January 2020 Minutes

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P & Z Meeting Minutes

January 6 7:00 P.M.

Members Present: Derris Butler, Chance Peebles, Joe Gallant, Loren Winter, David Young, Randall Bettis, Robert Wilson.  Members Absent: Kami Patrick, Sarah Bader.

The minutes from December 3, 2019 were approved with a motion by Robert Wilson and a second by Chance Peebles. All voted aye.

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


No one was present.

Agenda Items:

20-1-01 Rezone Request – Lot 4 WAA-CAA Subdivision

Staff Report:  

Scott Godbey presented the staff report for the Rezone Request. Eduard Rusu has submitted a Rezone Request for his 1.004-acre parcel located at the intersection of East Hwy. 14 and Shangri-La Court. The land was annexed into the City of Nixa on February 14, 1994. In December of 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 a non-buildable lot containing a City of Nixa regional lift station. The rezoning application submitted with the Preliminary Plat provided for an R-3 (multi-family) zoning for Lot 4. The lot was rezoned on November 26, 2018 to R-1 (single-family). The lot was then placed for sale, Mr. Rusu purchased the property in October of 2019.  Staff supports the request.  

Public Hearing

Leslie Dye, 201 Shangri-La, stated that Shangri-La was a private street and the City did not maintain it. The existing lot 3 is big enough for 2 single family homes and should remain as R1. 


Derrick Bodendorfer, 255 Shangri-La, stated that this lot should follow the Covenants for this subdivision.  He feels that it should remain as single family. 

Joe Green, 168 Shangri-La,  stated that he has been in this subdivision since 91 when his dad and stepmom purchased the property.  They were not notified when it was rezoned to multi-family and taken out of the subdivision.  Mr. Green feels that Hwy 14 cannot handle the additional traffic of a commercial site. 

Jeff Thomas, 224 Shangri-La, stated that traffic is bad at this location. 


Chance Peebles stated that the lots along the southside of 14 are Commercial and feels like the area is not hurting for commercial space.

Joe Gallant asked if Hwy 14 is still going to be widened. Travis Cossey stated that yes, MoDOT planned the widening in different stages over a 3-year period. 

Mr. Peebles asked if the “s” curve would be taken out in that area.  Mr. Cossey stated that the curve would be softened. 

Eduard Russo, 320 SE 17th St Troutdale, OR 97060, is the applicant and stated that he made a mistake by buying the lot without seeing it.  Mr. Russo stated that the noise from the traffic is too much for a single-family home. Mr. Russo contacted the city about rezoning the property to be able to develop for commercial use. 

David Young asked if it was developed for commercial use, would they be allowed to utilize Shangri-La Ct.  Mr. Cossey stated that any development request would be forwarded to MoDOT to get approval for access to Hwy 14. 

Loren Winter stated that the Comprehensive Plan was created and developed by the residents of Nixa.  The Comprehensive Plan identifies the highest and best use for Hwy 14 is for commercial development.  The Comprehensive Plan provides guidance for development over a 20-year period.  The choice is to follow the Comprehensive Plan or go with the guidance of City Council when they rezoned the property to R-1.

After much discussion, Joe Gallant made a motion to deny the request with a second by Robert Wilson.  All voted aye.  Request denied.

Planner’s Report

Scott Godbey presented a report on the Census 2020.  Mr. Godbey wanted to ensure that information was distributed so that the Commissioners could help spread the word on the importance for everyone to participate. 

With no further business, Robert Wilson made a motion to adjourn with a second by Randall Bettis.  All voted aye.


P&Z Secretary