By: Gary J. Groman, a.k.a. The Ole Seagull
At the Dec. 10 meeting of the Branson Board of Aldermen (the board), ex-alderman David Edie requested that the decision that the previous board and mayor made to permit a 300 foot skyscraper to be built on one of Branson’s most prominent pieces of land be reversed. That topic was discussed at the Work Session of the board held on Jan. 22 as the request of Alderman Bob McDowell.
Branson City Attorney, Paul D. Link said that he had discussed the issue with city Planning Director, Don Stephens. He presented an overview of the different building heights authorized in different zoning areas. The maximum building height for commercial zoning is 100 feet.
Link then went on to point out that in the Planned Development (PD) type of situation being discussed, specifically the PD commonly known as The Point Entertainment Complex, located at 448 State Highway 248, Branson, Missouri, the normal building height requirements of a particular zoning district might not apply. Each PD that is approved by Branson’s Planning and Zoning Commission and the board becomes its own zoning class and contains the zoning requirements for that development. As an example, the PD for the Branson Landing and Convention Center PD’s has a height limit of 200 feet rather than the maximum height of 100 feet authorized in the non PD commercial zoning situation.
The first and only incident of a PD authorizing a building height higher than 200 feet was the Point Entertainment Complex PD (Point PD) that Edie is requesting to be reversed. Link went on to explain that the process would involve someone sponsoring a proposed amendment to the Point PD proposing a lesser height requirement, which would then be presented to the Branson Planning and Zoning Commission and ultimately to the board for their action. After some discussion on who could sponsor such a request Link suggested that a board member could do so.
Link said that his research indicates that matters of this nature are legislative in nature and presumed valid. He pointed out that it would be up to the person challenging any change to the PD to prove that any change was “arbitrary and unreasonable.” He went on to say that as long as “It’s clear that this board is making that change for reasonable reasons and is in no way arbitrary or unreasonable then this board would have that defense in the event of some sort of litigation by the developer.” It was also pointed out that as of this date no one has filed for a building permit to build on the property under the provisions of the PD.
Mayor Raeanne Presley asked Edie if the discussion had been helpful. Edie said it was and said, “I would like to see it carried through.” The mayor felt that before the city took any action that a discussion should be held with HCW and the owners of the property. She expressed her opinion that “They did it fair an square and that sometimes we have to live with decisions that past groups have made.” She went on to say that she might not like it but “it is what it is.”
Alderwoman Sandra Williams asked if the 300 feet authorized in the Point PD set some sort of precedent. Link responded, “No because PD’s are all on their own merit.” Aldermen Jack Purvis said that although we can say that each PD has to stand on its own once we approve one for x number of feet above what has been normal that it is a precedent whether we want to admit it or not.
Purvis reminded the board that this situation was very controversial, determined by a split vote, and had come back to the “table” and was re-voted on again. Alderman Dick Gass said, “I would just like to remind everybody that this came to the council from P&Z and they approved this and we had quite a lengthily hearing and there were an equal amount of people that came there some for it and some against it. So it just wasn’t an arbitrary thing that the council made a decision on. There was quite a discussion on this thing.”
Although there was no vote on the issue, it was generally agreed that the mayor would talk with the property owner and get back with the board.
Furnished courtesy of the Branson Daily Independent.
