Planning and Zoning Commission - Regular Meeting

Yes. I'd like to call the September 30th plan and zoning commission meeting to order. Ken Crowder, please call role. Chairman William Hardrick here. Steve Olsen here. Mark JRO here. Mayor Pro Tim. Councilman Patrick Wleski here. I am here. Councilman Lee Furnus here. Janet Dietrich here. Angela Williams here. Special counsel Joe Bond here. Community development director Katie Sanders here. Diane Robinson, community development.

Thank you. Please stand for pledge of allegiance. Remain standing uh for a moment for our service members, please. Thank you. Allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Thank you. Please seat. Thank you all for attending tonight for the plan is on the commission meeting. Thank you all the day for being here. Also also thank you patch for stepping in as mayor prompt tonight for additional comments. I'll jump right into it. I trust that everyone has had the opportunity to read the previous minutes. Are there any questions or any unreadiness about it? Seeing any, I open up the floor for a motion. I'll make the motion. Second. It's been moved. Thank you Ken Crowder properly. seconded by Mr. Mark JRO. All those in favor? I I.

All those who oppose. That motion does carry. Thank you. So, let's go ahead and hop right into it. So, for our first part of the agenda, we're going to make a slight slight modification to the um to the agenda. We're going to actually have 9606 Midland Boulevard first just out of time out of a time consideration. Uh so, please 9606 Midland Boulevard. Anyone hear from that? Well, come on up. State your name one at a time or same. It doesn't matter. Just get a make speak direct to the microphone, please. Sorry. Okay. Thank you. Hi, Rob Cuckoo, the owner of 966. Okay. Thank you.

Hi, I'm Laura Hedrickk from Alt Land Serve. Thank you all for hearing our lot consolidation plat this evening. Yes, ma'am. Thank Thank you for being here tonight. I'm going to go straight to Katie for comments.

Thank you, Chairman. This is an application for a lot consolidation and an application for a zoning map amendment to change the zoning from C2 general commercial to plan development mixed. Is my understanding the building on the property has a residential apartment located at the front of the building and a storage building located at the back portion of the building which the applicant would like to utilize for his commercial office warehouse business. The consolidation of the two lots 9606 and 9606A Midland does not cause further departure from the zoning code. Rather, it cleans up the platting issues at this site as 9606A Midland is located behind 9606 Midland and has no street access making it an unusable lot. Further, if the zoning map amendment is approved, site meets the regulations and performance standards for the district with the following exceptions. 400.18.D.4.8, a front yard setback. It encroaches at 19.1 ft on the northwest corner and requires a 30-foot setback. And then 400.180D.4B, [Music] which is the sideyard setback. There's an encroachment on the west side at 4 feet and it requires a five- foot setback. Should the commission make recommendation to approve the lot consolidation, that should be first, the zoning map amendment um should be contingent if approved upon obtaining necessary variance approvals. There's nothing further at this time.

Thank you Katie. I appreciate you. Yes, sir. Special counsel.

Yeah. So, uh we should kind of address these one by one. The first is the lot consolidation. I would echo what Katie said. This kind of cleans up a quirk. I don't know why it was ever subdivided. Probably is one of those properties that was never properly subdivided. And you know, that's just something that I think we can all agree we should be cleaning up. So that um you know, it's pretty straightforward. It complies with the code. It's a ministerial act to recommend its approval. Um, pivoting over to the other piece of legislation I have for you is uh reszoning it from C2 to PD mixed. You will notice that um for this it looks a little bit more like a PUD, a planned unit development. Um that's because it's a planned district. It should have a plan that should be what it follows. So in that uh you know essentially it talks about the consolidated property can be used as a single family dwelling area a business and warehousing associated with that all in one. So this approval they wouldn't have to keep coming back for cups or doing anything like that. What they would have to do if if the plan ever changes is amend that underlying ordinance. But, you know, that's um that can be dealt with as it comes if it were to ever happen. But essentially, this would kind of outline all that Katie had talked about. You know, remove any CUPs that were on the site if there were any. Um, you know, make it so they have to get applicable permits and variances and all that stuff. So, this is all just baked into here's the plan. You know, this is what they submitted. This is what they want to do. This is how we get there without you know, five or six other steps, just the two steps. So, if anybody has any questions,

variance approvals. Well, sure. Three step. I want to forget that. Yeah. So, uh obviously, you know, if there are any questions, I'm happy to answer whatever about what I drafted or um the applicant can answer. So, thank you, Special Counsel. Any questions from the commission or comments from the commission? I have a question. Yes, ma'am. Will this set a precedent for other buildings like this to have someone live there as well as run a business out of there or vice versa?

Um, so I guess there's two things to be said about the question. The first being under state law, which was recently amended, you can run a business so long as it doesn't create an impact out of your house. So, it used to be that homebased businesses were kind of more tightly regulated. The Missouri General Assembly has stepped in and said those rules are kind of opened up. Um, which is, you know, vexing us in different ways. But,

yes. Um, so that's that's one piece of this is the state has already kind of set a precedent to allow people to do certain parts of this. I would say in this instance it is not a traditional home or traditional building. So I think this is currently commercial right now,

right? I I think part of this is just kind of fixing up um kind of a quirky older building uh and allowing it to be fully utilized. But certainly, I mean, if they came together with a plan that we would amend the code and be able to hold them to this, this is better than the unclear thing that Missouri law gives us. Thank you. Thank you, special counsel, for the clarification. Any additional questions or comments from the commission? William? Yes, sir. Mark, seems to me that that this as as Katie mentioned, cleans up a kind of a mess and we've been we've been trying to do that.

And also, if if we look at where this is located, it's not in a residential area. So, um I think this is a very positive change. Thank you, Mark. Anything from the Anything else from the commission? Anything from the audience? Any comments or questions from the audience? I'm just here to answer questions. Okay. I see no additional questions or comments. Anything else you want to say, Mark? This is a no-brainer. Thank you, sir. Appreciate it. Well, I will open the floor for a motion to recommend approval of the lock consolidation with the variances. I'll make the motion. Second.

Thank you, Ken. Thank you, Mark. All those in favor? I. All those who oppose the motion does carry. Thank you. Motion to recommend approval with the zoning map amendment. Motion with contingent upon contingent upon variance approval. I'll make that motion. Thank you, Councilman. Okay. The second council furnace. All those in favor? I. All those who oppose. And motion does carry. Thank you all so much. Both of you. Uh, so we I will we'll have a uh I know you have additional probably conversations we're gonna have with Katie.

So we'll follow up with you by email because there is a second meeting for the city council. That's where you receive final approval and then there will also be um a board of adjustment for the variances. So Diane will reach out to you by uh email tomorrow. Thank you. Check your email, Robert. Okay. [Laughter] Thank you. And you're free to go. Thank you. have a great night. Well, we appreciate you being here. Thank you. Thank you for your time. Thank you.

Okay. Well, thank you all. Um, next up, we have anyone here from 1591 uh Fair View Avenue. Step forward, state your name, date of your business, please. Hi, I'm Sean Burley. Um, my brother and I own 1591 and 1595 Fairview. Um, and we also own Aquave Day Plumbing in Overland as well. Thank you for being here, Nan. I appreciate you. Thank you. Go straight to Katie. Go ahead. Thank you, chairman. Um, as Sean explained, they actually have a business located in the city of Overland now. And I believe you guys own that building also, right? Liberty.

Perfect. So, they've purchased this building. It's an investment property for them. the applications for a zoning map amendment to change the zoning from plan development commercial to M1 manufacturing. Per the reason and justification submitted by the applicant, as I stated, their intent is to lease this building to other people. They want to create two units and the uses are more suited towards the M1 district. I know we've been talking with Bo quite a bit and he's been asking questions uh based on if it gets the zoning approved. So, they have people that are kind of knocking on their door in terms of getting into that building. Uh, review of the regulations and performance standards for the M1 zoning district shows the site meets the standards with the following exceptions. They do not meet the minimum lot area. It requires 2 and a half acres. They're actually at a half acre. The minimum lot width on the Fair View frontage is less than 150 ft. It's at 94.67. You have what is considered two front yards because you're on a corner lot. So you have two times the width you have to meet. Lastly, the minimum sideyard requirement 400.24D4B which requires 30 ft and may come in at 11.1. Should the commission make recommendation to approve the zoning map amendment, it should be contingent upon obtaining necessary variance approvals.

Yes, ma'am. Thank you, sir. Thank you, Katie. Special counsel. Sure. Uh this is you know another moving from PDC which is usually pretty flexible to M1 manufacturing. You know obviously manufacturing districts usually have a certain amount of flexibility as well but um as it stands I think the issue is that they can't move tenants in because of the non-conforming use of the building or property issues because they're plan development commercial and the types of uses that they want to put in there. It's just not conducive. They're not right. It's more suited suitable even in that area. If you look at it, it's

not that I'm trying to persuade anyone in any way, but it is more suited towards industrial type uses. And that's why they're requesting to change the zoning of the property where PDC is going to follow the C2 uh guidelines and is more restrictive when you when you're trying to put an industrial type use in there. Either it requires a conditional use or it's prohibited altogether. Okay. Yeah. And it's around other more industrial type uses. I mean, if this were to remain PDC, it would probably require a bunch of other fixes that would still

be in front of you and potentially hindered the use of the property. Um, if it's around other M1, I don't really see any issues with using this one contingent upon variance. I mean, again, with the way that some of these properties are platted down there, um, I don't see how they could find ways to comply with some of these lot size requirements. So, usually I don't like reszoning stuff to not comply with the code in that regard or or recommending uh, you know, that sort of act. In this instance, I mean, where do you get the other property? Don't know. So, to me, I think it makes sense. Thank you, special counsel.

Questions, Councilman Furnus. What impact right now?

Okay, I'm not I'm sorry. There you go. I'm so sorry. I was like, I know the top. It's soft. what what impact uh would it have upon the businesses that are already there um in making this change? So Katie,

within the packet, um Sean actually provided reasons and justifications for the zoning amendment request. Um he's listed similar type businesses that are actually surrounding the the proposed property that will be changed or he hopes to have changed. So, I think there's very similar type uses in that area. Um, I think if you leave it at PDC, the impact isn't to the neighborhood. It's more impactful to the property owner and the prospective tenants. If you switch it to M1, I don't think it affects the surrounding neighborhood or or businesses. It just makes it a more usable property in ter maybe I'm speaking for him but that's kind of what I my take away from what they included in their reasons and justifications.

So you see min minimum impact negative impact. Yes. For what they're going to be using it for. Yes. And what type of manufacturing would it be? Um, most people that are looking at it are looking at it as warehousing is what they're actually looking for. Um, we're we're right now working on a lease with a Monster Energy Drink would just be a place that stores, you know, extra product. Okay. Thank you. Anything else, Councilman Furnus? That'd be all.

Thank you, Mark. William, you know, and and again, this I hate to say this is a no-brainer, but but given the area and the neighbors, th this makes perfect sense because I think I think the PDC puts an undo burden on property owner. And and I think ideally it was put in as plan development commercial purely because of the size of the lot. Yep. That was that thought process during the comprehensive plan. Yep. Thank you. Any additional questions or comments from the commission? I do have one.

Yes, sir. Council, you said it was put in place because of the size of the lot. Well, from then to now, what has changed? The only thing that I would say has changed is that they were zoned as planned development commercially and nobody's come in and developed those areas commercially. So, you have buildings that are standing the same way they were 25 years ago. And in order for them to be useful and and people to occupy them, people are trying to change the zoning to make it fit into our table of uses and the codes that we have so that they're not having to come in and get conditional use permits for things or us just telling I'm sorry, you can't put that in there. It doesn't work because of our zoning. Thank you. Yes, sir.

What was the last business to occupy this building? Does anybody know? It was and plumbing. Um they've been out of there for a few years, so it's been vacant for So it was essentially warehousing, storing materials anyway. Yes. Okay. Thank you. Thank you, Mayor Proip. Any additional questions from the commission or comments? Anything from the audience? Seeing none, we'll move on to the floor for a motion approval um with with variance approval. move. Second. Who was the first? Thank you, Steve Olsson for that for the Steve was the first. Steve was our first. Mark was our second.

Thank you. Sorry. All those in favor? I I All those who oppose. And motion does carry. Thank you for your time this evening, sir. As much. We'll have our council meeting here in in the here in the chambers October 27th at 6 p.m. and we'll contact you, Sean. Yeah. Thank you. Have a good night. Thank you. Anyone here from 2002 Woodson Road? Step forward. State your name. Nature of business, please. My name is Todd Tobias and I'm proposing to purchase 2002 Woodson.

Okay. I see it says the name is the the Goddess Garage. Tell me about the Goddess Garage. And tell me about the business. The business. I'm a classic car collector. And I'm looking for a building to do repair on my cars. I've got mostly cars from the 20s and 30s. Okay. I'm excited, Mr. Chairman. I'm excited already. I know. Me, too. I know Todd from the hobby. Okay. And he is highly respected in the hobby and has some of the nicest cars in the Midwest. I just want to say that. Thank you. Thank you. So, so we should see you for a field trip opportunity, right? Katie, go ahead.

Thank you, chairman. Again, this is, as Mr. Tobias stated, this is an application for private use auto repair facility of vintage and/or historical vehicles. He will not be open to the general public to come in and drop your car off and work on. It's for his his personal collection.

This is an existing building, formerly bill signs. The proposed use in comparison to the previous business will be less intensive in nature as billant sign had outside storage and business related vehicles on the site. There's adequate parking and adequate ingress and egress for the site location. The proposed conditional use will not cause injury to the value of other property in the neighborhood in which it is to be located. The site plan appears to meet the requirements set forth in the zoning regulations with exceptions. There were six different items that were identified within your staff report. There are a couple corrections I just wanted to note. 400 220D4A which is the front yard setback requires a 30-foot setback and their actual is at 19 ft. And then the second one 400.22D4B is the sideyard. They require a 12T and they actually have a twoft. So there was just a little misinformation on your staff report. I wanted to clarify that the remainder are related to screening and landscaping and then design requirements. Mr. Tobias has applied for all of the variances to appear before the board of adjustment. That's all I have.

Thank you, Katie. Yes, sir. Special counsel.

Yeah. So, if we uh go to that exhibit B, which is the conditional use permit itself, it kind of reiterates a lot of what um Katie had mentioned. Uh it expressly says if it's going to be open to the public at any point, you have to amend the uh cup. Doesn't seem like that's going to be what you want to do, but um just like to always keep that in there. um if there's any required lensure either from the city or from the state or anything uh you know you just have to keep that up. I don't know if there is but um that I don't know if we would need a business license for this sort of business Katie I I'm not certain

and not my area of expertise Joe but I know he has been in contact with Miss Sanders the other miss Mrs. Sanders Nicole and so he's he's been working with her too. Perfect. Um it does mention uh need to obtain the variances within 3 months of issuance of the cup. I don't see that to be a problem based on um you going before the board here soon. One question I did have um was about the overnight parking where I know there's not outdoor storage but there was mention of overnight parking. Is that going to be inside the actual building? Inside the actual building. Yeah.

Okay. Okay. So, um the language that I drafted initially was that it was going to be permitted behind like a fenced or screened in area. Um I would amend that out because if they're going to be parked inside the building, I don't think we even need to mention correct any of that. And I don't think it's the kind of vehicles he would want to leave outside.

That's what I figured. which is why I was like, uh, okay. Um, so if if we're all, uh, looking at that exhibit B on this one, I would just recommend striking uh, uh, subsection 10 that talks about, um, overnight parking of vehicles because that isn't going to be an issue for this. Uh, otherwise, I think it, you know, it it makes sense. It's um another condition was that you have to remove the existing pole sign. I that was already talked about. So the current owner has offered to do that. So perfect. He does a sign business.

Yeah. Yeah. Yeah. Yeah. He he might want his sign. So yeah, otherwise, you know, I would echo what Katie said and I it seems good to me. I would just strike the sub uh condition 10 out of here because that's not necessary. Also, just to make you aware, you are supposed to be before the board of adjustment on October the 8th. We've unfortunately had unforeseen circumstances and will not have a quorum for that evening. We're working to get everyone on board for October 22nd. Okay, that's our goal. We'll certainly communicate that with you once we've confirmed all probably more ID. Okay. Thank you,

Mr. Chairman. This is the one of the most interesting property uses I've seen. And uh I need to ask you a question, Mr. Tobias. How did you come up with uh the name the Goddess garage? That's why I want to know what it was. That's how I know what it was. The name My my wife when she saw that asked me the same question. That doesn't that doesn't look right. No, the uh So I All my cars are Cadillacs. So, the mascot for a Cadillac, the the uh uh radiator ornament is called the goddess. May I suggest you find a less expensive hobby?

My wife has said that repeatedly. Thank you. Thank you. Just for just clarification, your hour is going to be 9 to6 for repairs. I expect that I'm going to do it during waking hours. Yeah. That I'd be working during waking hours. Okay. Since it's not up to the public, do we want do you want to modify that? Would that be advisable just in case you want to work on it at late later in the evening or anything like that? As long as the work's inside of the building, that's what I would recommend. Yes, ma'am. Yeah. Yeah. All the work would be inside the building. So, it would be okay maybe to Would you be open to maybe putting 9 to 9:00 p.m. 9 to 9? And it's not locking you into that. Just to make sure we don't have to come back and make modifications.

That sounds fine. Perfect. Thank you. That will be all work is done inside the building. Office hours is 9 to 8. Can we change that to 9 to 9 also? Is that okay? Or be just fine. Yep. And I'm always open to volunteers. Okay. Monday through Sunday. You may see me there. Number none. Owner operated. Yes. Okay. See the rest of things in here. One condition I would add. Uh yes sir, Mr. chair that you pointed out there is nothing that I drafted that said that the repairs need to be occurring within the building. So I would maybe add that as a condition as well.

Okay. Well, that also condition that our repairs be inside the building or repairs are made inside the building. Question. Yes, ma'am. M um will the public be able to see these vehicles? I was going to ask that later. Great question. I I mean if somebody has an interest and wants to ask, but it's not going to be a general open to the public hours come in open door. No, it would be So, will you have some type of signage that tells people that it's a private because if they see those cars,

they're going to want to be there. Yeah, I was going to avoid having the cars be visible, but u they may be coming and going. So, there is a chance that they will be seen, but it was my You're not intending to put any signage. I was planning not to put any signage to draw any kind of attention to it. I would just I was just thinking maybe the word private or you know something so people won't if people see those cars they're going to want to come look at them. I mean, even if you're just driving in and out of the back end, I know you miss I'll be knocking on the door.

Definitely. Any additional comments or questions from the commission? Mayor Pro. Yes, sir. I just want to reiterate, you've said it once or twice already. You just want to make absolutely sure. No overnight parking on the exterior parking. On the exterior. Correct. Okay. Thank you. We have we have a business in town that uh they do classic cars as well. Sometimes there's a very nice car parked outside and sometimes just a frame or maybe 10 frames. So I just wanted to check again. Thank you. Any additional comments or questions from the commission? Anything from the audience?

I see no additional questions or comments. I open the floor for a motion. Recommend approval with conditional use permit permit with stipulations as presented. Mark second. Thank you, Steve. All those in favor? I I. All those who oppose. That motion does carry. Motion approval of site plan with stipulations as presented. I know he's got to go to the board of varian contingent upon variance approval. Thank you, Steve, for that for that. So move. Second. Second. Thank you, Mayor Promp. All those in favor, I. All those who oppose. Motion does carry. Thank you so much. Thank you

for your time. I know she's worked with the board of adjustments, so I know she'll keep be in contact with you. Thank you so much.

Anyone here from 1910 Woodson Road? Please step forward. State your name, nature of your business. Hello everybody. My name is Squinder Ram. Uh I represent uh Longport Liquors here in Overland 1910 Woodson Road. Yes sir. And thank you guys for having me here today. No problem. No problem. So again, Mr. Chairman, may I make a comment? Oh, go ahead. I taught Squender government when he was 13 years old. A long time ago. Did you ever think, sir, it would come to this? No, I didn't think about that. Nor did I. Yeah. Was he a pleasure though? Was he a good Was he a good teacher? Yes, he was. Okay. Okay. Great. Your teachers proud of you. Thank you, sir. Appreciate that. Means a lot. Hey, Katie.

Thank you, chairman. This is an application to amend a previously issued conditional use permit. The original conditional use permit and site plan review were approved by city council on January 9th, 2023. And that was for a convenience store with liquor and tobacco sales. Also, this application includes approval of a of a proposed building addition approximately a 700 square foot in size building addition at the rear of the existing building. The original conditional use permit had the following conditions. 7 days a week from 9:00 a.m. to 10 p.m. Two employees outside storage was prohibited or is prohibited. Overnight parking is prohibited and it required installation of ADA parking stalls and striping of the lot was required which has been done. Applicant is requesting to amend the conditional use permit to extend the hours on Friday and Saturdays only from 9:00 am to 11 p.m. The site appears to conform to the zoning regulations with exception. Specifically for the landscaping, they have an issue with landscape frontage, interior landscape and landscape perimeter. And there's also design requirements access near street corners which requires that entrances be at least 75 ft back from a corner. They are actually going to install some green space on the south side of the property. It's only about three foot, so they can't meet that code specifically, but they are still making an attempt to put some green space in and some, I believe, shrubs on that side. Correct.

Absolutely. Okay. Um, the building addition itself is for extra storage of merchandise. There is adequate parking and the property owner will be installing an additional egress exit on the north side of the property. Proposed conditional use will not cause injury to the value of other property in the neighborhood. In fact, I believe this property helps to increase the value of other property in the neighborhood. It's very wellkept.

Property owner will be installing the landscaping on the south side as I explained where the city is actually going to remove the curbs on the south side of Ridge Avenue. So, it's the north side of the property. This will help for them to actually put the curb cuts in for the egress. Otherwise, we had some issues for them to meet the ADA requirements and our sidewalks not meeting it. So, we've proposed to take those sidewalks out. We'll seed and straw that area and Ram has agreed to making sure to water it and tend to it. Absolutely.

Um, please note there are still sidewalks on Ridge Avenue. They're on the north side of that street. So, we're not eliminating sidewalks in its entirety. Um, let's see. Property owners also applied for the variances that are required. They'll be seeking approval. Um that will also be on October 22nd. Fingers crossed. Unfortunately, we don't have a quorum on the 8. Okay. So, we're working towards that and keep in contact with you. Thank you. And that's all I have, sir. Thank you, Katie. Yes, sir. Comments? Uh special counsel?

Yeah. So, um looking at the exhibit B, which is the amended cup. This one is kind of quirky because uh this occurred before we did these in writing. So this is kind of bringing this one into writing or more into the formal way that we did these cups. So you will see that um well I guess let me rephrase the liquor store itself was pre in writing ordinance cup. There was a commercial electronic sign that happened in the interim. So what this does is kind of ties those together

and said, you know, the old commercial electronic message sign is going to be made part of this cup as well. And then this is going to be the governing cup for both. So they'll fix that. So it's going forward everything's in writing. It's an ordinance how we want the form to be. So there's that. That's the first uh piece that's in highlights. Um, again, it's they're not changing the use from what was initially proposed. Um, this does specifically spell out that if you lose any lensure related to alcohol or tobacco, that's grounds to revoke the whole CUP. Um, that, you know, wasn't in the prior iteration when it was again not in writing. So, that's, you know, a piece of this. um in terms of the hours that is kind of one of the things that's kind of bringing us here today. So there is the building aspect which isn't really talked about in C because it's not really relevant to the C and then there's the hours. So, what they're proposing is an extension to 11 p.m. Um, I have drafted in a condition that, um, if there's any action by the city council to limit hours that doesn't occur in the zoning universe that that will affect the cup. Um, that's just that's how it would have been regardless. But you know this is a tacit kind of understanding that if that changes in the liquor code that would govern um additionally the green space as shown on the site plan is to be maintained by uh the CU holder and it has to be clean and free of nuisance. That is always generally a requirement but you like to put it in here in case

it becomes a belt and suspenders issue. Um otherwise that's kind of it. So, um, the one thing I do need to add to this that isn't present, uh, for everyone else's review is the exhibit is supposed to have the old CUP. I couldn't get it to format correctly. Not a big deal here, but I printed one out, but it doesn't have the signature on it, which is why I made sure to go over it in my Yep. So, we'll just If you're seeing highlights at the bottom of this one, that's what that is. So, I had some problems actually just printing that. So, I printed one without the signature. Yeah.

Yes, sir. Um, okay. But other than that, it's kind of just those minor modifications. Um, so I'm happy to answer any questions or obviously the applicant can answer. So, thank you. Feels like this may clean up sort of like this whole night's kind of been clean up some things you've had kind of outstanding. So,

um, I did want to make sure to mention I and to make you aware, Ram, too, I know that we're incorporating this commercial electronic message board cup into the CU, but we had heard a couple things about the brightness of that sign. So, you want to make sure that you're reading over the requirements and making sure that you're adhering to them. Okay. The sign commercial electronic message board sign ordinance, I think, is I'll say it a little antiquated. I think it was more geared towards the scrolling green and red and yellow signs where today a commercial electronic message board sign is like turning the TV on. It does everything but our ordinances still limit how they're they operate. So just make sure you're operating within most definitely. Okay. Thank you. Thank you.

He has a copy of that. That's I have to have a copy of that. Yeah. So the CUP for those is literally just right out of the code. Straight out of the code. Okay. And I would echo what Katie has said that it is kind of an antiquated part of the code. Yeah.

Uh I would also say that it's very hard to write a sign code that's constitutional. So that's usually toward the bottom of the list because once you crack it open, it's like it becomes a a much bigger headache and problem than just doing what we have in place. So yeah, I think at some point we would fix requiring a special CUP for those signs or there might be some other way that we do that, update kind of all that language, but we haven't really gone in to do that because once you break open the sign code, you should fix the whole thing. Not saying it's like wildly unconstitutional, right?

Just want to be clear, but there are things that you always have to update and kind of see what's going on. And we just haven't gotten to that. And and while that code is a little antiquated in some manners, the intent is still that while a sign's supposed to get your attention, but it's not supposed to distract you. And so we have to be careful that we don't create a situation that we've approved by this board and our city council and somebody gets into an accident. Absolutely. Thanks, special counsel. Thank you, Katie. Yes, sir. Any questions or comments from the commission? Yes, Mark. Katie and and looking at the at the site plan, two parking spaces are going to be removed. Does that does that affect any of the parking requirements? No, they still have adequate parking.

Thank you. Any additional questions or comments from the commission? Um, I have a question. Uh, someplace in here, sorry, I've been awake since 3:30 this morning. Some place in all this paperwork, I read that you were talking about grocery. Are you just referring to like snack type groceries? Snack type groceries. Just dry goods. Okay. Just dry goods. Emergency items. Yes. Okay. Munchies. Yes. Absolutely. Munchies. Okay. Any additional questions or comments from the commission?

Anything from the audience? Okay. Seeing none, I open the floor for a motion. Requent approval with uh amended conditional use permit stipulations as presented. I'll make the motion. Second. Thank you, Kim. Thank you, Mor. All those in favor. All those who oppose. All those who abstain. Motion does carry. Abain. Say abstain. Yes, sir. Thank you, Councilman Furnus. Councilman Furnus abstain. He abstained. Yes, ma'am. Thank you. Open for for a motion recommend approval with amended site plan with stipulations as presented. Um um with varian contingent

contingent of variance approval move second. Thank you Steve. Thank you for that second pay prompt. All those in favor I. All those who oppose any abstensions. Yes sir. Thank you council furnace. Motion does carry. Thank you all. Thank you so much. I know Katie will be in contact with you also. It'll be a a council meeting here October 27th in the in the chamber 6 p.m. Thank you so much. Thank you. Thank you. Thank you. And thank you. We'll be in contact with you once we confirm that date for the 22nd.

Okay. And then there'll be the final approval from city council for the amended cup. We'll get you that date, too. Have a good night. Thank you, Mayor. It's good to see you. Yes. Go to Katie for any director's reports. Um I have nothing in terms of any um administrative conditional use permits. I did just want to point out for next month. We will have some two actual zoning regulations that are staff initiated that are going to be coming your way. We're trying to update the fence regulations and then also solar panels. Okay,

that's headed your way, but we're still working on it. Okay. Appreciate. Yeah. Appreciate your your hard work and explanation of all these pieces and maybe answer questions. Well, we appreciate a great job. Definitely and your time with us. Yes, ma'am. Any other additional comments or questions from the commission. Autumn festival was a great time. I'll say that. Checked out that was a good time. Questions or comments? Seen any unfinished or new business? Any announcements? And this is board and every everybody on it. Brought back memories here. Fond fond memories where it started.

That's right. It's good to see. Definitely. There's no additional any additional comments or unfinished business. I open the floor for motion to adjurnn. So moved. Second. Thank you, Mark. Thank you for that second. Council Furnace. It's a move and properly second. All those in favor? I I All those who oppose motion mean 642. Thank you. Thank you. We always I always say what time do you think it'll end? So we put our best see if we some we know we kind of we say what we think and we say what we hope.

Can you wait one minute?