November 2019 Minutes

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P & Z Meeting Minutes

November 4, 2019 7:00 P.M.


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

The minutes from October 16, 2019 were approved with a motion by Robert Wilson and a second by Chance Peebles. All voted aye.

The agenda was approved with 2 amendments: Introduction of new Commission members and the nomination and election of a new Secretary with a motion from Joe Gallant and a second from David Young. All voted aye.



Agenda Items


19-11-01- Xtreme Exteriors – Special Use Permit

Staff Report:  

Scott Godbey presented the staff report for the Special Use Permit.  Mr. Godbey stated that Summer Lampe of Xtreme Exteriors was requesting the Special Use Permit to be able to have outdoor storage at 1376 W Mt. Vernon.  They have outgrown their current building space and are utilizing the outside for storage of supplies.  Our code requires that hardware stores with outdoor storage located in General Commercial zoning, must get a Special Use Permit in order to operate. Staff supports approval of this request with conditions as stated.  Sarah Bader asked if it would be a covered area or just gravel and fencing.  Mr. Godbey stated that it would just be gravel and fencing.

 Public Hearing

No one was present.


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

 19-11-02 – Verizon Wireless – Special Use Permit

Staff Report

Scott Godbey presented the staff report for the Special Use Permit.  Mr. Godbey stated that Verizon Wireless and Gehrs Realty have submitted for a Special Use permit for a new wireless communication facility to be located at 111 N Majestic Oaks Dr.  Verizon currently has equipment installed on the City owned water tower located at 659 E Mt Vernon.  The water tower is not structurally capable of supporting additional equipment that they require to update their wireless network and improve their services in the area.  The City of Nixa was contacted to see if a new support structure could be constructed on the same parcel as the water tower, however with insufficient space on the existing parcel, they were forced to search the area for a more suitable location.  Staff supports approval of the Special Use Permit with conditions as stated. 

Robert Wilson asked how tall the cell tower would be.  Mr.Cossey stated that it would be in excess of 200 ft.  The existing water tower would still be taller than the cell tower.  Sarah Bader asked who would be responsible for maintaining the road that will go to the tower facility.  Mr. Godbey stated that Verizon would be.  Kami Patrick asked if the public would be able to access the road.  Mr. Cossey stated that the compound would be gated but the road would be accessible. 

Public Hearing

Curtis Holland, Attorney for Verizon Wireless, 900 W 48th Place, Ste 900, Kansas City, Missouri 64112, approached the Commission.  Mr. Holland presented a brief Power Point presentation that explained the reasons behind building a stand-alone tower versus the water tower.  Mr. Holland stated that Verizon was planning for future growth and usage and needed to upgrade their equipment. 

Randall Bettis asked how far out the coverage would be from this tower.  Mr. Clay said it depended on several factors but anywhere between 1-2 miles.  Chance Peebles asked if there would be any noise, such as buzzing, or any lighting that would interfere with the quality of life for the neighboring community.  Mr. Holland stated that the only light would be at the front gate and there wouldn’t be any noise. 

Dr. Sarah Lockenvitz, 841 E Country Ridge, approached the Commission.  Dr. Lockenvitz stated that because there was a dispute with who actually owns this lot, that the request should be denied.  Mr. Cossey stated that staff received a title report for this property and it states that Gehrs Realty is the owner.


Joe Gallant asked if  the question of ownership for the property was something that the Commission could even get involved with.  Mr. Loren Winter stated that it was not something the Commission could consider as it was a Civil Matter. 

David Young asked what the fall radius was.  Mr. Cossey stated that the fall radius was taken into account with the setback requirements.  In the event that the tower would fall it would stay on the property.  Mr. Holland stated that the tower would not fall over, it would crimp downward.  There are multiple safety factors in the design that would prevent it from falling. 

With no further discussion, Joe Gallant made a motion to approve with a second by Randall Bettis.  All voted aye.

19-11-03 Building Code Amendment

Staff Report

 Staff is proposing the adoption of a Building Code Amendment to provide clarification to the 2018 building code.  Chapter 423 of the 2018 IBC (International Building Code) and Chapter 1106 of the 2018 IEBC (International Existing Building Code) identify requirements for storm shelter construction for Group E Occupancy.  As defined by the building code Group E Occupant structures are any building with and occupant load greater than six or more persons used for educational purposes through the 12th grade.

Nixa Public Schools is in the process of preparing construction documents for a proposed addition to the Century Elementary School.  During construction plan preparation, the architect notified the City of a potential concern with the lack of clarification that Chapter 423 of the IBC and Chapter 1106 of the IEBC provide for determining when storm shelter improvements are needed.  Reading the code language staff agrees that clarification is warranted to provide for a clear and precise determination of when additions or alterations to existing educational facilities are required to comply with the storm shelter requirements.

To provide consistency between the adopted building code and other adopted city ordinances staff is proposing an amendment to establish that additions or alterations to Group E occupancies greater than 25% of the existing gross floor area of the facility will require that the structure provide storm shelter improvements in accordance with Chapter 423 of the IBC and Chapter 1106 of the IEBC.  This will provide a consistency with Sec 101-263 of the City of Nixa Code of Ordinances. 

Public Hearing

Dr. Kevin Kopp, Nixa Public Schools, 301 S Main, approached the Commission.  Dr. Kopp stated that at this time there were 2 schools that were housing students in trailers.  There is an immediate need to add to Summit Elementary and Century Elementary, but with the codes they way there were written it would be impossible to move forward with constructing additional classrooms.  The Schools have applied for FEMA grants to construct additional storm shelters but have not heard back at this time.

Sarah Bader asked where the new additions would be at the Century Elementary location.  Ms. Bader also had concerns with the terrain of the property that Century sits on. 

Mr. Brandon Dake, Dake Architects, 134 Park Central Sq #400, Springfield Mo 65806 approached the Commission.  Mr. Dake stated that there wouldn’t be any plans until they were sure they would get funding for the projects. 

Randall Bettis asked if the new neighborhood to the east would be in Century Elementary’s boundary.  Mr. Kopp stated that yes all the new building going on in the area created an even bigger need to expand. 

After much discussion, Robert Wilson made a motion to approve the Building Code Amendment with a second by Joe Gallant.  All voted aye.

Planner’s Report

Mr. Cossey stated that in the packets this month was an article titled How to Avoid a Conflict of Interest. 

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


P&Z Secretary