CAMDENTON, Mo. — Neighbors say they're okay with 21 "toy barns" planned for construction on Happy Point Road in Camdenton, and the Camden County Planning & Zoning Commission approved the plan last week.
P&Z approved a request by Rowland Bernal Jr. for an amendment to the Lakeside at Cross Creek Planned Unit Development (PUD) for 21 single family lots known as “Toy Barns,” to be modified for classification as accessory use lot structures. Bernal Jr. sought the amendment for the purpose of building “toy barns” (large garages) on 21 single lots on Happy Point Road, in Camdenton.
Residents that live closest to the proposed development spoke in opposition to the PUD during a public hearing on the case held Wednesday, Sept. 20, but later rescinded their opposition. William and Beth Fink expressed concerns about intrusive lighting, noise, inadequate fencing, as well as the possible interruption of their “quality of life.” They later withdrew their opposition due to their concerns being satisfied by Bernal Jr. The Lakeside Homeowners Association were cited as being in favor of the PUD amendment.
Bernal Jr. voiced his intent to be an asset to the neighborhood by providing a location for homeowners in the subdivision to store their cars, motorcycles and RV’s etc. “I will make sure that barn owners are only legitimate property owners in Lakeside,” Bernal Jr. promised. He also stated that his goal was to comply with all fire department and county requirements. He said he would try to add acceptable buffers and build quality buildings, and nothing would be stored outside of the building.
Camden County Commission Chairman Jacob Nuesche lives near the proposed development. “My qualm is enforcement,” Nuesche said. “What is the mechanism for enforcement?” Camden County Commissioner Kim Willey said that since the development was located within a home-owners association, the private restrictions can be civilly enforced.
Case history
On July 16, 2014, the P&Z commission approved a PUD amendment for the above property after the first applicant (Mark Cribb) amended his original request. Cribb originally applied for a replat of the original seven lots into 33 accessory use lots. He then amended the request to 21 lots. After a number of public hearings and overwhelming opposition, Cribb further amended his request to construct single family homes, not “toy barns,” that would be compliant with Camden County Unified Land Use Code, ULUC, and the subdivision restrictions, including architectural review board approval.
Stop Word Order and Legal Action
On Sept. 12, 2014, P&Z staff discovered a new sign being installed at the entrance of the subject property. On Dec. 18, 2014 a Stop Work Order was posted on Lot 15 of the development, and a Compliant File was opened. Violation Letters were then sent to Cribb and the stop work orders were removed.
Cribb proceeded to construct two additional non-permitted structures on Lots 7 and 8. Lot 7 was subsequently sold with the violation unresolved.
After non-compliance, the county pursued legal action to enforce the ULUC in Camden County Circuit Court against all owners of property within the development.
The applicant is the original investor, who is applying to amend the PUD, in order to be code complaint and resolve all of the foregoing violations and pending litigation.
Lot 7 has been sold to the Stacey S. Weddle Revocable Living Trust and Lot 15 is now owned by Mark and Brenda Cribb. It is understood that there is a contract pending on Lot 8, to a property owner that is within the Point Happy Development. The owners of Lot 7 and 15 have consented to this application.
The rules
To comply, Bernal Jr. intends to pave the roads within the development, and properly permit the existing structures and any new structures. He will also provide a bond or irrevocable letter of credit 1.5 times the engineers estimate for the road construction and utilities He will also provide proper utility easements pursuant to the ULUC. He does have the option to install all the infrastructure prior to the issuance of any additional zoning/construction permits.
Bernal Jr. must comply with all applicable provisions of the ULUC for any current, or future use of the property, as well as comply with all local, state and federal laws and regulations prior to commencement of construction, allow for a buffer and water and sewer connections to each structure. Accessory structures can only be used as personal storage, with no commercial activity of any kind, and they the quiet hours within the development, between the hours of 9 p.m. and 7 a.m. must be kept.
