Planning commission omits fence requirement for Shore Lane campground over FEMA deed restriction

BRANSON, Mo. — The Branson Planning Commission on April 1 approved a staff-requested amendment to a 2022 special use permit for an RV campground on Shore Lane that removes a previously required perimeter fence where a lot is restricted by FEMA deed restrictions.

The amendment, which omits condition No. 4 of resolution SU22-003, passed on a 6-0 roll-call vote. The change applies only to the western boundary lot that fronts Lake Taneycomo and which staff said carries deed restrictions from the Federal Emergency Management Agency that bar fences on that parcel.

The amendment matters to nearby homeowners because the original 2022 approval included a fence requirement along parts of the campground perimeter that adjoin low-density residential (LDR) zoning. Planning staff said one of the lots subject to the permit is a FEMA lot and that deed restrictions limit the types of structures allowed there, including fences.

Jennifer, a planning department staff member who presented the proposal, told commissioners the omission would remove the requirement tied to the FEMA lot but would not order removal of existing fences elsewhere on the property. She said staff has observed landscaping and trees on the FEMA lot and described it as preserved open space.

Stormwater coordinator Trason Lawler attended the meeting and was available to answer technical questions about the FEMA deed restrictions, staff said.

Residents who live near the campground spoke at the public hearing and urged the commission to consider neighborhood impacts. Matt Kendrick of 305 Lee Drive asked whether the change would require removal of existing fencing, saying, “does the whole fence have to come down, or is it just no fencing around the FEMA lot?”

Michael “Mike” Pike, of 405 Shore Lane, said removing the perimeter fence could reopen earlier negotiations about buffering the neighborhood: “Removing the campground perimeter fence to comply with FEMA is not as easy as 1 might think. I think you're opening the door to the original agreement again.”

Thomas Harrison, who owns property adjacent to the FEMA lot, said the campground has depressed nearby property values and pointed to signs on facility buildings restricting use to campers: “there are signs there that that say on the on the bathrooms, the new bathrooms they installed, as well as the boat dock that was installed. It says not open to the public for RV campers only.”

Planning staff responded that the omission removes the fence requirement only for the FEMA lot and does not compel removal of the newly installed fence segments along Lake Drive, Moore Drive and part of Shore Lane. Staff also noted the installed fencing was grant-funded.

Background: the special use permit was originally approved by the commission on Oct. 4, 2022 (resolution SU22-003). The permit authorized an RV campground and included conditions the commission found necessary at the time, including the perimeter fence requirement that is now being omitted in part because of the FEMA deed restriction on one of the lots.

Action taken: the commission voted 6-0 to approve the amendment omitting condition No. 4 of SU22-003. No mover or seconder was recorded in the public transcript of the motion; the roll-call vote recorded six “yes” votes and zero “no” votes.

The commission did not direct staff to remove any existing fences nor set any follow-up requirements as part of this approval. Staff will note the amendment to the resolution and incorporate the omission into the permit file.

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