April 2019 Minutes

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Planning and Zoning April 2019 Minutes

P & Z Meeting Minutes
April 1, 2019 7:00 P.M.

Members Present: Robert Wilson, Kami Patrick, Joe Gallant, Jarad Giddens, Sarah Bader, Loren Winter, David Young.  Members Absent: Steve Huff

The minutes from February 4, 2018 were approved with a motion by Joe Gallant and a second by Jarad Giddens. All voted aye.

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




Agenda Items:

19-4-01 Rezone Request - The Orchards

Staff Report:

 Scott Godbey presented the staff report for the Rezone request.  Mr. Godbey stated that the subject property is a 4.69-acre parcel currently zoned R-1 (single family), located east of Lot 50 of the Woodfield Subdivision and West of Hedgpeth Estates.  There is a sinkhole located on the northern end of the property that cannot be built on and a 100’ electric easement located along the east side of the property.  The property was originally annexed into the City of Nixa as part of the 40-acre site for the Woodfield subdivision on June 10, 1996.  The Orchard, LLC (Brad King), purchased the parcel in August of 2017 and owns the lot directly to the west that is zoned R-3.  Development of this lot will require the extension of Truman Blvd.  The City of Nixa will provide the design plans to the developer of this property.  The proposed rezoning meets the goals and objectives provided in the City of Nixa Comprehensive Plan.  Staff supports the rezone with conditions as stated.

David Young asked if the same person owned lot 50 and the current parcel, Travis Cossey stated that yes, it is owned by the same person.  Mr. Cossey said that by rezoning this parcel it would provide for a better site layout for the projected 5 apartment buildings. 

Kami Patrick asked if there were any plans to connect Truman Blvd in the event the plans don’t go forward.  Mr. Cossey stated that yes it would eventually be connected.

Jarad Giddens asked what the zoning was for the property located to the south of the subject property. Mr. Godbey stated that it was zoned as single family, however, with the amount of sinkholes it was undevelopable.

Public Hearing

Loren Winter opened the Public Hearing to anyone who would like to speak concerning this application.

Angela Langsford, 878 W Heather Glenn, approached the Commission.  Ms. Langsford stated that she had concerns with having apartments located next to her home.  She asked if the developer could build on the current lot 50 if the rezone didn’t go through.  Mr. Cossey stated that yes they could still build apartments on the existing lot.  Ms. Langsford stated that she felt this would affect the appeal of the single-family homes located next to this lot.  Loren Winter stated that as of yet there were not any plans on file that would tell what would be built there.  Mr. Cossey stated that when Woodfield was developed there were plans to develop 5 building that would be 3 stories in height that would cater to seniors with an on-site nurse.  Those plans did not happen, Mr. Brad King purchased the property but has not submitted constructions plans.

Loren Gist, 880 W Heather Glenn.  Ms. Gist stated that most of the questions she had were already answered but would like to know how much green space was required for the property and that without solid plans she feels that it would be too risky to approve the request. 

David Auston, 710 W Bryant St.  Mr. Auston stated that he feels this property should at most be duplexes and not apartments.  His home is right next to the property and feels that it would be a mess.  He asked what kind of separation there would be.  Mr. Cossey stated that there would be a buffer between property lines, unless it was separated by a street; then the street is considered a buffer.  Mr. Auston asked who would be responsible for mowing and general maintenance on the property.  Mr. Cossey stated that it was the responsibility of the property owner and in this case that is Mr. Brad King. 

Ryan Curry, 409 S Bryant. Mr. Curry stated that when he bought this property he was told that it would be single family.  He does not want apartments next to his home. 

Cathy Curry, 409 S Bryant.  Stated that she does not want apartments and asked to deny the rezone request.


Joe Gallant asked if lot 50 was already zoned R-3, the lot in question would be R-4?  Mr. Cossey stated that no the zoning request was for R-3.  Mr. Gallant asked how many apartments this would accommodate, Mr. Cossey stated that a maximum density is 2 units per 3,000 sq.ft. of property.  Mr. Cossey stated that there is a very large section that is unbuildable due to a large sinkhole and the 100’ KAMO electric easement.

Loren Winter stated that the Commissions job was to vote for what would be the highest and best use of the property.  Mr. Winter feels that R-3 is a good use for this parcel. 

Kami Patrick asked if the builder had expressed moving forward with developing lot 50 if the additional parcel was not rezoned.  Mr. Cossey stated yes, he would.

Upon conclusion of discussion by the Commission, David Young made a motion to approve the rezone request with conditions as stated with a second by Loren Winter.  Ayes: Loren Winter, David Young, Jarad Giddens, Kami Patrick, Robert Wilson, Nays: Sarah Bader, Joe Gallant.  Motion passed 5 to 2.

Planner’s Report

Scott Godbey gave a brief report on the City of Nixa Rental Property Vacancy Report.  The purpose of the report is to show the number of known rental units throughout the

City of Nixa. This report will also give vacancy rates for each multi-family (R-3)

residential complex, as well as the vacancy rates for Single-Family (R-1) rental units,

and Duplex/Patio Home units (R-4) throughout the City of Nixa.

Mr. Godbey also gave a report on a Short-Term Rental Ordinance(draft).  Mr. Godbey directed the Commission to look it over and come back next month with thoughts and discussion on how to proceed.  

With no further business, Joe Gallant made a motion to adjourn with a second by Jarad Giddens.  All voted aye.


P&Z Secretary, Jarad Giddens