P & Z Meeting

Members Present: Sarah Bader, Randell Bettis, Robert Wilson, Derris Butler, Loren Winter. Members Absent: Matt Lander, Joe Gallant, Matt Odgen, Tariq Lewis. The minutes from June 6, 2022 were approved with a motion by Randall Bettis and a second by Derris Butler. All voted aye. Robert Wilson did want it noted, the minutes from June 6, 2022 have Loren Winter as Mr. Loren instead of Mr. Winter. The agenda was approved with a motion from Randall Bettis and a second from Sarah Bader. All voted aye.

No one was present.

Old Business and Tabled Items: None

Public Hearing and Recommendation to the City Council Concerning an Application to Amend the City of Nixa’s Official Zoning Map by Changing the Classification of Approximately 0.38 Acres Located Along the 900 Block of North Westview Drive from Neighborhood Commercial (NC) to Single-Family Residential (R-1). (Exhibit A)

Staff Report Scott Godbey presented the staff report for the amendment. Mr. Godbey reviewed the request for rezoning. Mr. Terry Fielder owner of 906 North Westview Drive submitted the request to rezone the current Neighborhood Commercial (NC) to Single Family (R-1) zoning. The property once featured a single-family home, but in 2009 the home was demolished due to a fire and the lot has been vacant since. Mr. Godbey discussed the possibility of rezoning the entire street to R-1. Rezoning to R-1 would be the best use for this area. Staff recommends approval. Public Hearing Samantha Cherry 4236 Tuscany Circle Ozark is the real estate agent representing the seller. Currently they are under contract contingent upon rezoning. Multiple agents have listed previously but have had issues due to zoning. Discussion Robert Wilson supported the idea of rezoning the entire block. Loren Winter recalls this may have been discussed during the first comprehensive plan many years ago. Typically rezoning isn’t done without an application but this may be an exemption. Without further discussion, Robert Wilson made a motion to approve the amendment with a second by Derris Butler. All voted aye.

Public Hearing and Recommendation to the City Council Concerning an Application to Amend the City of Nixa’s Official Zoning Map by Changing the Classification of Approximately 8.36 Acres located at the Southeast Intersection of North Cheyenne Road and East North Street from General Commercial and R-3 Multi-Family to Planned Unit Development-Mixed Use (PUD-MU) (Exhibit B)

Matt Ogden arrived at 7:14 p.m. Staff Report Scott Godbey presented the staff report for the request. Mr. Godbey stated this rezone is different due to changing to a Planned Unit Development (PUD). Currently it is zoned as two (2) General Commercial (GC) lots and one (1) R-3 lot. The original property of seventy-seven (77) acres was annexed in 2015 with zoning of R-1, R-3, and GC. The R-3 zoning was South of the GC and extended further along Cheyenne Road. In 2019 it was replatted as a minor subdivision separating the multi-family and commercial away from the R-1 but kept the same zoning and rearranged the GC to be surrounded by multi-family. The proposed amendment to this zoning will allow the combination of R-3 and GC. With GC on the Ground floor and R-3 above. The current R-3 zoning allows 14.52 dwelling units per acre, the proposed density would allow 15 dwelling units per acre. That is a difference of four (4) dwelling units. The current R-3 zoning has a max building of 35 feet, the proposed max building is 60 feet. Ozark and Nixa Fire Protection were contacted regarding the proposed increase height, and they are fine with the increase. This doesn’t necessarily mean they will be built to that height but if they were the fire department would be able to provide service. Mr. Godbey reviewed the prohibited commercial uses for this area. Screening is required between the PUD and R-1 and PUD requires the parking areas to be screened from adjoining R.O.W. The building setbacks are in line with current City setbacks, other than R-3 zoning the building to be setback 20 feet from the rear property line, with regular R-3 require 12 feet. A provision of the PUD indicates any Nixa city code not addressed in the PUD-MU document will apply. Staff recommends approval. A brief discussion was held among commissioners. Public Hearing Dane Seiler 5051 S. National, CJW Engineer. The property is zoned commercial the developer is seeking to add mixed use to this location. The current code doesn’t allow for this and that is why a PUD is requested. The traffic impact would be less intense. Left turn lanes will be installed in driveways to mitigate traffic impact. A detention basin will be onsite to control stormwater and run-off. This will be a mixed-use development. Mr. Seiler responded to Sarah Bader’s question regarding road widening. Ali Matthews 347 Cheyenne Road stated it is unfortunate that the original developer told her this area would be like Wicklow’s 55+ development. She lives across the road from the incoming development and the new developer doesn’t have the same type of plan as initially discussed. Ali is not in favor of apartments or commercial being built there. Another issue with the development is Cheyenne Road hasn’t been widened but was resurfaced with a turning lane which won’t help with the traffic. Aly suggested the addition of sidewalks to help alleviate school traffic by allowing families to walk children to school. This needs to be done before construction not during. She is also concerned about the water run-off with this development, she was told a pond with a fountain would be installed, instead a drainage retention is there that barely holds water after a heavy rain and causes her front field to flood. Ali’s property is in the county, but the City development has created this flooding issue on her property. Lastly, this is a residential area the roads in place can’t handle the incoming heavy traffic. Rodney Vernon 854 Apollo Ct. has concerns like Mrs. Matthews. The traffic and flow will be a major issue. He asks to be proactive and be ahead of this traffic problem. There will be lots of children that live a quarter (1/4) mile from their school and have no way to walk to school. This intersection is already an issue and will get worse. He would like this to be fixed now instead of later. Discussion Robert Wilson asked for more information from Mr. Godbey and Mr. Seiler regarding the traffic. Sarah Bader asked if it could be written not just a verbal statement that the roads will be done prior to construction of the development. Scott Godbey added there are transportation improvements planned and currently designed for North and Cheyenne intersection to Century Elementary. The plan will include taking the hills out for safer travel. Sidewalks are a priority of the current City Council to create them throughout Nixa. Dane Seiler reiterated the plan improvements along North Street to Century Elementary. The North and Cheyenne intersection is planned to be a roundabout, expected to handle school traffic. Mr. Seiler is not sure of the plans for sidewalks North and South of the intersection. The influx of traffic is being addressed by the addition of left turn lanes. Sarah Bader asked if the widening and turn lanes will be done before the beginning of construction to allow the construction vehicles to access the turn lanes. Dane Seiler stated the turn lane would be installed before the occupancy of the building allowing those entering the property the use of turn lanes. Sarah Bader asked about the number of construction vehicles traveling in the area. Dane Seiler was only able to provide an estimated number of possibly twenty (20) to thirty (30). Randall Bettis asked about the detention basin location. Dane Seiler explained the water will flow to a detention pond located in the Southwest corner of the Cheyenne Road R.O.W. Matt Ogden asked to put into writing to start the road first (1st) because of the high volume of construction vehicles. Loren Winter added the developer would be responsible for upholding the current law and cannot be forced to put in writing what is over and above the current law. Special restrictions cannot be imposed of what is allowed. Sarah Bader stated the traffic issue is more of a concern, and not the construction. Council Member Jarad Giddens addressed questions regarding timeline. Mr. Giddens added the North Street project is in the engineering phases with expected cost of $10,000,000. The goal is to start and finish the North Street project in 2023. The main reason not to put the road in first (1st) is because it would have to be done twice due to the wear and tear during construction. Randall Bettis asked about the school’s ability to take on more students without adding more buildings. Jarad Giddens stated the buildings were built for future expansions in mind. Loren Winter stated he feels a PUD has a less intensive effect of what could have been in an area. Robert Wilson agreed Planning and Zoning must abide by the laws in place, and to change would have to be done by City council. Loren Winter reviewed with Sarah Bader this is for zoning change with a recommendation to City Council. Loren also asked for clarification from Mr. Godbey that traffic and improvements to roads would be based off traffic and impact studies, so the improvements are based off plans in place. Scott Godbey added the improvement required by the developer are determined by a traffic impact study at the site of entrances. The traffic concern is very well known and there are projects in the design phase awaiting funding. Scott Godbey stated the review of buildings will be conducted by a third (3rd) party reviewer, using the 2018 IBC and the traffic impact study is conducted by an outsourced traffic engineer. Sarah Bader appreciated Mr. Giddens’ information on a timeline for improvements. Randall Bettis made a motion to approve the request with a second by Derris Butler. All voted aye. Motion passed.

Planning and Development Activity Update Scott Godbey stated there was no planning report to present. The Planning and Development Director position is still posted. City Council Member Jarad Giddens added there is a possible candidate for the open position. Loren Winter brought back for discussion the topic of updating the zoning codes for modular and 3-D homes. Loren is concerned about the missed opportunities for providing the needed zoning for this type of home. Modular homes have come a long way, and the costs are estimated to be around $20,000.00 less than homes built on site and are hard to differentiate one from the other. Mr. Winter asked Mr. Godbey to look at the website for S2Amodular that features modular homes. Scott Godbey added there is current zoning for modular homes. This has been discussed with the City’s attorney and plan to wait until a new Planning and Development Director is hired to visit this topic. With no further business, Sarah Bader made a motion to adjourn with a second by Randall Bettis. All voted aye.