Planning and Zoning Commission - Regular Meeting

board up here.

All right. Well, let's uh

just show. There you go. We're good. Okay, we're good. Yes, sir. Thank you. Plan on the commission meeting to order. Ken Crowder, please call role. Chairman William Hardrick, here. Mayor Marty Little here. Steve Olsen, here. Mark JRo, I am here. Councilman Lee Furnus here. Janet Dietrich here. Angela Williams here. Joe Bond, city attorney here. Katie Sanders, community development here. Diane Robinson, community development here.

Thank you all. Please stand for the pledge of allegiance and remain standing in remembrance of our service members, please. Thank you. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Please be seated. Thank you all for coming coming tonight and zoning commission meeting. Um hopefully everybody's been enjoying the the weather the beautiful weather outside. While we'll open the floor up trust everyone's read the previous minutes open the floor for a motion to approve the minutes from March 31st.

I'll make the motion. I second it. Can Thank you, Steve. All those in favor. All those who oppose that motion does carry. We will now begin the public hearing. Uh please be advised the plan and zoning commission is an advisory board that makes recommendations to the city council. All approvals are granted by the city council. Okay. So anyone here from 1978 inner belt business drive in Belt business center drive. Come on up. Come up. State your name. Nature your business. Please right microphone. Uh Crystal Anderson with Protect Roofing.

Okay. Tell us a little about your business, Kristen. Uh, so we are a uh sales and marketing roofing company. So we don't do any installations and we don't have any equipment. We just do the sales side of it and contract crews. Thank you. Straight to Katie for additional comment. Thank you, chairman. So thank you. Um, in terms of the definition, I believe your staff report says that they're a construction contracting office, but due to the nature of the roofing materials that will be stored, even if they're temporarily being there, and I believe you also have some uh business vehicle there as well.

I did put on the application that there would be one vehicle overnight, and that was only to protect if somebody did leave a lettered vehicle over an evening, but it's not standard protocol. Okay. So, I um I just wanted to make sure everybody understood the appropriate land use for this business is a construction contractor specializing in roofing repairs and installations, which is also subject to a conditional use permit. So, there's nothing extra that you have to do because we're changing this. It's just a definition um issue.

So, um again, by definition, it's not a construction contractor's office. The submitted letter of intent states that the business will be an office wholesale business storing non-hazardous roofing materials. A construction contractor's office per definition does not include the storage of any construction material or inventory of parts or equipment. The storage or parking of any construction vehicles, trucks or equipment, including construction vehicles, trucks, or equipment owned by employees or independent contractors, or the use of the premises as a location for construction employees or independent contractors to report for work or dispatch to work site. These activities are permitted only as part of the conditional use of construction contractor in the M1 zoning district. And what I just read you is the definition and it strictly states that this is a construction contractor's office within that definition of an office. Additionally, the description of proposed use of property attached to the letter of intent had some conflicting information to the letter of intent stating the property will not be used as warehouse or bulk storage but for short-term storage of materials. Um,

so what are the storage needs exactly of the facility? Um, so typically all of our materials are purchased directly from the supply house and the only time that material would be on site would be maybe overnight or two days at most. But typically we don't house anything unless it's either being brought back by one of the sales guys from a from a job site and then they are taking it to the supply house or they're picking it up early because of time restraints in the morning and storing it there on site. But typically, trust me, I don't like keeping material too long. It's expensive. Um so it's not stored there um for any length, but it would be there and and so even if it's there short term and they're picking up and and taking it. Correct.

So construction contractor is the appropriate definition.

So um I apologize to the commission for any confusion and and that it wasn't vetted a little more carefully prior to the meeting. Um again, it doesn't change anything. She would be here this evening before you. Regardless, um it's more so um in terms of the terms of the uh conditional use permit itself, making sure that we're defining um the specifics of it. Um M1 zoning district is the appropriate location for a construction contractor. The M1 zoning district is platted for industrial type land uses. Um please note also they requested outside storage for a dumpster which is required for waste disposal. Therefore, unless the applicant intends to have multiple dumpsters, I do not see the need to approve outside storage for a waste container, they're required to have a waste container. Additionally, there's a variance on file related to dumpster enclosures not being required. Dumpster enclosures, not dumpsters. However, the dumpsters are required to be kept on the inner portion of the two buildings, the back of the units by the loading docks. So, I just want to clarify that on the dumpster. I don't believe you need outside storage for that, but it is required to be at the back of the building. Yes.

Okay. Um, per the zoning coordinator, the site plan appears to meet the zoning requirements. Staff supports the applications with emphasis on the land use designation as a construction contract. Thank you. Yes, sir. See the Attorney General.

Thank you, Mr. Chair. Um, I made um if you look at the uh exhibit B for the CU in front of you, uh there were references to a construction contractor's office. I've made those changes in the document I have in front of me um to more reflect the accurate um uses discussed. Um in terms of outdoor storage, I know we just talked about the the dumpster. Is any of the materials that that are kept temporarily on site, would that be kept in the building or outside of the building? It would be inside of the garage.

Okay. So, in that case, um the current number five condition, which is outdoor storage of a waste container. I was just going to remove that entirely because that's not applicable. They don't need outdoor storage. Um, and I will change that to say outdoor storage of uh is prohibited, right? That's the language we usually use, right? Yes, sir. Um, other than that, um, seems like a pretty straightforward C. Um, so if you have any questions on what I've drafted or the applicant,

one other thing I would like to mention is if you could provide the vehicle that will be there overnight, we request like your make model that just so that if there's ever an issue, our police department has that information. Okay. I'll verify with my assistant and get over to you. Thank you. Uh, just clarification, days and hours, Monday through Friday, 7 to 5. Correct. Okay. says six and six on maximum ship. Any questions or comments from the commission? Yes, ma'am.

I noticed there's two different spellings of the word um on on the piece of paper that this lady put in. She spelled it protect and on the application and all the other words, it's two Rs. It has two Rs.

It does have two Rs. Okay. have to ignore all turn spell checks right there. There we go. I like that. Anybody has any additional comments or questions? We'll be sure to notate that. Any questions or comments from the audience? Okay, seeing none, I open the floor for a motion to recommend approval with conditional use with stipulations as presented. So moved. Second. Thank you, Steve. Thank you, Kim, for that second. All those in favor? I.

All those who oppose. And motion does carry over for motion recommendations as presented and discussed. Make that motion. Thank you, mayor. Second. Thank you, Councilman Furnus. All those in favor? I. All those who oppose. And motion does carry. Thank you so much for your time. I'm pretty sure Katie may reach out to you soon for additional information or just come to the So the next council meeting would be May 11th. We'll see you. That's where final approval is given. Yes, ma'am. Perfect. Thank you. Thank you. Have a good night.

Is anyone here from 9387 Page Boulevard? You step forward. State your name, nature of your business, please. Yeah, my name is Tony Shelton. I'm here with Captain D's. Yes, sir. Yes, sir. Right to Katie on this one. Actually, thank you. Questions. Go ahead.

This is an application for a fast food restaurant with drive-thru services. This is a change of business ownership that occurred well over a year ago. Therefore, the conditional use permit could not be reviewed and approved administratively. There is a cap on the 90 days. After 90 days, it has to come back to the commission. Uh, this site was newly constructed in 2017. Per the zoning coordinator, due to the variance on file related to the per perimeter landscape, excuse me, the site appears to meet zoning requirements. The proposed business hours are reduced by 2.5 hours a week from the previously approved business hours and parking requirements are sufficient. Staff supports the applications. Thank you, Katie.

Yes, sir. City attorney Joe B. Yeah, this is a pretty straightforward one. This uh would have been one of the things that we would do administratively if it were just timed up a little bit differently, but it wasn't. So, here we are. Thank you. Any comments or questions from the commission? Anyone want to? And just to to clarify, the previously approved days and hours were Sunday through Thursday 10:30 a.m. to 10 p.m. Friday and Saturday 10:30 a.m. to 11:00 p.m. And they're proposing 7 days a week from 10:30 a.m. to 10:00 p.m.

Okay. Thank you. Any questions or comments from the audience? Seeing none, I will step in and make one more comment. Seems like a Thank you, Mark. Nob brainer. Okay. So, open the floor for a motion. Recommend approval uh conditional use permit stipulations as presented. So, move to approve. Thank you, Steve, for the motion. Second. Can I get a second council? Thank you. Um all those in favor? I All those all those who oppose. Motion does carry. Motion to recommend approval of site plan with stipulations as presented and discussed. I'll make that motion.

Thank you, Mayor. Second. Thank you, Ed. All those in favor? I. All those who oppose. The motion does carry. Uh, thank you so much for your time for this evening. Our next council meeting will be here in the chamber on the 11th. I I I think that they might be okay on this one. Mayor, uh, you'll be fine if you're not here. We appreciate you being here tonight.

Anyone here from 9560 Page Avenue? 9560 Page Avenue. 95 Page Avenue. Alan Cora Machado. We're standing up. Well, come on up here and state your name. Make sure your business, please. I'm Melissa Schultz and I'm helping Alan tonight because he's out of town doing hail damage assessments. Thank you for being here with us. Thank you. I'm actually go straight if you you want to include him. Yeah, absolutely.

We kind of had this conversation before. He's out of state right now and so he had Melissa come in to represent him and we said that we were perfectly fine with him via phone and it's called what the what the hell what the hey auto auto repair. Okay. So this is here. Okay. Hi everybody. You hear me? Yeah we can hear you. Okay. Okay. Well, I'm go straight to Katie on this one.

Thank you, chairman. This is an application for an automotive repair facility specializing in dent repair. The location is a multi-tenant strip mall.

During the plan review, it came to staff's attention the strip mall is located on two separate parcels and the two lots require consolidation. There are multiple variances on file as referenced in the staff report and per the zoning coordinator. Due to the variances on file related to fencing, a sign, landscaping, off- streetet parking, and required parking, the site appears to meet the zoning requirements with exception of the required lot consolidation. The applicant has indicated they will have one vehicle on site overnight. However, have not provided the coordinator with the year, make, model, and then for the for file purposes. Additionally, the applicant indicates they will have customer vehicles left on site overnight, but does not propose and/or indicate the number of customer vehicles. Staff recommends this number be limited as this is a strip mall with multi-units that require customer parking. Otherwise, staff supports the applications of course with the lack being consolidated.

Thank you, Katie. I appreciate it. Yes, sir. City attorney Joe Bond, any additional comments? Thank you. So, um, as Katie mentioned, um, there are a few kind of outstanding questions as to just number of parked vehicles and stuff like that. Um, we could work that in to the um to this CU document as it stands right now. There's not a term for that yet because I didn't have a number, so I didn't want to put one in. Um, understand.

But based on what the applicant's asking for, we can go from there. Other than that, seems straightforward. Thank you. Any questions or comments from the commission? Do we know how many marked spots are currently on there? There's some on the uh be the top of our page. Looks like that's the west side for cars parking that are coming to the service. Correct. It would not probably it would not be over five and they park in the garage. And then he has one company car that he

If I may, um I believe he did send me the information about the vehicle. Can we verify it's a Prius? Yeah, it's Thank you. I wasn't aware. Yeah. Awesome. How many spaces are inside? Five. We'll work with you guys. And those will permanently be in the building. Yeah. You won't see them. They, you know, they're fast. Yes, ma'am. If that's the case, then there's no need to add anything other than the company vehicle might be there overnight. So when we talk about

you might want to specify that vehicles be that are there overnight be kept inside the building. Sure. Sure. Sure. I can if the commission so chooses. Yeah. I was I was going to ask that question too. That's my followup. Definitely. Or so if Yeah. The Prius I know you mentioned that one. So, if it's if it's overnight, we'll need the the the vehicle information, but if it's inside, we'll need those kind of things.

I I mean, in terms of the the the business vehicle, if that's overnight outside, I'm talking about customer repair vehicles more so if they are kept inside the facility. Yes, ma'am. Any additional comments or questions from the commission? Yes ma'am. Do you have other facil or does he have other facilities in other states? Do you have other facil I think they Yeah, they do. Okay.

How many other last few years we have um we moved our St. Louis to become our main criminal location. Uh we've been doing business in South Illinois right across the river in St. Louis. And um this last year we were voted the number one company in St. Louis area which we're very proud of. Um we have excellence in our customer service and the work that we do. So I don't I think that's kind of answers their question.

It's a really fun this place. We have been doing everything accordingly. Um, and it's been our top priority to get things figured out with the city of Overland. Uh, unfortunately, there's some things that were out of our control because of the because of the disputes. So, we are renting from the public administration and uh and I don't know. And then apparently they're they're not fully uh prepared.

And I can speak on that. So this properties in probate and they have a public administrator out of Phelps County. So they, if you will notice on the applications, the dates are from October of 2025. It's been a long process to get them here. They filled out their paperwork, but there was people signing the documents that didn't have the authority to sign the documents. We finally got in contact with the public administrator. She started signing documents. So, it moves kind of slowly, but we're trying to get them to the finish line. Thank you. Well, it's been consistent indication, which is always a good sign. Very much so.

Any additional questions or comments from the commission? Anything for the audience, city attorney?

So, um I know we had language that said conditional use contingent upon approved lot consolidation. I've added some language in there to say all necessary lock consolidation applications shall be made within nine months. Uh because it's in probate, I do want to give them some time to be able to do that. But obviously, we want the lot consolidation to occur as well. Also, I don't know exactly. Trying to give some leeway to get things resolved. Um, I was also going to put in a provision that would allow the the commission to extend that time frame if, you know, um, the probate court takes a while. I would defer to the mayor how long some of these things can take, but

um, I I just want to make sure we're building in enough time that the lot consolidation doesn't ruin everything else and we have to come right back here. It's a good call. Thank you. It's a good call. Any any questions or comments about what city attorney just said? Okay. Well, seeing no additional comments or questions, open the floor for a motion to record approval with conditional use permit uh with stipulations as presented. I'll make the motion. Thank you, Ken Crowder. I second it. Thank you, Steve. All those in favor? I

all those who oppose the motion does carry. Motion to recommend approval with site plan with stipulations as presented and or discussed. Approve. Thank you, Councilman. Second. Thank you, Steve. All those in favor? I. All those who oppose. And motion does carry. Uh, thank you all for your time this evening. Thank you so much. Can we just get Are you Alyssa or Alyssa? A L. Thank you. She had that. I had Melissa. We just made it. Thank you. Thank you all for your time.

They'll be back here May 11th. May 11th here in the hand of the chamber at 6 p.m. Um, anyone here for 1540 Fairview Avenue? Step for us, state your name, the nature of your business, please. Julie Williams with Walter, Inc. looking for conditional use for uh moving into a potentially new building. Tell a little about your business. Um we're a material handling business. Uh we do forklift, sales, rentals, uh service, parts. Um anything in racking, anything warehousing you want to put in it, we do it. Thank you. Thank you so much for your time for being here this evening. Go ahead, Katie. I'm go straight to you.

Thank you, chairman. This is an application for a material handling dealer, wousing, retail, and on-site repairs, an industrial productivity partner, which specializes in sales, rental service, and engineering of warehouse equipment. This parcel houses two separate buildings, both of which will be utilized by the business. Please note, there is an error within the findings of the staff report that indicates there's insufficient parking. This is incorrect. The site does have sufficient parking based on section 400.470 C.2 storage warehouses, one space for every 1,00 square ft of floor space within the warehouse, plus four spaces for every 1,000 square ft of floor area and office use, or one space for every employee on the maximum shift, plus one space for every vehicle used in the operation of the use or stored on the premises, whichever is greater. The total number of spaces required by square footage is 44 parking stalls. And the total number of spaces based on employees and company vehicles is 49 parking stalls, which is the greater of the two requirements. The total number of spaces provided is 59 parking stalls. For the zoning coordinator, the site does not meet the requirements set forth in the zoning regulations. Due to a sideyard and rear yard encroachment, the property owner has applied to appear before the board of adjustment on Wednesday, May the 13th to seek approval of variances related to the setback violations. Staff supports the applications contingent upon variance approval.

When is the board of adjustments you said? May 13th. Thank you, Katie. Yes, sir. City attorney, any additional comments? Uh, yeah. Yeah. So if you look at your exhibit B for this one, pretty straightforward. Uh I don't know if there's required lensure to sell medical devices, but if there is, part of the conditions is that you have to have it. If you don't, you don't. But we always like to loop in any lensure as part of the zoning. Oh, this isn't the medical devices. This is not the medical devices. Okay. This is the warehousing equipment. The warehousing equipment. Yeah.

The next one is the medical Thanks for jumping in. I was joined to like my bad. I know we do a lot but not every Oh boy. So I think Joe's ready to go home. Should be even more straightforward. Yeah. Well, there's no further comment from me. Thank you. Yeah.

Thank you, city attorney. We appreciate you. Joe Bond, everybody. Joe Bond. Any questions or comments from the commission? Okay. Anything from the audience? Seeing no additional comments, um, open the floor for a motion recommend approval with conditional use permit with stipulations as presented and or discussed. So moved. Thank you, Steve. Second. Thank you, Councilman. All those in favor? I. All those who oppose. That motion does carry. Motion to recommend approval of site plan with stipulations as presented and/or discussed contingent upon contingent upon um approval. Correct. approval.

Varian approval. Yes, ma'am. I had that written in here at the wrong place. I got you. Attention. Contingent upon variance approval. I'll say that motion again. Motion to recommen approval with site plans with stipulations as discussed. Contingent upon variance approval. So move. Thank you, Miss Williams. Thank you for that second, Steve. Appreciate you. All those in favor? I Hi. All those who oppose. That motion does carry. Thank you so much for your time. We'll have a I ask one question. Yes, ma'am. Please. So, um, our corporate offices in Wisconsin, that's where I reside.

So, does somebody have to come back here and if so, when? Or do we wait till after the 13th? Go ahead, Katie. Mayor. So, May the 13th is a board of adjustment meeting. That's a legal board. Somebody will need to be present. It can be if you have a local representative that knows the ins and outs of the business and and potentially the site. That's what's going to be the focus at that meeting. You can have them come the city council meeting which is on May the 11th. They will be presented to them contingent upon the variance approvals. Then it's a good thing to have somebody here in case there's a question at your final approval. Again, it can be a local representative. So they

Okay. Um yeah, the 13th the seller of the property because we haven't bought it yet. This is we wanted to conditionally make sure that we get a conditional use before buying it due to their nature. Yes, ma'am. Well, Joe, did you write the conditional use permit for contingent upon variance approval?

Okay, so we're good to have them Okay. So, May the 11th and May 13th, all in one week, but you can have somebody local come to you. Thank you so much. Thank you for your time. Anyone here from 1990 Interbelt Business Center Drive. Please state your name, age, business, please, sir. Ed Vorhees. I'm the EHS and compliance leader for Salvent. Tell us a little about your company, sir.

Uh we're a medical device company. Been in uh business for about 35 years. Uh we do one device. It's negative pressure wound care uh for hospitals and home patients. Uh we in this in this location, this one of our larger locations. We we're moving from Weldon. We've been in the same location for about 20 years on Weldon Parkway in St. Louis. Um we needed a building that was in better condition where currently located. We've been in the same building for over a decade and the landlord is not as good on maintenance as the new landlord. So, Yes, sir.

Uh we the only business we do in in this location is we clean and disinfect product using just hospital grade wipes. So, there's no large quantities of chemicals, anything like that. Uh and I'll answer the licensing question. Uh so, we are licensed. We are required to be licensed by state department of health and pharmacy because it is a prescription only device. Um plus this location ships to other locations. So they may be licensed in other states like Arkansas. So they have to ship to Arkansas and we are accredited by ACC because we are a CMS provider for Medicare. So we are under those regulatory agencies too.

Thank you sir for considering all. It's a great place to live. Thank you, Katie. Thank you, Chairman. This is an application by definition and is retail establishment right specializing in the sales and rental of durable medical equipment and supplies. For the zoning coordinator, the site appears to meet the zoning requirements. The business will have three vehicles kept on site overnight and the company has provided staff detailed information about those vehicles. Staff supports the applications. Thank you, Katie. Yes, sir. Thank you. City Attorney Joe Bond, please.

As the licensing question was uh talked about, essentially that just says so long, you know, so long as you're required to have it, you have to have it. It makes part of the zoning. Um we have outdoor storage is prohibited. I believe there wasn't any request for outdoor storage. Uh but overnight parking of up to three vehicles so long as we have the vin. Um other than that, yeah, seems very straightforward. Um, you know, now that I'm looking at the right thing, just a question about vehicles. So, as we because I also work with fleet fleet partner on on our facility side. So, when when we swap out a vehicle, we should report that information. Yep. You can just send that to Diane and that way we have it on file.

It only happens about every four or five years. Yep. Perfect. That's just so we are on a lease plan. Yeah, we just don't want to lose track of No, absolutely. And they're all well marked with logo. That's good. Very good. Any questions or comments from the commission? Yes, ma'am. I have these two maps here and and it looks like it's the same area as the other one that we did at the beginning. Is that Did I get Yeah, it sounded like address. It's exactly the same area. Yeah, same building. I think it's the same. Thank you.

There's been discussion about uh approaching the property owner and potentially doing a PUD for that building because it is a unique building does have a lot of things that come and go out of it. So there is some preliminary discussion of kind of essentially coordinating a a PUD for the whole thing that would allow for a little bit more flexibility so it's not always being, you know, reviewed because it's a big site. It's got a lot of parking. Yeah. Um I was there for the first time today. So yeah, I came in.

And I will say that uh for us to move is very expensive because uh even just the infrastructure for us is is in the 40 grand range just for licensing because we have to be Medicare. Medicare has to come out and do CMS inspections, state inspections, all that before we move in. Um so it it is we hopefully this is a longterm another two decades because and our team is excited because of the condition of the good news. Any additional questions or comments from the commission.

Anything from the audience? Seeing no additional comments or questions. Open the floor for motion to recommend approval with a conditional use permit uh with stipulations as presented and discussed. Make the motion. I second. Thank you, Steve. All those in favor? I. All those who oppose. Motion does carry. Motion for approval of site plan with stipulations as presented and discussed. So move. Thank you, Angela. Second. Thank you, Steve, for that second. All those in favor? I.

All those who oppose, that motion does carry. Thank you, sir, for your time. We'll have a um council meeting here in the chamber on on May 11th, 6 p.m. Thank you. Going to move right on to our director reports. Thank you, chairman.

Very own Katie Sanders. The following conditional use permit was amended amended, excuse me, administratively per section 400.685, which is 9440 Midland Boulevard, Thai Kitchen, change of business ownership and property ownership. It's a restaurant with carry out only. There's no seating. There's um just pick up and go. So, I wanted to make you guys aware of that. We have What was that address again? 9440 Midland. I believe it was King Grill before. Okay.

So, there's another one that we have that's pending, but we haven't received the site plan yet, and that's Mini. So, we're working with them. They've got the application in. We know that the site plan's coming. They they just haven't gotten the it from the the plan designer yet. Um so, it's kind of getting close, but because we're in process, we're going to do that administratively. It's a change of ownership. Wow. That's all I have this evening. Thank you. Any unfinished or new business we need to discuss or talk about? Couple things. Go ahead, Mayor.

Yeah. So, let's let's think about uh the the procedure for requiring folks to come back in multiple steps. Um I think there was two here from out of town just tonight. There's a way that we could satisfy that by offering them a WebEx or something. nothing for you guys to do, but we'll work that out internally because there's no reason someone needs to fly here just to Well, and and that's we've had those conversations and said, "Find a local rep." I mean, they're in the area. Nine times out of 10, there's somebody around here that knows the Yeah, these folks, I don't know if they're just not open yet and, you know, they might go through the hiring process, that kind of thing. So, I don't know.

There's got to be an easier way of handling that. And I I don't I don't always feel comfortable telling folks you don't have to be here because that's going to be the one where a question comes up. So I'm careful in saying that, you know, unless I'm really confident. But um as Joe knows and Councilman Furnus knows in the past two years, I think we maybe had two questions for everything we've approved that would need an answer from somebody in the audience. If that Yeah, I'd say usually we have all those conversations pretty comfortable for the most part. Yeah. Yeah.

Um and then second item, we should all thank Councilman Furnishes for his year of service here. So, this concludes his one year appointment and we'll we'll have a new new face next month most likely. Will they wear his fantastic hats is the question. Yes. That's right. Fantastic hats. Point that out. Thank you, sir. Maybe somebody else will take up that responsibility. Maybe. Right. Mayor. Maybe. Okay. Any additional uh new new business or old business to discuss?

Okay. Seeing none, I'll open the floor for a motion to adjurnn. Make the motion. Thank you, Ken. Thank you, Steve, for that second. All those in favor? I All those who oppose? Motion carry. Means adjourn. 6:40 p.m. Thank you. Anybody hear from Mark? You can self.