Planning & Zoning Commission - Regular Meeting

Uh, I'd like Oh, good. Uh, I'd like to call to order the February 3rd, 2026, uh, meeting for the city of Fenton Planning and Zoning Commission. Uh, first order on the um item is our pledge of allegiance. If you're able to stand, the flag's in the back. Okay, thank you. Uh, next item on our agenda is our roll call. Um, so, Secretary Abbott, if you could call roll, please.

Uh, yes, sir. Thank you. Chairperson Yman here. Uh, Vice Chairperson Cheryl here. Uh, Secretary Abbott is here. Alderman Harrell here. Mayor Morath here. Uh, Commissioner Whisbrock here. Commissioner Vohees here. And Commissioner Bilicki here. Uh, we have Glover and Nelson have both been excused for this meeting.

We have a quorum. And I'd also I'm sorry. I'd like to uh recognize that we have um older person Robin Hules in the audience and we have um our city attorney Aaron Cely. We have Mike Abbott from the parks board and Bruce Rogers, one of our aldermen, is on the Zoom. Gary Johnson. Okay. How about the the chair chair Gary Johnson? We got to throw you in there, Gary. Yeah. All right. Sorry, I welcome recognize you not being up here.

Well, welcome all. Um, so next we've got a couple of notices to read off. First is our notice to the public. Uh, which, uh, thank you all for showing up tonight. Um, so for our public meeting ground rules, uh, they go like this. Uh, if you wish to speak, please pick up a speaker request form. These forms are located at the sign-in table, which is, uh, in the back. Um, please complete the form and present it to Secretary Deb Abbott prior to the public comment section of the agenda of the agenda. The chairperson will call your name during the public comment section of the agenda. Your comments and questions uh from the members of the public will be limited to 3 minutes each. Uh, you will not be recognized to speak until you have filled out the form. Please address all comments to the planning and zoning commission. If you have a question for a petitioner, please address that question directly to the commission. All questions will be referred to the petitioners at the end of the public comment portion of the agenda. Uh the commission demands respect and courtesy for others during the proceedings. Inappropriate behavior will result in the forfeite of the speaker's allotted time and may result in removal. The planning and zoning commission wants to hear what you have to say about the items on today's agenda as it relates to cases at present. Okay, so that's our notice to the public. We have a few notice for parti notices for petitioners as well. Uh the next board committee meeting is Thursday, February 12th, 2026. The next board of alderman meeting and public hearing is Thursday, February 26, uh 2026. And also a simple majority vote of the commission shall be necessary to constitute a positive recommendation to the board of alderman. Okay, I think that covers all of our notices. Next on the agenda is approval of the minutes from the January 6 uh 2026 meeting. Anyone on the commission have any

questions or comments about the minutes? None. Okay. I'll go ahead and move for approval of the minutes from the January 6 meeting. Can I get a second? I'll second. Second from Secretary Abbott. All in favor? I second it. I wasn't here. Okay, sorry. I think I heard Let's do that again. All in favor? I. Any opposed?

All right. The minutes are approved. Okay. So, uh we are now to uh the section of our agenda where we will take public comments. Um as I said before, uh anyone who wishes to speak will hopefully have filled out a form. Um and uh comments are limited to three minutes for each person. So uh did you have some folks submit forms? I have none. Yes, I have two, but they uh have elected to speak under the item um on the agenda. So during the reasoning I

Okay. So, we'll we'll cover these comments when we cover the item. Okay. And do you have one more you're wanting to turn in, sir? Okay. We'll we'll collect that when you're ready. No rush. We we know you're filling it out. All right. Um Okay. Okay. So, we'll go ahead then uh and cover public comments that all pertain to the appropriate agenda item and move on to old business uh which of which we have none. So on new business, our first case is 2026 SUP01, a petition, a petition by Muhammad Al Cure Kirwi of Night Owl Tobacco LLC for a special use permit to operate a tobacco shop at 794 Gravoy Bluffs Boulevard A. The property is zoned uh C1 Commercial District. I apologize if I mispronounced your name. Um do you have a summary of this case for us, Amy? Yeah, I do. Um, this is a request to operate a tobacco shop at 794 Gravway Bluffs Boulevard A. This is in the C1 district, which requires a special use permit. The tenant is proposing to relocate from 35 Gravway Bluffs Plaza Drive into the subject 1600 square foot um vacant tenant space that was once occupied by a cell phone repair shop. Um, a tobacco shop is defined as an estab a retail establishment that primarily engages in the sale of smoking products or devices, including tobacco products, alternative nicotine products or vapor products, and related accessory products and supplies for consumption offsite. A tobacco shop does not include a marijuana dispensary facility and does not include the sale of marijuana or marijuana infused products. It's also worth noting that the um definition does not include the sale of hemp or hemp derived products which are regulated

separately under the code. And a reminder that purchase of tobacco products is age restricted with a minimum age to purchase those tobacco or vape products at 21.

Okay. Thank you. Um does anyone have questions for Amy uh regarding this particular item? None. Okay. Uh, do we have a petitioner in the uh room who would uh be willing to come up, excuse me, and approach the podium? Um, excuse me. We do have a few conditions that we'd like to uh read into the record and just make sure are acknowledged if uh there's anyone here representing the business. Thank you. And if you could state your name and address for the record. My name is Muhammad Al Kurui.

Thank you. Um, okay. So, I'm just going to acknowled ask you to acknowledge a few conditions that we'd like to attach to this particular request. Um, and does anybody have any questions for the petitioner before we go through the conditions? I didn't think so. Okay. First of all, um, approval of the special use permit is for MD Night Owl Tobacco LLC to operate a tobacco shop at 794 Gravoy Bluffs Boulevard A as indicated on the plans provided with the application dated January 2nd, 2026.

Acknowledge that. Okay. Uh, second, no sale of products contain containing hemp or hemp derived compounds is permitted. Okay. Three, any proposed signage will require separate sign permits to ensure compliance with the sign code. Yes. A separate occupancy permit will be required before the tenant space can be occupied. And last, compliance with all other applicable city codes and ordinances. Yes.

Okay. So, with those conditions, I'd like to go ahead uh and move for approval of case 2026 SU1, a petition by Muhammad Al Curwi of Knight Owl Tobacco LLC for a special use permit to operate a tobacco shop at 794 Gravoy Bluffs Boulevard A. The property is zone C1 Commercial District. Can I get a second? I'll second. Okay, we have a second. Um Amy, can we do a roll call vote? Chairperson Yman, I. Commissioner Bilicky, I. Vice Chairperson Cheryl, I. Secretary Abbott, I. Mayor Morath, I. Alderman Harold, I. Commissioner Whisper,

I. Commissioner Borhees, I. Motion approved. Okay, thank you very much. Thank you all. Good luck to you.

Okay, so that covers our first item on the agenda. Um the next item is uh case 2026 re01 which is consideration of a request to reszone certain properties from St. Louis County NU uh non-urban district to the city of Fenton NU non-urban residential district to conform with the comprehensive development plan. Um the parcels are addressed as I'll go ahead and should I read these into the record? I'll read them into the record. You see them up there, too. But the parcels are addressed as 256 Allen Road, 272 Allen Road, 515 Bush Force Lane, 526 Bush Forest Lane, 527 Bush Force Lane, 539 Bush Forest Lane, 550 Bush Forest Lane, 555 Bush Forest Lane, 566 Bush Forest Lane, 567 Bush Forest Lane, 450 South Old Highway 141, 478 South Old Highway 141, 605 South Old Highway 141, and 609 9 South Old Highway 141. That is the one and only time. I will read them all in and we'll just reference them uh as read for future reference. Okay. Amy, did you want to provide a summary of this one for us?

You bet. Um, the city updated its comprehensive development plan in December of 2023. The comprehensive development plan is a long range planning document that serves as a policy guide for future land use and informs the city's zoning. So part of the goals and objectives of the comprehensive plan is to reszone those properties that were annexed into the city in 1997 and still retain St. Louis County zoning designation from 1997 to reszone them to a new or compatible city of Fenton zoning district. Um so the properties being considered tonight for resoning are those properties still under the county's NU um non-urban district that are used for residential or agricultural purposes. A review of the county's NU district found uses not compatible with the existing neighborhood, including crematoriums, extraction and processing of raw materials, airports and landing strips, and correctional facilities, among others. So, the comprehensive plan is clear that the commission's future vision for these parcels is for them to remain residential or agricultural. So in an effort to preserve and protect those existing agricultural and residential uses, the city established its own NU district under the city zoning code with uses that promote large lot res rural developments and restrict incompatible uses. So um it is worth noting that this proposed resoning will not affect the current uses of these properties in any way. Um, we mailed letters to the affected property owners explaining what the purpose of the resoning was and the community development department did hear from one uh property owner, met with that property owner um to answer questions and to provide some additional information.

Okay, great. So, um that was a wonderful summary. Um I may for the benefit of the folks in the public um put a few things in my own words if that's okay. Uh so what Amy just summarized there for everyone is um the city has this big document called a comprehensive plan and as part of a city in the state of Missouri. This plan helps set the overall vision for how we want to see the city of Fenton developed and it helps us establish zoning districts to make sure for instance that a Walmart's not going to get get built right next to somebody's house. Um those zoning districts sometimes need to be updated and changed to make sure that uh they're staying current with the way the city is envisioning the overall growth and development and they can become outdated. And so what happened in this particular case, the parcels that are up tonight had an old St. Louis County zoning uh like designation that allowed for some really um sort of fascinating uses and and Amy went through them fairly quickly, but one of them I think was like raw m mineral extraction. So like you know a person could basically start drilling for oil on their land and there's nothing the city could do about that. Um it would be within the zoning code. Uh, airports was another one on the list. And so that was an outdated zoning designation that the city did not think was really applicable with the way the land was getting used or consistent with the other residential districts within the rest of the city. And so we all agreed that as part of the update to the comprehensive plan, we should reszone those to match the residential districts around the rest of the city. And that's what we're effectively doing tonight. We

we did vote and approve on the comprehensive plan uh months ago. Um also in a public forum. Um and uh at that point in time um though that doesn't actually change the zoning. To change the zoning we have to go through a process like this where we in fact update the code so that each of those districts is specifically reszoned under the new zoning. So that that's what we're assembled to do tonight and that is why everybody got notified of the zoning change that is um intended for your property assuming this passes. Now we still have to actually vote on this and then the board of aldermen have to also approve it but that's the process that's essentially in play. Um Mayor Morath, did you want to add?

Yeah, if I may, I would probably call on the city attorney to expound because I think it's important what you mentioned the comprehensive plan. uh the city, we've had developers that have come forward and attempted to develop properties and because of that comprehensive plan, we've been able to defend that in court. Um would you like to carry that a little bit further?

Um sure. Absolutely. Yes. So the comprehensive plan while it is not law, it is a guide. Um so and kind of st and what we do is we went through probably over a year process to update that comprehensive plan because as Mayor said we have um had developers come and want to you know put in more congested lots and those kinds of things when we have storm water and and issues. So we make sure we identify that within our comprehensive plan and then we can carry that forth within our zoning and then our zoning um is can be defended by our comprehensive plan. here. When looking at these properties, Amy studied the uses and saw that there were uses that could actually be permitted, which means they wouldn't even have to come to the city. They could just come and do that on their lot right next door to you without needing any permission. And we said, "Well, wait a minute. These uses are not compatible with how the property is being used." So Amy went and studied the old county zoning to look at the setbacks, look at the lots, look at the size lots, and then developed a zoning district to match your lots to make sure we are not messing with your setbacks or your uses. But really did create a zoning district to match your lots to encourage those large lot sizes while removing some of the uses that are not compatible with your residential use. So that's the goal of what we're trying to do.

Yeah. I think the last thing I'll just add for anyone who's curious um we do have this thing called a land use matrix that's available on the city website. It indicates that all the um permitted uses within a specific zoning district. Um and the the first column on this list, the one that's NU, is what we're going to change everything to. Correct. if we approve this. Correct.

Okay. And so just there there's not very many. So I'll just let everyone in in in the audience know the only things then that will be permitted within these residential districts if this pro passes tonight will be an academic school by special use permit, a church by special use permit, which means we have to still approve it before it can happen. Uh dwelling single family and that can be done without city approval. um farming, golf course also with a special use permit and not including a practice uh driving range. Uh public park and public utility facility with a special use permit. So, it's a it's a very small list of things and that's consistent with other residential districts in the city and hopefully uh answers a lot of questions um for those who are here tonight. Okay. So, with that, I do want to make sure we get a chance for every member of the public who wants to speak to have a chance to do so. So, should we start calling them up?

Have four. Okay. Forums. Okay. So, first on the list is uh Ken Karpowitz, I believe. If uh you're in Mr. Chairman, can you uh inform everybody that they have to speak very loud into that microphone? Okay, I will. So, uh, we are recording this and also broadcasting it over the internet. So, if you're not speaking into the microphone, uh, it won't get picked up. So, please do your best.

Hi, my name is Ken Karpowitz, 13369 Wintergreen Estates Drive. I'm the president of our subdivision trustee. I have 71 residents that are concerned about the farmland across the street from us, which is 609 and 605, Old 141. Concerned about that being developed into houses. Um, how many if that's It sounds like from your description that can be residential houses under your planning and zoning. Um, we know that's been a farmland for hundreds of years. And I used to buy honey from the owners. And Margaret, she always told me that she would never develop that into anything.

Sure. But, you know, we know times change. Um so just concerned about that property and what it could be developed and is that when it says comprehensive development plan that's wide spectrum you know our concern is houses being built across the street from us. Sure. Thank you. Thank you. Um, can we go ahead and just address that rather than having more members of the public come up? Sure. Um,

there is no plan to redevelop that property and I do believe that the property owner of of that property is here tonight and I he's um I think he's going to speak under public comments, but um in in the event that any of these properties get redeveloped for residential purposes, they have to we there it's a large lot residential development, a minimum of 1 acre lot size um is what we would require for any residential use coming into this area,

right? Yep. Yeah. The the comprehensive development plan is the name that I mean that might even be designated by the state, right? That you have to call it a development plan. I don't know. I mean, as typical legislative, they use a couple different terms, but comprehensive plan is one of them. They also use master plan and kind of use energy.

Okay. But yes, the the city happens to call our plan that is the vision for the city a comprehensive development plan. That does not mean that there is actually like an active development process about to take shape. Um it just means that we are thinking about the long-term vision of the city and how we want the zoning to work in the city. So two very different things. Um, as Amy said, there's no one actively attempting to develop any of this property as anything different than what it is. Um, that's not to say that in the future, obviously, it's it is public. I mean, it is it is privately owned land. as long as someone comes uh to the city to do something within the zoning code, putting residential would be permitted, but as Amy indicated, you would have to subdivide it first, which is a process that goes to the city. And in order to subdivide land, you have to fit within the minimum acreage that the city requires, which is one acre lots on under our development plan. So, um, that would be the minimum requirement a developer would have to would have to meet and they would have to ask for an exception to try and do less than that, which this city is not inclined to grant uh because it violates our development plan and we'd have to make an exception to that.

Does that help? And if I may, Mr. Chairman, what's important to me this evening is the fact that we're trying to protect what the current uses are. Um, as you have heard, a crematorium could come in there. Uh, other venues and airport and so forth. I don't think you all want to see that next door to you. Um, I think Graoy's Bluffs is enough. But, um, yeah, we're trying to protect the cot farm that has been around for, you know, centuries or at least a century. And, uh, as far as I'm concerned, eliminating some of those uses in St. those counties and you makes much more sense than to leave those in. If that if that helps you

and that's what I was going to say whether we reszone or not, someone could come right now with a residential development plan for that private property and we would have to review it under the NU St. Louis zoning. This actually allows us to review it under our zoning which gives the city a little more control. But we are not adding any uses. We're actually removing uses such as the prison, such as the airport that we do not think are compatible with your residential and farming argiculture uses.

Okay. Uh, next we have uh Gary Krooppy. And if you could also, even though I called it out, just state your name and address for the record.

I'm Gary Kppy. live at 555 Bush Forest Lane in Missouri 63026. You sent this letter out months ago or will not change or affect any existing use of your property in any way. Well, I'm losing mineral rights right off the bat. Correct. I called St. Louis County Commissioner this morning and she looked my stuff up. She goes, "You still got mineral rights on that 3 acres that I own." You're not losing anything about the value of your land. Um the ability to uh to drill on the land is something that the city does have the right to regulate under the new zoning code. That would not be a permitted use. Am I saying that correctly?

So you are changing something. That would be a change. Yes. Okay. I lose mineral rights. Am I still allowed to have three horses? Yeah. I think that falls under farming. Current use. She means the activity that someone is currently using their property for, not any future use that you may have. So what the property is using for existing is what she meant by current use within that letter. So we're not making any use non-conforming. Any existing use that is existing now will not become non-conforming.

So the farm across 141. It's zoned 1 acre residential is what you're going to zone that. Nobody is asking to redevelop that right now.

Right. We're saying if at some point years from now someone says they want to because there's been a change in ownership or for any reason, the city has a minimum requirement of 1acre lots for any subdivision. But it would require somebody selling the land, somebody wanting to develop it that way and coming to the city and asking for it and the city saying yes. But nobody can come in and buy 100 1acre lots and put in a data storage center. That's right. A data storage center is not a permitted use. Okay. Do we get to read this comprehensive development plan? Is this like 300 pages long or

Yes, it's not that long. It's closer to I think 20 or 30. And um you have to get a copy and read it. It's available on our website.

It's available on the website. and all of all of the I mean I I I know it's hard to get information about the city sometimes because you have to maybe know a little bit where to look but every one of the meetings we had was held in this room in a public forum so you know we as we were making these decisions it was open to the public to participate again I know that um thankfully we don't do a lot of things that people in the city have to worry about too much but um yes it was uh a publicly decided uh document and it's available to the public. Sorry about that. So, if I'm losing my mineral rights, what do I get for it?

Well, I mean, I don't think we're in a position to really address that tonight. Um, you know, the idea that you're losing mineral rights, I think, is your interpretation of what's happening. Um, we are changing the zoning laws that would make any future mining that isn't taking place right now more difficult. Um, it would not be a permitted use. Uh, whether or not that is something that you uh, you know, want to pursue in terms of any sort of concern, I I we're not in a position to really address that in tonight's forum. I might be willing to change my mineral rights if you could plow to bush forest lane went to snow plow and put some salt down forest since it's a hill like this. Uh

we have to come and get the salt now because Dan Howard won't even deliver it in a bins for us anymore. Well, I don't think that pertains exactly to the matter we're deciding tonight. Um and uh there's been a little bit of back and forth. I want to make sure you've had a chance to say all your comments, but the three minutes did expire. Thank you.

Okay, thank you. Um, okay. Next, we have uh, excuse me, uh, Franklin uh, I'm sorry, is it shot? Franklin shot. And if you could just again also state your name and address for the record. My name is Franklin Ch or been here for a very long time. It's okay. Both are correct. All right. Um, welcome.

Thank you. I live at 605 South Old Highway 141. IA out there in my radial blue jeans driving a tractor and racing cloud of dust. If you could just please make sure you're speaking into the mic. We're that a little bit better. That's very much better. Thank you.

First, thank you very much for taking my comments. Not attended many of these. It is my understanding that while this does I won't say create more restrictions, it removes some things that could be done in an effort to maintain a city attitude towards preserving wide open green spaces. Is that a pretty good sentence summary that that is really what your intent is so that you're you're not leaving things open um and tying up land in a manner that you you may not want to do. I.e. preserving what we're doing right now, I think, is what I've heard.

That's right. Preserving current uses. Yes.

And making sure it's zoned residential. So, what I do, uh, as you can probably tell by driving by, I farm. I have had that farm for my family a very long time since 1883 and I intend on staying there. I have the I have the same philosophy as my parents. All right. Um, enjoy what I do. But my reason I want uh I stood up here this evening is to make sure that my comments are a matter of public record and understanding what you guys say. Um and that is basically the the idea is that the activities we're doing now for me the farming thing and so on and so forth what what I do now you're you're not trying to restrict that. I think what you're trying to say is keep doing what you're doing, but let's not leave the door open for someone to come in and pressure you and so on and so forth to do things that u are not coinciding with your current use. Is that a fairly correct statement?

Yes. And it's about the fact that you also can't control your neighbors, right? like and having a having a district that allows for a cohesive yes use when that's the case

and I think in general uh the few people I've talked to around me uh as this gentleman pointed out they like that property they like the green spaces that are around the city and those are dwindling little by little the city's green space gets eaten up so I think really what this is all about if I'm understanding correctly is let's keep the green space that we have. Let's let's keep doing what we're doing and let's not let somebody else come in so that as you said you you've got a new neighbor and they got a whole different idea of what to do with that property and my people like people enjoy seeing my farm and what if I'd want to change a whole bunch of stuff on that that that's going to affect a lot of people and all we're saying is let's keep doing what we're doing. Um, I think that is basically what I wanted to bring forth. Do you if you have any questions for me?

I don't believe so. I count myself among the people who uh enjoy your property. By the way, I uh think it's quite beautiful. So, you've done a nice job maintaining it and I'm glad that others have the same opinion. I appreciate it. I if I may say I have been up to your property as you know with your with your folks on many occasions and I think uh as many years as I've been here of course not 143 years like your family has been uh but close to 50 years I think we share uh the the same sentiment. So uh in talking to your mother and your father that's exactly what they wanted that farm to be is a farm.

Yes. and they they emphasize that our son Franklin has every intention of doing the same thing. So there's no rumors out there. You have no intentions of selling to a developer or anything like that. I have none. I appreciate that. I like what I do. Uh and I I plan on keeping it as long as I am able. Thank you, Franklin. Thank you. Thank you. Okay. Uh, we've got one more. Um, Tom de uh I'm sorry, I'm Deg Grand. Thank you.

Thank you. My name is Tom Degrand, 567 Bush Forest Lane. We lived in that address uh 41 years now and um we plan on living there a few more years. But uh my main question is um twofold. one address again about the farm animals and and pets. What's the going to be the restriction or what changes will there be?

Yeah. So, um farming is a permitted use in the district and um anyone who is using the land a certain way right now uh should be permitted to continue to use the land the way they're using it. Mhm.

That's correct. So to the extent that there's any sort of uh farm animals on your land currently, nothing approved tonight should disrupt that. Okay, that was the first concern. The second one, I noticed this development plan that you have, are there other ones in the city that you're going to do that to eventually or is is it just our area that's a good question. Uh the answer is yes. There are some that have already been reszoned in a similar fashion. Um I think are there more still?

Um the only thing the only big ones that we have left would be um the St. Louis County George Winter Park reszoning it from the St. Louis County parks and wreck to the city's parks and recreation department uh zoning. But other than that um there are some small uh small parcels here and there, but this is the Got it. the main um reszoning that we're going to be proposing.

So we we have I mean to fully answer the question we have reszoned other parts of the city in similar fashion. Uh it was not all residential. So the distinguishing factor so for instance Oldtown had a lot of uses that were either um not really uh continuing to sort of be compatible with Oldtown or were more appropriate to be zone commercial. So I think that was one of the biggest changes is that uh a portion there was an old town district that I think was uh kind of merged into the old oldtown district and that was about again aligning the approved uses so that it was more um sort of rational for how that area has evolved. Um we also tried to make similar adjustments in some of the commercial district which is in the red on the map. Uh just to make sure that the uses permitted in the commercial district and the um area zone commercial were most appropriate for uh the the uses outlined. Um so yes, other changes were made. I think that overall when you look at the map, uh you can see from the color scheme that we're trying to keep parks and recreation, which is the bright green, residential, which is the yellow, um red, which is the commercial, and then the oldtown district, which is orange. Pretty well defined and um utilizing basically the same uses within those sections of the city. That was the overall goal.

Okay, I think I understand then. Thank you.

Yep. Okay, I think that's all the public comments we have. So, thank you all. Um, you know, I'll just say that this is uh we often times meet in this room without members of the public. Uh and I am very grateful for the uh participation of those who decided to come out tonight. Um you know, we don't want anything we do to be uh without full transparency and everyone understanding. You know, I'm I'm also a property owner. I live in Courtney Estates and nobody wants to feel like the value of their property is somehow being jeopardized by anything going on with the city. Uh that's certainly not the intent behind what we're doing. And this is about the fact that the comprehensive plan had not been updated in how many years had it been since the 80s. Is that right?

Yes. 97. Yeah. So it was um you know a document that was uh in in need of an update for the way that the city has evolved. Um it's the responsibility of this group to review it and go through that work as the city changes. And um and through that we determined that there was some of these zoning issues that just uh were not as logically aligned with how the city had had had kind of grown up. So uh so we made those adjustments and this is part of the process and appreciate you guys uh understanding that and being here to make sure uh it's clear to you. So would you like to explain the next step in this process that is to go to the board of alderman?

Yes, of course. So what will happen next is we will officially vote to make um either an approval or a denial uh to the board of alderman. This group only is a recommending body meaning that we send a positive or a negative recommendation to the board of alderman. The board of alderman meet uh later this month on let's see the committee meeting is on the 12th. Thank you. on the 12th and they will make the official vote that will turn the zoning into law. So um and that will be on the 26th. So the the committee meeting is where they will do the discussion. Ah

um and then the board of alderman meeting on the 26th they will uh make the final consideration of approval by ordinance with the public hearing. With a public hearing all come and talk again. Yes. All of our meetings are open to the public. There's nothing that's closed. you all can come to the next two until this thing's finalized and and we welcome you.

Yep. Okay. And so uh and so with that I think process outlined, I am going to go ahead and move for approval of case 2026 re01 consideration of a request to reszone certain properties from St. Louisis County NU non-urban district to the city of Fenton NU non-urban residential district to conform with the comprehensive development plan. Uh the parcels are addressed as indicated in the record. Um there were no conditions uh attached to this. So I'll just uh move as uh as read. Um can I get a second? Second. A second. Uh can we do a roll call vote please? Chairperson Yman I.

Vice Chairperson Cheryl I. Secretary Abbott. Hi, Mayor Morath. I, Alderman Harrell, I. Commissioner Wisprock, hi. Commissioner Vorhees, I. Commissioner Bilicky, I. Motion approved. All right. Thank you. Um, so that concludes our new business, I believe. Uh, next is announcements. And we have a report from the community development department. Amy,

um, yeah, we've received two new petitions for the March meeting. And a reminder that the April meeting has been tenatively scheduled for Wednesday, Wednesday, April 8th, due to the municipal election. Um, so we just want to confirm that the commission would still like to hold the meeting on Wednesday in lie of the typical Tuesday. Anybody have a conflict? I think that should be fine.

Okay. We will meet in April on Wednesday, April 8th. Okay. Uh, next is a report from the chairperson. I'm normally pretty quiet during this section, but I did want to actually uh have a bit more of a conversation with the rest of the um body tonight. Um, so I feel like I have noticed and it may be uh more businesses moving than new businesses coming in, but I do think with the marijuana laws having been passed, we're seeing a little bit of a proliferation around uh tobacco shops as well as hemp uh related shops or or you know a potential offshoot to that. And um and I kind of put alcohol businesses in the same category. And um you know, I I know that this commission takes very seriously with the marijuana um businesses in particular the fact that there is clear state law that like does not fully give us the ability as a city to completely deny existence of those things within our city. That was passed by a constitutional amendment. I think that was voted on by the public of Missouri. So, we can't say that business is not permitted anywhere in our city. I think what I'm interested to discuss as a group is um what, you know, I don't think there's anything going on in our city today that suggests we have too much of a concentration of these types of businesses. But I do sort of want to have an understanding of if we ever felt like there was more of that type of activity coming into Fenton and you know what power do we as a um decision-m planning and zoning group have to uh to potentially

say no to someone um and I know within a special use permit we have the five conditions that exist you know there's like health and safety there's the impact on other properties and I think we could probably hang our hat on a number of those to say no, we're not going to say this business can come in here. But I'd just be curious to hear from you, Aaron, on any other sort of controls that might exist. And and also if the commission if there's anyone else who kind of feels similarly that this is something we should kind of keep an eye out for or if I'm just uh the only worry ward in the group. Uh I'll let you go first, Aaron. Um, yeah, on things like if you're looking at whether there's too many in a certain area, I I do like to kind of look and study the congestion and then maybe actually making a rule in advance in advance. I'm so sorry. um if you are worried about that because while it's possible you can hang your hat on the special use permit um it the certain factors do have to align for that because we also know under the SGP we're not allowed to look at competition so you have to be careful that they're not twisting well I'm not looking at competition I'm looking that there's just too many of them well someone can argue that's competition so to kind of clear that I like to be more proactive and actually look and say okay do we have And if we do, if we don't, then maybe we don't have to do something. Or if we're close, maybe we do want to set, you know, that maybe we only have them certain feet or a certain certain number within a district. You can do all of those things to keep them, you know, distance or keep a certain number. I like to do that more than just rely on general health safety.

Okay. So, I like what you're saying there. I mean a couple a couple of sort of tools we could put in the toolkit so to speak then would be to say we're going to only permit one business of a certain type to be within so many feet of another business of a certain type and that would keep you know prevent like a certain density especially cuz that is one of the things I think about is like oh could you see a collection of these like within a certain shopping district and that all of a sudden makes creates kind of a chilling effect you know where people are not not is in love with the um the feeling that creates when they go there and that's one way to address it. The other one would be to just like set a number within a district and say you won't have more than a certain number of

right and some of our districts even when you look at the purposes of some of them are to you know very specific purposes and to have mixes and stuff and when you are requiring you know the purpose of your commercial district to have a variety of uses if you start having tons of one use that also is getting in the way of your purpose. So, I think you can put that as a regulation to control your purpose rather than trying. Okay. Well, that's good input. Thank you. Um, other members of the commission, I mean, am I barking up the wrong tree here? Does anybody else have a feeling about this?

I don't think so. So I don't I you know I agree there there are times when we get requests for certain types of shops and such that uh you think gosh we just approved one or two of those the last couple months or something like that. So, but but we take a pretty good look at what's coming in and uh try to I I think we try to make sure that we're not turning anybody away or we're not u saturating an area, but it's just I like the idea of having some guidelines or something that we could fall back on should that get worse.

Okay, Kevin, I saw you turn your mic on. Well, I think the market regulate itself, so I guess I'm a little bit more capitalistic on this. More of a capitalist than you think. Yeah. Yeah. Um I don't know if we get into a bigger discussion that Yep.

I'd let I'd rather have the market play it out itself. And uh there could be an instance where we had we had one and we're like well we can't have two even though this one's brings in the worst population or uh bad characters and yet another one could come in and put them out of business but we'd be stuck with that one we limited. So I don't know pros cons. fair. And I listen, I'm I I I have my own internal battle with this because I uh believe in the right for someone to do what they want with their property. I really don't want the city stepping in inappropriately to uh limit a person's ability to use their what they worked hard to acquire. I also want to say because I know that uh the gentlemen who were here for the prior uh session, this is not unique about anything going on with your business. I mean, I I enjoy a good beer. I don't want these businesses to leave Fenton um at all. I just uh I you know, I'm I'm not sure what the trends will be as the in particular the marijuana business grows in our state. and I thought it would be an interesting topic to bring up to kind of get the temperature of the rest of the group. So, I'll make sure does anyone else have a comment or question about this?

I I do.

I don't think that your concern is any much different than the one I had with the um influx of um healthc care providers in our you know retail setting. it seemed like a lot of the spaces were, you know, no longer retail but a lot of healthcare. Now the argument is sure they come in, they shop here, they eat here and so forth and so on. Um, and you know, to satisfy maybe some of your concerns, I don't even know what the number of those shops are here in the city. And I think we did that exercise once with uh uh the healthc care numbers. So maybe maybe let's just get some numbers and I have no clue how many are in the city. I'd have to I'd have to rely on Amy if that's something that would help you.

Sure. Well, I don't want to waste Amy's time or the time of this commission if I'm the only one who holds this concern. So I guess maybe uh you know folks want to sort of nod or shake their head on whether or not they would be interested in hearing

it. It it also gets to a larger because so if you're like well we can only have one shop in X mile radius. Okay well what do you do with the bigger store the Deerbergs or the Shnooks that can sell not maybe not marijuana but they can sell tobacco they can sell alcohol. It's like that becomes a bigger problem. some mom and pop shops. Sorry, we can only have one of you, but if you're this big giant store, you're cool. You can come on it. So, just it's a good that's a very fair point. So, there's just a lot there. Yep.

Yeah. And I mean I'm I will admit I am worried about like a doomsday scenario that would probably not take place where a person who runs you know and has a significant amount of control over one of our larger shopping districts uh you know decides that that is the best and most way you know like easiest way to fill tenants space and it ends up having a negative effect that nobody wanted or intended. you know, um the likelihood of that happening is is is admittedly very low, which is why this is probably, especially at this stage in our city's development. I don't see that trend happening. I'm not worried about it actively right now. Um I'm just kind of curious about whether though there is an increasing trend of of a little bit that's worth paying attention to. Any other comments? Okay, Amy, I think it's to me it feels premature to ask you to go through the work. Um, I am glad for the discussion. I think we can always bring this up again if we see more of this type of activity come through. I I kind of like drawn a small line in the sand. Maybe just kind of putting it out there. Uh, it's not the right metaphor to use, but I'm I'm out tonight. So, uh, but I appreciate the conversation and, uh, glad that everyone, um, was willing to at least kind of give it a thought. Okay, that's all from me. Uh, our next item is, uh, the report from the mayor.

Thank you, sir. Uh, it seems that I have become the bearer of bad news here the last few months. Uh, but I would ask that you join me in recognizing and sending out condolences to Rich Kramer. Uh Rich bought his grandparents' home back in 1979, they told me. Um Rich has been one of the most congenial neighbors that I think I've ever known. Rich served on our planning and zoning commission from ' 92 to 97. He also when we had our own building commission served on that back in well after he served on the planning and zoning commission in 1998. He went on then to serve as a part-time commercial plumbing inspector for the city of Fenton um back in the late 1990s. Um and he also served on our industrial development authority back in January 2016. So, uh just keep his family in your prayers and we'll send out condolences.

Thank you for that. Okay. Um, next is our report from our planning and zoning liaison. Ron, thank you sir. Uh, last month the board of alderman heard case 2026 SUB01. A petition by Gravoy Bluffs 3 LLC to subdivide one existing lot in two lots. The existing lot is addressed as 695 Gravoy Bluffs Boulevard and is zone C1 Commercial District. And that was approved and and that is And that's all I have.

Okay. Thank you. Uh our report from other commissioners. Anything else? Okay. So, that brings us to the end of the agenda. Our next planning and zoning meeting is Tuesday, March 3rd, 2026 at 700 p.m. at City Hall. And uh with that, I'll go ahead and move for us to adjourn the meeting. Can I get a second? Second. We got a second. Uh, all in favor? I. Any opposed? Meeting's adjourned.