April 2018 Minutes

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Planning and Zoning April 2018 Minutes

P & Z Meeting Minutes
April 2, 2018 7:00 P.M.

Members Present: Jarad Giddens, Joe Gallant, Loren Winter, Jack Bickler, Bud Jones, Bob Blondo, Robert Wilson.  Members Absent: Steve Huff, David Young.

The minutes from February 5, 2018 were approved with a motion from Joe Gallant and a second from Bob Blondo. All voted aye.

The agenda was approved with a motion from Joe Gallant and a second from Jarad Giddens. All voted aye.



Agenda Items


18-04-01 and 18-04-02 Annexation and Preliminary Plat for Oakhurst Subdivision

Staff Report:  

Travis Cossey presented the staff report for the Annexation and Preliminary Plat request.  Mr. Cossey stated that the Report and discussion would include both the annexation and preliminary plat, however they would need to be voted on separately.  The property is an 81.89-acre property located in south of Forest Park subdivision and east of Rolling Hills next to both S Gregg Rd and Norton Rd.  The applicant is requesting 3 separate zonings for this property.  R-1(single family), R-3(multi-family), and NC (neighborhood commercial).

Palmerton and Parrish conducted a geological survey for the subject property and identified 6 known sinkholes and 3 possible sinkhole areas delineating the rims of the affected areas and applying an additional 10 feet of setback from the area.  These areas have been referenced on the Preliminary Plat and the applicant has chosen to avoid these areas for development in compliance with the City of Nixa’s adopted regulations.

The applicant is requesting approval of a preliminary plat for the creation of 122 lots.  The proposed subdivision will allow for the addition of 116 single family homes, 1 Multi Family lot (21.80 acres in size) and 2 Neighborhood Commercial lots.  The sinkhole areas have been referenced on the Preliminary Plat and the applicant has chosen to avoid these areas for development in compliance with the City of Nixa’s adopted regulations.

Staff recommends approval of the annexation request and the preliminary plat with conditions as stated.

Joe Gallant asked which lots the possible sinkholes were located on.  Mr. Cossey stated lots 7, 8, 9 were possible sinkhole locations.  Bud Jones asked what zoning allowed a Halfway House.  Mr. Cossey stated that a Halfway House would require a Special Use permit and would have to be reviewed by both the Planning and Zoning Board and the City Council.  Jarad Giddens asked if a Special Use permit could be revoked at any time. Mr. Cossey said that Special Use permit could be reviewed once a year and that they could be revoked.

Bud Jones stated that NC zoning did not give a blanket allowance for any business.  Mr. Cossey stated that NC zones allowed businesses that were compatible with a neighborhood setting.  Jarad Giddens asked for examples of NC zoned businesses.  Mr. Cossey said that Sub Shops, dry cleaners, professional offices were just a few that would be allowed.

Public Hearing

Robert Wilson opened the discussion for the Public Hearing. 

Brad Neely, 977 S Pinewood Ln, approached the Commission.  Mr. Neely stated that he was not against the development but did have some concerns with 2 of the proposed zoning.  Mr. Neely stated that the NC zoning concerns him, now the neighborhood is nice and quiet and doesn’t want the uptick in pedestrian traffic.  With 3 convenience stores within a mile, doesn’t feel like they need another one.     The R3 zone concerns him because he worries that it won’t be high end and feels there are other places to put Apartments. He is also concerned about what construction will do to the sinkholes.

Mindy Johnson, 1669 S Songbird Cr, stated she was fine with the development but was concerned about the other proposed zonings. Ms. Johnson stated that she was worried about what will be built.  She has researched and feels that there are some undesirable NC zoned businesses that she doesn’t want to see in her neighborhood.  Ms. Johnson suggested installing shrubbery to separate Gregg Rd from the homes and to move the NC zoned area to the other side of the property. Mr. Bud Jones asked her what the undesirable businesses would be.  Ms. Johnson stated that laundry mats and convenience stores because it would encourage transients. 

Michelle Delcourt, 988 S Redwood, stated that her property backs up to the proposed NC zoned area and would have to look at it when she was in her back yard.  Concerned about the bus stop that is on the corner and the transients that a convenience store would attract.  She feels like Nixa already has enough commercial areas that are currently vacant to accommodate anything that would go in this area.

Katy Plein, 973 Pinewood Ln, stated that she is 85% behind the development with the exception of the NC and R3 zoned areas.  Feels that this area is to secluded and would encourage criminal activity.

Steve Morrison, 1239 Shelvin Rock Rd, stated that he was glad that S Gregg Rd would be improved because it was too narrow at this time and was looking forward to having access to Hwy 160.

Stu Stenger, Ron Stenger Properties, stated that he was the developer of this property.  Mr. Stenger said that with the sinkholes on the property it does not lend itself to be all Single Family.  With the Comprehensive Plan in place it states that Nixa would encourage R3 and NC zoned areas and this property lends itself to this zoning.  It won’t all be developed at the same time.    The first step is to get it zoned.  Joe Gallant asked how many apartments would the 21 acres hold.  Loren Winter stated that not all of the 21 acres was usable because of the sinkholes and only about 7 acres would be usable.  Mr. Cossey stated that only a small area is buildable and it wouldn’t be more than acres. 

Jason Evendon, 988 S Pasture, stated that he feels that the NC zoned area is not necessary and that the section of Gregg that runs through the sinkhole area is a concern.  Storm water already drains to Greg Rd.  Will there be storm water pipe installed to make sure it doesn’t flood.

Stephanie Stenger, Ron Stenger Properties, stated that the purpose of the zoning was to take into consideration what was needed in this area.  That is what they are trying to do.  R4 would not be feasible for this area because of the sinkholes.  Bud Jones asked if there would be street infrastructure if it was zoned as R4.  Mr. Cossey said that it would be very challenging because of the sinkholes.

Sherry Jones, 982 S Ballard, stated the NC and R3 should be put on the other side of the property.  Would like to know how much the homes would be sold for because that would determine what type of people would be moving in.


Joe Gallant stated that the lot sizes were larger than average and would probably mean larger houses.  Loren Winter stated that they were prohibited from basing their decision on home values of the development.  Robert Wilson stated that the Commissioners had certain codes and regulations to follow and in some respects their hands were tied. 

Mr. Cossey wanted to clarify that the Comprehensive Plan is a guide and not a requirement. 

Mr. Wilson stated that they would be voting on the Annexation separately from the Preliminary Plat. Mr. Loren Winter made a motion to approve the Annexation request with a second by Joe Gallant.  All voted aye.  Motion passed.

Jarad Giddens made a motion to approve the Preliminary Plat with conditions as stated with a second by Joe Gallant.  6 voted aye 1 voted nay, motion passed.  (Aye – Jarad Giddens, Joe Gallant, Loren Winter, Jack Bickler, Bob Blondo, Robert Wilson, Nay – Bud Jones.)

Planner’s Report

Mr. Cossey said there was not a Planner’s Report this month.  Would like for the Commission to view the Market Study conducted by ReMax on housing needs in the 65714 area code. 

With no further business, Joe Gallant made a motion to adjourn with a second by Jarad Giddens.  Meeting adjourned.


P&Z Secretary, Bud Jones