June 2019 Minutes

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P & Z Meeting Minutes
June 3, 2019 7:00 P.M.

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

The minutes from April 1, 2019 were approved with a motion by Jarad Giddens and a second by Robert Wilson. All voted aye.

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

Visitors:

None

Agenda Items:

19-6-01/02 Minor Subdivision and Preliminary Plat – Tiffany Highlands Ph 5

Staff Report:  

Scott Godbey presented the staff report for the Minor Subdivision and Preliminary Plat.  Mr. Godbey stated that he would be presenting both cases together, but the Commission would need to vote on each one separately.  The applicant, Mr. Steve Eoff, is requesting that the southern lots from Tiffany Highlands Ph 4 addition be split off along with using land from the Richmond Subdivision to create a street that is able to support lots on both sides.  The 5th addition of Tiffany Highlands will utilize land from non-conforming lot sizes found in the 4th addition of Tiffany Highlands.  The addition of property from the Richmond Subdivision will accommodate a road with houses on both sides. 

Staff supports approval of both the Minor Subdivision and Preliminary Plat with conditions as stated.

Public Hearing

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

Clayton Kannas, 712 S Peachbrook.  Mr. Kannas asked if the road would be finished if this went through.  Mr. Cossey stated that yes it would. 

Discussion

With no further discussion, Joe Gallant made a motion to approve the Minor Subdivision with a second by Robert Wilson.  All Voted Aye.

Robert Wilson made a motion to approve the Preliminary Plat with a second by Joe Gallant.  All voted aye.

19-6-03 Sewer Easement Vacation – The Pines Subdivision

Staff Report

Scott Godbey gave the staff report for the Sewer Easement Vacation Request.  Mr. Godbey stated that when the property was originally platted in 2008 but never developed.  The sewer easements in question were recorded in 1969 but were never used.  The applicant is requesting a vacation of the sewer easements to allow for a larger building envelope. 

Staff supports approval of the request with conditions as stated.

Public Hearing

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

Derek Lee, Lee Engineering 1200 W Woodhurst, was present if the Commission had any questions. 

Discussion

With no further discussion Robert Wilson made a motion to approve the request with a second by Jarad Giddens.  All voted aye.

19-6-04 Short Term Rentals

Staff Report

Scott Godbey gave the staff report for the Short-Term Rental Ordinance.  Mr. Godbey stated that through exhaustive research they had drafted an ordinance that addresses concerns raised by Short Term Rentals.  Mr. Godbey read the definitions of the ordinance so that the Commission would become familiar with the terms used. 

Sarah Bader asked for clarification on the length of stay if the owner is there.  Mr. Godbey stated that the length of stay is 14 consecutive days. Joe Gallant stated he felt that the 90 days limitation was unfair and would like it to be 365 days.  Mrs. Bader asked what type of information would be kept on renters and how it would be obtained.  Mr. Cossey stated that since potential renters go through sites such as Air BnB, it isn’t something we could regulate.  Mrs. Bader asked why we couldn’t require this information.  Mr. Cossey stated that it was on the owner of the home to keep those records and that the City could not regulate them.  The owners would have to obtain a business license and agree to all of the regulations pertaining to short term rentals.  Mrs. Bader asked if the City could ask for the list of information from the owners of anyone that rents.  Mr. Cossey stated that the City could request the information if there was a problem.

Joe Gallant again stated that he disagrees with the 90 days and asked about the inspection process for short term rentals.  Mr. Cossey stated that anyone signing up for the short-term rental program would have to agree to a rental inspection once a year. 

Jarad Giddens asked if the Homeowners Association could ban or restrict short term rentals in within their jurisdiction.  Mr. Cossey stated that they could, however the City would not be able to regulate it, it would be up to the HOA to regulate.  Mr. Giddens asked if there was a maximum occupant load?  Mr. Cossey stated that maximum occupancy loads are dictated by the current building codes.  

Public Hearing

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

No one approached the Commission

Discussion

Steve Huff stated that he had an issue with any regulations because he feels like Nixa is not a destination but more of a bedroom community.  Maybe in a couple of years it can be revisited. 

Upon conclusion of discussion by the Commission it was decided to table the case to let staff update the ordinance per direction provided by the Planning and Zoning Commission.

19-6-05 Medical Marijuana Regulations

Staff Report

Travis Cossey presented the staff report the Medical Marijuana Regulations.   Mr.  Cossey stated that On November 6, 2018 Missouri voters approved Amendment 2 to the Missouri Constitution (Article XIV).  Article XIV allows the regulated use of medical marijuana including cultivation, testing, manufacturing and sale.  Included in Amendment 2 is an implementation schedule that established August 3, 2019 as the date that the state must start to accept applications for a license to operate a medical marijuana facility.  Applications for a state license must include a specific location, this necessitates that the City of Nixa adopt zoning regulations establishing guidelines identifying zoning districts and location criteria for the new operations.

Public Hearing

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

Matt Riker,2655 Heron Ln, Shell Knob MO, approached the Commission.  Mr. Riker stated that he was a business owner and was looking at possibly opening a dispensary in Nixa.  Medical Marijuana is medicine and feels like this area would be a good fit for his business. Mr. Riker said that the dispensary would be like a bank.  You would walk in and have to check in and scan a prescription card before any marijuana was dispensed. 

Casey Bilyeu, 623 N Elmwood Springfield, approached the Commission.  Ms. Bilyeu stated that she was looking at a location across the street to open a dispensary.  She said that Mr. Riker covered most of what she wanted to say but was here for any questions the Commission may have. 

Discussion

Upon conclusion of discussion by the Commission Steve Huff made a motion to approve the regulations with a second by Jarad Giddens.  All voted aye. 

Planner’s Report

No Planners Report

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

 

________________________________
P&Z Secretary, Jarad Giddens