Planning and Zoning Meeting - Regular Meeting

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my notes. Welcome to the December 17th, 2025 Planning and Zoning Commission meeting. At this time, I request that everyone please turn off or mute all electronic devices, including cell phones. Also, at this time, I would invite everyone to stand with me for the pledge of allegiance. Ice 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. Applications for conditional use permit request and reszoning requests will be heard during tonight's meeting and the commission will vote on these applications and make a recommendation to the county council. The applications will then be scheduled to be introduced before the county council at the Monday, January the 12th, 2026 uh county council meeting. Public comment for conditional use permit requests will be taken during tonight's meeting and at the county council meeting on Monday, January the 12th, 2026. Public comment on conditional use permit applications will not be taken at any meeting of the county council held thereafter. Applications for preliminary plats heard during tonight's meeting will be voted on by the planning and zoning commission during the meeting. The vote on preliminary plat is final. Only a recommendation for denial of a preliminary plat would be heard before the county council at their Monday, January the 12th, 2026 meeting. The following documents are introduced as a matter of record for this evening's public hearing and regular meeting of the planning and zoning commission. Those documents are the unified development ordinance of St. Charles County, including zoning maps, the year 2030 master plan for St. Charles County which includes the year 2030 future land use plan map and the rules of order and procedure for the planning and zoning commission as adopted by resolution 21-01. I see that we have a quorum. Is there a motion to open the meeting?

So move. Motion been made. Is there a second? Second. Motion made and second to open the meeting. All in favor sign I. I. I.

Okay. Um a little uh background as to how we conduct this meeting. Uh I will read into the record the uh application for us to consider uh and ask the staff for their report. Uh members of the commission may may or may not have questions for staff at that time. Uh then we will ask the applicant to come forward and present their application and answer any questions that members of the commission may have. Uh then we will have open for a public hearing. Uh anyone wishing to speak uh regarding that application can come forward. If you're going to speak, we ask that you fill out one of these cards uh and give those to Miss Hayes. Uh this ensures we get your name uh correct in our our minutes um with the public hearing. Well, with the applicant and anyone in the public hearing, uh you'll have to be sworn in. I'll give you an oath that you uh swear or affirm that you'll be telling the truth. Um with our procedures for uh this that we've adopted, uh each speaker will be limited to uh three minutes. Okay. Uh we ask that once um the same issue is repeated two or three times if we're talking about uh traffic or uh property values etc. Uh after two or three times that gets repetitive. Uh we have a a full room tonight. We have a lot of uh matters to consider. Uh so in the interest of everybody's time uh we ask that unless you have something uh different okay uh after two or three times we get the message uh and that

will help us move the uh the meeting alone along uh fairly fairly rapidly. Uh once the public hearing is closed, uh we will ask the applicant to come back uh address any issues that may have arisen during the public hearing. Um but once the public hearing is closed and we'll take no more comments from uh from the public. Um then once we've had a chance to uh address issues with the applicant the second time, uh then the commission will uh consider the matter and will will vote. Uh our vote uh on the as I read on the conditional use permits uh is just a recommendation to the county council. County council has the the final uh vote on these applications. And so this would anything we do tonight will be on their agenda uh for the January 12th, 2026 uh meeting. Okay. Um think I got that covered. Uh the first item on our agenda is uh CUP25-09. This is for a conditional use permit located at 2710 Highway F uh property owners or New Frontier Materials Operations Alpha LLC. Applicant is Justin Hickin Botham, director of stone operations and uh Lena Klene, uh environmental manager, current zoning is agricultural district. I request to amend conditional use permit 598 to expand an existing underground mining operation. The CUP area is approximately 40 acres. The location is 2710 Highway F located on the west side of highway F about 2 milesi south of the city of Newelli. This is located in council district 2. Staff,

good evening commissioners. Uh this cup amendment is to an existing 2003 conditional use permit. Uh it would allow the applicant to uh expand their operation of an underground existing mine uh which would include 174 acres in the southwest portion of the subject property. Uh the proposed mine expansion will not change any of the current operations uh including hours of operations, blasting and crushing schedules. The the production rate of the mine will not change either. Uh consequently, the the daily truck traffic in and out of the site will not change. Um there's a truck uh washoff station at the exit of the site. This will limit the track out onto Highway F. The applicant has indicated in their written narrative that the explosive explosives code for St. Charles County will be adhered to. The explosive code indicates the how explosives are transported, stored, handled, uh used, noise limits, vibration limits, and distances to offsite structures. Um, no uncontrolled structures, which means uh any building not owned by the the mine or the the operator uh will be located within 500 ft of the proposed use. The closest residential dwelling is approximately 2,500 ft away as shown in the concept plan. Uh the planning and zoning division evaluates uh the request or sorry for for conditional use amendments. The planning and zoning division uh reviews these in purpose and content with the original request. So that being said, we do view this as consistent with the original request that was made back in 2003 as they are only expanding their

underground operation. There's no changes to the surface u operations. The original ordinance from 2003 imposed 11 conditions. Modifications were made to those conditions uh basically to update them with the current county code standards. Uh, with all that being said, the planning and zoning division recommends approval with the conditions listed in the staff report. Any questions for staff? Hearing none, we'll ask the applicant to come forward. You solemnly swear, I affirm that you'll tell the truth, the whole truth, and nothing but the truth in these proceedings under the pains and penalties of perjury. I do.

Please state your name and address for the record. My name is Justin Higinbotham, the director of stone operations for New Frontier Materials. Our address is 2300 Creek Mill Road, Maryland Heights, Missouri. Go ahead, sir.

Yeah. Um, as the staff outlined, I think you did a pretty good summary um of our operation. Um yes the our application is a an expansion but I'd also you know kind of classify as an extension more than expansion is adding additional area to our underground mine but is an as he outlined it is an extension of our um operation the duration and it just gives us more areas to mine. Um, a little background on that. You know, the the Corey was there since 1954. Um, and then in 1984 is when it fell under zoning, the initial CUP, it was a surface operation. Um, in 2003, um, the request was made to take it to underground and mining commenced in 2004 and it's been underground mining ever since. Um, so since that point, they went underground. There's been no additional surface disturbance. Um, everything's been underground and this request is just to extend that um, to give us more area. All the area that we're requesting is within our our owned property um currently um on the site. It just was not included in the initial cup area. Anyone have any questions for the applicant? The the staff referenced a a uh residence within 2500 ft. Is that 2500 ft from your property line?

That is from the closest point that the extension would go um to the nearest resident. Yes. Okay. Any other questions? Seeing none. Thank you, sir. Thank you. Uh we will now open the public hearing for uh CUP25-09. Anyone wishing to speak? You solemnly swear our firm will tell the truth, the whole truth, and nothing but the truth in these proceedings or the pains and penalties of perjury. I do.

Please state your name and address for the record. Uh my name is uh Dale Guerrilla. Address is 211 North Broadway, uh St. Louis, Missouri. Go ahead, sir.

I uh represent the True Lask uh family property that is immediately adjacent to the New Frontier property. uh they've got about a thousand acres there and have been there for quite a while. Uh we're not here to try and stop this development. We're not here to try and stop the the amendment the the thing, but we do have some concerns about the operations there. I mean, it goes, you know, late into the evening currently. The lights are on. It starts up early 5:30 in the morning. Um, and the area around here, you know, the original the current uh conditional use permit dates back to 2003. And you all on the planning committee will know things have changed a lot in the last 22 years that this permit's been operation. The area has changed from just being rural to more residential. There's a lot more houses that have been built. If you look at a aerial photograph from 2003 versus now, a lot more residences that are near this. And so our concern is that just continuing the same operations is not viable here and there should be some uh limitations on some of the parameters of their operations. And um so I'd like to just run through a few of those. You know, currently they operate from 6:30 to 10:30 or that's what's in their permit, but that's just the extraction part. And so they start up at 5:30 in the morning. I mean, I'm sure I don't know what you're doing at 5:30 in the morning, but I don't really want to listen to, you know, noise and things like that. And so, what we'd like to propose is an amendment to the conditional use permit application to have them go from 7:30 to 5:00 Monday through Thursday for their operations, including extraction and operations. and also on Friday and Saturday from 7:30 to 3:00 and um to try and limit it to areas

time time periods that is not really going to be disturbing the peace in these residential areas. Uh also we'd like to act so that for the conditional use permit to include a provision that the lights need to be turned off uh other than security lights uh when the facility is not in operation. Um also there is blasting that goes on. We're aware of that. Um, right now their permit allows for them to do two blasts per day, up to two blasts. We would ask that they limit that to one blast per day and that they do no blasting on Saturdays. Uh, and no blasting past 4:00 in the afternoon. You know, we we understand they need to blast and that's fine. That's all underground, but you know, let's let's try and provide a little more limitations here. Uh my client's property is right up against the border of New Frontiers and so we'd like to also ask for a setback of the mining because right now they could mine right up to the the limit of the permit or of the property lines. And so we'd like to see like a 200 foot setback on there. And so that would help give a little bit of buffer. I know this is underground but still. Uh then the other thing is right now the the staff had said that there's not really going to be a change in the above ground operations. That's great. We appreciate that. But we'd like to see that as a condition in the permit itself that there's not going to be a change and they call for a site plan that's supposed to be put in place afterwards. And I think it'd be good for above ground operations to be able to see that site plan because the above ground operations are what's really going to be causing any nuisance that's there. And so we'd ask that as a condition of the the permit that they that the site plan be made public and that people have the opportunity to provide comment on that and we have another hearing like this on that site

plan. And hopefully it's not going to change operations and that'll be a simple thing and we won't have to worry about it. Um and then last I think we'd like to see a uh installation of a seismic meter on properties that are adjacent for people that would like to have those a permanent seismic meter just to see what type of seismic activity there is. Right now there's the uh you don't see the map up but right now they have a setback on for their current mining operations of probably a couple hundred feet where this uh application allows them to mine really up right to the property boundary.

So you know I know I'm throwing a lot at you. I I guess what we'd probably be asking is um whether you would want to defer this. we could submit actual written comments to this um and or if you cannot defer it, we'd ask you to vote no on this until we' have a chance to submit some comments and have them resubmit this. And uh we never we never received a notice of this hearing and we've talked to another landowner who never received a notice of this hearing. We just heard about it word of mouth and so I don't know whether there's people here that had received notice or how that works but anyway um you know we got our tax bill but never received a notice of this. So questions for me.

The operation for blasting it says in here is from 7 7 a.m. to 5:00 p.m. on Saturdays and on Fridays it's 6:30 to 5 on during the week for in the in the permit. Yeah. And we would like to see that only be I think I may have left that out. only be before 4 pm on Monday through Thursday and on only until 3 pm on Fridays and none on Saturdays to limit it to Monday and Thursdays till 4:00 and Fridays until 3 and none on Saturdays.

Any other questions? Thank you, sir. Thank you very much. I appreciate it. Thank you to the staff also for their review. Anyone else wishing to speak regarding CUP uh 25-09? [clears throat] You solemnly swear or affirmative to tell the truth, the whole truth, nothing but the truth in these proceedings or the pains and penalties of perjury. I do. Please state your name and address for the record.

My name is Todd Smith. I live at 12364 Conway Road in Crevec Court. Um, and my family owns the immediate property just south of this of the mine property. Uh, actually we're just to the east, I believe, of the true last property. Uh, we've owned this property for 60 years. Uh, I learned how to hunt and fish and drive tractors and cut brush out there. Uh, it's private property. Um, and we were not informed of this project either. We heard through word of mouth. Um, one of our one of our concerns in addition to those that have already been stated is we don't know how deep the depth of mining is, but we would maybe ask for a one to one setback. If they're going down 60 feet, maybe they could at least go 60 feet from property lines so that there's a 45 degree fracture surface to protect from infringing on our properties. Um uh but we have not been given any specifics about depth of mining or what's contemplated. Uh we do have concerns about underground mines coming all the way up to our property line. uh when it was an open surface mine, we could clearly see if there was an infringement of property line. But when this is under the ground, how are we supposed to confirm how far they've gone? I mean, are are they required to maybe provide a report uh on a annual or semianual basis on how close they are approaching underground? I think that I think that our neighbor could provide better information to those that are concerned about protecting their property lines from underground work. Um we are a little concerned about uh blasting operations and the schedule but uh those are some of the main concerns we have. We also have noticed over the past 20

years as the quarry lake has been developed that the water flows on surface streams have greatly varied on our property and we don't know what what's related to that but it's we've been there 60 years we've seen a lot of change but the change in 20 in the last 20 years has been great so we do have some concerns about it we would request that some of the members vote no until we can gather more information and uh I appreciate appreciate your time tonight.

Thank you, sir. Anyone else wishing to speak regarding CUP 25-09? You solemnly swear or affirm that you'll tell the truth, the whole truth, and nothing but the truth in these proceedings or the pains and penalties of perjury? I do. Please state your name and address for the record. Uh Doug Reinhardt uh 1501 Femio Sage Creek Road, Augusta, Missouri. Go ahead, sir.

Um our family uh owns the Vinehill Farm, which is touches the quarry property and I've lived out there my whole life, born and raised. Uh we raised cattle. Uh our concerns are um on our property there is a petroleum pipeline that runs right up along on our ground up to the quarry. I I'm not exactly sure how far off the property line it is, but it's of some concern if they're mining up how close they'll be mining up to that if they're blasting. Um that's a concern of ours. Um um under underground water. Um you know, and you know, like our neighbor was saying, um we don't know how there's any way to really know how far they're coming over to our property, if they're coming under our ground or when, you know, there's no way to really tell how far they're going underground. you know, we like to have some some map or something that shows, you know, how far they're coming south toward our place, but the pipeline is concerning. Um, that's that's all I want to say.

Okay. Thank you, sir. Thank you. Anyone else wishing to speak regarding CUP25-09? Anyone? Anyone wishing to speak? Seeing no one, we'll close the public hearing for CUP25-09. Ask the applicant to come back.

Okay. I don't I made a list. Did you make a list? I I tried to. I guess the probably the first is a pipeline. Yeah. So, um couple couple themes here. Um starting with the pipeline, um blasting regulations that we both St. Charles County Code um and St. Charles County code adopts um other codes address both the vibration limits for all structures including pipelines. Um and I'll tell you from my experience or from my knowledge of the codes um the the pipeline limits are much higher than houses. So if we monitor houses they're the most sensitive structure than a pipeline and those codes are all addressed to address all those issues. Okay. Does that pipeline cross your property?

Um no it does not. There's there's an there's if you look at one of the maps there is an easement I believe an old easement but the the pipeline um to my knowledge I I don't I don't don't believe I do there is the easement but I don't believe that it is but I can have to confirm that. Okay. Um the uh depth of the mining versus a accompanying setback. Yes. So um I don't know if you guys all have um the packet with the with the map in it. do have a thumb drive I could put uh bring of the map but on the back there is a a map um or I don't know this can I display this? Yeah.

So this this is a the map that we provided as part of it. If you do look um there is the the red line is our property boundary and then the orange is the setback. So there is a design 75 foot setback. Um so we are not mining directly up to the property line. There is already a built-in setback to the the proposed area. which is consistent with the uh historic operations that we've done there. Um back here, what what's your depth?

The the depth is depth is roughly um to the to the top of the ceiling is is roughly 120 to 150. The topography out there is very uh rolling. You know, there's some steep ravines and valleys, but it it's between 100 and 150 ft depending on where you are within the within the mine. Um what about the the proposed change in the hours of operation?

Yeah, so um the the hours of operations as as were identified were already um stated in there. Um, I would like to point out as an overriding theme, right, this this location does support the construction and the the the home building um industry, the hours of work there. We are tied kind of with that, right? The historic operations have always been. We are very early risers um as an industry um and the materials and construction industry, highway construction. Um I would say the one the whole industry is tied around our opening time. Um including all the other businesses, the trucking businesses and other construction businesses in the area. Um they they are directly tied to when we open. So that would be a very detrimental impact to not only our ability to operate our business um uh profitably, but it would also be a major deterrent um to it would have a very a large trickle down effect in the construction, highway, building um industry. um turning your uh lights off when not operating other than security.

Yeah. So we we have a night shift maintenance. So the general you know we c we crush blast do all our our our extraction activities as we're identified. Blasting is also tied to that. Um we do maintenance. We do other activities that are not extraction based um with the plant off but you know there's a safety risk. Um we have we have spoke with one of the um individuals that spoke here um about some of these issues and are actively working towards um doing that. Looking into um timers that we could turn lights off, looking um going out to actively we just heard about that you know this week um and we are actively looking into what we can do to minimize that to to to the impact of it.

Okay. Uh, I think that covers my Any other questions? Yes, sir. Yeah. Do you have any seismic readings?

Yes. Um, yeah. And I have a couple another one I'd like to respond to, but I'll answer yours first, uh, Mr. Baker. Um, so we do again per per regulations. We are required to monitor at the closest structure to our blasting operations. That is variable and dependent on where we are. Um, so our again our regulations, there are requirements that we don't there are certain rule exceptions where you don't have to. We have always and historically monitored at least one seismograph at that closest location. Um so again, if we were blasting, if we go to that south area, we'd either install a second one um by rule, but we are also, you know, not opposed to installing them um as a manner of good faith to to to do above and beyond that. We currently do we've had times where there's multiple around. We are currently monitoring on the north side of our property because that's the closest where we are. We are not mining. This this area has been mined out. That's why we're putting the the extension in there. Um, but we would install to the closest structure um, in that location as well per the regulations. The other the other comment I was going to make that was kind of a common theme there was our where we're mining and knowing that we're within our property boundary. We are regulated by the mine safety and health administration. IMSA is our government agency. They show up four times on a year uh four times a year unannounced. Um, and that's our that's our government oversight. Our mind map is posted by there. We do updates to it. that is that is posted on there. Um they are the the the the the direct government agency that monitors our mining. Um we survey we do a lot of you know to keep us on in the area we are but there is oversight and and uh um people that are we have regulatory authority over our mining operations there. Any other questions for the applicant? Are you aware of the uh conditions set forth, the recommendations, the conditions set forth by the staff report?

Yes. Do you have any issues with any of those? No. And I would also point out one of those conditions was addressing specifically when this went from the surface to the underground. It gave us a two-year um allowance to to insurface activities. That is one that's been strike through because it no longer applies. Meaning um there was another concern of that of whether our surface activities are we're not allowed to develop any more surface. Um there was a a temporary a two-year extension when we went underground that is one of the conditions been strike through um and no longer applies. So that would address that concern. Any other questions for the applicant? Seeing none. Thank you sir.

Thank you. We'll bring cup 25-09 uh back to the commission for consideration. Any questions, comments? Question for staff. Uh what about the uh questions about notification? Two two of the speakers said they didn't receive notification. We sent out notification letters to adjacent property owners within 2,000 ft of the property lines of the mine. Okay. So they should have received them

if they were within 2,000 ft. if their property was in within 2,000 ft of the mine property, uh, this should have been received. If I remember correct, both of them said they were adjacent. I I'm not sure if it if the mail I'm but we we did send out the letters.

Okay. What I would say is um additionally luckily the word got out because that's the whole purpose of this. Letters are sent, neighbors talk to neighbors. There's a sign that's put out so people will have uh um some notification and some knowledge. So the the people that indicated they didn't receive a letter, they're here tonight and that's great. That's exactly what we want. So uh the word did get out and we're thankful for that. Uh are the addresses you use are those the addresses are in the tax records?

Yeah, we use the mailing address for the properties not like the site address because the we pull our we pull our mailing list from the public uh GIS map and there is two addresses. One is for site address that's like the physical property address and then there's a mailing address which I do believe the tax bills get sent to and we use the mailing address.

Okay. Any other questions for staff? Now, the chair will entertain a motion to approve CUP25-09 subject to the recommendations set forth in the uh staff report. Is there a motion? So moved. Motion's been made. Is there a second? Second. Miss Kerschner makes the second. Uh, Mr. Shell, how do you vote? Yes. Uh, Mr. Baker, yes. Uh, Mr. Knee Miller, yes. Miss Kersner, yes. Uh, Miss Bar,

yes. And, uh, I apologize. I I didn't uh introduce our newest uh, member of the commission before we started, Mr. Joe Quinn. Uh, so you How do you vote? Yes.

Okay. and I vote yes. [snorts] Okay. Uh, next item on the agenda is CUP uh 25-10 Defiance Ridge Vineyards LLC. Uh, applicant is Chuck Gillantine, manager. Current zoning is a agricultural district. Uh, conditional use request is a request to expand the existing conditional use permit. CUP uh 17-14 to allow for a building to conduct weddings, wedding receptions, or other private parties. Uh the CUP area, it consists of 42 acres. Uh the location is 2711 South Highway 94 located on the west side of the intersection of Highway 94 South and Dart's Bottom Road near Defiance. This is located in Council District 2. Staff,

good evening. Um can everyone hear me? Is this is this working? Okay. Um I got a presentation um for my staff report. Um a lot of this stuff is um the information you just read into the record. Um but just to reiterate, it's a request to expand on CUP 1714. Um to allow for the construction of a building to conduct weddings, receptions, and other uh private parties. Um just a little bit of a property history. Um the property has been zoned a a agricultural with the inception of zoning in the county in the late 50s. Um and over the years they've been granted four cups as you can see in that table there. Um all of them have been approved and one of them has been expired um which subsequently led to cup 17 14 for the winery um and private events. Um at the time of the authorization of CP 1714 um there was no site improvements um to be proposed. Everything was going to happen on existing structures on site. And since this is an amendment um given the scale and the size of the proposed addition that um the applicant's proposing um staff believes this constitute as a major variation to their original CU. So, the applicant's request, the area highlighted in blue there on the screen, um is the parking area that they're proposing to improve and expand along with um the proposed building um and an attached deck for the private event hall. It's a multi-story building. Um, as you can see from the building elevation there, it's going to be approximately a 6,800 square foot hall, um, with a 2400 square foot attached deck. Um, and as I said, it

includes both the lower level and main level. For the parking area, um, they're proposing to add approximately 1.25 acres um, of gravel um, to provide 180 parking spaces. And in that parking area, they're going to have um 18 light standards to illuminate um the parking area. In terms of surrounding land uses, um all the properties within the vicinity are zoned a agricultural. Um and most of those properties have a residence on them or they're farm or agricultural in nature. You can see from the key, it's kind of hard to see from here, but um anything with a red star is um a property that has a residence on it. Um and anything with a yellow star is a to a farm or non-residential use. Um there are two the two closest uh properties or residences are just to the north of the property. Those both are about approximately 400 feet to 600 feet away from um where the proposed uh private hall is going to be. In terms of analysis, um, like I said, this is a CUP amendment. So, our review is basically to see if what they're proposing is consistent with the previous conditional use approval. Um and because of that, we're recommending that we keep um all the existing conditions from the CP 1714, but we're also um looking to add some conditions um based on the size and scope of the project. Those are mainly um to keep the hours of operation the same for indoors and outdoors events. Um introducing landscaping buffers. the area in green. Um we're proposing a type two landscape buffer. Um the applicant shows that there's trees there. Those can count um

towards that buffer, but they have to meet our ordinance requirements. Um you can't really see from here, but also on the northern uh portion of the parking area, we're proposing a sight proof fence to prevent headlights um from spilling over onto neighboring properties, namely those two residences I mentioned. um exterior lighting standards. We have them in the ordinance. They have to comply with those through the site plan. Um but we're looking for um full cut off lighting to prevent any light pollution from a a [clears throat] rural area that's uh usually has a a pretty dark sky. Um and the final condition we're um proposing to add is uh proof from uh of a permit from the Missouri Department of Natural Resources um for individual waste uh water treatment system. In terms of notifying uh land owners and agencies, you can see there those are the agencies that we notified as a part of this project. Um we also notified 65 land owners within a 2,000 ft radius. Um at the end of me preparing this uh PowerPoint today, we had five letters of oppositions. Um and we received no comments from any of the agencies we notified. With that all that being said, um based on the analysis provided in our staff recommend um we believe that this conditional use uh permit amendment substantially complies with the original CU and we recommend that the planning and zoning commission approve this CUP amendment. Any questions for staff?

Yeah. Can we see the letters of opposition? Uh, yeah. Let me pull this up. I'm not I don't see them in in here. They're not in our P. I don't think it's Sam. It says none received. Oh, I I'll tell you what happened. So, we update we typically update the packet towards the end of the day to make sure you guys can see it. Um, I believe staff had left at that point. They leave at 4:30. We sent it over to um a secondary department in communications. Um, so they probably didn't get put up, but we can definitely share those with you. Yes, Mr. Becker. Yeah, I just got a question. Is this a gravel parking lot? They're proposing it to be.

And that's fine, but we're showing parking. How do they delineate where the parking spaces are on a gravel parking lot? Um, it's up to the applicant, but they would have to do something to delineate each parking space. How has that been done in the past? Do you know, Robert? A lot of times, uh, the the parking stops are installed so that the the cars can't go any farther forward. Yeah. But practically speaking, people don't, um, stripe the gravel parking lot, right? I just because they're not showing any park curb stops. So, I I just wasn't sure how they actually I mean delinate parking. Typically, it's the curb stop and then that kind of delineates where the drive lane is.

Okay. They're not I'm just saying they're not showing any curb stops on on the site plan. Okay. But yeah, that would be part of the site plan process. They'd have to certainly show where the curb stops are, the locations of all the lighting. They have to show the the light um luminary plan and all that. Okay. So, that probably caught during the site plan review. Okay. Thank you. Yeah. But also just on that matter, um whenever people are approved for gravel parking, we have a condition that we place on the site plan that if dust ever becomes a problem, we can contact the owner of the parking lot and we they identify how they're going to treat it, whether it's going to be, I don't know, calcium chloride or linseed oil or whatever the method is to control dust.

Thank you. Any other questions for staff? Seeing none, we'll ask the applicant to come forward.

You solemnly swear or affirm that you'll tell the truth, the whole truth, and nothing but the truth in these proceedings with the pains and penalties of perjury. I do. Please state your name and address for the record. My name is Brad Prior. My address is 200 North 3rd Street, St. Charles, Missouri, 63301.

Okay, sir. I'm here tonight on behalf of the applicant uh defiance rich vineyards, Mr. Chuck Guillotine, the manager of that establishment. Uh Jared did a good job. He had a pretty comprehensive presentation. Um I've also put together a presentation that is not loading properly. Well, well, so this is just a was supposed to be a uh the satellite overview of the property to kind of show the the layout of the property there. Um, so kind of reiterating what Jared said with the property facts. So, the current use is is the winery with the restaurant component and then the uh the wedding events, wedding receptions, and private parties. Um the relevant approvals include the CUP 605 which was approved in December of 03 which was the restaurant use and then the winery use and then the building structures and open spaces for conducting weddings andor wedding receptions was approved in 2018 with ordinance number 18-108. So the current request as Jared explained is is an amendment to this conditional use permit. Um, and really it's to build the indoor venue that was shown on the depictions in Jared's presentation. Um, and as part of that, there'll be the new building, the deck, and then the parking spaces as well that were shown on that site plan. Um, and as as explained by staff, right, the the the amendment, the use is not changing. The reason for the amendment is because of the new building which is different than what was shown on the concept plan when the CU C cup was approved in 2018. So because of the new structure that is what's triggered this new uh the amendment requirement and that's why we're here in front of you today. Um here is the satellite image. It's a little more zoomed in. So you see on here where the existing parking is next

to this pond and there's a big tree there. That's essentially the general area in which the building will be going. And then the parking will be to the left of there and kind of that big green space area where there's currently no trees in between there and the property line. And then moving forward, this is just an overview, the same one that was shown by staff where it shows the pond there, the proposed building, and then the proposed parking. Moving forward, we have the elevation. Um, this is designated as the north elevation. So, if you look back at on this site, this would be the portion of the building that when you're walking down from the parking lot that you see and that guests will enter in through this door here. This is the southern elevation. This would be if you're standing near that pond looking back at the proposed building. That's the view that is seen. And as you can see here, there's these the double glass doors that kind of run that area um that filter out into a patio area. And then here is the west elevation, which this is the view as you're driving around the existing drive to get back to that parking lot. This is the view that is seen. And then this is again the elevation from the other side that has the um with the pond down to the left and the parking to the right looking at the that gable end of the V building which unfortunately did not load too well but these these depictions and renderings were part of the packet. Um so the property is is buffered by the existing trees on the northern southern and western property boundaries. as staff pointed out the uh condition with respect to the landscape barrier uh we're aware that we have no issues there with with respect to that. Um again the closest portion of the proposed building to the residence to the north is about 4 to 600 ft. There's two residences to the north there and then those that are to

the south it's about uh 1,400 ft. Um and again the purpose of this building right is to hold indoor vents. So, the noise issue, it's going to be contained within that area. Um, if you go back, there's no on these renderings, there's no big wide open barn doors. There's no pass through barn doors. It's it's going to be contained within within the main structure and then that portion that leads out onto the patio and the deck. Um, and in conclusion, right, we're the the use remains the same. The reason for this amendment again is is because of this new proposed building. Um you know, Defiance Ridge will continue to operate as it does. Um they'll be holding the the the events, the weddings, the special special events, and other other sorts of uh items along those lines. Um we ask tonight for a favorable recommendation from the PNZ Commission, and I'll be available for any questions that you all may have um after the public comment portion.

Okay. Any questions right now? Yeah. Hearing none. Thank you. Actually, hang on. So, you currently have weddings and these kind of things there. Correct. And what is the average size, would you say, of one of those events currently? So, I average size that is across the board. I am not I can't answer that. I What's the maximum number of people you could have at a wedding current? I believe the maximum number at the current setup with the outside venue, I think it's 250. Okay. What would be the maximum number of people you could have with this particular setup? I'm not aware of that number because they haven't quite yet figured out the inside layout to that extent. Would it be significantly more like tripled or or I don't think it' be tripled? No.

No. Doubled. Uh potentially, but I don't know 100%. So potentially like 500 people. I don't know 100% for certain, but we can we can we're just guessing. Yeah, we can definitely get an answer for that though. Okay. Um just to interject on the original CU um in 2018, I believe they said it was anywhere from um like 20 people to 200 people. Um so that's certainly a condition you can add if you'd like. This would be part of the amendment that they could have apologize. So this would be part of the amendment that they could now have more than 200 people or we would have to have some sort of

current CU doesn't condition there's no condition for a a limit of people. Oh there's okay. It just states that they think that it would be 20 to 200 but it's not a condition. Right. Yeah. I'm just that's what they stated in their previous application. Right. And I will point out too kind of along that same line. So it with this proposed building there would be this event space and then the current existing event space as well. Okay. So, you could potenti Sorry. So, you could potentially have two weddings going on at the same time or I don't think there'd be two weddings, but there could be, you know, a class reunion. I know those are popular events that occur there. And then potentially a wedding or or something along those lines.

So, just to clarify, your current space can hold up to roughly 200 250 people and then you're adding a space that can hold probably twice that. So, then your total amount would be able to hold about three times what you currently hold or I guess let me take a step back. So I'm not 100% sure on the number of people that will be able to be in the new proposed building. Okay.

But currently based on the current layout and the outdoor venue portion with the it's kind of like a half covered patio outdoor portion that that is where there's the events range from about 200 20 to 200 people as Jared explained. Um but in terms of the new proposed building, we can definitely get an answer on the the number the exact number of what would be anticipated in that regard. Okay. Thank you. Any other questions?

I don't have a question, but I have a comment. Um I go to an event there every year and um I would say right now they probably on the inside hold about 150 to 160 people and that's pretty full, right? So, and then there are some outside, but the [clears throat] event does not spell over outside. Those are other guests. Okay. Anything else for the applicant at this time? Seeing none. Thank you, sir. Thank you.

Uh, we'll now open the public hearing for CUP25-10. Anyone wishing to speak? Good evening. M solemnly swear affirm that you'll tell the truth, the whole truth, and nothing but the truth in these proceedings with the pains and penalties of perjury. Yes, sir. Please state your name and address for the record. Uh Thomas A. Snider, uh 2675 South Highway 94. Go ahead, sir.

Uh I live just off of I've lived there since off and on since 1993. And it used to be a nice quite quiet quiet place to live. Currently I'm at about 8 to 900 ft from Defiance Ridge V uh vineyards main building in the uh 1210 225 staff recommendation analysis. It refers to my house as being about 600 ft from the proposed new event center. I can hear the music currently uh coming from the building whether I'm inside or outside the house of the propo the proposed event center will be closer to my house. So, the music will probably be louder and I usually go to bed around 9:00 in the evening. So, it's impossible to sleep when there's music or fireworks from weddings going on as as they take place. Now, from the site plan, it appears that the new deck will be on the north side of the event center. Without the buffer, these trees, buildings, and the music will have nothing to block the noise. Is there a noise ordinance in St. Charles? I am concerned about the safety as there will be an increase of traffic. and have an effect on my entrance and exit from the from my driveway to Highway 94. I'm up the hill from the winery entrance and I'm the first driveway from the entrance. It's very dangerous on weekends and when I pull out of my driveway due to all the cars and the drunks. There's a high school up close to the highway and then you have all the people coming on getting drunk and I call it creative driving on weekends. Uh the dust from the gravel road uh at Defiance Ridge is a problem uh when it's dry. I don't know whether there's six inches of clean rock underneath the driveway or not. Uh the dust and additional traffic and the widen road in the new parking lot. More cars create more nighttime lights and disturb the neighbors. It used to be a nice quiet place to live uh before the winery

showed up and the vineyard started having loud loud music after 9:00. It'd be nice if we didn't make things worse. I'm an expert on noise. I used to work at the airport for 20 years, so it's pretty loud. Thank you, sir. Thank you. Anyone else wishing to speak? Do you solemnly swear or affirm that you'll tell the truth, the whole truth, and nothing but the truth in these proceedings or the pains and penalties of perjury? I do. Please state your name and address for the record.

My name is Paul Rena. [clears throat] I am uh live at 85 Holden Road, Defiance, Missouri. U nice presentation, Jared. Um, I'm not in favor of the event center and the parking lot being built next door to me. Um, my wife and I were disheartened when we first got that letter about the expansion. Um, we're zoned agricultural and so is Defiance Ridge. Um, so this proposal is a transitional change to our property and the value of our home. Um, couple quick points. Um, first and foremost, the the noise um that my brother-in-law spoke to of the distance from our two residences was referenced in 2018 to be a,000 ft from the back end of the original uh venue where they held the held the weddings. um that was 1,000 feet and um the decibb from that uh distance were easily heard um 1,000 ft away. um this new building and it's uh um outside venue portion. Um if they have music there and if they have music with all those doors that we see on the sides of that uh new building, um that music is going to come straight out of that building and head 400t to my house. And there's not going to be any tree fence that's going to stop that from traveling. Um 85 dB can travel a mile. I know I know it'll reduce in distance, but that can travel quite a distance. I'm only 400 ft away. Um um but they were saying it was thousand feet back then. Um what what I'm hoping

to get is a buffer uh which they recommended a a type two landscape buffer um which I'd like to get upgraded to a type three landscape buffer and um that would uh um be approximately from where he showed the upper area of the u property along the fence row um with that with that uh fence that he was referring to. Um, it was about 200 feet, I'm guessing it was. And it should be extended from where it was up in the corner by the parking lot as it went south. I would like it to go even farther down that site plan where the a lot more bushes and trees were, which would block all view and all nuisance from me looking over that direction and seeing this big eyesore, which I refer to it as. Um, And first and foremost, um I would like to have that buffer zone and that u um burm started and completed before they started doing any bulldozing. Um my brother-in-law referred to the dust. There's going to be a lot more dust from the expanded onelane road to a two-lane road. If it's going to be a gravel driveway, a gravel parking lot, then um back in 2018, the planning and zoning commission recommended that it be sixinch rock. Uh I hope it would be clean 6-in rock. Um it's not that anymore because it's been traveled on and and and compacted and it's dusty. And if it's not um that 6-in rock, I would really really like to have it all paved. That was also a possibility, I think, back back then. Um, so, um, I would really, uh, request, you know, these things to be reviewed and, um, I

appreciate your time and listening to this and, um, we don't need a second big party cove over there because they already have one. Thank you. Thank you, sir. Yes, sir. You're next. Okay. You solemnly swear or affirm that you'll tell the truth, the whole truth. Tell the truth, the whole truth, nothing but the truth. These proceedings are the pains and penalties of perjury. Yes, I do. Please state your name for the record.

My name is Mike Wadawa and my address is 388 Holden Road. Go ahead, sir.

Yes. So, I live close to the winery. Fortunately, not that close because uh you know, I'm up the hill from them. And then most of the time I can't even see the winery because there's trees. Uh today, because the leaves are off the trees and things, you know, I can look down and see the building, which, you know, no big deal with that. Uh events. Before I came to the meeting tonight, I was curious what events they're going to have in that particular thing. And they answered it, I guess, by saying the same ones, type ones that they have now. I am curious though about the fireworks. Um, they mentioned that before, weddings, we have some fireworks, you know, at 9:00. But this past year, uh, in the springtime, every Friday, they would have an event openhouse thing, and at 9:00 we had fireworks every Friday night. Um, I don't know if that was included in the event schedules, you know. Uh, actually, I brought a schedule here. These are all the events that they have at Boone, uh, at the winery there at Defiance Ridge Winery. So, there's quite a few different types of events. There's different types of dinners and things. Um, and as they mentioned before, when they have dinners and music and things like that, we can hear that. and we live at least a half mile away up the hill. Uh so we hear that and you know and we're bothered by that. Uh but one once again fortunately we don't live that close that you know it's that loud or blaring or things like that. Um a couple of other things I'd like to address. Um the parking lot. Someone asked about the parking lot. their parking lot now is scattered around the different buildings and it's just kind of gravel rock and you pull in there's no uh there's no uh lines or anything like that. I don't think there's even curb markers, you know, where you pull up to a curb or stuff like that. So, I

was kind of curious. The new parking lot looks like something out of u you know uh Walmart or something of that nature. uh you know, it's all lined out and things like that and um totally doesn't go with agriculture in our area. Uh if it's zoned that, you know, we're going to build a big commercial parking lot out there or something of that nature. Um I'm curious about that. One of the things that really troubles me are the lights. Right now, there are no light poles or standards at the winery, as far as I know. Now, I could be proven wrong in that, but uh you walk out to your car or whatever. If it's dark, you walk out, you get in your car, and so on. If they build the new parking lot and they put up the big light standards, I'm going to see that from my house, and I don't want to see that. The view is outstanding. And that's going to be something that is going to ruin the whole atmosphere of the neighborhood. all the people that live within that area are going to go are going to see those lights and um you know I don't know if they mentioned are they going to turn them on every event or they're going to turn them on 24/7. I'd like to know some of those things. You know what do they care about the people that live around them and what's what this is going to do to our particular lifestyles and things like that. So lighting, noise, those are a couple of my concerns or factors. So, uh, I've lived there for 40 years. So, when I moved there, it was a a farm and people lived there. And then it became a, uh, a nursery, which fit in real good. I think that's when they gave the permit for the restaurant. I still remember the meeting when they asked, "We'd like to serve a few glasses of wine." Uh, and then that kept the ball rolling, I guess, until we have Defiance Ridge, the winery nowadays. So, um, I

don't like it. We don't like it. Uh our neighbors, you know, it's okay. You know, we can live with it, but what's going on now, but we don't really need to expand it and put a parking lot and a new building and things like that there. It is disturbing to us. Okay. Thank you, sir. Anyone else wishing to speak regarding CU25-10? Do you solemnly swear or affirm as you'll tell the truth, the whole truth, and nothing but the truth in these proceedings and the pains and penalties of perjury? I do. Please state your name and address for the record.

My name is Renee Rena. I live at 85 Holden Road, Defiance, Missouri. Um, our house is the house that's 400 ft from the proposed event center. Um, per the PNZ staff recommendation analysis dated 1210 of 25, the nearest homes are approximately 400 feet and 600 ft from the proposed building. And this proximity raises potential land use impacts. It does impact us. My husband and I own both houses, 400 feet and 600 feet. So, we will be affected because right now with the old restaurant and amendment that was approved, the cup was approved in 2018, our house on the map shows a thousand feet away from the wineries reception and restaurant. And we can hear music, we can hear loud noises, we can hear the cars, we have dust. Um, so we are very concerned. The light fixtures per the PNZ analysis for the parking, they're supposed to meet dark sky standards. And we're also asking that the lighting is oriented away from our property line and is noninvasive to our homes. We already said there's going to be more dust unless it's paved. And correct me if I'm wrong, but I thought the ordinance was ma'am ma'am,

it's supposed to be speak to us.

I'm sorry. Supposed to be paved and if it's not paved, then it can be that 6in base clean rock, which it doesn't appear to be. So that would be a big question. You know, who enforces that? Of course, there'll be more vehicle noise, car lights directed towards our property. Um, and parking on the new 160 space lot, as they mentioned, with permanent light fixtures. When are those lights going to be on? When are they going to be off? The current old cup 17-14, which was approved in 2018, has all the outdoor event gathering taking place a minimum of 200 f feet from all property lines. The corner of the new car lot, if you looked at that picture, I don't know if you can put it back up there again or not, appears to be less than 40 feet from our property line in the corner, the upper edge of the parking lot. The guests will likely talk and gather after the events when they leave the event center. So, we are requesting the lot to be moved further southwest. I have an apiary right in that corner of our property next to the planned 160 space car lot. I have had my beehives in this corner of our property for the last four or five years. I would suggest that the applicant move the car lot a minimum of 400 to 600 ft southwest for the safety of your guests. A 6- foot high fence at the property line will prevent trespassers trespassers from walking to or into our apiary, but obviously it will not keep the bees from flying over the fence. A severe reaction to a bee sting is potentially

life-threatening and requires emergency treatment. I just would like to ask um they also have a Mammoth March Missouri event. They've had it for several years. And on September 7th of this year, um there was a very loud PA announcer that started before 7, woke me up at 6:45 and lasted all day into the evening. The approved start times for outdoor events is 11:00 a.m. So my question is, did Defiance Ridge have a special permit to begin at 7 before the approved 11:00 a.m. start time for outside events? And the start and finish the the start line and the finish line of this 20-mi walk um appeared to be less than or very close to the required 200 f feet from our property line. So, is the applicant allowed to change the start and end times as they like or did they have a special permit for this event? Because it's happened for the last several years. If you Google it, it's already listed for 26 at Defiance Ridge Vineyard is my understanding. And I'm pretty sure it's already stated at 7 a.m. beginning time, start time. So, I don't know if PNZ can comment on that. So, we've already mentioned the noise, the dust, the lights from large number of vehicles and amplified music will diminish our enjoyment and will directly affect our property values. Highway safety should be a concern of everyone with people drinking and the increased traffic on 94. 94 is just a two-lane highway. As you know, this is opposite of what the conditional use permit criteria states within the United Development Ordinance. The 42

acre property 2711 South Highway 94 was a family farm when our family bought our property in 1993. We are not in favor of having this new event center or a new 160 space lighted parking lot. We are zoned agricultural and so is defiance ridge vineyard. This proposal is transitional is a transitional change to our property. Thank you very much. Thank you ma'am.

Anyone else wishing to speak? You solemnly swear or affirm that you will tell the truth, the whole truth, and nothing but the truth in these proceedings from the pains and penalties of perjury. I do. Please state your name and address for the record.

Thank you. Uh my name is Evelyn Sims. Um my address is 1401 South Brentwood Boulevard, uh sweet 875 St. Louis, Missouri 63144. Uh I am an attorney. I represent the interests of Paul and Renee Rena who live at 85 Holden Road. Um I hope that the uh commission will take the opportunity to uh review the letters that were submitted in opposition to this cup before voting. Um much I think of what is covered tonight um is is ident is also discussed uh in those letters. Um, I think it's important to um spend some time and recalling the the the 2018 cup when that uh when that cup was approved and the the request was to allow weddings and other private events um that would then be held at the the patio to the adjoining restaurant in the restaurant. Um key I think to approving that cup was that they did not have any additional improvements proposed at that time. Uh and the nearest home was a,000 ft from that restaurant. Um my understanding of that cup is that it was approved in large part because it was not appro uh proposing additional buildings and structures or paved areas. Now, we have uh this request to amend that cup um that desires to add a 6,800 square foot indoor event center with a 2400 square foot deck plus a lighted parking lot for 160 vehicles. Um the new event space is now uh 400 ft approximately from our client's house and parking lot, excuse

[clears throat] me, is even closer. Um there is also a proposed gravel road that will be widened substantially and that runs along our client's property line uh and and which is also not only their property line but near their actual home uh which is causing grave concern. Um we believe this is a significant uh departure from the factors that led to allowing the 2018 cup to approving it. uh and it does interfere substantially with their enjoyment of the property. Uh our clients neighbored uh currently neighbor greenery and now if this is approved um they they would be neighboring a lighted parking lot in large events space with a large deck. Um they are as as you have heard that they have significant concerns regarding noise and and pollution associated with the new build uh uh and the parking lot in addition to the additional traffic that would be brought by the expanded road. U we believe that this goes way beyond um the applicant's use and representations and findings for why the 2018 cup was granted. um they are not in favor of of this cup as they believe uh that it will significantly diminish uh their use and enjoyment of the property. Uh if the cup uh amendment is to go forward uh they are requesting that um the cup have they have additional requests and amendments uh for that to [clears throat] be granted. Um to recap, some of them were mentioned. Um they are requesting that the uh event center um move further south west into the property and away from our client's home. Um they would request that a a type three landscape buffer and not a type two be used. Um

and to extend that sight proof fence which uh from the length of the Holden Road to the electric pole heading south towards 94. Um, you're already calling for a site, the recommendation is to already be providing a sight proof fence. We're asking that it be extended. Um, and then a type two buffer zone is 15 ft versus 20. So again, to try to screen out the noise and the um and the pollution. Um, they would request that they ensure that the parking lot lighting is

oriented away from the property and noninvasive and does not shine into the home. uh and then ensure that the lights would be turned off when not uh when not operating. Um they would request that there was possible to reorient the road so it's not driving along their property line and shining into their house. Um and that the the parking lot be either paved or 6-in gravel that uh uses dustfree rock. Um if so if the we they are not in favor of the cup but if it does go forward we would uh sincerely request that you consider those amendments. Thank you. Thank you. Okay. Anyone? Anyone else wishing to speak regarding CUP25-10 with any information other than lights, noise, dust on gravel? Seeing no one, we'll close the uh public hearing for uh CUP25-10. Ask the applicant to come back. Okay. Any questions for the applicant?

I have a question for staff. Robert, could you real briefly for the the folks out here explain the difference between a type two and a type three landscape buffer? Well, a type two landscape buffer includes vegetation but no screen fence. A type three uh landscape buffer is deeper and with vegetation and it also includes a fence as well. Uh visual screen fence and typically like the type three landscape buffers are approved along industrial properties along the edge of industrial properties or commercial properties sometimes. Thank you. Any other question?

Yeah. I was just wondering um do you have any objections to any of the suggested um amendments or adjustments conditions that they had suggested? I would have to confer with my client on those um is the short answer to that. But in terms of the conditions suggested by staff, we have no objection to those. I've got a question to in the past have we included some recommendations around or restrictions around fireworks

that yes um firework displays in general um have to be permitted by the uh building and code enforcement division. Um so anytime someone wants to have um you know numerous wineries out in that area regularly um apply for permits um for firework displays. So it would have to be each time,

right? Yeah. There was a conditional use permit on Highway F near um the the Boone home where they were holding special events and that conditional use permit specifically had a condition having to do with fireworks displays. But like uh like Jared said, each fireworks display is supposed to get a permit from building code enforcement division from the of the county. Now, do we define any difference between a quote display versus uh fireworks just celebrating a wedding? Are those one and the same versus Fourth of July and uh wedding reception? I mean, the the ordinance um obviously allows a little bit of flexibility around the 4th of July and I believe New Year's Eve. Um but there's only specific locations and types of businesses, I guess, if you will, that are permitted to do firework displays under those permits.

I got a few questions for staff here. Um would this uh CUP does this follow all the ordinance if this was coming before us as a zoning change? It wouldn't be grand. How do you how do you mean I'm not sure I understand. Instead of doing a conditional use permit, if they were getting the proper zoning for a winery, does this follow all the ordinances for a winery? Proper zoning. Well, winer is a conditional use permit. It wouldn't require a zoning change. Okay. So, there's no zoning for a winery. Is there?

It's a It's a conditional use of the agricultural district. I think he's asking I'm talking if they were coming before us to do a zoning change to have this thing properly zoned versus a conditional use. Does this follow all zoning for what a winery would be? If if it were under a permissive use in a different type of zoning. Yeah, we don't there's not any other zones I'm aware of that allows a winery. There's commercial zoning districts that allow events and event centers. Um, but there's I don't think there's any other districts I can think allows wineries because the definition of winery specifically requires 5 acres of grapes.

Okay. Would would this be considered C2 C1 if for an event center then for an event center? I think C2. Yeah. Okay. Does this follow C2 zoning? This conditional use permit. Does it follow C2 zoning? the I mean there there's there's the rule the rules. Yeah. The rule if it were zone C2 and they were trying to build an event center, are they following the same rules they would have had to follow if they were zone C2?

Yes. If I understand Yeah. If I understand your question correctly, yes. Those are dictated by the site plan requirements, not specifically the U specific zoning district. Okay. All right. And yeah. And then um for a 6200 square foot event center, what would occupancy be for that?

That's calculated um during the permitting process by our building and code enforcement staff. Um but there's some kind of formula based on the building codes that they use to determine that number. Well, the way I understand it is that if there's no sprinklers in order to not have sprinkler a building, um, they can't have more than 200 guests at a time and they can't have a dedicated kitchen and or dedicated bar. It has to be catered. So, if they have a kitchen, dedicated kitchen or bar um then yes, they could have more than 200 people, but it also have to be sprinklered. Now, when you get into rural area areas, sprinklers are going to require typically public water supply. So, the the applicant can answer if there's a public water supply here or not.

Does this building have sprinklers? They'll have to address that at the time of the building [clears throat] permit. Okay. And is there also for a 6800 foot building, is there a certain amount of parking that's required? Um, yes. It's based on the floor space and um I'm sorry I can't tell you the number right off the top of my head, but yes. Yeah. Okay. reverse, I should say, reversely. Yeah. 160 vehicle parking lot, would that dictate how many people you could have at your center?

Well, yes. But typically the parking follows the the occupancy. So if someone wants to occupy more, then have to build more parking and etc. Yeah. If you have 160 spots and just say four people a car, that's 640 people. But what they have now versus what they have now, facilities they have now plus this. Yeah. Fill up. We we evaluate the parking minimums in the site plan process. It's also very possible the applicant could speak to this more than we can that they're providing more than what's required by our ordinance.

All right. There's u many comments on noise. I'm assuming the county has no noise nose noise ordinance along with the light. Yes. So

the the the parking lot lights, they can't exceed the property line. I would assume the county's noise requirements are very specific to certain categories of noise. One is for motor vehicles in section 210 of the county code. And then there's also public address systems. And so those are those specific types of noise do have limits. Now other types of noise, it may be a separate thing called a peace disturbance. Um it's just like if if one neighbor is too loud and the police come over and they tell them to quiet it down. I think that's typically just a a piece disturbance. So our our specific noise ordinances which have decibel limits for instance are for a public address system or for motor vehicle noise or amplified sound.

Okay. So if they're using amplified Yeah. that would that would fall under the noise or if there's uh yes if there's amplified sound then uh the way I understand it it probably falls under that section 210. Right. Okay. Is there a certain requirement for a light standard height? Yeah. Yes.

Maximum of 20 ft. They technically the light fixture can be in uh installed no more than 20 ft above the ground. We do have maximum foot kennel requirements no more than half a foot kennel as measured at the property line. Also, light fixtures have to be oriented away from uh property lines. Technically, you're not supposed to be able to see the bulb from elsewhere, but what we're suggesting here is to go beyond that to a international dark sky approved light fixtures so that light won't be directed upward into the sky and then change the horizon for people. That's what we're proposing.

Okay. All right. That's it. Robert, can I clarify something that you had said? It sounded like you were saying that if the occupancy load for this particular building or for the I don't know if it's just the building or for the site in general was over 200 people that they would have to have fire sprinklers. And in order to have fire sprinklers, they would have to be on public water. Is that correct? Basically, I mean, most time fire sprinklers in rural areas are on public water. There is a way that you can do it without public water supply, but I I don't know all the ins and outs of that. I don't know if that's like a a tower, if that's a pump system. I can't remember how that works exactly, but I know it's more complicated if you want to do it without a public water supply that's under pressure.

Is this property on a public with public water district number two? Is it on a well? I believe it's on public water supply, but I haven't looked at that for this purposes. Um, in terms of the sprinkler system and the zoning context, are you planning to sprinkler this? Does this building have sprinklers in the in the plan that you have? Again, I I haven't seen the actual building plans. I'm just from the zoning review, but with respect to those issues, that would still be addressed at the building permit stage, and we'd have to comply. It says public water is what they're served by.

So, we don't we don't really know how big this building is, how many people we're going to be serving, how much more traffic we're going to be seeing, like all of that stuff that seems like it would be relevant. We don't have any of that information. Well, the building itself is combined 4600 square foot. So, the actual uh portion for the the reception hall, if you call it, is not the entire section of the building. Right. So, there's the on the one end there's three levels of the building that includes storage and then um a call it a kitchen area where where you can have uh storage for food and bringing food in and out. Um, and then there's also areas in the other in that same section where there's uh grooms uh groomsman's quarters and bridesmaid's quarters and along with that. So in terms of the actual reception hall, it's not as if the entire 4600 foot is dedicated to that express uh area.

Would you expect that considering that it's a larger area and you're going to have more people, would you expect that the decibel level of sound to the neighbors would be the same, less? More? Well, so I so with this, it's all contained with inside. So in terms of comparing it to the current outdoor area where that's located to these inside to this inside area where it's located, I couldn't give a yes or no answer, but I do know that from that respect. Right now it's outside. This proposal is for inside indoor venue. So are you going to be moving the things that are currently outside into the inside or are we just going to have both now inside [clears throat] and outside?

They'll be both operations. Okay. So, there's not really any way that the decibel level would decrease then since you're still going to have [clears throat] the same outside levels and then plus the inside levels as well. Presuming that there would be two events potentially, but I I I can't speculate as to how what the decibel levels will be. Will this building be aironditioned? I believe so. Yes. There's mechan there's a mechanical room as well. That's part of the the square footage area. There are 180 parking spaces. I don't know if that helps you determine number of people if you have two per car but well I will that parking serves the entire area so it's not like that parking is strictly dedicated for this new proposal

that is new parking space yes part of the new parking lot that's all that's new Mr. Chairman. Yes. I would like to make a motion that we table this and they bring it back after we have more information and that we can get a better idea of what's really happening and you can present it to the center. I second that.

I I'd add to it. You need to have the applicant here if you want to have any chance of getting this passed. Motion's been made uh to continue application 25-10. Uh motion's been made and seconded. Uh we'll ask the our secretary to call the Well, no, I've got the role here. I'll call the role here. I'm playing I'm [laughter] Yeah. Uh Mr. Shell, yes. Uh Miss Bar, yes. Uh Mr. Baker, yes. Mr. Quinn, yes. Uh Miss Kersner, yes. Mr. Neem Miller, yes.

And I vote yes. So application uh CUP 2510 uh has been uh continued table to the January meeting. Hey, Roger. Yes, sir. Is is I'd like to make I I suspect that most people here are for item E. Is there any way we can move that up on the agenda so they're not here till midnight? For which one? Item E. Um, why? I don't care. We can. Is that Is that why everyone's here? I the country club road.

I'd like to make a motion if we'd move that up on the agenda so we can um let's see. Let me get uh where am I at here? uh 2513. Okay. Okay. Motion's been made to amend our agenda and uh consider RZ 2513. Uh next, um is there a second to the motion? Second. Motion made and seconded to uh amend the agenda and consider RZ 2513 at this time. Uh Mr. Michelle, how do you vote? No.

Uh, needs a no. Uh, Miss Bar, yes. Votes. Yes. Mr. Neem Miller. Yes. Uh, Mr. Baker, yes. Miss Kchner, yes. Uh, Mr. Quinn, yes.

Okay. We will consider uh now application RZ25-13. Uh, property owner is a uh ACLJ Aaron Piper. Applicant is ACLJ Aaron Piper. Current zoning is R1E single family residential district. Proposed zoning is C2 general commercial district. The reszoned area is 341 acres. The location is uh 2054 Country Club Road located 950 ft east of the intersection of Muggi Road and Country Club Road on the south side of Country Club Country Club Road adjacent to the city of St. Charles. This is located in Council District 5 staff.

This resoning request was made by the current property owner ACLJ LLC represented by Mr. Aaron Piper. The property is currently zoned R1E single family residential district. This request would resone approximately 3.41 acres to the C2 general commercial district. The subject property consists of two parcels. One parcel has a residence that was constructed in 1965. The second parcel has the church building constructed in 1991 and the gymnasium which was constructed in 2023. This property is located in a lowdensity residential area of the county. This church was allowed to develop here as the unified development ordinance considers churches to be permissive in most of the county zoning districts. Uses that are permitted as accessory uses to churches are varied and can include administrative offices, classrooms, meeting halls for events, caretaker homes, gymnasiums, and outdoor sports. When the property was purchased by a private company in November of 2025, it was no longer operating as a church and is in the process of converting the building to a commercial business. This resoning is the first step of that process. As such, it would no longer qualify for land use permissions associated with the church. The proposed use as a private membership gym is allowed in the C2 general commercial zoning district and in the industrial zoning districts I1 and I2. When a resoning request is made, staff must review the master plan, the current development in the area, and the surrounding development trends. For a commercial resoning, staff looks at several items. Staff looks at the at every permissive use and every conditional use, not just the proposed use of the property. Staff also looks at

the potential land use impacts of the permissive and conditional uses, the commercial viability and the 2030 master plan. Staff first looks at the permissive uses and the conditional uses allowed in C2. The C2 zoning district is our most intensive commercial district in the county. This district would allow uses such as offices, banks, personal services, kennels, convenience stores, restaurants, retail stores, temporary fireworks stands, automobile service stations, general contracting services, halfway houses, medical marijuana dispensaries, motel, nightclubs, and supermarkets. These these land uses have the potential to generate significant land use impacts to the surrounding properties. These issues include traffic, light pollution, storm water runoff, noise, trash, and odors. While many of these impacts can be addressed by the county's development standards, the relatively narrow and deep lot configuration could introduce these impacts further back into the block and to the bordering properties uh rear yards. Next, staff would look at the commercial viability of the proposed resoning. For a commercial reszoning to allow for a successful commercial development, it would generally require a location with good visibility, good customer accessibility, a location that is a destination or is along an existing hightraic corridor, and retail development relies on buying power within a defined trade area, reasonable travel time for customers, and significant traffic counts. This usually dictates the location of commercial properties at intersections of arterial or collector streets or on highways. The subject property technically has 200 ft of frontage along Country Club Road, but the shape of the parcel and the existing existing development on that parcel only allows for a 40ft visibility gap between the existing buildings.

The property is located midblock on Country Club Road. The mailings for this property exceeded 250 mailings for the for the surrounding homes within 1,000 ft of the property. This shows the density of the residential development around the subject property. The nearest commercial use is approximately 1 mile away and adjacent to Highway 70. Given this information, the property would have a good customer base, but would meet none of the other factors for a successful commercial resoning. Staff would next look at the 2030 master plan. The future land use map for this area does recommend lowdensity residential land uses or 1 to four homes per acre for the subject property on the surrounding and the surrounding properties. The master plan does note that neighborhood business centers are not specifically designated on the land use plan. However, they can be located within the lowdensity res residential land use areas to meet the convenience shopping needs of a neighborhood. The plan does however lay out locationational criteria for these centers. It includes a criteria that it should front on either an arterial street and a collector street or two collector streets. This proposed resoning would instead be located midblock on one collector street. Based on the review of this factor, staff feels it does not meet the 2030 master plan. In conclusion, staff would note that if the property could be limited to the proposed use as a private membership gym, then the impact of this land use would essentially be the same as it is currently. However, resonings cannot legally be limited or conditioned. When considering the range of permissive uses in the proposed C2 zoning district and the potential land use impacts within a residential block, the requested resoning has the potential to introduce significant negative land use impacts. Additionally, the specific location does not have the factors necessary for a

viable for for viable business uses considering the commercial real estate factors. Um, and staff has received 37 letters of opposition to this resoning request. Upon the analysis provided, staff recommends that the planning and zoning commission deny the requested resoning application. Any questions for staff? Hearing none, we'll ask the applicant to come forward.

Do a few things for the board. If you can I hand them out now? Yep. Pass them on. Yeah. Thank you.

[clears throat] You solemnly swear you'll tell the truth, the whole truth, nothing but the truth in these proceedings for the pains and penalties of perjury. I do. Please state your name and address for the record. Uh Aaron Piper, 454 Charlemagne Drive in Lake St. Louis, Missouri. Go ahead, sir.

Um well, uh good evening, board. uh thanks for the opportunity to uh to talk a little bit about our vision for Country Club Road and hopefully clear up a few of the the issues and and try to move forward here. Um obviously, uh like I said, my name is Aaron Piper. My wife and I have lived here for 23 years. We have two young young boys, uh 15 and 13. We've grown up in the in the county. Um, we've noticed over the course of the last five years, maybe 10 years, that the diminished uh quality as far as indoor activities or indoor sports has has basically decreased significantly. You know, one either they're closing or two, they're restructuring to other sports, other, you know, hobbies. Pickle ball obviously is a very popular one at this point. Uh, not a lot of kids, younger kids necessarily have that drive to do that. um as far as um as far as um sports in in general and and this is our passion for my family. We love any kind of sports and activities. Um trying to keep the kids off of electronics is our one main passion. Um we know that sports or activities or exercises you know show a huge improvement not only in physical development but mental development, social skills, how we interact and it gives us a great foundation for basically our long term and our adult life. Um, so when we when we look at these factors, you know, that's [snorts] part of the reason why we're so passionate about trying to, you know, have this have this plan work for us. Um, if you ask any kid, their dream obviously is to go pro. When you ask a parent that has a kid in sports, their passion is that they develop a strong foundation to become a better person in

the community, you know, and and that leads into a better physical a better mental approach. And ultimately, if that keeps them off the screen and it gets us into a situation where a lot of those negative side effects with screens that we're starting to see more and more because we can't help it. I mean, unfortunately, it's a nature of where we're at today is that kids are in in screens in in schools, they come home. A lot of times parents, that's what they throw at them. We want another option. We want something else for our kids. When I met Sean Singleton, who is owner of uh Team Unleashed, we met him about four years ago. He was uh he was a trainer for our kids. Immediately we knew that the passion that he had not only for basketball, but he had a passion for kids. We were very trusted that you know that we found the person that would be another added part for our kids' benefit. So, like most trainers, he's bounced around trying to find gym trace, trying to find places that are not only not only nice quality places, but safe places in an area of need. That's where he finally came across um True Success Church where he started renting from them in 2025 in May. Um that's where he was currently at. when that opportunity arose to sell he was selling the property to the owner of True Success. There was a lot of things we didn't know when we purchased it, but um but he came to me. We said, "Hey, you know what? This is a great place for you to set roots. This is a great place. This is my community. This is my uh county that I've lived in for 23 years. Let's let's go ahead and move forward with this plan." Um, and we wanted to just be a nice successful branch of the

community. Um, and we knew it was in a residential area. Um, we thought we would be able to work around and and get it to where we're only limiting the use. And I don't know exactly now after talking to and hearing hearing a lot of it is how do we go about doing that to where we're only basketball because we are strictly not wanting anything else. We only want it for training and team activities and that is it. We're not trying to pull a fast one like some maybe organizations. Unfortunately, we can't help what the past owners or organizations did with this land. Um, but the only thing we can do is move forward and hope that we can have the community trust us to to basically do the right thing for our kids. And that's ultimately what Sean and I's goal is. um to address a few of the concerns that we've we did notice on emails. Um you know, due to the building size, um we're not changing anything. We're not changing the size of we're not changing, you know, um the nature of the gym. It's very limited in size. We're not going to be having major tournaments. We're not going to be having major, you know, spectator sport, you know, events at this facility. It is mainly for training and team training. so that the traffic flow will be to a minimum. It currently is operating or was operating um like that prior to our purchase. Um and um the other thing, you know, as far as some of the behavior that is going on or had gone on, we are planning on making sure every area of that place is is with cameras. It'll be fully monitored. If we see any kind of behavior that is is poor behavior, that person or that individual, that team will no longer be allowed to be on our property. That is just the rules. There's plenty of people out there seeking gym space that truly

are doing it for the right reasons, and that is for the kids. Um, as far as as far as uh some of the um concerns, which is noise, noise was one of the concerns. These are all going to be indoor activities. Whatever happened in the past, I don't know if there was extra ex extra or outside activities, but there's not going to be any exter outdoor activities for this um for this property. Um we don't plan on doing any kind of changes as far as exterior lighting, any kind of signage without approval. Um that would, you know, deter from any of the neighborhood. And um so we're hopeful that we blend into the neighborhood where we're down the hill. Nobody really knows that we're even there other than the fact that hey there's a gym there. Um, as far as as far as some of the plans, we've noticed in the past that, you know, the community obviously does understand that mental health and physical health is a priority for our kids in this county um in this city and we're hoping to have one little blip to help out that facility or help out that cause with the county as well. Um, in closing, like I said, we are not trying to rebuild anything. It's already there. Alls we're trying to do is make it a better place and make it something that is going to be a proud addition to the community and we we would welcome any neighbor to come in and see what we're all about. Um because we are going to be proud of of what we produce. Thank you very much.

Any questions for the applicant? Yes, sir.

Yeah. I guess this is probably more of a comment. You mentioned you can't you can't help what past owners have done. Whereas I look at this, we can't help what future owners are going to do. So if we reszone this and see too from now, it's no longer a gymnasium. It could be a bank. And just looking at this area of the what's surrounded by residential, that's not a good use of this property. The Is there any way they can do it under a conditional use permit instead of a reszoning? I mean, we're fine with I mean, we have in our in our packet there a a framework and that's on page 13 of the CUP that that is very strict. And I mean, we don't like I said, we're not looking for it to be a bank. We don't want it to be dispensable.

You're not, but 50 years from now, we understand. We can't unzone it. you and we we would be open to suggestions to to alter the the zoning privileges because like I said we have no intentions now or future of doing that. Yeah. I is the residential zoning district doesn't have that kind of so there is no option to to do a conditional use permit under this not under its current zoning. Could it be zoned as something else that would still require a cup for this as opposed to something that would be permissive use? Not that I'm aware of.

But when we you use the word church, uh churches are nonprofits. What what's our definition? Yeah, this is nonprofit. Is a nonprofit team unleashes nonprofit. So sorry, religious institutions are specifically what are called out. Okay. So we don't uh distinguish between so religious institution versus a non a nonprofit like Boys and Girls Club, right? Okay. Yeah, it's a I think it's called a place of worship is what what it's technically called in the code. Any other questions for the

So a Boys and Girls Club would have to be under C2. Yeah, it says here if it's zoned the way it is, private clubs on site not less than 2 acres.

Okay. Thank you, sir. Uh, we'll now open the public hearing for RZ25-13. Oh, sorry. Oh, sorry. I was waiting. Am I allowed to come up now? Yeah. Okay.

Go ahead. Hang on. Uh and uh we have probably numerous speakers remind you about uh after we've heard traffic and property values a couple times. Don't be repetitive. Uh and um you limited to three minutes. So um you um solemnly swear or affirm that you'll tell the truth, the whole truth, and nothing but the truth in these proceedings from the pains and penalties of perjury. I do. Please state your name and address for the record. Sean Singleton, uh, 1097 Prince Albert Court. Go ahead, sir.

Thank you. Uh, as the founder of Team Unleashed Athletics, um, I have maybe countless students over a hundred who I've helped get scholarships. Uh, people see my business as a place of refuge for mental health. Um, even their bodies. I've I've helped students with diagnosis where they come in and parents are like, you know, I see something with their training. Um, and I'm like, that that needs to be addressed. You may need to talk to your doctor about doing that. Um, so in a lot of programs that just in general, I think youth sports is becoming a very thorn in my side because everything's about money. Uh, everything's about getting everything first and I'm sure you guys have kids. Um, so a lot of people don't operate from the premise that I'm operating under. Uh, which is essentially students development comes first. All the winning and all the accolades come second. Um, and that philosophy has built me not even successfully as a as a coach. Like my my thing is are the students getting better. Are they getting to their goals? Are they accomplishing what they want to accomplish? Um, and so what we're doing with this property, again, as the person who'd be there dayto-day running it, um, Aaron already outlined the CU framework for you guys up there, um, we're willing to modify that or do whatever we need to do, but as you know, we can't do that under the current code because it's too large. So that's why we're here requesting the C2. Um, I'm 29 and 50 years, I don't plan on dying, but I can modify my operation, my operating agreement as a nonprofit to make sure the secession plan for that would protect against whatever bank or whoever wants to come in. you can't sell it to my estate. Wouldn't be able to sell it unless it's to another operator who's going to run it the same way I'm running it. And that could be put me at at a leverage. Um I'm all invested into this property. Again, I'm 29, so we spent quite a lot of money on this building. So, my future is pretty much in this building. Um I've been, you know, in relationship with the previous owner, not necessarily close, but what I we were told coming in, which why went to Aaron was a lot different than what we found out once we closed. Um obviously with the emails and everything coming out. So, uh, the my request necessarily for this is not to think about future use because future use is is the same way. You can't protect the past, you can't protect the future, but you're looking at the future right now. I'm 29. Um, again, the students that come to me want to be here. I have a student in the

hospital right now. I check on her every day, but when she comes in, she feels relief. Uh, I have a student who I've got getting scholarships. When she comes in, it's the place where she feels like she's getting, you know, what she needs out of life. We talk about a lot of things during school. We talked about a lot of stuff that we talked about. Uh you have the CCB, the community and children's resource board. You guys know that mental health is a problem. You guys have admitted, not you necessarily, but the board as far as the resource board and communities and childrens have admitted you're understaffed in your schools. Schools don't have the gym space to help host these students and give them the resources that they need. They want to do feeder teams, but then the parents of those people are now in my inbox and on my phone asking me, "What can you do differently to help them actually get better?" Because when they get to high school, there's nothing for them. So, I really don't think that being shortsighted um and thinking about the future use of saying, "Well, it could be, it could be, it could be." Our students need help today. So, if if a reszoning permit of a C2 and you're like, "Okay, if you reszone the C2, here's a CUP." It's going to be strict. I don't I don't care what you tell me to do. I'm the heart for children is not going to go away. And so at the end of the day, my desire to develop this space into what we're presenting today to be a youth development space where teams can rent and we can use and actually host leagues and things that actually produce uh what I consider basketball to be a tool produce athletes that will not only bring St. Charles County on the map as far as hey, you guys can produce athletes, but then also from the standpoint of as a as a professional, um I'm held to a governing body, the U I'm a USA basketball certified trainer. I have standards I have to meet in order to keep that certification. That's my program. That's how we run. uh have safe sports certification. I have to hold these programs to a standard otherwise we can't run. That includes drug use, body use, grade use and all those things in between. So I understand that you know reasoning for the future can be scary because the future is scary but having kids where we've admittedly knowing as of 2023 that 81% of students struggle with anxiety don't have a place to go and we're going to continue to reduce the landscape of what is allowed to do because we think technology is the future or whatever we want to put and say go somewhere else. Well, St. Charles

County is losing land to commercial buildings, to dispensaries, cars, residential lots, homes. The homes are growing. There's got to be a place for these kids to go. So, I understand present values may be a threat, but our kids not having a place to go, your grandkids not having a place to go, where a t person who's saying, "Hey, I care about you developing as a person more than I do the money coming into the facility for training or whatever." Has to matter more than saying, "Well, it could be a bank in the future. Could be a gas station. It It's not. I'm 29. I take care of my body. I have memberships at every stretch you place chiropractic care. My body hurts. Even today, I'm still stretching and doing everything I got to do to make sure that I can last. My kids can last. I have five children at home. So, I understand like they're all under nine and under. So, like I have no plans to stop what I'm doing. Um, if you guys do deny this, we try to, you know, an alternative course to find somewhere else. But we've already spent the money. I've already invested my money. Got them 29. So, you guys can do the math. I'll be working forever.

Thank you, sir. But thank you. Robert, would it be okay for me to ask him a question as kind of the the property ownerish? Yeah. Yeah. Um, so you mentioned something about this being a nonprofit. Yes. My understanding is that and and correct me if I'm wrong and that's what I'm asking you that nonprofits have certain rules as far as how they can dispose of property. Exactly. That's So if you purchase the property as a nonprofit, there are only certain ways that you can sell it. So, you can't explain to me if I'm wrong here, but is it true that you cannot actually sell that property to anyone else other than another nonprofit?

Exactly. And I and I can't in my operating agreement, I have to state the secession plan. So, my estate would literally be sitting on this property, which is why I brought Aaron in because currently I don't have the resources and capital that he has to help me build the building. So, we were able to buy it. So, that way I have the financial pressure off of me so I can keep my mission and purpose intact with the nonprofit. So, do you own the building or does Aaron own it? So, he owns the building presently. I would be the only and sole tenant of the building because we have an agreement. But Aaron could sell the building to someone else. He can't. We have We have a contract. We can get you a copy of if you need to. We have a contract that he would not sell the building to anyone else. Uh we have So, you're basically saying that legally speaking, if you were to put this here, Yeah.

that the only way that you could sell it to anyone else is if you were to sell it to another nonprofit, like another church or something. You actually cannot sell it to a bank or anything else. Leg legally I can't and any other nonprofit that you were to sell it to would have the same rules. They could not sell. So basically this land would be trapped forever to be in some sort of nonprofit status. It could never be any other commercial. Yes. But I would run it differently than the present nonprofit organization that they And is that anything that's enforceable? Yes, 100%. If I violate the nonprofit agreement, I I could face It sounds like to me that that he holds a right of first refusal. Yes, we do the whole property.

Yeah. The right of first refusal says that if commercial entity comes and is offering to buy, he has to offer to to uh Sean, Mr. Singleton first, and of course, but if he doesn't have the money and can't buy it, then the commercial person could buy it could buy it. So, in order for it to really be trapped in that nonprofit status, you would have to own it as opposed to someone else. We have a fiveyear five-year plan to do. So, you have a like a seller finance kind of a situation. Yeah. So, you are purchasing under like a contract for deed,

right? I like I have the ability to I don't have the capital today, but with we have a 10 is it five to 10 year agreement? Whatever it is, within 10 years, I will be the sole owner of this property. So, can I ask specifically? I'm a real estate professional. Absolutely. So I'm asking you, do you have some sort of an agreement whereby you're going to get a loan from a bank to buy it in 5 years or do you have some sort of an agreement whereby you are making payments to him and he is financing it as the bank and within a certain amount of time you will own it because of those payments or do you need to get another loan from someone else to be able to own it? Yes, I would get a loan. I would get a loan if I need to.

So you aren't buying it via seller finance. you have like an agreement where you're leasing it and then we'll eventually buy it with a loan from someone else. Yes. But if you're not able to ever get that loan from someone else, then he could still sell it to somebody else. Uh it's unlikely, but yes. Okay. I just wanted to clarify. No. Yeah. Yeah. It's highly unlikely, but yes. Okay. Highly. Yeah. I also have a job as a security engineer, so I mean I work at Mastercard, so I mean I capital is not the concern. It's just the timing and the location of the sale. I could not buy it today because of what he was just trying to get rid of it and I'm like, "Hey, I I can't I can't do it today, but Aaron, if you can help me today, I I can buy it back from you." And he obviously worked with

Is there any way you could structure it to where you would in fact be locked in and we could guarantee that it could not be sold to another commercial entity, for example, if he were to sell it to you and the title would in fact be in your name and you were making him payments, for example. Yes, we we're a contract for deed, for example. We're willing to do that if that's what it takes because we don't plan on using this property for anything else other than what it's intended use. I know it's not the zoning but but the only way would be deed restrictions. Yeah. But but so so in that transaction there would be deed restrictions that run with the land. Okay. Um but that has nothing to do with zoning. Sure. I understand.

Yeah. No, it doesn't. But the only impact for nonprofits, we only have, as you stated before, um not only the space, but we can't without the zoning, I can't request a conditional use permit for like there's it's too big. So the space we need to serve the students, we we would we wouldn't be able to do without the permit. Okay. Thank you, sir. Yes, sir. One quick question for him. [clears throat] How long have you been doing what you've been doing? 10 years. No. In this in this building? No. or well renting since May 2025. So before it was turned over. How long have you been running a program for this building? For team unleashed underneath team Oh, in this building. Oh, in this building since May 2025. Okay.

But you were in a different building previously.

Multiple schools. Fort Zumalt District, Veritas Christian Academy, um Renard Rec Center, uh Reclex, anywhere that would have gym space. Um that they currently don't have gym space for their own students. So, ironically, the schools are asking me [clears throat] if we can use our space for gym space. That's that's totally ironic to me. They're asking me to use gym space because they don't have it. So, I mean, it's a need that needs to be here. So, I get the property values. I understand what everybody's saying, but at the end of the day, we got to realize that kids need a place to go. And people like me can't be held up by red tape of, oh, we can't do this because the future doesn't matter because the future use of your kids' health 10 years from now is jail or they're actually successful. And I have a lot of students who credit me with that success who couldn't be here today because of the timing of the event. But I promise you, if you guys rehold an event, rehost it, I can bring Team Unleashs up here and you can hear all the testimonies of students that I've helped by myself. So now I'm asking for a permanent place that I can actually grow and train other people, coaches, students, parents to know how to develop their students, not only using the sport of basketball, but in life. I've been a speaker for 10 years. So I used to speak all over the country over youth development. I wrote in a book that got published, Korea award for mental health sustainability. Like I'm I'm recognized in this space. You can Google my name. You can case me. You will only see a divorce from my ex-wife. I don't do anything below board. I grew up in the city. I used to have a jog four miles to the gym just to use a gym space. So now I finally found one. And the only thing that's hold me up is zoning. And the last thing I hear about complaints is property values. That doesn't make any sense.

Okay. Thank you, sir. Thank you. We got to move on to the public hearing. Okay. We'll get back to the you and the applicant. U Okay. Um, anyone wishing to speak regarding uh reszoning map request uh RZ25-13? Ladies first. [laughter] Hello. Uh, you solemnly swear or affirm as you'll tell the truth, the whole truth, and nothing but the truth in these proceedings under the pains and penalties of perjury. Yes. Please state your name and address for the record. Gina Gable at 26 Williamsburg Court, St. Charles, Missouri 63301. Okay. Go ahead, ma'am.

So, I have property that uh is right up to the back of this church um to the lot. And I know everybody in the room is going to talk about the property values, the noise, all that. So, I'm not going to talk about that. I'm going to talk more about um so I have my masters in health. I'm a coach as well. I understand I actually have to go to get my kids from hockey. So, that's why I jumped up real quick. But them saying that it's for the kids and trying to pull on your heartstrings, that's just what's bothering me. They're saying that it's only going to be a gym, which if you look on Instagram right now, they have videos out saying this is going to be the place to be. It's going to be packed here. They're getting preferred vendor list bounce house groups. They're already marketing rental facilities, indoor and outdoor spaces. So currently where I live, the noise is outrageous when this music is on. Even if they're in there in the gym, I live there. I've been there all summer. I know they say they're not going to smoke the weed, be outside, be loud, but I'm just concerned about it being right in my backyard. And I know lots of other people in this room as well. So, um, the other thing, even a conditional use, it's would just be nerve-wracking because like you said, the future is just uncertain and the sky is the limit once it's reszoned. So, we've already seen this. He sounds kind of like the coach when he was speaking sounds like the guy that owned it before. He wrote a book. He had all these good intentions and we already saw what happened with that. So just worried about the noise levels, the potentials for these party rentals, and whatever else it can be. So thank you very much.

Okay, hold on. Come on up, Jerry. Can you Well, we we can't open the package. No, none of us have been able to open the package. Can Can you put something up? Uh can you maybe put the GIS the the Okay. Okay, you ready? Yes, sir. [clears throat] You slely swear affirm that you'll tell the truth, the whole truth, and nothing but the truth in these proceedings on the pains and penalties of perjury. Yes, sir. Please state your name and address for the record.

My name is John Klene and I live at 10 Misty Hollow Court, St. Charles, in the Greenfield subdivision, which is adjacent to Williamsburg. And uh first off, I'd like to thank everybody for the process here that we have to speak for or against the proposed change within the property there on Country Club Road. And I also like to thank Mr. Baker because I think you offered some great insights this evening. And I also would like to thank staff because they showed a lot of homework that they've already done on this. And uh also I was taken back and pleasantly surprised to hear if the numbers correctly that there's 250 homes within 1,000 ft of this proposed property. And we've lived in uh Greenfield's subdivision uh since April of 1987 when it was first being built and completed. We were the first owners of our uh property at number 10. Um, also, uh, some of the one of the other gentlemen brought up here and again to get to the point the way the books work right now, if it goes to C2, anything could happen after that. And I am not against uh uh athletes for kids between my two boys that are in their 40s now. I coached them in soccer starting at the YMCA and then out at the county program for 12 years with my youngest son from kindergarten through 8th grade twice a year in the spring and the fall. So, I'm all about athletics. And even at one of my high school reunions years ago, I said that's one of the greatest things I did in my life, giving my time to these kids from kindergarten through 8th grade to see them change and get to know the parents and some of the compliments that I would get back from them and then to meet some of those guys now that they're in their 40s. Wow, what wonderful men they've become. So, this is not an issue. This is about property use and zoning and so forth. And I [laughter] don't take anything away from what the gentleman said about his commitment to youth and athletics and how important

that is. That's important for all kids. This is really important part about uh the zoning in our community there. And uh and the other gentleman, I'll say hello to him afterwards. I'd be very happy to invite him to our church and I won't mention the name just to see what our church is doing for the entire family and the communities and so forth. So, uh, in a nutshell, that's it. And I appreciate your time. Thank you, sir. Someone else up. Ladies first. [laughter] Correct. You're in the dugout. I'm in the dugout.

You're on deck. You solemnly swear affirm that you'll tell the truth, the whole truth, and nothing but the truth in these proceedings or in the pains and penalties of perjury. Yes. Please state your name and address for the record.

Thank you. My name is Christine Summer. I live at 6 Williamsburg Court, St. Charles, Missouri, 63303. I currently live in the subdivision adjacent to this property. I have been here at this property for 24 years and have been involved in the community for over 46 years. Um I have submitted a written uh statement that I submitted but apparently you can't have access to it. Um just the things I kind of want to point out just for the record. This property is currently zoned single family residential. All the surrounding properties are zoned uh sorry residential. There is no commercial as the staff said I think within one mile of this property. In addition, the existing zoning pattern the St. Charles County has adopted the master plan in vision 2030 includes the land future use map through 2030. And this map does not designate this area or any nearby property for commercial use or as an activity center. The plan clearly envisions this area remaining residential. Reszoning this partial to commercial would introduce isolated commercial zoning into an established residential area that cons uh that constitutes spot zoning and that would set a precedence for future zoning along Country Club Road or nearby properties. While the master plan allows for flexibility in land use categories, flexibility does not mean inconsistency. Any flexibility must still align with

the overall future master plan, which does not support commercial development in this area. Again, as you've said, resoning also runs with the property. So any and all future, regardless of who the owner is, would be affected by a reszone to C2. There has been no traffic analysis or compatibility study done that I know of. Homeowners in this neighborhood relied on existing uh residential zoning and the county long-term plan when we purchased our homes. For these reasons, I respectfully request that you deny or not recommend this plan.

Thank you. Thank you. Oops. Take my You solemnly swear or affirm that you tell the truth, the whole truth, and nothing but the truth in these proceedings or the pains and penalties of perjury. I do. Please state your name and address for the record.

My name is Dan Beerman. I live at 2001 Corywood Drive in St. Charles, Missouri 63303. And it's the subdivision right across the street. Uh I'm going to read this letter that concisely sums up how everyone in the neighborhood that I've spoken with, which is about every one of them, feels about this matter. Planning and zoning commission. I am writing to formally express my concerns regarding the proposed reszoning of the property located at 2054 Country Club Road from residential to commercial sale or use. This building is completely surrounded by established residential neighborhoods including our home which is located in a very close proximity to the proposed site. Because of how near our house is, our family would be directly and significantly impacted by this change. Increased traffic, which we already see, delivery vehicles, lighting, and ongoing commercial noise, especially during early morning and evening hours, and it would dramatically affect our quality of life. We're a family with two small children, and maintaining a quiet and safe environment is essential to their well-being. Nights are already challenging with the young children and additional noise from commercial activity would make restful sleep even more difficult. The increase in traffic also raises safety concerns for those children who live and play in that neighborhood. We're also concerned because the property has already been hosting weekend events and the impacts are being felt now before any reasonzoning approval. During these events, attendees regularly park within our subdivision, often ignoring posted parking only on

one side restrictions. It's created congestion and at times made it very difficult for residents in that neighborhood to safely enter and exit the subdivision, including emergency access concerns. Additionally, when the church located next door to this property opened, noise levels became so excessive that residents, including our family, were forced to contact the police. This past experience further heightens our concern that expanded commercial use will bring ongoing noise and traffic issues that the surrounding residential area is not equipped to handle. Finally, this resoning would have a serious impact on our property value. I apologize for bringing that up. However, that is an [clears throat] important issue. If this change is approved, we would likely need to begin looking for a new home immediately. Not because we want to move, but because selling our home after the resoning would be far more difficult and financially damaging. This places an unfair burden on families who have invested in this neighborhood with the expectation that it would remain residential. We respectfully ask that you consider the real documented impacts already occurring and the long-term consequences that this resoning would have on surrounding families and neighborhoods. We urge you to reconsider and deny this request and preserve the residential nature of this area. This letter was written by my neighbor, Dr. Rakavan. She couldn't be here tonight and again sums up my neighborhood sentiment. And I don't mean one. I don't mean one or five. I mean all of them. There's 71 houses in the neighborhood. I've probably spoken or the people that I'm dealing with in the neighborhood have

probably spoken to every one of them. No one wants this. And in conclusion, uh I'd like to tell uh let the committee know that this matter has not even been approved or denied, but the owner has already put up a new sign, has already paved a driveway to a new expanded parking lot that he put in there and put an additional entrance off of Country Club and erected three storage sheds. There's also a a limousine bus and a recreational vehicle that are parked there and they're obviously for rent or lease or whatever it is. I see them coming and going. Additionally,

the owner is also conducting weekly basketball events all without a business license because it's not a church anymore. It's you Go ahead. I'm sorry. You're time. Keep [laughter] I'm I'm being timed. You guys Okay. Uh all without a business license. So, it begs the question of what will the owner or Mr. Singleton I I I was still I'm still confused about that whole setup. Uh what they will do if they get approval, will the new owner comply with the regulations or will they not comply with the regulations? We'll ask those questions.

That's all I have. Thank you. Anyone else wishing to speak regarding RZ25-13? Good evening. Good evening. You solemnly swear or affirm that you will tell the truth, the whole truth, nothing but the truth in these proceedings or the pains and penalties of perjury. I do. Please state your name and address for the record. My name is Raymond Johnson. I reside at 1677 Wild Goose Run, St. Charles, Missouri. Go ahead, sir.

Okay. And as I I've been listening, we'll knock out things, traffic or whatever the case may be. But I did want to just say traffic is a way of moving road or uh public services through our byways. Uh it can be where where there's heavy, light, smooth, slow, congested, uh bumperto-bumper, jammed, hectic, uh uh intense, but frustration in some of the things where you have a lot of people coming together in one location trying to meet a commitment of being there on time for the game, whatever the case may be, you can have a problem there. Uh, I'm just going to to go to again a one of our residents. And the reason I bring this person up is that this is the type of resident that I believe not only our subdivision, our neighborhood, but St. Charles is looking for. This couple is in their mid30s, very professional. Their home is immaculate. Their cars are immaculate. I mean, these are the types of people that I believe that not only do we want to attract, but we want to retain. So, um, uh, the letter reads, "I am writing formally to express my concerns regarding the proposed reasoning of the property located at 2054 Country Club Road from residential to commercial usage. this vehicle, this building surrounded by wellestablished residential neighborhoods, including our own, which is located 1,000 feet away. Because of how near our house is, our family would be directly and significantly impacted by this change. Increased traffic, the delivery vehicles, lighting, oncoming commercial noise, especially during early morning or evening hours would definitely dramatically affect our quality of light. We're also concerned because this property has already been hosting weekend activities and impact on our

lifestyle. Uh late at night, early in the mornings, traffic. One of the things we're concerned about is not only when the parking lot of that facility or any facility that will go there on a commercial basis, once that parking lot becomes filled, it comes over to off-site parking, which is going to be our subdivision. And you have know you only have that house Corywood only has two houses on each side and then you go into the wraparound as you can see up there on the uh the board and there's only one one uh one uh side parking. So therefore people are in a hurry trying to meet a commitment and we've all done that. But when they pull into a place or stop, do they make sure that the driveways are cleared so that the owners can get into there or do they get out, slam the door excited about doing what they need to do and going ahead from there? This is this has created congestion and at times made it difficult for arresters to safely enter and exit the subdivision including emergency access concerns. Additionally, when the church located next door to the property initially opened, noise levels became so excessive that residents including our own family was forced to contact the police. There was also a stabbing at the church in front of this in the front of the commercial building. This draws further concern of what type of people are going to to be attracted to this location. This past experience further heightens our concern that expanded commercial use will bring ongoing noise and traffic issues that would attract would affect everyone in the surrounding area. Finally, this is resulted would have a serious impact on our property value. If this is approved, we would likely look for another housing somewhere else, not because we want to move, but because we have to look at our future also. This this places an unfair burden on families who have invested in the neighborhood within the expectation and would like to remain here. Based on that, we do recommend that you not approve the uh the move and the uh and and the commercial.

Thank you, sir. Thank you. Anyone else? Anyone else other than property value and traffic up? You're on deck. [laughter] Do you solemnly swear I affirm that you'll tell the truth, the whole truth, nothing but the truth in these proceedings and the pains and penalties of perjury? I do. Please say state your name and address for the record.

Brenda Stalet, 1662 Wild Goose Run. Um, so by trade, I underwrite mortgages. So everything they've said is true. But my, you know, they're talking about this big commercial, this uh big gymnasium, right? What they're going to do with that. But there's this building that no one's talking about and that's the church. What are they going to do with that? That that would be my big question because that again would affect so many different things. What plans to be put in there as the commercial part of their business and that's and I we do my husband and I truly do oppose this.

Oh, you're being a gentleman. Let the ladies go first.

You solemnly swear that you'll tell the truth, the whole truth, and nothing but the truth in these proceedings from the pains and penalties of perjury. Yes. Please state your name and address for the record. My name is Denise Mitchell. I live at 2056 Lost Meadow Drive in St. Charles, Missouri. Go ahead.

I am the city council member for the city of St. Charles for this area that is adjacent to this property in question. And I just wanted to state to the commission because I'm not really sure if you saw everything in your packet with the issues with uh media that we've been having tonight, but I wanted to make sure that you were aware that uh the city of St. Charles sent in a letter of opposition for this resoning because um just like the county has the plan uh for your zoning and uh zoning in the uh future envision 2030, the city of St. Charles also has a city comprehensive plan that regulates land use. And one of the biggest things for us is that we want to protect our residential areas in the city. and this property does not fit in that. And I just wanted there's a lot of other things uh that have been presented tonight and I just wanted to uh make sure [clears throat] that you were aware that the city sent in a letter of opposition because it would conflict with our plan and to know that you know we're a city within a mile and a half of this area. And so, um, wanted to make you aware of that and just to reemphasize that, um, I I respectfully request that you deny this application based on the staff's recommendations. Thank you.

Thank you.

You solemnly swear affirm that you'll tell the truth, the whole truth, nothing but the truth, in these proceedings of the pains and penalties of perjury. I do. Please state your name and address for the record. My name is Mike Summer on Williamsburg Court Nun incorporated St. Charles County and just you know the reason I'm here tonight is to talk about what is on the agenda and that is for the reasoning of this property not a lot of the other things we've talked about so far. Uh just so you know I'm a 23-year resident of uh where I live right now and I'm just so you know I'm not here as a county employee. One thing I from what I understand you're not able to open all the PDF files that were attached. We can't have them now.

You have them now. So, you have 72 pages of documents to look at, which is what was posted as of 5:00 last night. Today, this afternoon, staff posted another five pages of signatures of folks that are in opposition of this resoning request. Uh, this property, as you will see once you have a chance to read the information from the city of St. Charles, is surrounded by the city of St. Charles on the north, the west, and the south. My subdivision is the property just to the east and there's three parcels of property that are directly next to the the the parcel that's being requested to be reszoned. You've already heard about the comprehensive plan uh for the city that it doesn't comply with that and it's not in compliance with the 2030 county master plan. So, we'll move on. One thing I was amazed at when I started looking at this, there are 256 parcels within 1,000 square feet of this place. Some of them are parks such as Waffle Horse, the Frances South School District, Central Fire District, uh Amry Ue Spire. All the rest of them are residents. There's not one commercial property within 1,000 ft of this parcel. One thing though that I was aware of is all the activity above and beyond the church and the gymnasium that's happened on this property over the past 5 years. Uh, I went and checked to see how many police reports occurred and as far as you know, as far as I know, there was only two reports that had been filed and that's a stabbing and a disturbance. But then I thought, well, how many calls have actually been made for assistance to this property in the last four four and a half years? There have been over 30 calls for this parcel within the last 30 years when it's been operating as a church. This has been for peace disturbances, suspicious vehicles, verb verbal disturbances, party disturbances, domestic violence, assault, and once again, this is as a church. I can only imagine what would happen if it would become commercial property. I I am very much pro business, a

business owner in St. Charles City for over 30 years. I was prior uh president of the chamber here in St. Charles. But I do not agree with the location of this property for commercial. I I I uh the reason I brought a lot of this up is, you know, it is a new owner, but if you notice, you listen tonight, it's the same company that's renting the property over the past five months. So, I think a lot of the trends would continue going forward. I think that uh Mr. Piper and Mr. Singleton, I think they have a great business plan. I just don't think it's the right location for this activity. And so, one other thing I'm going to do real quick here is I'm going to try to save you guys a lot of time. If everybody behind me that is in opposition of this resoning, if you would stand up just real quickly. I have no idea how many people are standing up, but that's what I have. Thank you.

Thank you. Okay, with that, is there anybody else wanting to speak? [laughter] Really fast. I'll be fast, too. Thank you. You solemnly swear affirm that you'll tell the truth, the whole truth, and nothing but the truth in these proceedings under the pains and penalties of perjury. Yes, I do. Please state your name and address for the record. My name is D. Muer. I live at 1726 Winding Glenn Drive, St. Charles, 63303. Go ahead.

Um, I have been a resident in this current neighborhood for 33 years. I grew up there. My family had a home built. Uh, went to high school after college and marriage. I moved back to this neighborhood to raise my family. Uh it like everybody else has said, it's a very wellestablished neighborhood. As a mom of teenagers and a current educator in the St. Charles school district, I do acknowledge and agree with the fact that we need places for kids to go and have somewhere to go and applaud people who are in it for the kids. Um, my main question and concern is from their website when they've only spoken about how it will only be a place for sports events and for these trainings. Their website lists girls night out, proms, graduations, weddings. Um, 250 $250 an hour. What is that plan from their website?

Is that the church's website or the Yes. If you pull up the True Success Church site, it's part of their site. Church says it's online only. So, I mean, I can't dispute the church stuff, but I'm just curious. So, this is not the church. The church isn't the owner. It's a new if they're called Team Unleashed. It's a new company. Okay. Well, my other question that is with the other people who have spoken is what will happen with that building since it is designated or was as a church. So, My family is opposed to this. Thank you.

Who else? Okay, two more. Come up. You're on deck. Come on up. You have set in the front row right there. It's like going to church. Do you solemnly swear or affirm that you will tell the truth, the whole truth, nothing but the truth in these proceedings and the pains and penalties of perjury? I will. Please state your name and address for the record.

My name is John Panulo. I live at 1733 Winding Glenn Drive. If I'm on my deck, I look directly at the what he's now calling the performance center. They've been there since May. He says he wants to be a part of the community, but not once have they reached out to the local community. I'm very concerned about the performance, what he's calling the performance center, which is the old church. That's where they had events. I can see. I want to know what their operating hours are, what their intent is. Are they gonna be holding team events in there? How late are they going to be there? If if we don't know this, we're going to have a repeat of the past five years. So yes, the concern is all of everything that's been mentioned before, but what's why is it going to change with what he's wanting to do with what we know? If they want to be part of the community, why haven't they let us know?

That's all I have. Thank you. [clears throat] You solemnly swear or affirm that you will tell the truth, the whole truth, and nothing but the truth in these proceedings from the pains and penalties of perjury. Yes. Please state your name and address for the record.

Kathleen Booker. I live at 1666 Wild Goose Run, St. Charles, Missouri 63303. I really am Mr. Singleton. When he spoke, he spoke a lot about mental health. My question is to them, what is their education with mental health? He talked about uh helping children. We have resources. I want to know what his education is and what type of children they're bringing to their basketball camp. That's all. And I am totally opposed.

Thank you. Anyone else? Anyone else wishing to speak? You solemnly swear our promise you'll tell the truth, whole truth, and nothing but the truth in these proceedings for the pains and penalties of perjury. Yes, sir. Please state your name and address for the record.

Yeah. My name is James Rlinger. I live at 22 Quiet Brook Court in St. Charles. Uh I just wanted to bring a slight perspective. I love sports. Been doing sports my entire life. Um I specifically was involved in a lot of basketball. I was an Ibo internationally certified ref and something that I saw um not necessarily in the St. Charles area but in basketball games in general. Um there were times as a referee I had to be escorted out by the police because of threats of violence and other things like that. I'm not necessarily saying especially if it's their teams and they're specifically coaching it. where I found stuff was in tournaments or rentals where there were outside teams that were coming in that were creating issues. Um, seems like they run a very tight above board ship. I wouldn't be concerned about their teams, but if you have people traveling in, you can't always control necessarily some of the reactions you get out of visiting teams. Um, so that's just my personal experience that I wanted to share as a referee specifically in the basketball space. So,

okay. Thank you, sir. Anyone else? Anyone else wishing to speak regarding RZ25-13? Anyone?

This better be good. [laughter] It'll be short. You solemnly swear from you'll tell the truth, the whole truth, nothing but the truth in these proceedings or the pains and penalties of perjury. I do. Please state your name and address for the record. Marshall Caribbean 132 Double Eagle.

Go ahead, sir. I've just got a quick question for the council. It's like currently the property uh is in the county and if the council decides against uh the um re uh zoning, will there still continue to be events held there and or what will the current owner do with the property? Uh since it won't be reszoned as commercial, will it be uh sold as a church again? If it were sold to a church again or if a church opened up again, will they be allowed to hold events for profit like they have in the past in that facility behind the church? Thank you.

Thank you. Anyone else? Yeah, I just found on I apologize. Do you s solemnly swear or from me who will tell the truth, the whole truth, nothing but the truth in these proceedings or the pains and penalties of perjury? I do. Please state your name and address for the record. Glenda Solinger, 22 Misty Hollow Court. Okay, go ahead. I just found on I went to their website. Now, whose website? Um the team unleashed website and they're talking about renting our facility and having birthday parties and other events going on there. So, it's not going to be just basketball.

Okay. And it's not just their training. So, we need a little bit more information, I think, as to what's going to happen there and what's going to happen between their gymnasium and what used to be their church building. And then they also have a house building there. And so, is someone living permanently on site and what is being done with the other buildings there? Thank you. Anyone else? Anyone else? Anyone else? Public hearing for RZ25-13 is now closed. Uh, we'll ask the applicant to come back.

Do we Roger, do you think we need both of these gentlemen? You really You think we need both of these gentlemen to really answer questions? I mean, yeah, you come. He can come back. He's sworn in. You both sworn in. So, uh, questions for the applicants. Mr. Neville, do you have a question? Yeah. You said everything is inside. On your Instagram page, you have outside photos of outside activities. My Instagram page. I don't I don't have an Instagram page. Does Team Unleash have Instagram? Yes. Okay. What? What outside activities? Hey. Oh, is that Mike on? Yeah. Yeah. Okay. It's right here on your end screen.

That's my That's my house. That's me going back. I uh started doing videos at my house. That's my backyard. That's not the property. Um I could I didn't make any videos. Those are training videos. Yeah, those are just training videos for the community because students look to me to figure out what to do at home because training is so expensive. They need to know what to do at home without needing a gym. So, I make those videos at my house. Okay. Did you just purchase the accessory building or so the the front building? Um, not the house, the church and then the the the gym behind it. You purchased all of them. Not the house. Not the house.

The house is still owned by uh the owner of True Success who has done has vehicles and things like that that somebody mentioned that is not anything to do with our business. But but you do have the church. Correct. Is that part of this zoning request? Correct. Yeah. Yeah. The house was part of this request. Yeah. So there's there's there's a on what about the church? Yes. The church and the garage or the the gym is on the same parcel. Correct. And all those all those sheds were the the house is on a separate u 25 acre parcel um just to the I guess the because it showed two different addresses. Correct. Right. Yeah.

And both addresses are part of this resoning request. No, that was our understanding. The two 2054 is the is the address of the zoning request. Yeah. 2058 is the address of the house. That was what was on your the submitted to the county for for review.

Oh, well the the the the house 2054 is the worship center they were using. And then 2058's right here. The drive is in the middle as you're seeing. Oh, something's in the way now. But on the diagram when they come into the property, the thing that's I can close that. Thank you. the thing that was just pre that that 2058 that's highlighted in orange. That's the house that True Success currently has. So 2054 is zoned residential. That's the worship center they were using. And then the gym was constructed in 2023 um behind it as an accessory to that building. So the reasonzoning doesn't include 2058, only includes the 54 the that's considered a house. That's the residence that they purchased with the application.

Oh, it does. It does. It's on the application. Well, that's news to us. But does the deed Does the deed contain both properties and they're both in his name? Does he own the house and not realize it? You may own the house and not realize it, sir. If your deed says you own the house, you may want to check that out. Okay. It's not It's not the building in the back that that's the second legal description. That's one parcel. The building with the church is one parcel. Oh, it's being treated as one. It is one. Oh, yeah. That's the only one that that's news to us. You may you may want to check. You may own more property than you realize. Good good news for us, right?

Or they're asking for remaining on property they don't own. Yeah. Um but yes, any questions for the applicants? Yeah. Yeah. I was uh wondering if you guys had any responses to some of the different things that were brought up.

So for for operationally the the nonpr like what I found is the investment into the floor cost significant amount of money. Um so we quite naturally don't want to host any birthday like because we know teams like it's for the kids right students have birthdays. Part of my philosophy is celebrating their birthdays and giving them spaces to have their birthdays. That's why we advertise it. You can use it because it has to be available. Um the original use case for that space that's considered the church is a performance center. Uh because I believe that the body needs to also match the mind. Um so obviously I don't want to get into the mental I'll address the mental health portion of what we address later but at the end of the day the physical fitness portion of that is included inside of all of our training packages. So we host and we want to host uh to address the gentleman who said we didn't say anything. Uh we couldn't because I wasn't allowed to uh because it wasn't zoned yet. So, I couldn't really do anything uh besides the families that I have been there since May wanted to see the renovations that we've done. So, that explains the weekend. Like, they're they're there to see what we're doing. Like, I mean, I can't help they want to be around me 24 hours a day. And that's the relationship I have with the families. So, I can't be penalized for being successful at what I do and them wanting to be there. Uh just as much as the residential property, you have people over your house that you enjoy. It's residential. They like coming to the place where I'm at and where I've been for the last 6 months. So, they see me as being there. And so, that explains the the weekend activity. Uh but that's what our plan is for that top building is a performance center that'll be in coherently with our programs for training to allow for uh performance training from the you know resistance bands uh any type of you know cardio like the parents when they're there with their kids for an hour they also want a place to work out. So I'm trying to like use it so they can still use a space where they're not sitting in the gym just bored. You know I'm trying to increase the community usage of like okay it's just it was used as a church improperly before in my opinion because a church is a place of worship and accessory to a church. which is not meant to be used as a commercially commercial use under the guise of taxfree income. Uh that's not my intention but we have to advertise it to a way that it's there but that's the only way you can get like the co the Google co and all the stuff about business networking and stuff that I

understand as a cyber security engineer and as a web web design professional. We kind of have to have those words in there so they know we exist and because it helps us with the organic reach when they search for team unleash online. Oh, you also have a performance center. They click the link and it goes to our site and they say, "Oh, you can use this space because I have other teams." Again, as I mentioned before, schools are asking me for a gym space. They do not have the spaces inside of their schools. I don't know if this is a scheduling problem or a space problem, but to me, they're telling me they don't have the the space to do that. So, I'm opening up and we've invested in having that space to be used as that. And if they have a birthday party every now and again because they turned 10 and they like Team Unleash that much, they want to use our uh event space to do that. We're not charging an absorbent amount. I think it's $75 an hour. I mean, I'm not making a ton of money on rentals. It's just so we don't have food on the floor that cost a little over six figures to do. So, we don't want to mess that up. So,

so I just want to make a comment to you. I think what you're doing is fantastic. I applaud what you're doing. I think this is a fantastic thing for the community and that we absolutely need something like this. That said, I don't think that this is the location that it needs to be done in. That's just my personal opinion based on what I've heard here today. Okay. Can I ask why? Well, based on everything that we've heard here today, yeah, I just don't think it fits in this particular location in this particular part of the community, I think it would be a better served in a more like on a more major road um where you weren't in a neighborhood where you had more parking um just more of a commercial area as opposed to a residential type area.

Can I share our framework that we have for permitted use to explain the parking and all the questions you just mentioned? I mean, you can, but I mean, I think you've been here tonight. You've heard what everyone said. Yeah. I mean, we're we're happy to listen to you, but yeah, you know, I [clears throat] mean, with the building currently, you know, it was approved for putting in a gym behind, you know, at this point. I mean, obviously it needs to serve some purpose, you know, and with restrictions, I feel like it would be the fair thing to work something, you know, and that's that's what

I would agree with you. I think that if we could do it as a conditional use permit, that would be fantastic. Unfortunately, that doesn't appear to be an option because we just we asked the the uh planning and zoning, you know, people and they said that that that's not an option. There's no way to do it in a way that is not a commercial zoning with a conditional use. I wish there was. So, so if we and I'm not saying we would do this. If I started a church and bought the building from him, would I still be permitted to do what the church was doing before? Yeah, probably.

But I I but that's that's that's illegal by definition. That's by the own law. That's illegal. And I'd be committing perjury saying that I wouldn't do I would do that if I plan on doing that. So, I'm not doing that. That's not our intention because that's what the previous owner is doing and that's what the complaints are for of operating illegally. So, with all due respect, I don't want to pay the sins for someone doing something wrong illegally, for us trying to do it legally. I we have conditional uses that can limit facility capacity, hours, traffic, people. I mean, we it's only 9,500 ft in the gym and there's very little space for people to actually sit. I think there's probably 50 parking spaces there. So, I'm not sure, you know, the vision of what people hear commercial and they think basketball and they think, "Oh, this just somebody trying to make more money." This is what I'm trying to stop. And I'm I'm willing to do, as I've said said before, under oath, our permit and our framework that we're trying to do requires C2 zoning. We cannot do anything else anywhere else. And if I go somewhere else, I have to pay a premium to get the exact same thing and come right back here and ask for the exact same thing in another building. And I'm not saying it's fair. It's just the law allowed this church to operate the way that it did for so long. And now we're paying the price of what the church was allowed to do for trying to say, "Hey, we know this is illegal." Technically legal, but it's not right. It's not. There's no integrity in that. And so I'm standing here because I have students watching at home. Their parents are watching me now, and they know we have to represent ourselves properly. And I know that this doesn't seem to fit what people might agree with as a C2 commercial place, but the legal requirement like I'm willing to modify the I'm the owner and found you're talking I don't you had one gentleman show up where the owner is not even here. Like I'm not even supposed to be here. This is his building, you know? It's his money if I'm being honest. I I'm just here because I believe so much. not only my commitment to him, but my commitment to these kids who if I'm denied and we're denied or will not have

a place to go. Did you not sign a lease with him, though? I did, but we can't use the space the way that the lease is designed if we can't get the zoning because that would be again illegal. So, I I can't I can't do that. So, I know that they're saying we've been using it, we've been using it. I have not seen one of those residents come and ask me um what we've been doing. They haven't ma made an inquiry on the website and asked me what we're doing. Uh because those are students coming there literally for [clears throat] me to see our space and I'm not operating like a business. They're just there for me to be there. I I don't know how that's illegal in any case of the word. I can't speak for the rest of the commission. I'm sympathetic to your point. I understand. Yeah.

I wish there was some way we could figure it out. I'm not seeing a way. Yeah. So under C2 with the nonprofit agreement, even with our secession plan in place legally that I have to adhere to through another accounting body through my agreements with the conditional use permit being zone C2, that's still not enough to limit do a conditional use permit. Well, if it's zone C2, we can't. Well, if it's zone C2, it's permissive use. You wouldn't need a conditional use per one. So there's no zoning. So there's no way to do a conditional use permit under C2 zoning. There's no other zoning that you can do where it would not be a permissive use, but it could be a condition. So my my nonprofit would have to own the parcel in order for my legality of the secession plan to be I'm not a lawyer, so that's a Roger question.

That would have to be because that's the only way if we own the property to nonprofit. We have a we have to have I have to present that and file that with the federal government. So if something happens to the nonprofit, it's locked into my mission and cause. I can't do anything else. My understanding is that that he's correct. That's the that's the law. That's the law. So I mean we can do something. It's just your choice to say I'm not trying to be disrespectful but you have to make a choice on okay do I trust this guy or not based on what was done now right right now that have that option property is I've asked that question our definition is a house of worship versus a nonprofit. Okay we're not

I there's an organization called the God Foundation of Missouri that I'm associated with and we're a nonprofit. Yeah. and we run a uh summer camp in a golf summer camp in Forest Park for inner city kids. So I I I understand your uh mission because I'm involved given two months of my life in in the summer uh with inner city giving inner city youth an opportunity to do something athletic. Yeah.

Uh but there's a difference between a church and a household work worship and a nonprofit. [sighs] I have a question for staff. Um, under the R1E, it looks like a conditional use could be a um, private club, and I mentioned that earlier. It says private club, not less than 2 acres. This is three acres, and this is actually three acres. So, could this actually be a conditional use if they were to make it into a private club situation charging like a membership or something like that and then it's a private club and that would be a conditional use under their current zone.

Another another option would be potentially calling it a private school of some sort because it's kind of like a sports school. You have to review that. I don't I can't answer off hand. Depends on the uh details. We'd have to look at the definition for private club. For instance, I know there's been various types of private club. In fact, there was [clears throat] a private club down southern southwestern part of the county for a wine club, a private wine club that at uh Chandro Hill, right? And so I know one part of the definition is having a membership and membership list and all that, but I just want to point out there could be actually options, right? So,

thank you. While while we thought there would there wasn't options after looking through it a little more there may be some options that we can play with. So there might be a way they could come back under a different situation either with a different location or a different situation with the same location could be the same location just structured a little bit different to help meet some of the codes. I'm going to caution the applicants to not accept anything that the board might be saying as advice. Sure. And I'd recommend that you get your own legal counsel to if there is an appropriate method uh procedurally to do it. Do not rely on anything that the board is saying as a promise or as legal advice of any kind. Yeah. Thank you. We're just spitballing here.

No, no, I know. Yeah. I was my attorney's thinking, too. You might u counsel them about I shouldn't say counsel them, but to give them some They might want to withdraw. Yeah. Because if we if we vote yeah uh and we vote in favor then it would have to go to the county council and they would have to vote in favor. If we vote and deny then the county council to be in to vote in your favor you have to have what's called a supermajority more than a simple majority. Yeah. That's just for cups. Oh that's right. I'm sorry. A legal remmonstrance would trigger a super majority for reasoning.

Yep. I'm kind of we switched my brain didn't switch from the CVPs to the Yeah, you changed [clears throat] the agenda, but you may want to consider seeking outside counsel. Yeah, like potentially coming back with a different plan. So, are we asking them to Oh, that's up to them. We're just saying that that's an option they have. Yeah. So, I have a question. So presently under residential code, what is there anything we can do in the meantime? We we can't answer that at this point. We'd have to do some more uh research. Okay.

Withdraw. Okay. [clears throat] I would I would Okay. Um I guess we'd like to withdraw. table for for January 12th. I mean, I don't think it's table. No, because it's not changing anything. It's table, right? Table or withdraw. If you would withdraw it, then you have the opportunity to make changes. Yeah. Withdraw and then come back. Withdraw. Okay. So, so for the for the record, the applicant uh I should application RZ25-13, the property owner, Mr. Aaron Piper has requested to withdraw the application. Okay.

Thank you. Thank you. Okay. Wow. Um now, how do I get back to Okay. Will anybody uh for everybody that's left? Uh we'll take about a fivem minute recess while um water. We empty the uh Oh, I don't Yeah,

well, it's it's time over the years. You've been here long. See, we did a deal uh a couple months ago that was just and the people that they had closed. And uh to me applicant didn't show up and probably was saying well they said

well maybe we should table this I know that put a China and there was a picture and I pal said I'm flying that's why these people are going to buy that's why they were you know I'm not going to sit here uh my buddy buddy Kyle the realtor [laughter]

Yes sir. I mean, there's somebody up here that can [laughter] do it. Okay. So, you're here for the last one. Okay. 2514. Is it the one on Freemouth Road? Yeah. Okay. Now, um that's out in St. Paul. Yeah. [laughter]

Oh, okay. Okay. Is your name?

It's just a single PDF on there. Ready? I'll tell them.

Oh, you know my husband, he had two sets. Just couldn't couldn't do. Does that look right to you? Yeah. Mhm. Cool. So, do you Yes. So, uh, when you come up here, what I'll do is actually I'll go ahead cuz I think you're the next one more. Okay. So, when I see you come up, I'll make I'll enlarge this and then it'll show up on that. I don't know if [laughter] they Yeah, no worries. No worries.

If you don't need it, that's just let me know if you do or don't need it. Oh, yeah. I'll just keep on there. Yeah. Well, this is enough. Normally, we've had them last 10 minutes. We've had the last Yeah. You should

have% all the steps.

Well, I I look over a couple times. He's sleeping. [laughter] Well, so before your time here. Yeah, me too. We also sell towers have to be in commercial. So we have a bunch of residential areas where they try to res. Oh, you're working on that. So you know, so we just we changed the biggest thing to power is one thing, but 100 years from now those poor people that we put ahead. Oh dear.

Well, we had a case before you came here where this developer came with a nice neat little plan residential house. They came up with reszoning for higher density residential neat looking plan. Council voted for it. I did voted for it and they said, "Well, now you got the zoning, but we really want to do this. because they [laughter] probably [laughter] live out.

We got a way to go. You live near Kevin. that does not.

No, you know, I do. I think I friend of mine got married. Big Catholic church kind of in the downtown. Yeah, I know. That's right near city hall kind. No. Yeah, I'm not. I I I tried to and have never succeeded.

I work for whatever I get frustrated enough in everyday life. I don't need something else. Christmas day. Have you talked to Brian? How you like it over there? So, I've seen it happen. What? I brought that up to Elmer. I hope we get that.

Good. a gentleman standing right there. Yeah. When you drive across the bridge and he's he's involved in this if they were advertising as commercial. I bet I could find I can find out right now if they did. Well, you can, too. I'll look it up on me. there there would be a title search a lender unless they did it as is and got a local lender that wasn't paying much attention.

Okay. Okay. We'll be uh back in order. We have everybody in here. Anybody here? There's 258. Is that what it is?

Okay. Let's see. We are at um the next application is a conditional use permit located at 18 Northwood Drive. This is CUP25-12 property owners of Sunburst Properties LLC. The applicant of Sunburst Properties LLC. The current zoning is C2, General Commercial District. The request to approve a conditional use permit for a manufactured home to be used as a dwelling. Uh the area is uh.17 acres. Um location is 18 Northwood Drive located at 270 ft north of intersection of Freezy Road and Armor Rebel Drive. I can't talk anymore.

Amarillo. Amarillo Drive. Yeah, that's in Texas. On the east side of Northwood Drive, adjacent to the city of Fallon. This is located in council district 4. staff.

This conditional use request would allow a manufactured home utilized as a dwelling to be placed on a C2 parcel. The subject parcel is immediately south of Fair View Manor Mobile Home Park uh which was platted in 1966. The subject parcel was platted [clears throat] with Fairview Manor as a commercial outlot along Fisy Road. Uh there was based on aerial photography there was a mobile home on this parcel from 1977 till approximately 2016 uh when it was removed. Uh earlier this year the applicant did apply for or yeah did apply for a uh residential building permit but was denied because it requires a conditional use permit. Uh the applicant then sought a non-conforming use determination, but the zoning administrator determined that the use was ineligible for a non-conforming use. Uh the one because the county has no record of having approved a mobile home on the parcel. Uh two, the previous use as a dwelling was ceased by June 2016. And three, the subject property had subsequently remained vacant. Uh section 40520A of the county code requires manufactured homes must comply with specific design requirements and must be compatible with other dwellings within 300 ft of the subject parcel. For example, manufactured homes must be multi-sectional and a minimum of 20 ft wide. This proposed manufactured home is at least 30 ft wide. So that's that's good. Due to the proximity of the existing Fair View Manor uh mobile home park immediately to the north, um the planning and zoning vision recommends approval with the conditions listed in the staff report.

Any questions for staff? I ask the applicants come forward. Do you solemnly swear or affirm to tell the truth, the whole truth, and nothing but the truth in these proceedings when the pains and penalties of perjury? I do. Please state your name and address for the record. My name is Chris Cleawwine and my address is 7427 Pierside Drive in Oallen, Missouri, 63368. Okay, go ahead, sir.

Uh I this is my first time here, so I wasn't sure what to expect. I think they've done a great job with the research and everything they told you and they recommended it. I recommend it, too. So, [laughter] I think that's about all I need to say. Um, there's 285 mobile home lots in there. This was one of them. It's right on the edge. Uh, the only thing this has ever been used for is a mobile home. And as today, there's still the foundation for the mobile home, all the utilities for the mobile home, the driveway for the mobile home, the yard for the mobile home. It's not big enough to put much else on there. It's.17 acres. So, okay. I ask that you approve this. Are you familiar with all of the conditions that they've recommended?

Yes, I am. I've uh been through the process in the mobile home park itself over the last five years. I've been through the process with them of getting permits approved and bringing in new homes. We've brought in over a million dollars worth of new mobile homes now. So, we're we work well with with the with the county um and and meet their guidelines and do their inspections. Is this going to be a rental property? No. Uh uh the mobile home park is uh the land is owned but then the the people living there own their own homes. This will be a home that we bring in and set there and then we sell that home to somebody who will own it and live there and pay pad rent. Yes. Okay, that's correct. Any questions for the applicant?

Hearing none. Thank you, sir. Thank you. We'll open the public hearing for CUP uh 25-12. Um, anyone here wishing to speak regarding this application? Seeing no one, we'll close the public hearing for CUP25-12. Anyone have any additional questions for the applicant? Hearing none, the chair will entertain a motion to approve CUP 25-12. So, oh, Janette beat you. Uh, Mr. Quinn, yes. Uh, Mr. Baker, yes. Miss Bar, yes. Uh, Mr. Knee Miller, yes. Mr. Shell, yes. Uh, Miss Kersner,

yes. And I vote yes. That passes. Okay. Hey, we're moving along now. [laughter] We're trucking. Sorry. I guess I shouldn't have moved it. I apologize.

Well, now how do I get back to the agenda? So, where am I at now? Let's see. Uh, okay. Now, I know where I'm at. Um, this is a uh application a reszoning map request at 105 Lake Village Drive. Uh, the application number is RZ25-12. The property owner is Yacht Club of St. Louis Marina. Applicant is Rick Bartelli. Uh, the current zoning is a Agricultural District. The proposed zoning is RF Riverfront District. The reszoning area is 8.43 acres. The location is 105 Lake Village Drive, approximately 3100 ft east of the intersection of Lake Village Drive and Washon Road adjacent to the Mississippi River. This is located in Council District 6. Staff,

the subject property is occupied by the Yacht Club of St. Louis, uh, which is a marina with 265 boat slips and a restaurant on an 82 acre tract. The current request tonight is similar to a resoning request that was previous previously approved by the county council in 2023. Um that request in 2023 reszoned 51 of the 82 acres uh to riverfront. The request tonight is for additional riverfront zoning uh to the tune of 8.7 acres. Um, the reason they are wanting to reszone additional acreage is for more storage for the marina. So, they would be proposing a rock lot and a storage building, 8,400 square ft of storage building. [clears throat] Um, the proposed use of accessory storage is permissive in the riverfront district as opposed to uh conditional use in the A district. And since half the prop more than half of the property is already zoned riverfront, they are deciding to reszone more of it. Um the 2030 master plan recommends agricultural land uses for this area or for the subject property. However, the 2030 master plan does recommend or recommends parks and open spaces for land uses which are near the Mississippi River. And there are already several o several other marinas along the river that have this riverfront zoning district. Um in the staff's view that the riverfront zoning district is better suited for the subject property due to its proximity to the river and the existing marina and other conditional uses. County staff recommends approval of this resoning.

Any questions for staff? Hearing none. Ask the applicants to come forward. You slely swear I firmly will tell the truth, the whole truth, and nothing but the truth in these proceedings on the pains and penalties of perjury. I do. Please state your name and address for the record.

Thank you very much. Um, my name is Larry Walker. I'm with Bax Engineering at 221 Point West Boulevard, St. Charles, Missouri, 63301. Um, appreciate being here tonight. I don't think this will take too much of our time um, tonight, but um, appreciate staff's report. They kind of went through everything that I was going to um state. I will um ask if we could get this uh little image that I have up. It might just explain a little better. Um as mentioned back in uh 2023, I believe it was um there was a zoning request for for the marina for um it was the blue area that you see, which includes the uh boat slips and a large area just for all the operations that they have. So today what we're doing for the expansion of uh some extra boat storage that they're looking to need um and a new maintenance building um the areas in red is what we're proposing uh to reszone to riverfront to just more conform with the existing zoning that's already in place. And so rather than needing to see conditional use permit, it'll be properly zoned and then we can move forward. So the two red areas are are the areas to be reszoned. Um they do still have some property to the to the east that is still a that they still own. Um and um I'll happy to answer any questions in addition to that.

Is any of the red in the in the flood plane? It is um a portion of the red of the little right right um the right little rectangle is where his proposed maintenance building is. Now, that does have a little mound there, but we are going to have that building a foot above base flood elevation, but yes, the rest of that would be in in flood plane. It's the flood fringe district. Yeah. Mhm. Okay. Any questions for the applicant? Hearing. Thank you.

Now, open the public hearing for RZ25-12. Anyone wishing to speak regarding this application? You solemnly swear affir affirm that you'll tell the truth, the whole truth, and nothing but the truth in these proceedings from the pains and penalties of perjury. Yes, I do. Please state your name and address for the record.

It's Clifford Steinman, 3171 Church Road, St. Charles, Missouri. 63. Go ahead, sir. 63301. My concern is with the boat storage down there, you know, we had one harbor burn with a whole bunch of bolts in it down there and this kind of stuff. What What are they going to do with the water supply? They have no water supply capable unless they're going to pull it out of the river. And also with the like you just said, most of it's in the flood plane down there. the building that they're going to build. Where's the runoff going to go to? My property joins it. I've got 200 acres of a agriculture ground right next to it. I'm concerned about the water flow. Thank you.

Okay. Thank you. Anyone else wishing to speak regarding uh RZ25-12? Seeing no one, we'll close the public hearing and ask the applicant to come back. Thank you. Yeah.

Um water flow I I think I think that was mainly storm water question um is what I understood. Um looking at the talking about the water flow basically what happens with the water in this area and in the red areas um and of course the existing is um but basically from the red area as you look to the bottom of the screen right along the bottom of the screen there's an existing ditch. Um, granted we're going to have to meet county requirements for storm water runoffs and we don't we have submitted a site plan into them, but then we realized we had some split zoning and then we came before you with this application. But um, what we do have in the new plan that we're working on is we will be taking that water into a bio retention basin um and and treating it for for water quality and containing that runoff. But there is a ditch that runs along that south red line like the south and then out to the river. So that's where that storm water goes and then out to the river. But we will be providing water quality because at this point with this new development we're doing even though it's not huge, we are going to be required to do water quality for the site and storm water control.

Yeah. The site plan won't come back here since this is allowed. Correct. No. So you the site plan will be all administrative. Yeah. So it'll meet the as long as it meets the technical requirements you will stamp it. Yes. Okay. Yes, ma'am. It sounded to me like he was saying that there had been a fire and he was asking how you were going to find pull the water out of the river to put out fires. Did I Did I understand that correctly? There was a fire. Yeah. About a year ago. Yeah. He was asking about the water supply. I think what he was asking was if there's another fire, where are you going to get the water from? Because I guess there's not fire hydrants or something out there. He was saying you'd have to pull it out of the river. I think that was the question. Okay. It sounds like that is

another one of them. Sorry, I'm I apologize. That's okay. Um I don't have a 100% great answer for that one. Um I do know that they have water that they do truck into a site and they have a storage tank. I'm not going to say that that's enough for fire protection. I can find that out that information, but I'm not sure if this is a volunteer fire situation or I, you know, one of my previous projects up in Silix was like that, but um I'm not sure how the fires are handled on this. That's going to be on the owner of the yacht club. I think he was just saying he was concerned because we do have to get fire department approval and all of that, but um

So, you're just saying you do follow fire code and that kind of stuff? I I think he was just concerned that there might be another we have to submit to all you know of course the county but then also the fire department utility companies things like that and most most things down here for with the with the county itself but

they do have fire you know fire requirements you know um a certain amount of fire flow and that I know on previous project I'm just saying this is maybe possibility if their storage doesn't allow for enough I have had situations where we pump water from I have never done it from the Mississippi But a pond for for fire protection, but the dry hydrant, I don't know if anybody's ever heard of that. You know, they have these hydrants that then have pipes that extend down into a lake that you can pump. So, I mean, that would also be a a possibility here if if it becomes necessary. Yeah, I think the owner's insurance company will uh require something require. You would think. Yeah. So, any other questions for the athlete?

Just got a quick question. We're requiring detention right next to the river. I'm just well water water quality once we Well, I've let staff but um there's no detention though, right? We're [clears throat] not proposing any detention, but we are since the area we're disturbing is getting to a certain point were provided to clean that storm water, if you will, before we into the ditch. Okay. Clean it so it doesn't go in the dirty river. Well, [laughter] following the rules. Okay. Thank you. You have any other questions? No, [laughter] I'm curious. foul on the road. I'm watching the city do some work where they're not requiring detention or any water quality nowhere near the river as this is.

Any uh any other questions for the hearing? None. Thank you, sir. Thank you very much. Uh chair will entertain a uh motion to approve application RZ25-12. So moved. Mr. Sh made the motion. Who's a second? Second. Second. Uh, bar. Mr. Ne Miller, how do you vote? How do you vote? Yes. Miss, yes. Uh, Miss Kushner, yes. Uh, Mr. Baker, yes. Mr. Shell, yes. Miss Bar, yes. Uh, Mr. Quinn, yes.

And I vote yes. Okay, that [clears throat] moving right along. Okay. Um, now I'm down to 2514. Um, no, I've got I think that's 25. Yeah, 254. F. That is We We already did E. No, we haven't done We haven't done F yet. Yeah, we had done We're on F. Yeah, F. No, I'm all Okay. Sorry.

Yeah. And then 2512 was last. Okay. Um, so the next uh application to be considered by the commission is RZ25-14, a reszoning map request located at 110 highway F. Application number RZ25-14. The property owner is Peter Rook. Applicant is Landmark uh surveying. Uh, current zoning is a agricultural district. Proposed zoning is C2 general commercial district. The reszoned area is 10 acres. Location is 110 Highway F located approximately 700 ft east of the intersection of Highway F and Highway 94 South on the south side of Highway F. This was located in council district 2. Staff. Yeah. So, um, one thing I wanted to clear up, um, originally when this application came in, they were proposing C2 zoning. Um, since then, um, staff has learned that their intention is C1 zoning. So, that'd be neighborhood commercial district. Um, but they're currently proposing to reszone three acres out of the total 10 acres. Um, which I'll show here on the screen. Um, the area they're proposing to reszone. Um, but the applicant intends to create uh an office, wellness, municipal, church, and private company lease space. Um that area that's uh shaded is the 3acre approximately 3acre portion that they'd like to reszone to C1. Um in terms of the site, that's the red outlined image is the entire 10acre uh site. As you can see, um there's a home and an out building on the on the property and then there's a portion of a shared lake with other property owners on the western side um of the property. surrounding land uses. Most of the land uses um surrounding this property with

the exception of uh 251 South Highway 94 um are zoned agricultural and are residential and um agricultural uses. So again, the red stars signify um residences within the area and um the yellow stars in this case actually represent uh properties that had a zoning case. So, you might remember, like I said, 251, a resoning application in 2023. Um, it was going to be a meat shop. That that project never went through. Um, and then there's the the corner of D, or is that double D? Double D and 94 was the private um club and event center. And then across from there is the quarry. um within the 2,000 ft notification radius um there are currently 31 residences. When we analyze resonings, we primarily look at three things. Um the master plan, the range of uses and the land use impacts to neighboring properties. The 2030 master plan as you can see in this area um shows for future agricultural uses and agra tourism uses um and also some scattered rural residential uses. Um with that being said, this zoning change request um would be inconsistent with the 2030 master plan. Um, when you look at the range of potential uses under C2 zoning, um, similar to a case earlier, when you reszone a property, it's a whole new slew of development rights granted to the property owner. Um, despite their intentions, um, and those uses would be far more intensive than what's um, already used out there given that most of the properties are single family residences um, and agricultural uses. Um, in terms of land use impacts, like I

said, the the area is primarily residential and rural. Um, and the established commercial note of this area is about a mile south already um on Highway 94 in Defiance. Again, we notified uh property owners within 2,000 ft of this property. There's 51 of them. Um, all the agencies providing some service um to the area. Um, and as the time of making this PowerPoint today, we had three letters of oppositions. Um, and no comments from any notified agency. Um, given the report that's a part of your packet, the county staff recommends that the planning and zoning commission recommend denial of this application.

Any questions for staff? Hearing none, I ask the applicant to come forward. You solemnly swear affirm that you tell the truth, the whole truth, and nothing but the truth in these proceedings with the pains and penalties of perjury. I do. Please state your name and address for the record.

Peter Rook, 110 Highway F defines Missouri 63341. Um, first of all, thank you for giving us the opportunity. Um, I was on the planning and zoning board for the city of Wville back in 9998 for stance. So, I appreciate all the hard work you guys do. Um, first and foremost, the the zoning denial based on C2 is acceptable to me. I'm not requesting a C2 zoning. Um, the application is for a C1 zoning. And as you can see when you pull up the map the request is con congruent with the property adjacent to me to the left and to the right. My objective our objective of of developing the property is something of community use. Nothing of nuisance. I live directly behind the subject 3 acre property as you can see with the layout um of the separation of the lots. So my intention then is to prepare I have a 72 square foot barn constructed on the building itself. I would like to have the flexibility to rent the building um or conduct any use under a C1 zoning restriction under

C2. C1. Okay. So, that's the point I want to make is that this square feet, right? 7200. Okay. I thought you said 72. I was like, that's very small.

No, 7,200 [laughter] square feet. Yeah. So really our objective again is to just be congruent with the lot that's adjacent to us which is the one acre that was approved for C1 um as well as the lot to the right of us which is yellow starred on the map too as well. So that would give a congruent flow of C1 um for the corner lot uh the three acre lot that that I'm proposing for separate and and the other lot as it sits. Any questions for the applicant? So you don't have any plans now though, right? No.

Okay. And then I guess my other question for staff would be do should we have this re the another application made for C1 because what's in front of us is C2. Yeah, it's a good question. Oh, we tried to get that right. Well, the it could be done a couple ways. One, the we could revertise to come back again. Or two, once a plan once a resoning application is received by the county council, they have the option of reszoning it to a lesser intense zoning district as a so they could choose to reszone it to C1 rather than C2. Yeah,

but we have to vote two up or down. No. Oh, well C1 the application is C2, but I thought you said that they they could request it in the county. Yes. Not here currently. Okay.

What we have on file is an application for the C2 and then we've heard from the applicant since then indicating that it sounds like how I would characterize it, C2 was applied for an air when they were actually seeking C1. So, we could revertise, come back next time, or you could, this is what I'm thinking, or you could vote on the C2 application, and the county council could choose to either approve the C2 or deny the C2 or reszone it to C1 instead of C2.

Okay. So, there's a letter here and this person [clears throat] that's your neighbor, I guess, is thinking that you're trying to put together a venue for weddings and parties and social events. That would be under C2 and that's the miscommunication with that's not what you're trying to do. No, like I said, what are you wanting to do with the property? Anything within a C1 uh approval, but nothing specific? Nothing specific right now? No. Is C1 conducive to our master plan for this area? No. No. Thank you. But it is been approved for the lot adjacent to me. and the lot across the street from me.

Just the one the corner lot at at 94. Okay. Thank you. Yeah. But also the wedding venue that was approved at the corner at DND. That's just that that was a conditional use permit. Same thing. Well, not the same thing technically, but Yeah. Did that was my Did that get approved? Yes. Yeah. Okay. And that would be a heavier use than what I'm proposing because if it's a condition conditional use for a wedding venue, then you're approaching the same nuisance issues that all of the residents of Defiance were talking about on the expansion of Defiance Ridge.

So typically what we see here is that somebody comes to ask for a zoning change for a specific purpose. So to just ask for a zoning change, but we don't know what you're going to do with it is is not typical. Not saying it's not possible, it's just not typical. I understand that. However, understanding that C1 zoning only gives me so many options when I come back for reapplication for a business proposal that will have to fit the guidelines of C1. So you're are you basically just trying to make sure that before you go out and try to find somebody to either like sell it to or to build a business there that you actually can do it so you don't end up with the same situation as the gentleman earlier today. That's correct. Okay. Yes.

So you're so I'm just planning we purchased a property in June and like I said I live directly I live on the property. I mean the barn I can see the barn from my front door. It's 300 yard or so to the barn. So I as a developer would not want to develop anything that is going to obstruct my own lifestyle or be a nuisance to myself or any of my neighbors. So are you thinking you're going to build something on it and then sell it or sell the

I have a barn there going to be I may you know it it could be a co class eventually maybe a doctor's or a dentist office. You know what I look for in the development opportunities of that site is something that would be communitybased, something that provides some relative services that are not down in the Defiance Augusta area right now. If you live there like I do, and I have lived there for almost 10 years now, I mean, you're 30 minutes from any emergency services, um, you're 30 minutes from anything. So, as people are developing down there and we're trying to build a community, there may be an opportunity for someone to develop, it's a great spot to build a doctor's office, a dentist's office, um, you know, Edwards Jones office, whatever services that would be needed that would be soft, normal business hours, non-nuisance to the residents. And you're basing this based on the location to major roads, the the location in proximity to other similar.

So basically, you're on a major road. I need to look at Yeah. at the corner of Highway F in 94. It's the main conduit to all of the housing um on F which is developing significantly as well as if you're if you live in Augusta or any part past the fiance you have to go by that either to get two services to work and home from work. And as a developer, you're familiar with like, you know, the size of the going in and out from the major roads and all those things. I can't

Yeah, I was a Taco Bell franchisee for 14 years. I built eight Taco Bell stores here in the city of St. Louis in the surrounding areas. I built one here in St. Peters, which I built one in Wville, the one in Wville, if you ever been, I built that one in 2000.

So, I'm very familiar with the building codes. Um but you know obviously we'd use a a certified site engineer backs engineering or somebody else to to do the site plan and obviously engineer it to maintain the water retention. But our intention is nothing obtrusive. And um if you live down there at all, you'll understand the dynamics of there is no developable area within the entrance. Once you make the turn at DD and 94 to the S turn, there is no there's no commerce at all. There's two bars down there at the end and that's it. I mean, there's no one if you have to go to the dentist, you're driving 45 minutes. if you have to go to a doctor, um there's an opportunity for all sorts of, you know, services that um will create value to the community on that space. And with 3 acres with access from 94, it's convenient. Um the access point for the easement is um uh significantly past the intersection which should meet uh Missouri highway guidelines for entrances. Um so I mean it sets up well. It also helps if if you provide the C1 uh zoning, it provides us an opportunity to provide an easement for the corner lot too as well. Um when you look at that lot and you did the approval for that and I'm sure staff remembers this, there is a challenge there with the

entrance the access. This would provide better, safer access for that corner lot by extending the access point either farther down 94 past the highway or farther south down F 94. So when you look at the grand scheme of things in the big plan, it does provide some synergy benefits to that corner from a traffic perspective. I've got a question for that. The little triangle piece that that's under a CUP, wasn't it? Or we didn't reszone that, did we?

Yeah. Well, staff I don't remember what the planning and zoning commission vote was. Staff recommended denial of that. uh in their staff report, but it passed at council. Okay. Because that was going to meat. They had the farm up the road and they were going to bring the produce and the meat to that. It's my it's my understanding they've since located to defiance on Highway 94. Yeah. But it's still C1 there. Correct. But it's not being used. Just vacant. Right. Yeah. Okay. Okay.

I've been here too long. Does the fact that it's adjacent to C1 do anything for us? Like does that make it more or less acceptable to you? Uh I mean the decision is yours, right? But I mean I know I've seen from a planning perspective and he said things like well if it's adjacent to for for other things and he said if it's adjacent to something the same that I guess that makes a difference somehow or from a planning perspective this property doesn't um isn't overly conducive to commercial when there's like a well-established commercial node just a mile away.

Okay. um in terms of access and stuff like that, that stuff gets sashed out um after the fact and then with the being mode routes, you know, they have say over where sure where and what goes in. So

I would say that the one acres next door just barely barely meets the minimum requirement for on-site uh sewage disposal. I mean, it's it's exactly one acre, and I think that's the smallest just about under the existing code that you could do it. So, if you put a building on there and you have on-site sewage disposal, it's really really tight. So, I guess the one thing going for this application is if you have three acres and the one acres, if you could combine that to a 4 acre com uh commercial C1 commercial, then does the same person own both lots? No. of the next. Yeah,

but it is possible. I've talked with the owner of that lot and that would be the grand plan if if invent that would come a pass that the opportunity for the development incorporate both of our lots and so the same person would own both and it'd be one lot. Yeah, it's an interesting idea. I got so they have we have to consider C2 either voted up, voted down or why? Because it's what? Because because that's what we have. We can't change it. So you can't change the application. No. So we did not get our request in time to change the application. You can withdraw it.

My question to you is do you want us to withdraw or do you want us to vote vote on C2? No, I don't want you to vote on C2. Yeah. I and and that's what's in front of us. I think it makes more sense. So, I need to then do I have to pay another application fee or if I can withdraw it. What about um amending your application and then we would just revertise? That's one thing we could do. Can we repeat this next? That'd be tableabling then, not withdrawing, right? Tabling and they would amend it or would they withdraw it and then amend it? I don't know. That sound like a bigger question.

Too late. [laughter] to table it. Then an amendment is probably done in time to revertise with adequate notice to the surrounding properties. That's why I will make a motion to table it. Well, it's up to him to table it, not us. Oh, is it? I think we can table it. No, he would withdraw it. We would we can table it. So motion's been made to table uh RZ25-14 which is a resoning request from a cultural to C2 general commercial Commercial District. Uh is there a second? I just have a question real quick. Do we still need to do a public hearing since this is on our agenda to table it? We

No, we should there's people here. We should let them speak. Yeah, that's that's my only question. Will you withdraw your motion? Sure, I'll withdraw my motion. Okay. Sure. Let's make the motion as soon as the public I just figured that the public would speak when they were actually speaking on what we were actually voting on, you know, next time. Yeah. Okay. My only question for staff is the ad the current address is 110 highway F, but if you parcelled that three acres out, it would have a new address that would be, I believe, a Highway 94 address.

That that's handled by our emergency communications department. We don't handle addressing. Okay. So I didn't know if that was affecting would affect the interpretation of the letter of the application. No, it would what the address the time of the application is fine. Okay. Yeah. Okay. So then the plan is Well, no, the plan right now you go you go sit down. Okay. [laughter] I'll sit down. Should I sit in this front bench or my regular chair? You're just fine to see. We'll open the public hearing for RZ25-14. Anyone wishing to speak?

Anyone wishing to speak regarding RZ25? I think they left 14. Yeah. [laughter] Sorry guys, somebody just left a second ago. Okay, we'll close the public. Did you want to speak? Shame. Walter landmark surveying. Oh. Uh, okay. I'm gonna swear you're going to use this. Go ahead. Go ahead. You saw me swear that you'll tell the truth, the whole truth, and nothing but the truth in these proceedings under the pains and penalties of perjury. I sure do. Name and address with the record. Shane Walter, Landmark Surveying, 802 East Main Street, Wsville, Missouri. Okay.

And the only thing I have to say is that under my when we first started the conversation, I thought that you said that they could recommend a C1, even though we are a C2 application, that they can recommend a C1. Can the council can we can't? Oh yeah. Go ahead. Okay. Anyone else wishing to speak regarding RZ25-14? Hearing no one will close the public hearing. Ask the applicant to come back. Now, do you want me to motion to table it? Yeah. Okay. Now, I motion to table it. Okay. Motion's been made to table uh RZ25-14. Is there a second? A question. No. Question. [laughter] If we're if we're tableabling it, we're going to bring it off the table as C2 still, right?

I thought we could make an amendment. They can. Okay. So, they can amend it to C1. Yeah, I believe they can um amend it to C1. So, as long as we revertise that and renotify people, let them know that the application's been amended from C2 to C1. Fair enough. Thank you. Okay. And it sounds like they already have. We just didn't revertise it yet. So, it's already in motion. We just need to wait a month and then we'll make a decision. Okay. So, I have a need a second to the Miss Bar's motion. I'll second. Uh, okay. Um, motion is made and seconded to table application RZ25-14. Miss Kurtner, how do you vote? Yes. Uh, Mr. Baker, yes. Mr. Shell, yes. Uh, Mr. Niller, yes. Miss Bar, yes.

Mr. Quinn, yes. And I vote yes. That's been tabled. Wow. We have an accomplishment. Um, okay. Last but not least, better have a drink of water. It's been a long night.

You ain't lying. Next application is uh PR25-12 which is a preliminary plat for uh PR 25-12 which is uh located at 2317 and 2367 Primuse Road. Um the addresses are 1934 1955 1956 1971 and 1972 Nightingale Court. Um application number is P25-12. The property owners are uh Eugene and Dorothy Vogelang Family Residential Trust dated November 14th of 2012 lot one Thomas T. Gang Gangley and Anne Gangley lot two Bradley D. Johnson and Amy S. Johnson, lot three, Suzanne M. Overamp, lot four, uh, Donald Hawkmire and an Angela Hawkmire, lot five, trust agreement of Timothy R. Ferour and Denise M. Ferber, dated August 21st in 1988. Lot six, uh, Jennifer Hullwig and uh, Dell Hullwig, lot seven, Dennis Frasier, Frasier, Oh, the applicant is Dennis Frasier, Frasier Land Surveying Services Incorporated. Surveyor is Frasier Land Serving Surveying Services Incorporated. Current zoning is a agricultural district and RR single family residential district. Current lot is six lots [snorts] totaling 23.2 acres located at 1,330 ft south of the intersection of Church Road and Frymouth Road on the west side of Fryouth Road. This is located in council district 1. Staff.

Yeah. So, the applicant's request is to essentially add the two uh lots outlined in green um to the future Night andale subdivision um which is outlined in blue um with access coming off Night andale Court um the road right there in the middle. So earlier this year, you might remember RZ2506 um which is going to be lot one was reszoned to RR for the purposes of creating two threeacre lots. Um lots two through six were platted in the9s as part of bird song meadows at the time. County zoning allowed 3acre lots in the agricultural district which again nec necessitate required um formouth to reszone to RR to have 3acre uh minimum zoning. As I said um the lot owners that are currently within Birdong Meadows are undertaking a separate process to separate um and establish a new subdivision called Night andale subdivision. Uh this new subdivision will fit in with the existing land use pattern of the area. Um the median lot size in this area is just over 3 acres and the average lot size again is um about 3 and a/4 acres. Terms of technical requirements each lot will be served with both individual wells and individual wastewater systems. Um, as I said, access to the lots are is going to be provided um by Night and Gale Court, which is a pre-existing uh subdivision street. Um, there's no water natural natural water courses or flood plane considerations on this parcel. Most of the lots are built out. I think the only lot that doesn't have a house will be the lot one. Um, and that h developing that house won't present any storm water concerns. Um, we didn't receive any letters from

the public. We received our usual letter from the Soil and Water Conservation District kind of giving best practices for developing the the vacant lot. With that being said, county staff advises that the proposed plat meets the technical requirements of the county code. Any questions for staff? Hearing none, ask the applicant to come forward. He's not the Oh, you're not the applicant? Did you tell them? I did. Okay. Okay. You hold on. So the applicant is not here. So I open the public hearing for P25-12. So you're here to speak.

Yeah. Okay. Let me swear you and you saw me swear uh swear or affirm that you'll tell the truth, whole truth, and nothing but the truth in these proceedings under the pains and penalties of perjury. I do. Please state your name and address for the record. My name is James Ganley. Uh my address is 1955 Nightingale Court, St. Paul, Missouri. Uh it's lot uh two on that plat. Yeah. Go ahead, sir.

Okay. I'm here for uh Dennis Frasier of Frasier Surveying and whatever. And I wanted to first of all bring you up to date on where we stand in the packet of material that was uh prepared by uh Jared Young. I guess he's here somewhere. I don't know. Hi. Hi, Jared.

Um I don't know. He may have mentioned this, but there are some errors in that. Uh uh there are five lots there five lots that are currently in Night andale subdivision. We have to separate ourselves from night from Bird Song Meadows in order to be po be possibly included in this new subdivision which is Nightingale subdivision. The first thing that we have to do is amend the bird song meadows covenants and we have already done the fulfilled those requirements. We have the consent of the more than 51% of the lot owners which is required for an amendment. And we have the certified uh the notorized signature of uh the president of uh Bird Song Meadows Homeowners Association verifying that those uh signatures have been obtained and he has signed the actual amendment document and that signature is notorized. Uh so that's where we stand right now. There were some comments made in the in the packet of material uh about things that we needed to do. Uh we have written our own um indentures and covenants. Now uh we have also written uh bylaws uh which don't get submitted. We just keep those for our records and we've written rules and regulations. The

bylaws tell how we operate. The rules and regulations along with our indenture uh tell us how we're you know exactly how we're going to do things. All that stuff has been done. Uh the covenants when they get submitted, I'll be the one who signs for those. Uh we already have a Night and Gale Subdivision Homeowners Association. I think it's called Night andale Homeowners Association. We have an employer identification number and we know how we're going to operate. Uh, and we and we have an employer identification number, but we can't do anything until we're actually registered with the state as a nonprofit uh corporation. And uh that has to be done when the platt is approved and when uh our covenants are I shouldn't say approved I mean duly recorded with the office of uh recorder of deeds and uh so we've done everything that we need to do except get the approval of all of the lot owners. There are seven lots involved here. Uh there is one lot owner who at this point hasn't agreed to sign page two of the uh the plat which you I think you guys have been reviewing. Um actually uh uh Mark Price I believe is his name. Does that ring a bell with me? right here.

Yeah, he rings a bell. Oh, you're here. [laughter] Nice to meet you. You want to meet everybody?

I Okay, I've talked with him about page two of that plat, which I'm told it's required that all of the lot owners have to sign and their signatures have to be notorized. That's how they say yes, we want to be in the subdivision. Then the five lots that have mortgages have to have the notorized signatures from the lender, from a loan officer or something like that. Okay, that's a bit of a problem, but we can do it. There's one situation that's really difficult for us. one of the ladies who uh is the sole owner of lot number four I believe uh Mrs. Overamp. She got a loan from some place in Chesterfield and they transferred it to California. It's going to be difficult for us to get somebody out there to pay attention to us. But here's what we plan to do. I have here two copies of the plat page two as it exists and one copy of page one. We're going to put these in a tube and mail them to the lending outfit in California. We have a phone number that we can hopefully reach a loan officer and tell them what we're trying to do. for um these lots to join this new subdivision will be an advantage to them because we have

essentially had no uh you know even though we've been part of Bird Song Meadows they haven't really enforced a lot of their covenants they've just kind of left us alone and we have a lot of problems one is that I was the first one that moved onto that side. Those five lots, you can't get to the other side without going around on the main road as you well, you can't see it on that part. One thing you can see there is the night andale court pavement. Um that's [snorts] 50 foot wide private road utility easement and at the culde-sac it's 65 ft in radius. Those things are plenty big but the culdesac is in the wrong place. The southwest corner of my lot, the metal stake that defines that location is underneath the pavement. The pavement is on part of my property, which I don't mind. It's on my neighbor's property and it's on the next one. But the but the uh the way the thing is laid out now, that culde-sac is elliptically shaped. And uh when vehicles come around there, you know, the the homeowners there and some cases they put these brick uh mailboxes there. There's a school bus comes down there. Now the school bus has to stop, pick up the kids, then back up and take a different angle in order to keep from dragging the wheels the back wheels on the center part of the culde-sac and tearing up the edge of the road. that lot. Um, what is that? Lot number

Okay. Five. Lot number five. Okay. Let me I've got a a technical question. Sure. So, uh, if we approve approve this plat one lot holding out, what's the impact of that? So, basically, you this is a preliminary plat. Yeah. So um nothing can be recorded off of this plat. Okay.

So once this preliminary plat is heard and if you if you all recommend approval um and then we get it to meet the technical requirements which we which we say it does um they would then need to file the u final plat with us. Okay. And once the final plat is applied to us and and it meets all the technical requirements, then we would get all the signatures and the bank signatures and then we could get it recorded. Okay. Now, so the So we just need to approve this, right? Yeah. Okay. Could you hear him? So we just need to approve this. So they're asking us for step one, but he's actually already working on step three. Yeah. Okay. So we just need to approve this. Yes. Time out. Okay.

I hate to cut you off. We'll close the public hearing. Okay. Uh chair will entertain a motion. Um yeah. So what we're going to do is we're going to vote and we're going to approve your application. You win. You win. And what what are you actually approving? The preliminary plat. The preliminary plat. Yeah. Okay. Yeah. That's page one. And then you have to take care of everything else. So Right. Yeah. And that's that's what I wanted to ask you about this. We we have no control over that. We we still have to do the technical

Dennis Frasier wanted you to know that these actual pieces of paper we hope will get notary notorized signatures on them from the lenders. And then he thought this 24x36 piece of paper would be adequate for reproduction which you do require hang question for y'all. Right.

So the the the the the next step after planning and zoning commission approves the preliminary plat would be for Dennis to file with us a final plat. Okay. And then we would review that administratively in our office and as soon as it met all the technical requirements, we would then have you go and get all of your signatures. Okay. Okay. So, hold off on getting signatures for now. Yeah, sir. Back to the mic. Well, he can't hear. Huh? Oh, he can't hear. Yeah, that's the issue. Oh, a lot of people can't hear. I know. That's okay.

Are you okay with a document this size being reproduced faithfully? I don't know. Yes, when Jared says when the time comes for recording the document. Yes, we are 24 by 36 is perfectly fine to meet the technical requirements, but at the end you have to get my signature. So, I'm sorry. I said at the very end you have to get my signature. I have to sign it at the very end. But that's I'll do it. Don't worry. And [laughter] and staff will take care of making that happen. Um your your signature will be on on this because there's a signature block. Yes. So confusing on the on the final plat. Okay. Now let Jill entertain a a motion to approve P25-12.

So moved. So moved. Second. Oh, you got it. You got it. Now, within the next few days, hold up. Hold up. We have a motion to consider. Hold up. Within the next few days, lot seven may be removed from that. That's okay. Yeah, it was just a preliminary plan. You you can remove lots, but you cannot add them. So, you can remove lots. Yeah. Yeah. Okay. So, Mr. Baker, how do you vote? And we would re remove that signature block. Correct. From page two. Correct. Yeah. Okay. Can I be it? Can I be it? Mr. Baker, how do you vote? Yes. Uh, Miss Bar? Yes. Mr. Shell? Yes. Mr. Knee Miller? Yes. Uh, Miss Kurtner? Yes.

Mr. Quinn? Yes. And I vote yes. Your preliminary plat's been approved. You win. Cool. Go get your signatures. So, [laughter] I would have y go ahead and have Mr. Frasier give me a call and I'll I'll walk him through the rest of it and hopefully in a couple of days I can get an answer from lot seven owner. So, yeah. Good luck. Nope. We're not done yet. Um, next thing on the agenda is approval of the September 17th, 2025 meeting minutes or any additions, deletions, or corrections to those minutes. We're all finished with you. Yeah, you're good. You can just call Mark. Okay, you're done. Yeah, just

hearing no uh additions or delations or corrections to the September 17, 2025 meeting, minutes entertain a motion to approve said minutes. Is there a motion? Yes. So moved. Is there a second? Second. All in favor of approving the September 17th meeting minutes, sign I I. Meeting minutes are approved uh planning and zoning division updates. Robert, I always say. Okay. Um I'd like to thank uh Denise Amara who has been appointed to the planning zoning commission and of course Joe Quinn you met tonight. Thank you for your service tonight. Quit it. It's been a very long one. It's not normally this long. for my first one. My first

also let you know that Brian Weise, who has for so long been our um our attorney that's served with the uh planning zoning commission, he is employed by someone else. He took a different job with the city of St. Charles. So tonight, u we have Mark Zu here with us and I want to say thank you for that. And that's it. Did you get overtime? Darn. But I might

I have one other request. When when this whole thing started a few hours ago, you were reading from like a preamble document or something like that. And I have no idea what you were saying. Can I get a copy of what you were reading from when we first started? Um, you don't need this, do you?

Can I motion to adjurnn? Yeah. No, you can keep it. You can keep it. Donation from the county. Uh, chair obtain a motion to adjurnn. Is there a motion? So moved. Is there a second? Second. All in favor say I. I.