Public Hearing Minutes January 8, 2004 Treehouse Condo Club Room

Members Present: Greg Maycock, Chair; Arno Wehr III, Kim Bonham, Brett Stump, James Smith, J C Zalog Members Absent: Ron Benson Staff Present: Kathy Isaacs, Village Superintendent Public Present: 13 Individuals

Chair Greg Maycock called the Public Hearing to order at 6:50 p.m. to discuss an amendment to the Official Zoning Map for rezoning from A-1 and C-1 to a PDD R-1 in section 31, Range 22, Township 23 down Long Lonesome Road and a preliminary plat for consideration of the Timbers submitted by Rick Scheer for the same tract of property.

Jack Douglas, representative for the Timbers, reviewed the project for all present.

Comments: Rhonda Hartzel inquired about the community dock for the project. It was noted that the dock is not in our jurisdiction.

Gary Hartzel inquired about the traffic flow for the project. It was determined that the engineer’s report covered the traffic flow and any road improvements would have to be addressed at a Trustee meeting.

Rhonda Hartzel expressed concern about existing wells and if this project would be a problem with their well. Greg Maycock stated that this would not be a problem unless there is a problem with the individual wells. He also expressed that this would come under the Department of Natural Resources and a permit would have to be issued from DNR before a well can be put in.

Ken Bade requested that the zoning change be held up at this time due to the fact as he owns property adjacent to the property and has a purchase agreement and a first right refusal with Mr. Hintz and Mr. Scheer on the sale of the two additional lots. Greg Maycock commented that this was not a Planning and Zoning issue as it is a separate real estate legal issue with Mr. Hintz and does not pertain to the rezoning request.

Rhonda Hartzel asked if the request for rezoning was being changed back as it was already changed for the Tall Timbers. Greg Maycock noted that this was different property and had nothing to do with the Tall Timbers.

Question was raised regarding the wastewater treatment plant as to who is responsible for making sure the plant is operating. Greg Maycock stated that this is the responsibility of the DNR of Missouri. Comment from the public was the concern that the treatment plant would be installed and operate correctly as the Tall Timbers show does not have the proper plant in operation and did not want the same thing to happen with this project. Greg Maycock stated that DNR is responsible for wells and wastewater treatment plants. Planning and Zoning only approves the zoning for the project.

Rhonda Hartzel stated that she is happy that more homes are being put in, but she is concerned about the traffic and also about renters. Greg Maycock stated that these are single family homes and not considered to be rentals such as vacation rentals, timeshare rentals, etc.

Discussion was held regarding the traffic problems and a possible second entrance. Page 2 Public Hearing Minutes January 8, 2004

Jan Hoynacki commented that she was glad to see the development on Indian Point and any signage requests have to be approved by the administration and the proper fees paid.

Gary Hartzel asked if the name of the road was Long Lonesome Trail or Road. Comments were made and it was determined that the office would have to look and find the correct name.

Rhodna Harzel inquired as to the noise that the well and treatment plant would make. It was determined that both are quiet and will not create much noise, if any.

The Public Hearing was concluded at 7:20 p.m.

Respectfully submitted,

Kathy Isaacs Village Superintendent Planning & Zoning Commission Minutes January 8, 2004 Treehouse Condo Club Room

Members Present: Greg Maycock, Chair; Arno Wehr III, Kim Bonham, Brett Stump, James Smith, J C Zalog Members Absent: Ron Benson Staff Present: Kathy Isaacs, Village Superintendent

Chair Greg Maycock called the meeting to order at 7:20 p.m. and noted members present and absent. Approval of Minutes Arno Wehr moved to approve the minutes of the Public Hearing dated December 7, 2003 as written. Kim Bonham seconded the motion, motion carried with Brett Stump abstaining as he was not present.

Kim Bonham moved to approve the minutes of the December 7, 2003 meeting as written. J C Zalog seconded the motion, motion carried with Brett Stump abstaining as he was not present.

Old Business Public Hearing Approval Chair Maycock explained that the Timbers project has been before the Planning and Zoning Commission for the last four (4) months updating the project each month and the sketch plan has been approved. All members of the commission reviewed the reply from Mathews & Associates and Eric Hodge, representing the Timbers project, explained that the preliminary plat has been revised and the existing ground slope is 16%. All items in the report have been addressed on the revised preliminary plat.

Chair Maycock reviewed the entire process for those attending the meeting.

Chair Maycock read Resolution P&Z 1-04 recommending the Trustees approve an amendment to the Official zoning map. Arno Wehr moved to accept Resolution P&Z 1-04. James Smith seconded the motion, roll call vote taken: Arno Wehr, yea; Brett Stump, yea; J C Zalog, yea; James Smith, yea; Greg Maycock, yea; Kim Bonham, abstained due to conflict of interest; Ron Benson, absent. Motion carried.

Chair Maycock read Resolution P&Z 2-04 recommending to accept and recommend to the Board of Trustees approval of the preliminary plat from Rick Scheer for the Timbers. J C Zalog moved to accept Resolution P&Z 2-04. Brett Stump seconded the motion, roll call vote taken: Arno Wehr, yea; Brett Stump, yea; J C Zalog, yea; James Smith, yea; Greg Maycock, yea; Kim Bonham, abstained due to conflict of interest; Ron Benson, absent. Motion carried.

New Business Killarney Property Chair Greg Maycock reviewed the request from Sam & Dee Carlson regarding the three different lots and zoning. A review of the map shows the parcel was subdivided into three different lots and tract C was sold to Carlson’s by the Nichols when the property for Killarney’s was purchased. Another tract was sold to another owner and Nichols kept the last tract. The two (2) issues that are being brought forth are: 1) Carlson’s are wanting to know what the small tract C is zoned as. A review of the map shows that tracts A and B are noted as R-1 and Tract C is not noted as R-1 or C-1 or C-2. The second question is that the sub-division owners are saying that the land was subdivided illegally per their sub-division convenants. Greg explained that if the sub-division regulations are more strict than the Planning and Zoning Regulations, the sub-division regulations apply.

It was determined that at this time, the Planning and Zoning Commission cannot give an answer until we have more facts. It was suggested that the Village attorney be contacted as to whether any change of zoning can be made if the land was illegally sub divided per the convenants. It was noted that Stone County tax records show that Lot C belongs to Sam and Page 2 Planning & Zoning Minutes January 8, 2004

Dee Carlson. Greg stated that at this time we do not have a request for a rezone, we do not have anyone coming before the commission stating that this was illegally sub-divided, we just have a letter asking us for information.

J C Zalog recommended that a letter be sent to Sam and Dee Carlson addressing what the property is zoned at this time and if they would like to rezone the property to submit the proper application. Kathy stated that a search of the ordinances and resolutions were made and there was no zoning or rezoning of this parcel. Greg stated that the letter should state that our zoning map is not clear as to the zoning of the parcel and the adjacent lots are zoned R-1 and if the Carlson’s want additional information, they need to provide us with the information or we can ask them to submit a rezoning application. Information needed would be when was the property purchased, from whom, and request a zoning change.

Stillwaters Resort – Minor Change Preliminary Plat – Doug Battaglia Doug reviewed a minor change in the preliminary plat for the Stillwaters North Shore project. He stated that the same foot print will be used, but he will be eliminating the elevator due to space, changing the unit from eight to a three story nine unit building. This is still less than the foot print and stays within the boundary of the approved preliminary plat.

It was determined that this was a non significant change and required no further action.

Minor Subdivision – Greg Maycock Greg submitted a minor subdivision final plat to the commission and explained that a replat of lots 79 and 85 in Dogwood Valley estates is due to the building overlapping on the lots and the deeds for the condos has to reflect the lot.

Arno Wehr read P&Z 3-04 a resolution to accept and recommend to the Board of Trustees approval of the minor subdivision final plat from VIP Development Corporation for Indian Point Condominium Reserve Properties.

J C Zalog moved to approve Resolution P&Z 3-04. James Smith seconded the motion, roll call vote taken: Arno Wehr, yea; Brett Stump, yea; J C Zalog, yea; James Smith, yea; Kim Bonham, yea; Greg Maycock abstained due to conflict of interest; Ron Benson, absent. Motion carried.

Comments from the Planning & Zoning Commission Discussion was held regarding the maps that are in the office and what can be done to avoid future problems. Discussion was held regarding the computerizing the maps to correspond with the county maps and zoning would be put in the computer. Kathy will look into the cost of laminating our maps. It was noted several discrepancies are on the county maps, but a review is needed. It was determined that a copy of the ordinance be placed on the map when a change is made.

Comments from the floor None

James Smith moved to adjourn the meeting, Brett Stump seconded the motion.

Meeting was adjourned at 8:45 p.m.

Respectfully submitted,

Kathy Isaacs Village Superintendent