Planning and Zoning Commission - Regular Meeting

Williams, how you doing? Are you back in school tomorrow?

What?

You sound sound okay. Yeah. Okay.

You heard him say She can't on this end

and also we're going to do the staff initiated revision first.

I think the agenda in your packet was reversed. Good on the left. Good on the right. I'd like to call the plan and zoning commission meeting to order. Uh, Mr. Kenny Crowder, please call role.

Chairman William Hardrick here. Mayor Marty Little here. Steve Olsen here. Mark JRO excused. I'm here. Councilman Lee Furnus here. Janet Dietrich here. Angela Williams here. Joe Bond, excused. Katie Sanders, Community Development, here. Diane Robinson, Community Development, here.

Thank you. Ken Crowder, please stand for the pledge of allegiance and remain standing. Remember for our service members, please. Thank you. I pledge 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 be seated. It's good to see everyone on this nice chilly Tuesday evening. Okay. You all look very warm. I I'll take that. Okay. Well, I trust that everyone has read uh the previous minutes. So, I'll open the floor for a motion to approve those. I'll make the motion. Thank you, Ken Crowder. Second it. Thank you, Miss Williams. Uh all those in favor? I I

All those who opposed, motion does carry. myself together. We will now begin the public hearing. Please be advised the plan and zoning commission is an advisory board that makes recommendation of city council. Final approvals are granted by the city council. So, we're going to start with the uh the staff initiated zoning text amendment on your agenda to second. We're going to move that to first. Uh section 400.060. go straight to Katie.

Uh, thank you, Chairman. Um, just so I know the mayor and Councilman Furnus have gone through some of this on the council level. Excuse me. Um, but in terms of definitions, we have added some new definitions um to kind of expand on the stores. So, we have convenience stores, we have a supermarket, and they're all based on square footage. you go through that. I'm sorry, convenience store. We have a grocery neighborhood, grocery community, grocery supermarket, and then liquor store. Um, specifying these definitions then also requires the table of primary uses, accessory uses, and planned uses to be updated as well. That's the um appendix A. That's another thing that we'll have to amend this evening. Um, it's just kind of a cleanup. I know there's been some revisions on the liquor licensing side of things which you guys aren't a part of in terms of um the review and approvals. But as we are doing that, we've also looked at the definitions and the zoning code and cleared these up and clarified them. We've been very um we've used convenience stores and grocery stores and retail sales um kind of across the board. Just clearing these up and defining them a little bit more helps in the overall in terms of planning and zoning and then also how it ties into liquor licensing.

Thank you. Absolutely. Any questions from the commission or comments? Anything from mayor? Any comments? Uh no, not really. We're still working out details uh as to the updates on those items. Um, with that said, I think a lot of the decisions still to be made deal with whether something is defined as a liquor store or not. Uh, with the applicant here tonight, they are a liquor store, so there's no real impact for what we're going to talk about. Correct. Yeah, it's it was a it's a continuing liquor store. It's not a brand new application.

Um, just a business ownership change. Obviously, administratively, I can't amend that because it's a liquor store. So they're here before you this evening because of that. And also everybody has the comments from Mark Sheru who couldn't be here this evening. He's in support of all three of the stash staff initiated revisions to the code. Um the last one that he didn't have was 400.685. We did send that to him as well today and he's in full support of that as well. Just so everybody knows. Thank you.

Thank you. you all will look at you all Mark's comments are your packets also we're looking for we'll break these down to individual voting components um so we'll start with the zoning zoning text amendment in section 400060 definitions as presented and discussed open the floor for that motion I'll make the motion thank you Ken Crowder second thank you mayor all those in favor I I. All those who oppose the motion does carry. Open for the motion uh for zone and text amendment append appendix A table of primary uses and plan uses as presented and discussed in your packet. So moved. Thank you Steve Wilson.

Second. Thank you mayor. And then yes ma'am. Did you want me to go over anything in terms of the administrative amendment of conditional use permits? I did we did give you guys a memorandum that uh Jason had put together for the council that Yes, ma'am. notes those changes. If you guys have any questions, um try to do my best to answer those, but if you're ready to proceed, by all means, anyone have any unready? That was a pretty easy read. Straightforward. Yeah, it's pretty pretty pretty straightforward. I appreciate you for that. Yes, sir. There's been been a motion made. Been a second. Go on to a vote. All those in favor?

I All those who was the first and second. The first The first was Steve. Steve Olsson. And I mayor was the second. Second. We're on the motion to u recommend approval zone and text amendment. Oh, I apologize. I thought you were doing the conditional. No, ma'am. Okay. Thank you. So, just make sure I'm gonna go back to I didn't see if anyone opposed. I apologize. So all those all those in favor I

all those who oppose that motion does carry. So now open the floor for the one that Katie was just speaking about. Any question before you resume to that voting? Okay. Uh open the floor for motion recommend approval of zoning text amendment uh section 400.685 procedure to amend approved conditional use permit as presented and discussed. Thank you. Councilman Furnus. Second. Thank you, Steve Wilson. All those all those who approve. I All those who opposed. Motion does carry. Thank you all for your time. Good job, Katie. Thank you, sir.

Well, Katie and the team, that's Miss Diane. Thank you. The dynamic duo. The dynamic duo. Let's move on to our next our next application from 1939 Woodson Road. Please step forward, state your name, Mr. Business, please. Hello. Good evening everybody and thank you so much for being here. I know it's chilly out there so I appreciate you. Um it's uh my brother, his name is Kunch Patel. He's in India right now. Um I'll be speaking on behalf of him. Um, we do own a liquor store. Um, in Please state your name for the record.

State your name for the record. My name Patel. Thank you.

Uh, we do own a we do own the same kind of business in Patterson uh, county. It's called Infinity Market. And the vision behind to take over this business is what we are doing there to the community. We also would like to do it here. Um what I'm trying to get a permission for is we don't know what what the hours were and why the hours were the way it is right now for our um business that we're trying to take over the hours are 10 to 10 but all the other stores nearby um even one across the street they open at 9:00 and they close at 10:00. So, I'm here to make a request to you all if we can like if we are taken over, we would like to like open our store at 9:00 if it's possible. Um, which is um very likely because every other convenience stores and the liquor stores nearby in the county and in the area, they also open at 9:00. So, that's all I have to say. And if you have any questions, I'm here.

Just clarification. So, that's 9 to 10, 9:00 a.m. to 10:00 p.m. Correct. uh Monday through Wednesday and then Thursday through Saturday 9:00 a.m. to 11:00 p.m. Correct. Okay. I'mma go straight to Katie, maybe answer that question. Katie, any comments? So, I do just want to clarify because the letter of intent that we received said 9:00 a.m. as you had stated and then we had Monday through Thursday to 10:00 p.m. Friday and Saturday to 11. I misread that's my that's my apologies. Okay. I just want to clarify. Is that correct? 9 to 10 Monday to Thursday and then 9 to 11 on Friday, Saturday.

So, as we all know, this is an application for a liquor store. This is a change of ownership from a previously approved retail sales of liquor and tobacco product store. The site plan due to previously approved variances does conform with the current zoning code. The intensity of use should be similar to that of the previous operation apart from an increase in the hours of operation. As discussed, the applicant's letter of intent indicated they would like to be open one hour earlier um at 9:00 a.m. as opposed to the previously approved opening hour of 10:00 a.m. And then again, they're asking for Sunday through Thursday to 10:00 p.m. Friday and Saturday until 11:00 p.m. Um I believe the previous business operating hours 7 days a week were 86 hours a week. The proposed business will be operating 93 hours a week, seven days a week. Seven days a week, which is an increase of seven hours, which is less than 15%.

Thank you. The only other thing that I will note is that one of the um staff recommendations is for their parking stalls to be restriped and their ADA parking stall um all to be refreshed which is something that during the occupancy inspection they would call out.

Okay. Thank you. Yes, sir. Thank you. Any questions from the commission or comments? Mayor. Yeah. And what did you say your relationship was to the He's my brother. Brother. And is there a relation to the property owner? Uh which owner? Uh P A R I M A L. Perol. No. Okay. On the property owner here. What's that? Sitama. S I T R A R A M Inc. I'm looking at the application for conditional use permit. Oh, I the first name there. Okay. We were pulling ours from the count.

Okay. Um and so there's no familial relationship with the property owner. You're not you're not related to the property owner? No, I'm not related to the property owner. Do we know if that party is related to the name that we have through the county? the Yes. So, when they fill out their paperwork for the commercial business occupancy, when we have like LLC's or anything of that nature, we have the business license um clerk, she actually gets the person that signed any documentation their relationship to the LLC.

Okay. Um, one other thing I'd like to note, if you guys um, look in exhibit B2, um, this was also what we had approved for the previous businesses that were there. The loading and unloading times related to the uses on the property shall be limited to 10:00 a.m. to 4 p.m. So, I wanted to make sure and note that while we have them here as well. Katie, do you have any information about why the previous owner had those hours in relative to the other business around her? Because she mentioned the the times were 9 to 9. 10 to 10.

10 to 10. Any reason why they was any issue previously? I will tell you that they were just here a few months ago. Um that business owner didn't pan out apparently. I I don't know if I mean they propose it. Yeah. We bring it to you. There was no restriction that my department andor the commission or the council put on that previous owner. That was just what they requested. I do remember that. And Katie, you mentioned the restriping. Yes, sir. Would that that be something that inspections would do you say? Yes, sir. It's also noted in exhibit B.

Yes, ma'am. Um, but specifically I wanted to point out the handicap space. Hey, do you have the name of the prior applicant from some months ago?

Um, if you give me a second, I can get that. I think I can with Sure. property owner. What was the name of the last business that tried to go in?

Wolf, if you if you remember him. I mean, I can look it up. As soon as you said it, I remembered it. So, we can skirt her answer here just by maybe answering this question. There's no relation to previous applicants for this. You're just purchasing an alcohol store and looking for operation. Okay, correct. That's all I needed to know. Thanks. Perfect. Thank you, mayor. Any other question? A to I'm sorry. A Toz Goods LLC doing business as a Toz Wine and Spirits Jose Syriak as you stated. Thanks.

Thank you. Any other questions or comments from the commission? Anything from the audience? Oh, you want I'm I'm sorry. Councilman Partners, give me just a second, sir. Go ahead. Councilman, you mentioned that you have another um business somewhere else. Yeah. So, he owns a liquor store. Um, it's it's in a partnership like 50% but he owns a Infinity Market. It's called Infinity Market. It's a liquor store in Patterson. Where is Patterson? Where is that? Uh, Florison. It's on Patterson Road. Yes. Okay. Um Okay.

Yeah. And um we have been trying to like donate to the school and armed forces over there and that's his vision to do it in this um um county as well.

I'm sorry. Repeat that. You you have vision to do what? So my brother he owns this liquor store and his vision is to bring whatever he's so over there whatever profit he makes he takes like 20% or whatever he can out of the profit because he he's also a 50% partner so we don't know what the other partner wants to do but whatever he earns he try to give it back to the community by providing them like he did like 2 thousands of do uh uh hot dogs for free for the people coming to him as a gesture of saying thank you on Thanksgiving and then he's also trying to like donate it to the school there or the armed forces or the fire department and all of that. So, it's his vision that he also want to expand whatever he's doing there. He also wants to do it here and help help this area too.

Thank you. Thank you. Thank you, council sir. Please step forward. State your name. How you doing? I'm Robert Nancy. Please state your address. I'm 333 Rex. Thank you, sir. How can we help? Uh, I've been coming to them these guys business for, uh, I can say about 26 years. Yes, sir. And they already respected me. And then, uh, they did what they supposed to do in the neighborhood. And, uh, I did some stuff and if I didn't have the money, they'll support me. You know what I'm saying? Like, Red, I got you. Yes, sir. Pay me, you get paid. Yes, sir.

See, I appreciate y'all. See, I I I like fitness like that. So, I'm gonna keep bringing you my business. So, I tell my kids and I tell my son, my daughter, and they all support them in the neighborhood, and they good people, and I don't want to lose them, and I'mma keep it keep coming. You know what I'm saying? Sir, if somebody can help you out,

hey, it's great. If you ain't got it, you can give it to me. It's all good. Hey, this a good company right here. And I bless them for being this in that city. And I love them. And all I got to say, I'mma keep going and keep going going strong. And I want to keep going stronger and do what they got to do. A beautiful family right here. And I ain't just saying it just to say it. I'm saying it. I'm a chef. I cook. I And I bring them food sometime and bring them a meal. You know what I'm saying? Not trying to get no nothing out of there. But they good people and I love them. That's all I got to say. Thank God for them. Amen. Thank you, sir. Thank you, sir. That's community right there.

Any other additional comments or questions from the audience? The only things on the um property inspection were restriping and No, no, no, no, that's no. We will address that. Okay. During the inspection, we haven't been out to do the inspection for this effort. My misunder. See, I can't hear. That's okay. That's all right. It's a good question if you can't hear. Someday I'll be able to read lips if this keeps going on. It's been going on for two months. If I may, please step to the mic. State your name. I'm Andy Tubs and I'm part of the uh property management for the um for the building.

Yes, sir. And uh so uh the striping that that is part of the uh the ongoing renovation that's going on too. So, as soon as the weather warms up that we plan on taking uh taking care of that from a landlord perspective. Yes, sir. So, that will be addressed uh as soon as the weather is appropriate. Okay. Yes, sir. Yeah. I I drive by there every day going to work and and so, you know, I notice little things. Yeah. Yeah. You've done quite a bit of renovation improvement on it. It looks really good. Yes. Thank you. Looks really good. Yeah.

Okay. Any additional comments or questions? Anything else from the audience? Okay. Seeing none, open for motion re approval for conditional use permit with stipulations as presented and discussed. So moved. Thank you, Steve Olsson. Second. Thank you, Councilman Furnus for that second. All those in favor? I. All those who oppose? Motion does carry. Motion to recommend approval of site plan with stipulations as presented and discussed. So moved. Thank you, Steve Wilson. Second. Thank you, Councilman, for that second. All those in favor? I. All those who oppose. And motion does carry.

Thank you all so much for your time tonight. Um, our next council meeting is February 9th, but I'm pretty sure Kitty may be in touch before then. City Council for final approval. This is an advisory board that makes recommendations. Okay.

And Miss Patel, one one additional note here. Uh, we approved something last month and they came to council last night. We were made aware that there was a a spam email sent to them acting like the city of Overland requesting 5,000 bucks. So, if there's any requests for fees or anything like that, make sure it's coming from one of our email addresses or if there are any questions, give us a call. So, if you see anything like that, don't don't fall for it because they brought it to us last night and it looked real. So, just be wary of that. Like there be like a go or m o goe kind of email from you guys or what would be like the should be at overland mo overland mo. Okay.org.org.org. Okay. That's what I was making sure. Is it Is it go?

You can call us if you don't have an email. We'll go through it. We'll give you some place to send it to us if we need to check it for you. Okay, makes sense. Thank you so much. Also, um I'd like to to take a plug for Mr. Crowder invite you to the Oland Business Association. Oh, thank you. Take Mr. Crowder's plug. He took a slip in here. Thank you. You got to get out of here, young young lady. Second Tuesday of every month at the community center. Okay. I would love to have the honor of introducing you. Okay. I'll be there. I'm all here. It's early in the morning. Is that going to kill the deal? 4:00 a.m. I'll be here.

Donuts and coffee 7:00. Meeting begins at 7:20. Okay, I'll be there. The next at 4:00 a.m. though sec February 10th. Sounds good. February 9, you approve me. In February 10, I'll get you coffee at 4. Thank you, Lee. Thank you. Thank you. Thank you. Thank you so much. Learn from the best. Okay. So, I will move on to the rest report. Uh, Kat, do you have anything for us? I do. Uh, 10,55 Page Avenue. I administratively approved and amended a conditional use permit. It was a change of business ownership automotive repair facility, formerly Tire Choice. So, there'll be a DOS on Page Avenue.

Oh. And then Woodson and Lackland will not be moving. So, we'll have two DOS locations within Overland. Good. Okay. That's all I have this year. Yeah. Thank you. Yes, sir. Oh, there is. Okay. Well, there is there any unfinished or new business we need to discuss? Anything from the good commission? I have to go back to work tomorrow. Sad. It's very sad. I'm a teacher. Okay. Well, seeing no new or unfinished business, I'll open the floor for for adjournment. Is there a motion? So moved.

Thank you, Steve. Second. Thank you, mayor. Um, all those in favor? I. All those who oppose. Motion carries. Means adjourn. 6:27 p.m. 627.