P & Z Meeting

Members Present: Matt Lander, Randall Bettis, Matt Ogden, Tariq Lewis, Loren Winter, Sarah Bader, Derris Butler, Joe Gallant. Members Absent: Robert Wilson. The minutes from February 7, 2022 were approved with a motion by Randall Bettis and a second by Matt Lander. All voted aye. The agenda was approved with a motion from Joe Gallant and a second from Randall Bettis. All voted aye.

No one was present.

Public hearing and recommendation to the City Council concerning an application to amend the City of Nixa’s official zoning map by changing the classification of approximately 0.91 acres located along the 900 block of East Mount Vernon Street from R-1 to General Commercial (GC)(Exhibit A) Public Hearing Garrett Tyson presented the staff report for the request. Mr. Tyson stated that Yuriy and Marina Podolskiy are the owners of approximately 0.91 acres of land located at the NW corner of the intersection of E Mt Vernon St and S Shangri La Ct more particularly described as Lot 4 of the WAA CAA subdivision. As the owner of the real property, the Podolskiy’s have applied to rezone this lot from the R-1 single-family residential zoning district into the General Commercial (GC) zoning district. Public Hearing Loren Winter opened the public hearing for anyone wishing to discuss the request. Jayne Young approached the commission and stated that she was here to answer any questions. (This was not her case, she mistakenly got up on the wrong one. Her request will follow this one.) Derek Bodendorfer, 255 Shangri La Ct, Approached the Commission. Mr. Bodendorfer stated that this has been brought before the Commission before and he still feels the same. It should be kept as a single-family lot. There were currently subdivision restrictions that would prevent any type of commercial building to be built on this lot. He presented several pages of documents to be kept with the file. Joe Green , 168 Shangri La Ct, approached the Commission. Mr. Green stated that he has lived at this location since 2008 and doesn’t want the lot in question to be re-zoned. Visibility is limited and there are wrecks at this intersection all the time. Leslie Dye, 201 Shangri La Ct, approached the Commission. Mr. Dye stated that there would be no access directly onto Shangri La Ct as this was a private road. Jeff Thomas, 224 Shangri La Ct, stated that he had lived in this home for approximately 3 years. Hwy 14 is a hazard and there are wrecks all the time at this location. Leave the zoning as is. Discussion Matt Lander asked which Commissioners were on the board the first time this was brought before them. Joe Gallant stated that he was present but unable to vote. Tariq Lewis asked if there were concerns at that time. Loren Winter stated that there were several concerns at the time. But the role of the Planning and Zoning Commission is to figure out what the best and highest use for this parcel of land. The Commission cannot look at the Subdivision Covenants or Cost associated with it. It is a difficult decision and they had to take each request on a case-by-case basis. This request fits well within the Comprehensive Plan but at the same time there are valid concerns with the neighbors. Randall Bettis asked if there were any other options for access to this property. Mr. Tyson stated that there was not. City records show that there is an access easement along the east property line of the lot in question which would allow for ingress and egress. There are significant traffic hazards in the area. The curve and the high rate of speed is not good. A Commercial business would increase traffic flow in that area. A traffic study would be conducted to mitigate the hazard. Randall Bettis asked if MoDot would be involved. Mr. Tyson stated that they would conduct their own review of the area. Loren Winter stated that the job of this Commission was merely a recommendation board, and their recommendation would be taken to the City Council. Without further discussion Loren Winter asked for a motion. Matt Ogden made a motion to approve the request. With no second the motion died on the floor.

Staff Report Garrett Tyson presented the staff report for the request. Mr. Tyson stated that Jayne Young is the owner of approximately 0.58 acres of land located at the SE corner of the intersection of E Mt Vernon St and S Market St. As the owner of the property, Ms. Young has applied to rezone the site from the R-1 single-family residential and Neighborhood Commercial (NC) zoning districts into the General Commercial (GC) zoning district. Staff recommends approval. Public Hearing No one approached the Commission Discussion Joe Gallant made a motion to approve the request with a second by Randall Bettis. All voted aye. Motion passed.

Staff Report Garrett Tyson presented the staff report for the request. Mr. Tyson stated that The City of Nixa is situated within an area characterized by geologic features commonly referred to as Karst topography. The most well-known karst feature is the sinkhole, which is a natural depression in the surface topography caused by the removal of soil or bedrock by water. Sinkholes become a matter of public interest because the depressions typically hold stormwater runoff, which can be a flood hazard, and they can also provide a more direct conduit to groundwater sources, which increases susceptibility to contamination. The City of Nixa has regulated development within and around sinkholes for many years. The regulations focus on preventing flood hazards and promoting water quality. While administrating these regulations, it was discovered that one of the flood mitigation provisions was more restrictive than was necessary to promote the public interest. The amendments to the City’s sinkhole regulations that accompany this memorandum were crafted in response to that discovery Public Hearing Gary Pendergrass (registered geologist) approached the Commission. Mr. Pendergrass stated that he has worked with the City since 2006 on issues relating to sinkholes. Mr. Pendergrass stated that he would answer any questions the Commission might have. Ryan Jepson, Olsson Engineering, approached the Commission. Mr. Jepson was also present to answer any questions. Discussion Sarah Bader thanked both coming to the meeting and being available for questions. Ms. Bader asked how this would be regulated. Mr. Tyson stated that it would be on a case-by-case basis. With no further discussion Randall Bettis made a motion to approve the amendment with a second by Joe Gallant. All voted aye.

None With no further business, Joe Gallant made a motion to adjourn with a second by Randall Bettis. All voted aye.