Live Music At The Lake

Flickr photo by Steph -- CC 2.0 License

LAKE OF THE OZARKS — A popular waterfront restaurant at the Lake will have live music outdoors this year.

The Camden County Planning and Zoning Commission approved a request by Mark Waddington, Redhead Lakeside Grill, and LLC. for amendments to a Conditional Use Permit (CUP), to allow for outdoor entertainment at the Wednesday, Jan. 18 P&Z commission meeting. 

The commission had a quorum of six and the approval of the CUP was unanimous, with the stipulation that all conditions set out in the original CUP and the amended CUP be adhered to, including the live outdoor music and entertainment be stopped at 8 p.m. Sunday through Thursday and 9 p.m. on Friday, Saturday and holidays. 

The request was previously tabled due to opposition during a public hearing on the request on Wednesday, Dec. 21 in a P&Z Commission meeting. 

History

The restaurant opened in July 2015, and in September Waddington contacted the county to request a change to the CUP to include live music.

“At that point P&Z said, according to records of the CUP approval, it was okay to have live music until 10 p.m.,” Waddington said.

The venue began to offer live outdoor music. But later, after the county received complaints, they went back to the audio of the meeting and found a mistake had occurred in the recording of the meeting minutes. Camden County Planning and Zoning Administrator Kim Willey looked into the Redhead Lakeside Grill’s CUP records and found that live outdoor entertainment was in fact not approved in the CUP, only "piped" music. 

The subject property is zoned Business-2 with the surrounding properties zoned R-1 (Low Density Residential) and Business-2.

During the December public hearing, Waddington stated that the property had been used for commercial purposes for more than 45 years. He purchased it in 2012. 

In a letter to the commission, Waddington stated that when the grill first opened on June 26, 2015, they were asked to “try” to operate without the benefit of outdoor live music. According to Waddington, this request was made by the P&Z commission and his neighbors during a public hearing on the original CUP request. They have since determined, after a lengthy trial period, that outdoor live music was a “significant entertainment feature necessary to attract and retain tourists during the summer months.” 

Public Hearing

During the public hearing on the CUP, multiple neighbors of the bar and grill voiced their opposition, citing a long list of noise and other nuisances. Waddington responded to the complaints saying, “We have a very family friendly environment. However you do get people who get out of control that is why I spent $175,000 on security in 2016.”

The P&Z Commission’s decision on CUP’s are final.

Scott’s Concrete rezone approved

In other business, the P&Z commission approved a request by Jane Martin, to rezone from B-2 to I-1 a pre-existing business known as Scott’s Concrete. The property is located at 2969 Old North Highway 5 in Camdenton. 

The subject property was zoned B-2 General Commercial. The majority of the pre-existing concrete plant and offices are located on the portion of this parcel zoned B-2. The remainder of the property is zoned I-1 Industrial. Surrounding properties are zoned I-1 Industrial, B-1 Office/Low Impact Commercial and R-1 Low Density Residential. 

This was a no fee rezone. Due to regulation changes by the Missouri Department of Natural Resources in 2003, the B-2 zoned portion of the parcel was merged into the current approximate 21.58 acre parcel resulting in two different zoning designations on one parcel. The Camden County Unified Land Use Code does not specify a “concrete plant” in any other outlined permitted uses; however I-1 Industrial has a principal permitted use for manufacturing. I-1 does not have a minimum lot size requirement. 

All future construction and associated permit requests for the subject property will have to be in compliance with the applicable provisions of the Camden County ULUC.    

Bull Run Bluff Campground rezoning tabled

The P&Z commission tabled a request by Cindy S. Manning to rezone from R-1 to B-2 a pre-existing business known as the Bull Run Bluff Campground due to opposition. The property is located at 17 Bull Run Circle in Camdenton. 

The property is zoned R-1 Low Density Residential and consists of four parcels. Three of the parcels are zoned B-2 and Manning intends to zone the fourth parcel consistent with the remaining three parcels. The majority of the lakefront property is in the area zoned R-1. 

This was a no fee rezoning due to the property being incorrectly zoned in the initial zoning process.  

The property meets the minimum B-2 lot size requirement of ten thousand square feet (approximately 10 acres). 

If approved, the parcel also has preexisting non-conforming recreational vehicles that can remain pursuant to Article 700 of the ULUC and can be replaced as long as they are replaced within six months. No additional campers/recreational vehicles and/or campsites can be added to the site. If approved, the property can be bought or sold and continue to operate as a campground provided it does not cease to operate as a campground for more than 365 days. 

Manning has the property listed with Four Seasons Realty as a campground and there have been issues and questions raised about not being able to increase the number of campsites on the 10 acre R-1 zoned parcel when the remaining parcels are zoned B-2. Any principal permitted use pursuant to Article 813 B-2 General Commercial can be placed on the property zoned B-2. By rezoning the approximate 10 acre tract, it would result in approximately 40 acres of B-2 zoned property. 

Opposition

The P&Z commission received several letters in opposition. In a letter from Robert and Susan Chatham, neighbors to the west of the subject property, the Chatham’s stated the unkempt property and inoperable vehicles were eyesores. They were also concerned about traffic, strangers (campground guests) in the neighborhood, damage to property values and the inability to sell property. They also questioned as to whether or not the property had sufficient security.

Neighbors, Martin and Madeline Wendel, were concerned about not being told what type of development could be built on the property. They were also concerned about traffic, safety, noise nuisance, utility usage, property taxes and property values. Stating, “Any rezoning should be accomplished only through proper and careful planning. And any action should provide all land owners with the full discloser of the impact, both beneficial and non-beneficial on their lives and properties. 

Kathryn Rickard Hundman (stating she was making a contact for herself and seven other property owners in the area, who were in agreement with her statements), said they were concerned because the Mannings do not live on the property and therefore they would not be impacted by the rezoning. She also requested a buffer zone of natural woods around the parcel be included in the determination.    

As with all cases, when there is opposition, the request was tabled until the next Camden County Planning and Zoning Commission. The next P&Z meeting is scheduled at 5:30 p.m. on Wednesday, Feb. 15. If the rezoning is recommended for approval it will go before the Camden County Commission on Thursday, Feb. 16.

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