Neighbors' protests are notorious for delaying—or even spoiling—the hopes of investors who are planning a lakefront commercial development. But on Shawnee Bend, neighbors' opposition has delayed a project going the other direction: a local developer wants to take an old resort/marina and turn it into Lakefront homes, and that apparently has some folks worried.
The Situation: Mesa Contractors LLC/Dustin Wisecup seeks to rezone approximately 7.62 acres located at 304 Shawnee Four Drive in Sunrise Beach, Mo. from B-2 Commercial to R-3 Residential. The property is formerly known as Broken Arrow Marina and includes an old resort.
However, at their May meeting, the P&Z commission tabled the request due to some opposition from neighbors. Among them, one individual was concerned that the project might be abandoned and the property—which would have been rezoned to Residential R-3—would have a lakefront restaurant/bar built on it. (The construction of a restaurant/bar would require commercial zoning [or a conditional use permit]... in fact, the kind of zoning the property currently has.)
Image ©2018 Google
The property had a Planned Unit Development (PUD) overlay, however, pursuant to Article 900 of the Unified Land Use Code, any development that sits idle and/or has not had a final plat recorded for two years, will be considered expired. This property has sat idle for more than two years.
The applicant intends to construct 25 single family homes on the property. The R-3 zoning allows for up to 17 units per acre on the 7.62-acre property. The homes are planned to be approximately 3,700 s.f., with a garage area of 624 s.f. and a deck of 480 s.f. Community docks and pool are also proposed. The houses will be sold similar to the way a condominium unit is sold. Purchasers will buy only the units and driveway areas to the platted roadways. The surrounding property and amenities will belong to the association.
The development will be served by central water and sewer systems, which the developer proposed will connect to the water and sewer mains in the Route MM and Shawnee Bend Four area.
No one spoke in favor of the rezone request. However, multiple neighbors attended the meeting and spoke in opposition to the request. The comments included:
- Concerns the developer would abandon the project and a lakefront bar or condominium could be built in the residential neighborhood.
- The development would have a significant impact on the land.
- This came up before P&Z 11 years ago, and was denied due safety hazards, because the development would increase traffic beyond what the roadways can handle.
- “I thought the county had an interest in limiting high density coves. We are concerned, not knowing how many docks will be added. The cove gets very narrow in the back,” said one neighbor. “We have no authority over docks, that is Ameren,” outgoing Camden County Administrator Kim Willey commented. The developer’s plan is to have 15 docks.
The P&Z commission tabled this request due to opposition during the public hearing. This case will come back before the Camden County P&Z Commission at 5:30 p.m. on Wednesday, May 16 at the Camden County Courthouse.
Condo Construction: Rezone Request Approved
At the meeting, the commission approved recommending a request by Hil-Stone Development to rezone 19,476 s.f. from R-1 to R-3. The purpose of the rezone request was to construct a seven-unit condominium building off Mission Hills Lane in Camdenton. If approved by the county commission, the condos will be built next to the current Clearwater Condominiums. This request received much opposition at the March P&Z meeting from residents near the proposed development, as well as from Clearwater Condominium owners.
Condo Garages Approved
The Camden County Planning and Zoning Commission approved recommending a request by Ronald K. Carpenter to rezone from R1 to R3, an undeveloped 10-acre lot that is contiguous with the Sunrise Bay Condominium development in Sunrise Beach, Mo.
The applicant stated at the Wednesday, April 18 P&Z commission meeting, that he intended to construct garages on the second-tier portion of the property to use as accessory structures to support the existing condominium units.
The property is zoned R-1 and it meets the minimum lot size requirement of R-3 (High Density Residential) zoning. Utilities and infrastructure were platted prior to zoning regulations, as part of a previous condominium development. The owner stated they were under the impression the property was already zoned R-3.
Two letters of opposition were received well in advance of the meeting, however, there was no opposition at the April meeting. The case will now be heard by the Camden County Commission.
CUP for Outdoor Flea/Farmers Market Approved
In other business, the P&Z commission approved a request by Jay W. Jameson for a Conditional Use Permit, CUP, to operate an outdoor flea/farmers market on a parcel of commercial property located at the intersection of Highway 5 and Sellers Road, near the Hurricane Deck Bridge, in Sunrise Beach. P&Z Commission Chairman Jacob Neusche was the only one to vote against this CUP.
The property is zoned B-2 General Commercial, and the surrounding properties are zoned a mix of B-2 General Commercial, A-R Agricultural Residential and R-1 Low Density Residential (across Highway 5).
The purpose of the CUP is to allow for outdoor-sales at a flea/farmer’s market. Pursuant to the Unified Land Use Code, uses within the B-2 General Commercial zoning district will only allow for indoor operations, unless approval of a CUP is granted by the P&Z commission.
During a public hearing on the request in March, multiple neighbors spoke against this request citing; the property was connected to a dangerous intersection and the flea/farmers market would be an unsightly nuisance that could lower property values of the more expensive homes in the neighborhood. Jameson commented at the April P&Z meeting that, according to the Missouri State Highway Patrol, there were 24 accidents at that intersection in the past 10 years, and no one was seriously injured. “That’s an average of two accident’s a year, that’s not bad,” Jameson interjected. “All of Highway 5 is just as dangerous.” Jameson also submitted that the ambulance district was in favor of this CUP.
Jameson agreed to a suggestion by commissioners to move the operation further away from the highway. The P&Z commission has the final say on Conditional Use Permits.
