present the same
request again, it would have to be changed substantially. To come back before
the Planning Commission with the same request a significant amount of time
would have to elapse. Mr. Vogel wanted to know what a substantial change
would be. Mrs. Klinefelter reviewed the reasons the project was denied, and
stated that if those issues were addressed, in her opinion the project could be
resubmitted. She suggested a new proposal be presented to staff.

Mrs. Klinefelter asked the Commission to vote to extend the meeting past
nine thirty. The vote to extend the meeting was unanimous.

Discussion regarding Paul Simon’s car lot; Mr. Coxie reported the number
of cars on the lot now and stated that Mr. Simon came to the office and
presented a written request to withdraw his project. He reported at that time
that he is currently removing cars on his property. Mr. Coxie stated that it is not
yet in compliance but he is working on it. The Commission recommended giving
Mr. Simon a time frame. Mr. Paulson stated the problems with enforcement.
Shawn Pingleton made a motion to give Mr. Simon 30 days (by April 2, 2007) to
comply with the Division III Permit. Joey Staples seconded. The vote to approve
was unanimous.

Adjournment.
With no other business on the agenda for February 20, 2007 a motion
was made by Jim Brawner to adjourn. Seconded by Craig Trotter. The vote to
adjourn was unanimous. The meeting adjourned at 9:40 p.m.
 MINUTES
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, FEBRUARY 12, 2007, 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 six members present. They were: Sarah Klinefelter,
Shawn Pingleton, Jim Brawner, Joey Staples, Randall Cummings, and Craig
Trotter. Staff present: Kurt Larsen, Eddie Coxie, Bonita Kissee, Marla Pierce, and
Bob Paulson.

Mr. Coxie read and opening statement outlining the public hearing
procedure and presented the exhibits, which are attached to these minutes.
Video recordings of all Planning Commission meetings are available through the
Planning Department Office.

Final Votes January 16, 2007:

With no quorum established at the January 16, meeting these votes were
taken on the projects scheduled at that meeting:

Vicki’s Daycare: request by Tom and Vicki Fierstine to construct a single

family dwelling to use as a residence and day care facility located off St. Hwy. T
to Collins Road. Mr. Brawner commented on state guidelines regarding childcare,
and based upon that he made a motion to approve based upon the decision of
record with the addition of special use. Craig Trotter seconded. The vote to
approve was unanimous.

Cottages at Branson Creek: request by GEP to construct a patio home

development containing up to 78 dwelling units located off Branson Creek
Boulevard. No added information was presented. Mr. Brawner discussed whole
ownership condominium style structures with the applicant. With no other
discussion Mr. Brawner made a motion to approve based upon the decision of
record. Shawn Pingleton seconded. The vote to approve was unanimous.

Sycamore Farms Lot 2: request by Sycamore Farms Investments, LLC to

split Lot 2 of Sycamore Farms Phase 1 into two parcels for residential housing
located off Paleo Road. Discussion regarded location and size and review of the
request. Mr. Brawner made a motion to approve based upon the decision of
record. Randall Cummings seconded. The vote to approve was unanimous.

Richard Chappell: request by Brent Chandler to subdivide property located

at Poverty Gulch Road. Mr. Chandler gave a brief history of the request. Mr.
Brawner discussed size. Randall Cumming made a motion to approve based upon
the decision of record. Joey Staples seconded. The vote to approve was
unanimous.

Public Hearings:
Lakestyle Cottages: a request by Clinton E. Kasten to develop 3.41 acres
into a private gated community for single-family residences as detached
condominiums located at 135 Hammock Way. Eddie Coxie read the staff report
and presented pictures and a video of the site. Greg Whitlock with Great River
Engineering stated that the structures planned would be whole ownership single-
family dwellings owned by the association. The project is a gated community.
There are some lots north of the site that the treatment plant is on. The interior
street connects with Happy Hollow Resort. The treatment plant is large enough
to support this request and the other phase of the project. Easement rights will
be obtained to cross the road with the utilities. Mr. Kasten addressed other
questions from the Commission. This project will proceed to final vote next week.

Dixon Dock Parking: a request by Leo Dixon to provide parking for two
cars for a boat dock located at Lot 31 Long Point Subdivision. The project was
withdrawn.

Westgate Branson Lakes at Emerald Pointe: a request by Mark Waltrip to

construct two condominium buildings containing 72 units located off Emerald
Pointe Dr. Mr. Coxie read the staff report and presented pictures and a video of
the site. Several property owners signed up to speak. Gary Allman representing
the property owners opposing the request, presented pictures of the site with
the structures and without the structures. He endeavored to show that the view
would be totally blocked. The property owners feel that these buildings are
incompatible with the surrounding area. The existing buildings are four stories
high and are tiered to make it possible to see the lake. Mr. Allman pointed out
that according to the current code this request does not fall into the compatibility
area. He does not feel there is enough property to provide the required parking
spaces. Mr. Allman also stated that this is fill land, which would prohibit
underground parking in his opinion. He also discussed the height of the two
buildings and how the fire district would fight a potential fire. Mr. Allman also
discussed wastewater disposal and that the plant is very close to capacity and
might not hold this added wastewater. He presented pictures from around the
plant showing dead foliage proving in his opinion that it is leaking. Buffering was
discussed by Mr. Allman and that the Code requires buffering between the
structures. He asked everyone present who oppose this request to stand up,
most of the people in the room stood up. Joey Staples asked Mr. Allman if all the
structure in the entire development were four stories, and he stated that they
were. Mr. Pingleton asked Mr. Coxie how the property is currently platted. Mr.
Coxie stated that all the property was platted for multi-family and the project had
already exceeded the limit, and that is why this request is being heard. Mr.
Pingleton discussed building height and how projects are platted with Mr. Coxie.
Mr. Goben a property owner at Emerald Pointe Villas stated that when he
purchased his property was told that only four-story building would be built
there. Cornelius Post president of the Homeowners Assoc. reported that this
request is on only three acres, and that they own an additional six acres, which
they will also want to place more structures on and in his opinion there isn’t
room for the additional boats, cars, etc. Mike Moss a resident in the single-family
dwelling part of the development concurred with Mr. Allman’s statements
regarding the view, density, and compatibility. Steven Griffith also discussed the
view, and compatibility. Bob Rood addressed the parking situation and reported
that he had researched the parking and found they do not have enough spaces.
He left his findings for the file. Other property owners discussed density,
compatibility, the view, parking, wastewater, property values, and height.
Barbara Sue Thomas another property owner at the Villas, discussed concerns
regarding water quality, availability of adequate boat slips, maintenance of the
current property, and concurred with what was previously said. Dave Hughes
region manager for Westgate Resorts gave a brief history of the company. He
reported all the properties that the company has purchased in the Branson area,
which in his opinion, proves that the company is in the area to stay. Allen
Johnson, with General Design Group addressed the concerns of the property
owners and presented a site plan. He stated that the existing fill would be
excavated, that the parking requirements can be met, engineers have reported
that the remaining capacity in the wastewater treatment plant is not enough and
will be expanded. DNR has been contacted regarding this. There have been
negotiations with Mr. Snadon regarding boat storage. Mr. Johnson presented a
picture of how the request would appear which clearly shows the parking facility
underground. In terms of the international building code this building would be
compatible with the requirements. He stated that he could not deny the
impediment of the view of the properties behind this request, and then
compared the site with other higher story buildings in the area. Mrs. Klinefelter
asked about number of acres and where they are located. Mr. Allen explained on
the site map where the acreage was located. This concluded the public hearing
on this request and will proceed to final vote next week.

Myer Land Sales Office: a request by Myer Land Development Co. to

utilize an existing structure as an office located at Sante Fe Ave. Mr. Coxie read
the staff report and presented pictures and a video of the site. Bob Hubbard read
a statement from the existing property owners asking the project be denied, for
reasons of incompatibility, future use, traffic safety, increased traffic, and
suggested building a new road into the subdivision because the road was not
constructed to handle the added traffic. Gary Larmon a property owner in the
subdivision presented the covenants of the subdivision proving that the existing
structure with the requested use would not conform to these restrictions. The
restrictions also state that no signs can be erected. He stated the same concerns
previously discussed. Chris Myer addressed the concerns and stated that a
special use permit is requested and that the property was previously a single-
family dwelling and a radio station. He presented pictures of the site as it
appeared then. In Mr. Myers opinion his company will improve the looks of the
property, and less water would be used for this use planned. Mr. Myer stated
that a property owner told him that the property owners preferred the structure
not be used as a residence. In Mr. Myers opinion this is a good location for this
use and would keep the traffic down to a minimum in the subdivision. The
company has donated land to make the curve safer. There will only be signs at
the road, and a sign the Myers plan to paint a sign on the structure itself. The
structure was built in 1988 and a radio tower was also on the site. Mr. Brawner
asked Mr. Larsen what the requirements were for signage. Mr. Larsen stated that
on premise signs were allowed without permits. Gale Myer stated that plans were
to address the road safety issues and an easement has been signed to donate
80’ to the county for a wider curve and will be also addressed more in the future.
In the long term Mr. Myer feels that the structure should be removed. He also
reported that it is the desire of the company to fit into the topography. He
agreed with the surrounding property owners concerns and stated that they will
do everything they can to make the property a good place to live for everyone.
He reported the amount of traffic coming and going on the property would be
approximately up to three cars a day. This hearing was closed and this project
will proceed to final vote next week.

Manna Office: a request by Jerry P. and Mary Ann Gray to construct a

building for commercial use located at the Corner of Timberlane and St. Hwy.
248. Mr. Coxie read the staff report and presented pictures and a video of the
site. Brent Butler representing the applicant presented a site plan and explained
the request. He stated that Dr. Manna now is the owner of the property having
bought it from the Grays. With no questions or discussion this project will
proceed to final vote next week.

Mrs. Klinefelter asked Mr. Larsen if Mr. Coxie could forgo reading the
summary portion of the staff report since there are so many projects to hear. Mr.
Larson explained to the room what the summary consisted of. Mr. Staples made
a motion to forgo reading the summary portion at this meeting only. Randall
Cummings seconded. The vote was unanimous.
 Underhill Heights: a request by Jason Brawner to develop a gated
townhouse community located at Victor Church Road. Mr. Coxie read the staff
report and presented pictures and a video of the site. Tom Goldsworthy who
lives on Victor Church Road voiced concerns regarding compatibility, adequate
water supply, wastewater treatment, water pollution, wildlife integrity,
stormwater retention, and sediment and erosion control. Jason Brawner, the
developer addressed the concerns and presented a site plan of the request. He
stated that the intention of the project is to add value to the area. This project
isn’t timeshare or nightly rental, and is a pre-retirement community. He stated
that he is a 20 year resident of the area and does not plan to take advantage of
the area and plans to keep the integrity of the land. He stated that he wants to
be a good neighbor and to be open to the neighbors concerns. Mrs. Klinefelter
asked what the price range would be for the houses; Mr. Brawner stated that
they would range between $100,000 and 150,000. They will have two car
garages and approximately 1200 sq. ft. He explained the location and water and
sewer plant plans. There will be a gate at the county road site that can be used
in emergencies, which will be defined as a driveway. Mr. Larsen reminded that in
that case the property would never be eligible for county funds. Natural
vegetation will be left as much as possible, and if not more will be planted. This
concluded the hearing for this project and will proceed to final vote next week.

Crabwell Corners Replat: a request by Richard E. Deppe to replat Lots 11,

12, and part of Lot 13 into 4 lots in Crabwell Corners Subdivision at Beaumont
Lane. Mr. Coxie read the staff report and presented pictures and a video of the
site. Laura Curbow who owns 10 acres next door stated that she was promised
the land would stay undeveloped. She owns horses and had concerns for them
and adequate water and wastewater disposal, sediment and erosion control,
stormwater runoff, and had concerns for the wildlife. Rodney Curbow was
concerned with both projects and stated that his concerns were with runoff into
the creeks, adequate water and wastewater, traffic safety, and stated that some
foundations had been put on the property. He was concerned that because he
has a small farm that it would not be compatible with the request. Ron Scott who
lives on Beaumont Lane was concerned about boundaries and that all the
construction stayed within them, he stated that he is the legal owner of tract 13,
and also was concerned with adequate water supply, and wastewater,
compatibility, road access, and traffic safety. Eddie Wolfe representing the
developer addressed the concerns and stated that everything north of the creek
toward the Underhill project has been platted and that there is only one
structure next to this property. There are two more structures adjacent to the
Underhill property. He addressed the question regarding tract 13 and stated that
the applicant owns half of it and Mr. Scott owns the other half. Mr. Pingleton
asked to look at the site plan. There was further discussion regarding ownership
of Lot 10. Mr. Wolfe addressed the concern and stated that what is in the survey
is what the title company stated that it owns. Clarification by the property
owners stated that there were more structures bordering the property. This
concluded the hearing. This project will proceed to final vote next week.

Mill Creek Phase 2: a request by Affiliated Investors, Inc. to develop 19.65

acres into a single-family residential subdivision at Mill Creek Road. Mr. Coxie
read the staff report and presented pictures and a video of the site. There being
no discussion this project will proceed to final vote next week.

A motion was made by Shawn Pingleton to extend the meeting past 9:30
p.m. Jim Brawner seconded. The vote to extend the meeting was unanimous.

Whispering Meadows: a request by Charles Hagston to develop a single-

family residential subdivision off Walkington Lane. Mr. Coxie read the staff report
and presented pictures and a video of the site. Bruce Cureton and his sister
spoke in favor of the project because they own 10 lots in Spring Meadows and
feel it would raise their property values. Mr. Staples voiced concerns regarding
traffic on Walkington Lane. Mr. Cureton stated that there are two other accesses
into this property and would not all be from Walkington Lane. Greg Whitlock
representing the developer addressed the traffic concern and reported that peak
traffic flow would be 45 vehicles approximately an hour and the impact would be
minimal. David Hack lives in the subdivision and is in favor of single-family
dwellings in the area and doesn’t see the development creating any problems.
Charles Hagston the developer stated that this will conform to the existing
subdivision, and he has been in contact with the homeowner’s assoc. for Spring
Meadows and has approval to use the roads within that subdivision for this one.
He stated that the road to the county’s lift station would be utilized for
construction vehicles. This project will proceed to final vote next week.

Pleasant Hollow Estates: a request by Thomas A. & Lawanda M. Gibbs to

develop a single-family residential subdivision off Yandell Cove Road. Mr. Coxie
read the staff report and presented pictures and a video of the site. Renee
Yonkie who lives at the adjoining property was representing some other property
owners who are concerned with density, stormwater runoff, buffering between
the uses, wastewater disposal, sediment and erosion control, restrictions,
compatibility, drainage from the road, road maintenance, what will be allowed on
the property (trailers, stick built, livestock), and property values. Mrs. Klinefelter
stated that the Gibbs should be consulted regarding some of the questions.
Eddie Wolfe representing the developers addressed the questions. He stated that
the existing mobile home will be left there and will be to itself. The road will be
maintained by the homeowner’s assoc. and be built to county standards. Wells
and septic tanks will serve the property. Plans are for stick built homes and have
restrictions. This will be average style and priced homes. Mr. Pingleton asked if
Lot B bordered Yandell Cove Road. Mr. Wolfe stated that it did and that part of it
would be dedicated to the county road. Elvie Combs who lives in Ozark reported
concerns for some people who live in the neighboring property, regarding the
wastewater system. Dallas Dixon stated that the school bus would not originally
come down this road because there was not a turn-around. He constructed a
turn-around for them and felt that the developer should provide one. This project
will proceed to final vote next week.

Tony Knight: a request by Ms. Knight to operate a bed and breakfast on 6

acres off St. Hwy. O. Mr. Coxie read the staff report and presented pictures and
a video of the site. Artie Hawkins representing the applicant stated that the
property sits back from the road. No one signed up to speak. This project will
proceed to final vote next week.

Aable Auto Sales/Storage: a request by Paul Simon to use an existing

location to store cars and pickups for sale located off ST. Hwy. DD. Mr. Coxie
read the staff report and presented pictures and a video of the site. Colby
Mitchell discussed concerns of the fluids coming from the cars possibly polluting
the creek. James Ironside was concerned about water pollution from the cars,
Dana Ironside also voiced concerns regarding water pollution, and trashing up
the property. Lyn Mitchell was concerned about traffic, trashing up the property
with cars, property values, water quality, and type of people. Dennis Case was
concerned with property values, fluid polluting the creek, and trash on the
property. Walter Rogers, who owns the property next door, was concerned with
his property values, fluid from the cars going to the creek, and junking up the
property. Cody Rogers was concerned with site nuisance from the cars, and
safety of children living next door. Tony Todd who has lived next to the property
all of his life, was concerned with property values, and people this use would
bring in, and water pollution. Dusty Rogers had the same concerns as the others,
including traffic safety. Bill Austin was concerned with site nuisance and property
values. Paul Simon addressed the concerns and stated that he does not plan a
salvage yard, and will not sell cars from this property. He stated that he has
spent approximately $5000.00 in cleaning up the place and plans a privacy fence
between the property and the adjacent residence. He stated that no car would
leak any fluid from it. He only plans to store the cars there until he has room at
his sales lot for them and will store up to 30 cars on the property. He also plans
to move the mobile home off the property. Mr. Pingleton voiced a concern about
how long Mr. Simon plans to leave cars sitting on the property. Mr. Simon didn’t
know, but that if a car sits on his property very long he will sell it for salvage. He
stated that if needed he will repair the septic system. He was very adamate that
he will not run a salvage yard. Mr. Pingleton and Mr. Cummings cautioned Mr.
Simon about having too many cars on his current lot and Mr. Craig stated that he
had double the amount of cars that the Planning Commission approved. This
project will appear for final vote next week.
 Mrs. Klinefelter reminded the room that the hearing next week will be held
on Tuesday.

Eastland Hills Estates: a request by Randy Weber to develop a residential

subdivision off Links Road. Mr. Coxie read the staff report and presented pictures
and a video of the site. Lisa Owen whose family owns property west of the
request, had several questions regarding density, average lot size, water quality,
effect on agricultural land, compatibility, traffic flow, road maintenance, road
access, damage to the land, and setbacks. Alan Sulgrove, who owns the dairy
farm next to the property, was concerned about the health of his herd and public
health, water quality, and wastewater disposal. He suggested using the City of
Forsyth sewer system for this project rather than a treatment plant. He asked
that a decision by the Planning Commission be postponed until a study from DNR
can be obtained regarding wastewater discharge from this type of plant. He
stated that he could lose his state permit if his herd suffers contamination by this
development. Mrs. Klinefelter asked how much land he owns which adjoins this
project. Mr. Sulgrove stated that he has 40 acres of land joining this request.
Danny Hankins pastor of the Riverview Church and Christian School voiced
concerns regarding the road and number of cars passing by the school and the
safety of the children and parishioners. The church owns eleven acres between
their property and this one, which an auditorium is planned to be built. Eddie
Wolfe addressed the concerns and stated that Links Road is the only access to
the property, however there is a wide access to the property from the road. The
lots that are planned are very large lots, which will meet the current code.
Condominium units are platted. There is detention and retention planned for the
property and precautions will be taken to prevent pollution to Mr. Sulgrove’s
property. The sewer plant will be contracted by a private company to be
maintained continually. Mr. Wolfe asked Mr. Sulgrove if he had any problems
with Rolling Meadows mobile home park discharge. Mr. Sulgrove stated that
some wildlife previously that were on the property are no longer were there. Mr.
Pingleton asked where the City of Forsyth sewer system was. Mr. Wolfe stated
that it is not next door to the property and would be cheaper to build a plant and
that contact had been made with the City regarding their plant. Private ground
would have to be crossed in order to get to the City’s plant. Mrs. Klinefelter
called this hearing to a close. This project will proceed to final vote next week.

Old and New Business:

David Akers, Chateau Cove: Mr. Akers has a client who has purchased
property previously approved by the Planning Commission, and would like to
proceed with the approval. His question was if the permit could be extended or
does the Planning Commission want to rehear the request. Mr. Akers gave the
history of the approval and stated that nothing different will be done. No
extensions have been requested and no work has been done on the site. Mrs.
Klinefelter suggested that the applicant start at the beginning of the process
because so much development is being done in that area and the environment is
completely different from that time. Discussion followed with Mr. Akers stating
that up to a four story building is planned. Mr. Coxie reported that some of the
approvals given in that vicinity have been controversial. Mr. Paulson suggested
to Mr. Akers that it might be worthwhile for him to advise his clients to proceed
to the Division III process for this reason. After discussion a motion was made by
Jim Brawner to allow this meeting to be used for the Concept Hearing and allow
the project to proceed to public hearing, with the proper paperwork delivered to
the office. Joey Staples seconded. The vote was unanimous.

Mr. Coxie reported that LT’s Honky Tonk will appear next meeting for final
vote, and also reported that Mr. Larsen suggested that this project be denied
because of the amount of land and sewer system concerns.

Mr. Coxie then reported that Vogel Properties request would be discussed
at the next meeting under old and new business at their request.

Discussion followed regarding the Simon request and amount of cars and
the notice of violation.

Adjournment:
With no other business on the agenda for February 12, 2007 a motion
was made by Randall Cummings to adjourn. Seconded by Joey Staples. The vote
to adjourn was unanimous. The meeting adjourned at 11:05 p.m.