P & Z Meeting Minutes
January 7, 2019 7:00 P.M.
Members Present: Robert Wilson, Kami Patrick, Joe Gallant, Bob Blondo, Jarad Giddens, Steve Huff, Sara Bader, Loren Winter, David Young. Members Absent: None.
The minutes from December 3, 2018 were approved with a motion by Loren Winter and a second by Bob Blondo. All voted aye.
The agenda was approved with a motion from Joe Gallant and a second from Steve Huff. All voted aye.
19-1-01 Minor Subdivision Request – Meeks Lumber
Scott Godbey presented the staff report for the Minor Subdivision request. Mr. Godbey stated that Blew and Associates submitted the request on behalf of WLM RE HOLDCO (Meeks Lumber), for the Meeks Subdivision. They would like to split off 1.33 acres of their current 7.67 acre parcel. The newly created Lot 2 would be undeveloped land in the southeast corner of the current Meeks Lumber lot. Staff supports the Minor Subdivision with conditions as stated.
Robert Wilson asked what the intended use for the new lot would be. Mr. Godbey stated that they intended to sell the lot. Mr. Wilson asked how the lot would be accessed. Travis Cossey stated ACCESS WOULD BE PROVIDED VIA Northview Drive with a 60 foot access easement provided on Lot 1.
Jarad Giddens asked if the current Old Wilderness would be extended to that property. Mr. Cossey stated not at this time.
No one was present to speak on behalf of Meeks Lumber.
David Young made a motion to approve with a second by Jarad Giddens. All voted aye.
19-1-02 Rezone Request – WAA-CAA Subdivision
Joe Gallant recused himself from this portion of the meeting due to a financial conflict to the applicant. Mr. Gallant left the meeting after stating his need to abstain.
Jarad Giddens made a motion to remove the item from the table with a second by Bob Blondo. All voted aye.
Travis Cossey presented the staff report for the rezone request. Mr. Cossey stated that the property was annexed into the city on February 14, 1994. In December 2002 a preliminary plat and rezoning request were reviewed and approved creating WAA-CAA subdivision. The subdivision created 5 lots, with Lot 3 designated as non-buildable. The preliminary plat provided for an R-3 (multi-family) zoning for Lot 4. The applicant is requesting to rezone Lot 4 from R-3 to R-1 to accommodate construction of a single-family home. This request does not support the City of Nixa’s Comprehensive Plan that identifies Highway 14 as a commercial retail corridor. The current zoning of R-3 is supported by the Comprehensive Plan. The request was tabled at the November 2018 Planning and Zoning meeting so that staff could consult with the City Attorney concerning the Subdivision Covenants. Mr. Tim Riker upon review of the covenants and history of the area, provided information and an opinion that P & Z could proceed with review and recommendation on the zoning request.
Staff does not support rezoning this property and recommends denial of the request.
Robert Wilson asked if the Commission had any questions for Mr. Cossey. Sara Bader asked what was currently located in the area. Mr. Cossey stated that there are single family homes and the Northeast Regional Lift Station.
Robert Wilson opened the public hearing.
Leslie Dye – 201 Shangri La Ct. Mr. Dye stated that he was in support of the rezone request. He feels that the surrounding homes supports an R-1 zoning. Mr. Dye stated that he was not aware that Lot 4 had been rezoned to R-3 in 2002. Sara Bader asked if staff had record of notifications for the 2002 case. Mr. Cossey stated that to answer that would necessitate a review of the file in storage.
Derek Bodendorfer – 255 Shangri La Ct. Mr. Bodendorfer stated that when he purchased part of the original lot 6 and built his home, he was told that he had to comply with all the covenants of the subdivision. Mr. Bodendorfer presented information from an attorney representing the current property owners. Mr Bodendorfer asked questions regarding surrounding property uses and stated his support of the proposed rezoning request.
Sara Bader asked if lot 4 met the current guidelines for construction of a single-family home. Mr. Cossey stated that the R-3 zoning does not support a single-family home, that it would have to be 3 or more units. Ms. Bader asked the applicant if he was aware of the zoning when he purchased the property. Mr. Tunell stated that he was aware of it.
Kyle Tunell, 211 W Oak St. Stated that he feels if it’s his property he should be able to build what he wants. He purchased the property knowing it was zoned R-3 but hoped that Missouri’s property honors rights philosophy would allow him to get support for the rezoning. Jarad Giddens stated this support for the Comprehensive Plan and the principals it includes.
Loren Winter stated that the applicant was aware of the zoning when he purchased the property and that the purpose of the Comprehensive Plan was to keep certain areas of the City for commercial purposes and it had the best interest of the City at its heart.
Andrew Ashley, 261 Shangri La. Mr.Ashley stated that he didn’t want to see a commercial business or property built. He asked if there was a way to change the Comprehensive Plan to reflect what they want. Mr. Cossey stated that the Comprehensive Plan is a document that is reviewed and able to be changed. It is the hope that the Community will produce a new plan in the newar future as the current document is nearing 15 years old.
Sara Bader stated that as a Commissioner they are sworn to uphold the best interests of the City, however, as a homeowner it was a struggle to know what the right thing to do is.
Robert Wilson asked if there would be a buffer between any R-3 construction and the other single-family homes. Mr. Cossey stated that there are screening requirements in place for multi- family property that abuts single family.
David Young made a motion to deny the rezoning request with a second by Loren Winter. All voted aye. Request denied.
Travis Cossey gave a brief overview of building permits for the last year. The Building Department finished out the year with 250 single family permits and the next year should remain about the same.
With no further business, Jarad Giddens made a motion to adjourn with a second by David Young. All voted aye.
P&Z Secretary, Jarad Giddens