Planning & Zoning Commission - Regular Meeting

All right, we're going to start today for the Planning and Zoning Commission meeting, October 7th, 2025, amended agenda. Um, our first item of business is the pledges of allegiance. I ask you to stand, turn to the flag. All right. Our third item is the roll call. Um Amy, do you do that? Deb does. Sorry.

Okay. Thank you, sir. Uh, first of all, uh, we know chairperson Yman has been excused for this evening. Uh, vice chairperson Cheryl here. Secretary Abbott's here. Alderman Harrell here. Mayor Morath, I'm here. Commissioner Whisbrock here. Commissioner Vorhees here. Commissioner Glover here. Commissioner Nelson here. And Commissioner Bilicki here.

Wow. forum and we also have a couple of people in the audience. We have Bruce Rogers who is one of our aldermen and um I went ahead and wrote down that Marilyn Marlon Mlin is here and he's a Oldtown resident a lot of our meetings. We appreciate it.

Thank you, Deb. Um the next item is a notice to the public ground rules. The public meeting ground rules. If you wish to speak, please pick up a speaker request form. These forms are located at the sign-in table. Please complete the forms and present it to Secretary Deb Abbott prior to the public comment section of this agenda. The chairperson will call your name during the public comments section of the agenda. Your comments and questions from the members of the public will be limited to three minutes. 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 comments portion of the agenda. The commission demands respect and courtesy for others during the proceedings. Inappropriate behavior will result in the force of speaking speaker time allotted time and may result in removal of the proceedings. Planning and zoning commission wants to hear what you have to say about the items on today's agenda as it relates to the cases as present. Some notice to the petitioners. Uh the board committee meeting Thursday uh will be Thursday, October 9th, 2025. And the next board of alderman meeting will be Thursday, October 23rd, 2025. All right. And then we will move to the approval of the minutes from September 2nd, 2025. Uh we have the meeting and the workshop minutes. Can we combine those approval for both all of them?

Yeah, we can. So, um, great. Yeah, I guess it's all in one. Uh, I'll make a motion. Exc. Can we do those separate? I'm going to abstain from the first meeting since I wasn't here. Okay. Be a little easier, I think, for sure. Sure. No problem. Yeah, we can uh adjust that. Although I within the I think within the document they're embedded within the the document because there's not two separate. There are two separate sets of minutes. Mhm. Oh, okay. Sorry, I must

Ah, I see it. Thank you. Yeah. All right. So, can I uh did anybody have any questions about the minutes um from the workshop? I believe there was an error that needs to be corrected on that. It shows that uh Commissioner Vorhees was absent. He was in attendance. So that uh change has been made on um the minutes. Um but they wasn't included in the change in your packet. All right. Bill doesn't seem to argue with that, so I think we're okay. Um can someone make a motion to approve the minutes? Motion to approve them. All right. Can I uh can we do a do we need to do a roll call or

a second? Just a second and then a voice vote. Uh Commissioner Vilicki has a second and then I say I say that again. A voice vote all. Yeah. Okay. Do is all have Excuse me. Is everyone in favor? I. Anyone not in favor?

I'd like to abstain. All right. To abstain and but I would say that passes. So minutes for the workshop done. Next one. The planning and zoning commission minutes of the meeting for September 2nd, 2025. Uh does anybody have see anything? Did they get a chance to review any questions? Any corrections needed on the minutes? No. All right. Um, can I get a motion to approve the minutes? I'll make that motion.

I've got one from Deb and uh Nope. You second them. Can I get a second? All right. Commissioner Westrock will second. So, we will go ahead and um is there Can I get a voice call roll? Can I get a voice vote for uh approving the minutes? I I Anyone not in favor? All right, they pass. Minutes are done. Move on to public comments. Do we have any I do have a public comment, but he wants to speak during the um uh issue that comes up the subject matter. We'll wait.

Okay. Um that works for everybody. Sounds good. You You know which one it is, right? Sure.

All right. Um and just a reminder to everyone uh the commissioners and um to anybody who will speak uh any petitioners who will be speaking um or to the public. When you do, please use speak into the microphones as best you can. We have a few people who are attending remotely uh so via Zoom. Um so we want to be sure we're speaking into the mic so everyone can hear us. Additionally, uh the um you know this is recorded. Are we using AI? Are they transcribing all our minutes? No. Okay. Not yet. Huh. Oh, that might make somebody's job easier. All right. Um okay. Next item. Uh we will move into old business and I see none then we'll move into new business. First new business item, case 2025, SUP1, a petition by Tender Hearts Child Therapy Center, LLC, to amend an existing special use permit approved via ordinance 4181 for medical counseling office located at 55 558 Gravoids Road, Sweet L to expand the special use permit to include 558 Gravoids Road, sweet L0102. This property is zoned OT2 Oldtown commercial district. Um Amy, do you want to give us some background on this?

Sure. The commissioner or the petitioner is currently operating a medical office providing counseling services at uh 558 Gravway Road within suite L100 under a special use permit issued in 2021. They're now proposing to expand into suite L102, which requires a new SUP. Um they are not proposing any changes to the operation of the medical office. They'll still be providing counseling services. Um the parking was reviewed for compliance. Um and we found that the existing spaces on the lot meet the minimum requirements for the existing offices and personal service shop uses um within the building as well as the proposed medical expansion and I believe we have a petitioner on Zoom tonight.

Okay. Well, one Amy, thank you for the background. The second part would be um commissioners, did you guys does anybody have any questions for Amy on this? No. Okay. Um I did not either. It seems somewhat straightforward. Looks like they're trying to uh expand. Um I would say our next step would be to have a petitioner come up and speak to this. Is there someone in the audience that could speak to this? I'm on Zoom. Oh, great. Um, is that Stephanie? Stephanie. Yes.

Awesome. Stephanie. Um, okay. Well, uh, I don't know if you wanna I mean, if you want to add any color to what Amy said. Um, and then we may have some questions, but maybe just talk about what what you're trying to do, the expansion. Um, few few items. Sure. Um, so nothing particular to add. Um, we've been very successful in in Fenton. We've enjoyed being in the community. Um, we have been looking to expand our practice into more locations and our our landlord there is particularly generous and nice to us. So, we thought instead of going to another community, let's just provide more services in in the Fenton community.

That makes sense. Sounds good. Um, commissioners, any questions? Any comments? Oh. Um, none here. Um Amy seems like everything checks off. Um anybody if nobody has anything does anyone want to make a motion to move this forward? Do you want to read the Oh, okay. I do. Yep. 100%. Um Stephanie, um for us to move this forward, there's a uh a list of recommended items that uh that we would be giving to you and you would need to agree to those items.

Sure. Um, and Stephanie, I guess I should have done this from the beginning. We typically do this. Uh, could you state your address? Sorry. Yeah. Your address for us. What What kind of You mean the address there in Fenton? You mean my legal address? Either one actually works. Sure. Um, so our main office location that's registered with our LLC. We are at 2909 Independent Street in Cape Gerardo. Um, our office there in Fenton is the 558 Gravoy Road, currently operating in suite L100.

Okay, great, Stephanie. So, um, again, I'm going to uh list off about four recommendations, conditions that have to happen um that you'll agree to. So, you'll you'll follow with saying you either will or not agree um for us to consider this uh motion. Understood. Okay. So, this special use permit is solely for Tender Hearts Child Therapy Center to expand an existing SUP to operate medical counseling office at 558 Gravways Road, Sweet L102, as indicated on plans dated August 20th, 2025. Agree. Municipal I'm sorry, what word am I supposed to say? Yeah, agree. Yes, you did perfect.

Thank you. Yep. Municipal zoning approval by the city of Fenton and a building permit from St. Louis County will be required for any proposed interior interior remodel or proposed signage. Agree. A separate occupancy permit will be required. Agree. Compliance with all other applicable city of Fenton codes and ordinances. Agree. All right. Well, thank you Stephanie. Um that's what we needed from you. Uh, commissioners. Um, anyone want to make a motion to approve this? Make a motion. We've got a motion from Commissioner Vorhees. We got a second motion. Um, so

just for the record, that's to approve with the condition of the record. Okay. Who seconded?

Yeah. Uh, I have a motion by Vorhees and a second by by Glover. Um, Commissioner Vorhees. Hi, Commissioner Glover. Hi, Vice Chairperson Cheryl. Hi, Secretary Abbott. Hi, Mayor Morath. Hi, Alderman Harrell. Hi, Alderman or Commissioner Whisbrock. Commissioner Nelson, I Commissioner Bilicki, I. Motion approved. All right, Stephanie, thank you very much. Um, we wish you good luck with your expansion. Thank you. Do I need to stay on for the rest of the meeting? No, you do not.

Okay. Thank you very much. Thank you. Thanks a lot. All right. Our next case is continuing with new business. A petition by the Missouri No, no, sorry. Yeah, I'm sorry. A petition by the Missouri Furniture Company for site plan review of the proposed exterior building remodel at 717 Gravaway Road. The property is zoned C1 Commercial District. Amy, can you write us some information?

Sure. This case has been withdrawn by the petitioner. They did make amendments to their proposed um exterior building remodel to come into compliance, so site plan review is not necessary.

Awesome. And then we will move on. Thank you. Our next item is case 2025 SUP12. This is a petition by Solera Energy on behalf of David Paige for a special use permit for alternative standards from chapter 425 article V solar energy systems to allow solar energy collectors to be located on a front-facing roof and located closer than 2 feet from any outside edge, ridge, or valley of a sloped roof. The property is addressed as 141 Parkside Acres Drive and is zoned R3 residential district. Amy, can you provide us some insight on this?

Sure. Um, as you stated, the petitioner on behalf of the property owner is proposing to install solar energy collectors. They will be located on the southacing sloped roof that fronts Park Site Acres Drive on an existing residential home. Um, the code requires that collectors be located on a side or rear-facing roof and no closer than 2 feet from any outside edge, ridge, or valley. Um the collectors uh shown here on the right side of the roof um do appear to be closer than 2 feet from the edge of the roof. Um the solar energy code does allow for approval of alternative standards under an SUP when in unusual circumstances arising from the unique location or character of the proposed location and or surrounding uses or structures. If sight specific alternative standards would provide results that are equal to or superior to those that would be provided by the standards in this article, the commission may and recommend and the board may approve an applicant's request for alternative standards if in the commission's judgment the purpose of these regulations will be satisfied and the alternative standards will have no adverse impact on any other property or unreasonably disturb the peaceful occupancy of adjoining or nearby property. Um the petitioner did provide a justification statement. This is the first special use permit for alternative standards for solar energy collectors. I think that this commission has reviewed. So I the petitioner is here um to answer any questions the commission might have uh regarding the alternative standards being proposed.

That's very good. Thank you for uh that background. Um and does anyone have any questions for Amy? Linda? Yeah. Have we heard from any of the neighbors or any other people? No. Um the neighbors within 300 feet of the property um were notified by postcard um as well as uh uh a sign being placed in the property owner's um yard. We did not receive any comments, questions, or concerns from from anyone who received those notices. Thank you.

Um Mayor R. Um, Alderman Nel, Alderman, Commissioner Nelson, I did have an opportunity today to to go into that subdivision and I talked with a couple of the residents. They didn't really seem to they're kind of questioning, you know, what aesthetic value that is is going to bring, but probably didn't have a whole lot of concern over it. The uh I I don't know, and maybe we'll ask the petitioner, is there an HOA in that subdivision that we know of? Don't believe so. Okay. Yeah. I didn't want us Glover is saying no, he lives in that that No.

Okay. I didn't know if there was an HOA if they had anything on the books for that or not, but since there's no HOA, we don't have to worry about that. Um, let me ask you, this does have to go through, for the record, this has to have to go through St. Louis County to all structural support for the the uh panels have been approved or at least sent to St. Louis County. Is that correct? Um, they have not been reviewed by St. Louis County. We haven't uh approved the the building permit um through the city until the site plan review. It does have to go to St. Louis County. Mhm.

That looks like number two on the uh any other questions for Amy? Okay. Uh I think at this time before we bring a petitioner up, we do have uh the speaker request uh for a public speaker request. So uh Bruce Rogers, would you uh come on up and you know state your name, your address, and then um you'll have uh three minutes to speak and please speak into the microphone.

Sure. I appreciate it. Bruce Rogers, 900 Woodway Circle right here in Fenton. Um first off, take a second. Thank you all for excellent job you do for the city. Sometimes these jobs are thankless, but they're appreciated at least by me and everybody I know really appreciates the time you guys spent. So, um, so I don't really have, you know, a dog in the fight with this. It's more general comments. Uh, I've looked into doing solar on my home and I've run into the same problem and it has made me consider um the the the code we have maybe is a little needs a little tweaking. So, uh, what I I understand the sentiment and the intent of having panels on the back or side because of the street view and the aesthetics, but, um, I don't think I think our our environment with solar panels is changing rapidly. Um, even like these uh, let me actually take a step back. The the two things I want to talk about is the aesthetic and then the setbacks from the edges. Um, I think the city code is actually not in alignment exactly with the NFPA and um, what's called the IRC, the International Residential Code, building code. Um, they specify a three-foot uh, setback. It's it's a fire lane. It's for the firemen to get up and punch holes in the roof to get smoke and all that out. And if solar panels are in the way, that's a problem. Um and but I don't think they specify on the bottom edge even though it's kind of a maybe a semantic or a term we're calling the edges but the the lower edge the eve or the sophet is not included in in their recommendations for that. I know city can set up their own um

you know needs or or terms. Uh so that being said and also um because of um and also their recommendations are it's only needs to be an 18 inch at the top um to the ridge because it's less than a a third of the roof is covered by solar. So it it allows for um a little narrower ri you know at the ridge. So maybe that those panels could actually be moved up and get you that boundary at the bottom and still be close to complying with it. Um but anyway, that being said, and also there's a lot of talk that the firemen don't really use that. They don't do it that way. Um and if uh and actually it's not even recommended if if that's not a course of action your local fire protection district is going to take, they don't care if you do that or not. Um but the other thing the aesthetics is um like I say I think I think we're kind of moving into an era where people see solar panels all the time. I don't think they see it as really that unsightly as mayor said didn't really it's kind of neutral. You see them it's just you know it's a part of the roof. It's a gutter or a chimney. It's a functional part of the house. Um, as a matter of fact, there was a study, uh, Zillow, for whatever that's worth, did a study about five years ago that said that, um, that solar panels actually increase property values nationwide on an average about 4%. So, you know, is it really a detriment to see them? Uh, the last last um comment about the visibility, keep in mind, uh, well, you're if you put them to the backside, there's somebody there's always somebody on the other side of the fence. So,

you're actually putting those panels in view of the property to the in this case to the north or to the to that's looking into their backyard. So, I don't necessarily think that the aesthetics is kind of an issue anymore. Um, and um there was one other thing and I blanking on it, but uh you know, so uh just food for thought. Um, yeah, that's very good information. Um, I think we've reached our time limit. Okay. I'm sorry. Three minutes. No, that's No, I think you did make your point across. Um, the aesthetics and then Yeah, maybe we are. I I don't know, Amy. Um, or in I I don't even know the the organizations you referenced. Uh, but um, you know, maybe we could look into that as well.

NFPA is National Fire Protection Association. It's Oh, I thought you mentioned one ICR or something as well. IRC is that's basically the building code. they publish documents routinely that establish these numbers. But but no, I I um I appreciate the comments. I think that does uh help in making um you know, helping us decide and determine. So, thank you. Thank you. Mostly just maybe use this case as a as a as a conversation starter because I'd love to see the board kind of look at this and maybe move into the future with some of Appreciate it

very much. Thank you. Um, okay, great. Uh, just, uh, based on what you heard there, any other questions with Amy? Um, before we move forward, um, I'm go with Alderman Harold. I was just curious that the reason we're asking for deviation, is that because size of animals? Uh but the reason for the deviation or the reason that they're being closer to the edge

that that would be something that that that the uh uh petitioner could answer um technically why it needs to be located where it's located. We're asking it for to be you know in a different place. They're saying no it needs but yes we will we will get to that one. Yes. Commissioner Nelson,

my question is um Amy, where did we come up with the two feet from the edge? Was that based on something? Do you remember or I don't remember a specific discussion about it. I think that's uh you know when we did the review of the zoning code and we did the overall codification, I think we just kept the same standards that we'd had previously. Um but if it's something the commission wished to see, we can certainly put it on a future agenda. And uh

yeah, I mean I think um you know the petitioner who spoke, he's probably right. You know, who knows? Things change so fast uh in the world we live right now. Uh especially revolving around energy. So yes, um you know, Amy, if you can take a look that, you know, that'd be great. And if you find something different, want to bring it back to the the commissioner, the group here, we'd love to hear about it. Great question, Linda. Uh, okay. Petitioner, you were about to make your way up. Um, if you please state your name, speaking to the mic, and also your address.

Sure. Thanks. I'm Chuck Howard. I represent Solair Energy. Uh, our address is 1725 North Packer Road in Springfield, Missouri. Um, I was just going to try to answer that question for you. Um, in this particular instance, the the change was not necessarily for having a two-foot setback from what we refer to as the drip edge. In this instance, we were merely changing to a street facing array. This customer's um opposite street facing array is north, which doesn't do any good for solar panels, and it's also heavily shaded. Um, as he referenced the international u building code, most people are 2 2015 or newer require that three-foot setback around outer edges and not so much to the front. Your code was a little bit more strenuous, which is understandable, but the three-foot setback is highlighted by the shaded areas that are that are up around the array. So, our request was really based on moving it to the front of the house more than anything. And did you hear Commissioner Harrell's question? Like why?

Could you repeat it? Sorry. Well, I was just curious why we're asking for it to be closer to the edge than what our code. So, so if we adhere to the three-foot setback, we could actually go to 18 inches at the top. So, the International Fire Code allows for 18 inches at the top if there are no uh modules or panels on the opposite face. So, we could in theory scoot that up to the 18inch mark. The models always draw it at three foot. So, and again, we're really just requesting to go to the front, not so much to be off of that drip edge with the uh additional.

I have one question. Yeah. So, the one question asked by a resident today, and I think I know the answer, but the glare, is there going to be a glare to this? So, these panels are black, what we refer to as black on black. They're um approximately four to 4 in from the roof surface at whatever optimal pitch that roof is. Uh they don't emit a glare like you would get if you were to look into the sun or off of a you know a mirror or things of that nature. They collect that energy. They don't reflect it. So okay, that that I just needed that for the record.

Certainly. Uh, how common is it to have the solar panels in the front versus the the back? It It's really just based on the home orientation. Um, south is your got it is your preferred orientation. Uh, and then east and west are your best altern. And how often are you guys doing the two foot versus three foot?

It really depends on the jurisdictions. Uh it depends on whether the space is an occupied space. Uh we we install on out buildings that aren't occupied. You're not required to maintain that setback. Um it's it's the fire code is is what dictates that. And it's different from u jurisdiction to jurisdiction.

So is there an advantage or disadvantage for the fire code? I mean to have the your your two foot three foot no advantage or disadvantage. Um it it it provides a walkway a safe walkway for firefighters simply that um but having access to a rooftop if it can be done from another face. I have seen some jurisdictions that are less strenuous and and they're not so concerned about the setbacks. Um and again um as he mentioned firefighting methods are different from jurisdiction to jurisiction. So, uh, we we use 3 foot as a rule of thumb, uh, and sometimes we adjust that to within 18. Sometimes they don't care and they they would allow us to go from from ridge to drip edge.

Have Have you worked with the fire department on this at all? U, not this particular fire department. Uh, but we do have some jurisdictions whose fire department actually issues the permit. And this would be a very common um very common request for us with those jurisdictions. Would our fire department look at this or um that would be a question for the fire department. Uh because we don't require a fire approval to sign off on the permit. I don't know. Be kind of interesting. Yeah. But I know that they do review for commercial um for sure, but for residential, I'm not sure if the if the fire would

Would you have a problem touching base with them? Absolutely not. If if there's a way we can contact them if they'd like to review the plans or if if somebody has a contact here, I'd like to forward that plan to them. We're we're more than happy for them to review it. I can certainly send you the fire information. Um I just don't want you to get going and then say, "Hey, whoa, whoa, wait a minute here."

Certainly. Um if if if the fire department's code is based if the city's code is based on the fire department standards um we typically depend on the city's review to kind of answer for on behalf of the fire department. But absolutely we we have no problem with them reviewing any of the plans. Here it's a separate the fire department's a separate entity. Who is what is the fire jurisdiction here? Is it Fenton Fire Protection? Fire protection.

I'm sorry. I I didn't make that clear to you. We We do not have our own fire department. It's called Fenton Fire Protection District. It's a district. It's not owned by the city. It's a separate entity. I I knew that. I'm sorry. You Okay. Well, we could add that as a uh an item. I wouldn't think it would be a problem. I mean, I don't even know if the if the fire department's going to require it for residential, honestly. Okay. Um, so okay, just sure play it safe.

Uh, commissioners, any other questions for the petitioner? Okay. Um, before we move forward, uh, there are going to be a few items that I would need you to, uh, agree with. Um, these are going to be recommendations that you would need to agree for us to consider this. Number one, the special use permit is solely solely for solar energy collectors to be located on a front-facing roof and to be located less than 2 ft from the front edge of a sloped roof at 141 Parkside Acres Drive as indicated on plan submitted with the application dated September 2nd, 2025.

Yes. Before installation of the solar energy system, approval of municipal zoning approval through the city of Fenton and building permit through St. Louis County will be required. Yes. Compliance with all applicical codes and ordinances of the city of Fenton. Yes. All right. Um, does someone make a motion for this? All right. We have a motion from Commissioner Abbott. Can I get a second? Second from Commissioner Bilicki. Uh Amy, can you uh do a roll call vote? Sure. Secretary Abbott, I. Commissioner Bilicki, I. Vice Chairperson Cheryl, I. Mayor Morath, I. Alderman Harrell, I.

Commissioner Whisper, no. Commissioner Borhees, I. Commissioner Glover, I. Commissioner Nelson, I. Motion approved. Awesome. Thank you. Good luck. Thank you guys for your time. Yeah. And uh I guess if he wanted to get the fire information, could he reach out to you, Amy? Yeah, absolutely. I'll send that to him. Um can it be responded to the same place we sent the variance request? If if we reach out to them, uh the the the fire protection district, if you give me that information and we and we speak to them and get that information, can that information that we learned be sent directly to them? If you'd like to send that, you can.

Okay, perfect. Thank you guys. Awesome. Thank you. Good luck. Great. Um, let's move on to the next item of new business, which is case 2025 SUP13, a petition by Best Box, Fenton, Missouri, LLC for a special use permit to operate a self- storage facility at 747 Gravaways Road. The property is zoned C1 Commercial District. Amy, this one has a lot of background. Uh can you give us and I and I feel like we've talked to them?

Sure. This should be very familiar to the commission. Um the proposed self- storage facility has come before you um a few times before. Just a brief summary. Um the facility uh received approval of a special use permit and site plan review in 2022 for Chuck It In Storage. Um a new special use permit was issued in 2023 when Bestbox Fenton purchased the property to develop it as a self-s storage facility. Um, one of the conditions of that SUP was that it would be considered null and void if construction hadn't occurred within one year. Um, in 2024, the board approved an amended site plan review that included alternative building materials for best box um, as well as a modified footprint and parking lot to accommodate storm water management required by S MSD. And then in October of 2024, because the previous SUP had expired, um a new SUP was issued um again with the same um uh condition that if construction hadn't occurred within one year, that SUP would be considered uh void. So on October 24th of this year, um that SUP will expire. Um no construction has occurred. Um so the petitioner is requesting a new special use permit for the self- storage facility. There are no changes proposed to the site plan. Um, no changes proposed to the operation and the proposed conditions of approval. Um, in your memo are exactly the same as the conditions of all the previous SUPs.

Great. Uh so just to summarize their SUP it will expire on the 24th and this is just a vote our a review for the commission and then um for us to approve another extension for a year. Yes.

Okay. All right. Um any any questions from anyone? Any Sounds like they're going to eventually get that box built. No questions. All right. Um, is there a petitioner here or on uh on the the Zoom or uh that could represent Bestbox?

Uh, yes. My name is Bo Reinberg, 3167 Fifi Road, Bridgton, Missouri 63044. Hi Bo, thanks for uh attending and thanks for uh providing your name and address. Um so before we move on um any questions for Bo considering this? Seems pretty straightforward. Um so Bo, don't know if you can tell or not, but there are no questions from the group. So, what would have to happen is should the commission recommend approval, there would be some conditions that need to be considered and you would need to agree to.

Okay. Okay. I'm going to read those. Um, approval of this special use permit is solely for Bestbox Fenton, Missouri Gravoy LLC to operate a self storage facility at 747 Gravo's Road. However, if construction has not incurred within one year of the issuance of this SUP, the same will be null and void. Agreed. Access to the facility via a keypad passcode will be limited between the hours of 6:00 a.m. to 10 p.m. Agreed. Compliance with all applicable city codes and ordinances. Agreed.

All right. Thank you, Bo. I appreciate that. Um, commissioners, is there uh anyone who would want to make a motion to approve? All right. We've got a motion by Commissioner Glover. Second. Uh second by Commissioner Nelson. Amy, Commissioner Glover. Hi. Commissioner Nelson. Hi. Vice Chairperson Cheryl. I. Secretary Abbott. I. Mayor Morath. Hi. Alderman Harrell. I. Commissioner Whisper. Hi. Commissioner Borhees. I. Commissioner Bilicki. I. Motion approved. All right. Bo. Thank you. Thank you.

Good luck. All right. The next one is a Oh, I like the PowerPoint. That's nice. Is that Is that That semi- new? No. No. I guess I never noticed that when I'm there. Put PowerPoint at every every meeting. I never noticed it that it gives a description. How long have you been on the How long have I been doing it? That's nice. I I mean, I guess I've never noticed that. Uh, case 2025 SRP08, a petition by MANA. Do we know how we say that? Is it manana? Mana mana. Mana.

Mana. Mana. Uh, hospitality group for site plan review of a new restaurant with drive-thru facility at the parcel described as lot three of Fenton Logistics Park, Plat 8. The parcel is addressed as 850 Elmree Way and is zoned PID planned industrial development. Amy, uh, can you give us some background?

Sure. Um, this is a request for site plan review for a new Wendy's restaurant with drive-thru facility on lot 3 of Fenton Logistics Park Plat 8, which is now addressed as 850 Elmree Way. Uh the proposed development was reviewed for compliance with amended ordinance 40002 which is the master zoning ordinance for the PID planned industrial development. Uh the proposed development meets the lot requirements of the master zoning ordinance with respect to uh the lot size and lot coverage and all setbacks and buffer areas um established on final plat 8 have been observed. Uh the proposed building will be well below the 75 foot um maximum building height for the district and the proposed building elevation plans indicate that it will be constructed of an ephus wall system with metal accents and while Ephus is a permitted building material um it it can't exceed 20% and has to be located 3 feet above grade. Uh the proposed plans do indicate that it will be more than 20% um and not located 3 feet above grade. But as you know alternative building materials can be approved under site plan review and uh they are proposing um this material uh in order to maintain corporate identity. Uh the proposed renderings have also been provided so you can see what uh the proposed building colors will be and and uh the way u the general appearance of the building. Um the lot is accessed by a 30 foot wide uh private access from formway to the east and an existing private way to the west. Uh the private access will be uh known as Elmree Way and it does meet the general driveway standards of the zoning code. Um the pro proposed parking lot and drive-thru are accessed by uh two drive entrances off of Elm Treeway. And overall, the proposed parking lot meets the requirements of the code with the exception of the accessible space and uh

ban accessible space and the adjacent 8- foot access area um adjacent to the ban accessible space. So, the site plan will just need to be amended to uh to meet those requirements. The site plan will also need to be amended to indicate a 12-oot drive-thru lane width. And the drive-through facility does provide the minimum required queuing spaces, which is 10. Um they will also provide a um one um drive-through pull ahead stall on the south side of the building. Um right here uh the parking lot will the queuing spaces will be um the queuing will will be in like a counterclockwise manner around the building and the parking lot will be uh striped and uh signage will be installed to ensure safe sight circulation around um and into the park the the drive-thru um area. Um, landscaping is being proposed in the form of grasses, trees, and shrubs. I went right past the landscape, did I? No. Nope, I did not. Did I include it? There we go. Um,

it's in the uh it's in the packet as well.

Okay. Uh, grasses, trees, and shrubs, and decorative rock along all the property lines as well as uh landscape the landscaped islands in the parking lot. Um and finally, as part of the site plan review, they have submitted a sign plan for the proposed restaurant development. They are proposing two wall signs on each of the south, east, and west facades. Um the signs will be uh within the 5% allowed when signs are proposed on more than one facade. Um so that does meet the requirements of the code. They are also proposing two pole signs, one on Elmree Way and one along North Highway Drive. Both of those poll signs also meet the requirements of the code. Um, also proposed are four small pole signs at the north entrances um to provide directional information as well as two additional directional signs within the um landscape areas in the parking lot. Uh, the small pole signs do not meet the number, height, and location requirements of the code. So, a sign plan is uh approval is required to approve those um those signs. And the drive-through signage proposed within the drive-through aisle includes a pre-sale menu board, a 28 square foot menu board with order station and canopy, and a 9- foot clearance bar at the entrance of the drive-thru. And overall, the drive-through signage does meet the requirements of the code.

Amy, thank you. That was a lot. That was a lot. Yeah, we appreciate it. Um, commissioners, any questions for Amy? Anybody have anything? Um I did not see anything um that I had. Uh I mean the only thing So we we were requiring them to provide the minimum 12 foot queuing lane. Um is that what they had in their proposal? No, it's a 10 foot queuing lane. So Okay. to amend the Okay.

Anyone have any no questions for Amy? Then let's bring our petitioner up. Um please. Yeah. Thank you. Uh come up to the podium, state your name, address, and then if you just want to just give a little background what's happening, and then we may have some questions for you.

Uh my name is James Rawlings. I am the corporate architect for Man Hospitality Group. Our home office address is 3309 Collins Lane, Louisville, Kentucky 40245. Um, I guess my only questions would be, you know, what you you were saying we we have to make a few revisions. I just want to clarify what all those are. Yeah. Uh the revise the site plan, we do require um a for our uh ban accessible spaces. We require the the um stalls to be 10 ft wide with an 8 foot access area adjacent to the stall. So just need to amend the the plan to come into compliance with that. And then uh a 12 foot uh drive aisle width through the drive-thru.

Okay. Um, as far as the the going to the ground, is is that not going to be an issue or are we going to have to present alternative materials for that? Um, that would be that something the commission could approve as as an alternative um they can they can approve um alternative materials when they're deemed to be of high quality, durability um and uh for market identity.

Okay. Other than that, you know, we just want to bring a new Wendy's to the community. Just for a little background, we own all of the Wendy's in St. Louis market. So, if you go to a Wendy's, you're eating one that's operated by us. hoping to put a good product forward for you and be a good member of the community and hope that do that for you. Oh, I appreciate that, James. Uh, commissioners questions.

So, so could you explain a little bit of the queueing? I I I think it I think I understand it. on the east side on Elm Tree Way. The east side, you're gonna you're going to suggest that cars come in there and then make the the turn to the right and start their queueing. Correct.

Correct. That that would be the the ideal is is for them to do that or you know they would have to come down and go up into Q lane. Um, you can come in one one of you can be also come in you come in on the entrance to the uh west. You would be you could go down around the in the bypass lane and up into the viewing area. And a lot of this is a result of us wanting the building to face highway drive instead of facing the access road. Right. So, it kind of made things a little more a little more complicated than this.

Yeah, we we've had we've had some drive-throughs that, you know, I think in hindsight could have been designed a little bit better. This seems to bring everybody to the back of the property and it won't let it linger onto Elmree Way, right? And we've we've kind of learned our lesson on that. But this seems to be adequate, at least to my vision, right? Right. And this avoids us having to do a reversed flip building with right menu board in the front of the building and all that too. So the material is that of high quality according to our code? Yes. Ephus the Ephus.

Okay. Commissioner Abbott, did you have a question?

No other questions. Okay. Um well, there is going to be Oh, sir, if you can please stay up there, I'm going to Yep. Uh I'm going to recommend um a list of items and we would need to get your um you know, you need to agree to these before we make a consider consideration on this. First one is this approval is strictly for the proposed development of a restaurant with drive-through facilities as indicated on plan submitted with the application and dated September 6, 2025. Agreed.

Alternative exterior building materials as indicated on the elevation plan submitted with the application are approved in conjunction with this site plan review approved to maintain market identity. Correct. The site plan shall be amended to provide the required accessible parking space dimensions in compliance with section 430 at 130 and provide the minimum 12T queuing lane lane width width per section 425070 A2. Correct. The preso the proposed sign is approved in conjunction with the site plan review.

Yes. Separate building land disturbance and signed permits will be required through the city of Fenton and St. Louis County. Yes. Any changes needed based on MSD or FFPD fire department review may be administratively reviewed and approved by the community development director when in compliance with the code? Yes. Compliance with all other applicable city codes and ordinances. Awesome. Thank you. Um, anybody want to make a motion on this? All right, we've got a uh an initial motion by Commissioner Vorhees, second by Commissioner Westbrook. Amy, Commissioner Vorhees,

I. Commissioner Westbrook, Vice Chairperson Cheryl, I. Secretary Abbott, I. Mayor Morath, I. Alderman Harrell, I. Commissioner Glover, I. Commissioner Nelson, I. Commissioner Bilicki, I. Motion approved.

Awesome. Congratulations. Good luck with your Wendy's. Okay. Um, that leaves us with one additional new business item, which is case 2025, SUP14, a petition by GJ Grewie Brokerage on behalf of uh, Josan Josan Enterprise LLC for special use permit to operate a tobacco shop at 34 Gravaway Bluffs Plaza Drive. This property is zone C1, commercial district. Amy, um, little background on this? Sure. Uh, this is a request to operate a tobacco shop at 35 Gravway Bluffs uh, Plaza Drive, which is in the C1 district. So, that does require a special use permit. Uh, the proposed tenant is currently operating at 672 Gravaway Bluffs Boulevard, suite E, and they are proposing to locate in the subject uh, tenant space, which is already occupied by a tobacco shop. That existing tobacco shop will be vacating. They will just be moving into um, to that space. Um, a tobacco shop is defined as 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 marijuana dispensary facilities and does not include the sale of marijuana or marijuana infused products. Um the definition of the of the tobacco shop um again doesn't allow for consumption of the product on site and it doesn't include the sale of hemp or hemp derived products because those are regulated uh separately under the code. Um and as a reminder uh the purchase of of tobacco is age restricted. So the minimum age to purchase tobacco or vape products is 21.

Thank you Amy. Um will this sell vape items? Uh likely they will. Yeah. Yeah. They're currently operating at 672 Gravalway Bluffs as Vapor World. So, I'm assuming they'll have vape products.

And then just like, you know, I'm all for uh capitalism and commercial. So, you know, I'm not I'm not saying this is a problem, but cross we just approved another tobacco vapo shop, right? Within you can see these two from each other, right? Yeah. Again, I'm not in any way saying this is a problem. Um, all free free market here, but yeah, you're right. If they both can make it, what can you do? I don't disagree with you. Just stating what was going through my head when I read this. Um, commissioners, any questions for Amy?

I Hi, this is Britney Light. I represent the property owner. Just for clarification, those two properties are different entities and have different use restrictions. Oh, um I'm sorry, ma'am. Uh could you please restate your name? I just one more time, please. This is Britney White. I represent GJ Gury Brokers and Development, the property owner on behalf of Yosan Enterprises. Those two properties are under different LLC's which have different use restrictions. Okay. Uh what are those? Just out of curiosity.

Which means there it doesn't exclude the other like there's no exclusive because it's different LLC's. Oh no. I I understand that they're two different businesses. That's not um but they will be selling very similar products. Correct. Right. And there's not a restriction or an exclusive because it's two separate entities. Yeah. I I don't I wasn't I sorry I was not inferring that uh that was happening. I was just stating that there's two similar businesses um right across from each other. Understood.

Okay. But thank you for one letting us know you were on the call because I wasn't aware. Um I probably just didn't see that. Obviously I've missed this PowerPoint for several years. So, um, this number is probably, yeah, would have missed me. Um, thank you. We, uh, if you give us a moment, I just want to make sure there is see if there's any other questions. Uh, to, um, Amy from the commission group. I do have a question, Amy. One of the things we discussed with the other one was the signage, flashing signs, things like that. There's nothing in here. about signage.

Um any signage would have to be in compliance with the code. I believe at the previous uh um board or commission meeting when we approved the the other um tobacco shop, it was the petitioner who offered that uh that condition that they would not have any any flashing signs. Um, so otherwise it's also they would just have to in compliance with the sign code which doesn't allow for flashing signs anyway. Okay. Yeah. It's also a condition in the lease. They cannot have flashing signs.

Oh, thank you, Britney. Uh, commissioners, any other questions for Amy? If not, I will bring the petitioner. Britney will um you've already joined, so thank you. Um, and I think you stated your name. I believe you stated your address. Uh, so we will go ahead. Um, before we any questions, any additional questions to Britney? All right, Britney. uh for us to for the commission to support this request, we would need you to approve uh a few conditions. Uh can you do that for us? Yes, sir.

Awesome. Thank you. Um number one, approval of the special use permit is for Josan Enterprise LLC to operate a tobacco shop at 35 Gravo Bluffs Drive. I'm sorry, Grao Bluff Plaza Drive as indicated on the plans provided with the application dated September 5th, 2025. Yes. No sale of products containing hemp or hemp derived compounds is permitted. Correct. Yes. Any proposed signage will require separate sign permits to ensure compliance with the sign code. Correct. A separate occupancy permit will be required before the tenant space can be occupied. Yes.

Compliance with all applicable city codes and ordinances. Yes. Awesome. Thank you, Britney. Um, commissioners, is anyone want to make a motion for this? All right, we've got a motion by Commissioner Glover. Can I get a second? Commissioner Nelson. Uh, Amy, can you go through the roll call? Commissioner Glover, I. Commissioner Nelson, I. Vice Chairperson Cheryl, I. Secretary Abbott, I. Mayor Morath, hi. Alderman Harrell, hi. Commissioner Wisprock I. Commissioner Borhees. I I think he said I Okay. I Commissioner Bilicki.

I motion approved. Thank you. Awesome. Thank you, Britney. Good luck. Thank you. All right. Um that concludes all new business. Uh that was a a full docket. So let's move on um to announcements first. Uh Amy, uh I we do have your uh your note and then did you want to have add anything else from um just to to say that the department has received two new petitions for the November meeting and um that is all.

Okay. Awesome. The next one is a report from the chairperson. Um I guess that's me. Uh I do not have anything. So um I don't know. I feel like people start talking about the holiday. So yes, I guess hope everybody has a nice Halloween coming up. It is a uh it's a Friday night. I think the kids will enjoy that. So I hope everybody else can enjoy that as well. Um, and I do and and I I don't want to you know what I was going to say something else, but I bet the mayor's going to speak to it. I think there's a activities here that Fenton's sponsoring. We have the Halloween program that's coming up and I the date is what, Amy? The October

17th. 17th, I believe. Yes. Um, yeah. Um, I guess we'll just roll right into that. So, October 17th. Um, what else do we have? We have a lot of things that have been going on. New signs for Valiant Park, Fabic Nature Preserve have been placed. They're working on a Bud Wild. Uh, I saw West Park getting installed today. Westside Park is going to have their installation.

You know, a lot of a lot of people seem to like them. Um, I do want to bring up I always like to bring up some uh people that have passed away um that were kind of influential in the city here at one point whether it's with the city directly but I don't know Linda you're probably the one that has had the longest tenure. You remember Steve Kovalt? Steve Kovalt used to be one of our police officers when we had our own uh police group. Um he recently passed away last Wednesday. Um Steve was uh not only a resident of the city but um in Parkside acres but very involved with the uh Henderson Fields and so forth. He was actually the one that uh started a fundraiser playing bingo down at Post 400. Um really made that successful to where he I mean they bought lights and everything for the um uh athletic fields down there, the Corey League fields and so forth. Um, and after the Fenton days, he went on said he had had enough, bought Miss Mrs. Fields cookies and the different malls and moved up to St. Peters. Um, but Steve was always very influential as far as the kids went and worked down at the the sports complex, our sports complex, which was Henderson. So, we're going to miss Steve. And u, you know, he he would always check in, even though he moved north, he'd always check in. Benton was home. Um, aside from that, anybody have any questions that I'll kind of turn the tables?

Nope. No. All right. Awesome. Thank you, mayor. Uh, the next is report from the planning and zoning liaison, Alderman Harrell.

Thank you, sir. Uh last month we heard approval with conditions of case 2025 is07 uh case by Joshua Joshua Lipenot DC to amend an existing special use permit approved via ordinance 2789 for a medical chiropractic office 672 gravy and this was approved um approval with conditions was case 2025 SU P08 petition by Chasing Clouds Vape Shop LLC for a special use permit to operate tobacco shop at 98 Gravalo Bluffs Circle Drive Sweet F. This was approved. Approval with conditions was case 2025 SUP09, a petition by MS Goodwill for a special use permitted to operate a used merchandise store at 685 Gravoy Bluffs Boulevard that was approved. Approval with conditions of case 2024 SP06 petition by Dial architects on behalf of MS Goodwill. Um site plan review the exterior of the building remodel at 685 Gravo Bluff that was approved. Approval with conditions of case 2025-10. a petition by Christine Wick of Wicked Pines Resale to amend an existing special use permit which was approved via ordinance 4527 for a used merchandise store to expand. That was approved. And lastly, approval of case 2025 TXT02, consideration of amendments to section

415 and section 15 zoning code related to primary facade materials in C1. Awesome. Very, very, very thorough. Thank you. Yes. Um, commissioners, anything else? Uh, I know Mayor Morath asked, but maybe I had a second to think. Any anybody have anything? No. Okay. Oh. Oh, sorry. Amy, um, it says our meeting's Tuesday, November 4th. That's election day. There is no election. There is none. So, we're moving it. So, we're going to keep it on the fourth. Yes. Oh, okay. I need to tell my Google calendar. That's not

Thank you. Great. Good call out. Yes. Mine apples also says election day, but yes, you're correct. We still have planning and zoning seven. Um, and that's the last item there. Anybody have anything else? Um, can I get a motion to adjurnn? I'll make that motion. I've got a second by Commissioner Glover after uh Commissioner Addit's motion. Thank you. All right. You forgot all. Yeah.