Planning and Zoning Commission - Regular Meeting

Yes, sir. I'd like to call the April 29th planning zoning commission meeting to April 29th planning zoning commission meeting to order. Kenny crowd, please call ro. Chairman William Hardrick here. Steve Olsen here. Mark JRO here. Mayor Marty Little here. Councilman Larry Bennett here. I am here. Special counsel Joe Bond here. Katie Sander Sanders, Director of Community Development here. Thank you, Ken. Please stand for the pledge of allegiance and remain standing. Remember for our service members, please. Thank you. I pledge allegiance to the flag of the United States of America and to the republic for which it stands one nation under God indivisible with liberty and justice for all. Please remain standing just for our service members just remeance for them. Thank you. Thank you. Thank you all for coming out this evening, uh, spending your time with us, hanging out with us for a little little while. Uh, so we got a pretty pretty big house in here tonight, which is always good to have a crowd. It's good to see the council here. I mean, good to see the commission here. Thank you all for coming. Also, I we will open up with um I trust that they read the previous minutes from March 25th. Do we have any questions about those minutes? Open the floor for a motion to approve those minutes make the motion. Second. Thank you, Ken. Thank you, Mark, for that second. All those in favor? I I. All those who oppose. That motion does carry. Thank you. We will now begin a public hearing. Please be advised the plan and zoning commission is an advisory board

uh that makes recommendation to the city council. Final approvals are granted by the city council. First off, is there anyone here for 10445 and 10459 Page Avenue? Please step forward. State your name. Nate of business, please. Good evening. Matt Fogerty with Premier Design Group, 100 Midland Park Drive, Missouri 63385. Okay. Thank you. Tell us a little about your business. Uh so uh we're the engineer associated with the proposed convenience store quick serve. So it's a Royal Express brand uh the owner is here tonight that can help answer questions associated with the business itself. In terms of the site I'll give a brief overview. So that's what's there today. It's Matt let me let me stop you Matt. I'm gonna go straight have Katie make her comments and we'll kind of open up probably for questions in a little while. Thank you. And I just wanted to point out you need to make sure you speak into the microphone or it won't pick you up in the recording. And also there's a there's a little remote on that podium that if you need to get through that PDF that'll take you through it as as well with the arrows. Thank you. So go ahead Kate. You would like me to go ahead and comment first? Okay. Perfect. So we have two applications before us this evening gentlemen. One is for the lot consolidation of 10445 and 10459 Page Avenue which would actually have to be voted on first before we vote on the second application which is a plan development. Uh the application for the consolidation reflected on the consolidation plat are two parcels but there's actually three lots. The total square footage of all three lots once consolidated is 63,441 plus or minus square feet. The consolidation application as stated is um in conjunction with the plan development and would be required to be

approved to move forward with the plan development. The plan development did you guys want to go ahead let me go ahead and make my comments on that at this time please. Okay. Um, the plan development includes new construction of a convenience store, gas station, and quicks serve fast food restaurant with a drive-thru. Uh, for the record, a notice of public hearing was sent to the surrounding property owners within 300 ft of the subject property. There is a conflict between the letter of intent and the project report regarding hours of operation that does require clarification this evening. The letter of intent states 247 operation while the project report indicates 18 hours a day with with no days of operation indicated. So we we'll want to make sure we clarify that to include that within the uh plan development. Please note also an additional business license packet will be uh will need to be completed for the quickserve restaurant that was not uh included in the original application that was added in after the fact. Um, as indicated in the staff report, the site does not appear to meet the code requirements in relation to locationational requirements to other motor vehicle oriented businesses, the proposed number of service islands, landscaping, and signage. Further, the applicant is proposing parking stalls along the east side of the property to be installed at an angle, which requires cars to exit through the drive-through lane. These stalls have been labeled as employee parking only to restrict that parking from patrons. The existing west entrance on Page Avenue will be eliminated with only one right in right out entrance exit out at Page. The entrance and exit on Ashby Road will now excuse me will not allow a left out onto Ashby Road. Please note there is a cross access between the subject parcel and the property directly

to the each which can be utilized as well for exiting and entrances. That's going to stay there. The cross access is is going to stay. Yes, sir. Lastly, we would normally require sidewalk installations with new developments. However, MODOT project JSL0186 proposes installation of sidewalks and ADA improvements in this area by December 31st, 2027. As noted in the staff report, should MDOT fail to complete the project and install sidewalks, the applicant shall be required to install new ADA compliant sidewalks along the entirety of the south side of the property adjacent to Page Avenue by June 30th, 2028. The new sidewalk shall be connected to the existing sidewalk on the west side of the property adjacent Ashb Road. That's all I have. Thank you. Yes, sir. Special counsel Joseph Von. Yes. So, whoa. Uh, if you look at, um, focusing first on the consolidation plat, um, yeah, there are three lots. There's one that's kind of oddly shaped as well. This is just another instance where we're trying to find, um, old lots that buildings were built over and stuff like that that are now in common ownership and kind of unite that so we don't have buildings over lot lines. So, the first bill in your packet on that is is pretty simple, just a consolidation of those three lots. Um, which would be necessary to proceed on any kind of plan um to utilize the property. So, as far as I can tell, it complies completely with the code in terms of the the platting, uh, which is a ministerial thing then. So, you know, obviously I would recommend approving that because we don't really have a basis to say no.

Um, as it relates to the zoning, uh, similar, uh, to how we've addressed some of these new developments, um, we tried to kind of get an understanding of what they wanted to do on the property and kind of narrowly tailor a PUD or plan development to that purpose. Um obviously in this there are a few carveouts um related to that MVOB uh distancing requirement. Um this is not this was essentially drafted in a manner that would if they were not to change any plans this could proceed. But if there are certain plans that you would want to change, certain things that you wouldn't want to wave or decrease um such as like for example there's 30% of the site area is supposed to be landscaped. Right now it's 21.7%. um if there's a design that could accommodate something closer to 30% that is, you know, something that could be recommended and discussed, but as currently drafted, it doesn't contemplate that. It contemplates essentially approving their plan. Um I know there was at some point discussion about a drive-thru or the drive-thru potentially going away because of the fire department and an escape lane. I don't I I do not have any answers to that. I had a discussion with Matt to see if they had reached out to the fire district because, you know, that could certainly change their plan, too. What I would say to that, Joe, is there are similar restaurants in the area that do not have the escape lane, for example, Taco Bell, that sort of thing. Um, so I don't know that that would be a requirement from them. Yep. I don't either because I don't enforce the fire codes. So, Yes, sir. And different communities do it differently. some, you know, some fire districts are very

specific about the escape lanes and that I think they're called escape lanes. Essentially, a secondary lane uh by the um drive-thru if you were to need to leave the drive-thru for any reason. Um the plan doesn't currently have that, but I don't know if that's an issue with the fire code. Um that's for them to determine and to pass on the plan. Um but other than that, uh it's a pretty straightforward PUD. Uh we do integrate all those items that Katie had mentioned in terms of uh you know the installation of the sidewalks if the MS or if the MODOT plan falls through. That's something that they'll have to proceed and do. Um otherwise it's a pretty straightforward PUD. And obviously um I had drafted it to not be I think on the 18our understanding but obviously if there's more clarity to that or recommendations to the contrary I'm here to edit as well. So thank you special counsel. So can you give clarification about the hours of operation? Yes. So initially the thought was 18 and then ideally what they would like to do is have 24 hours and that is specifically based on you know market conditions and what I think they're going to anticipate on doing is starting at 18 and if they see it necessarily you know get to 24 but we don't want to have to come back here for another six hours. So that's where that's coming from. So the ask is for 24-hour operations. Unless there's, you know, obviously major opposition that we got for the drive-thru, can you talk more about that? Uh, yes. So, the uh

plan used for the drive-thru is is trying to make sure it's marketable for the small tenant space, for example, has been expanding quite a bit into service stations, etc. Um, you know, you take a look right existing conditions to take a look and shake there. There was no bypass for that family dollar there's no way to get behind that building you know in terms of hose lay etc. There's plenty of length in case of the worst case scenario. Well, luckily there's a retaining wall. You got a building. So, there's room for you, etc. Thank you. Any additional questions from the commission? Mayor, you have a question? This can be posed to the applicant or council or Katie, whoever wants to take it. What, as we all know, it abuts some residential properties there in the back. Uh what's what are the requirements and standards here for fencing and other boundaries uh and dealing with that since we're looking at an establishment open pretty late here. So I did draft in um if you see subsection five of section two fencing is required on the property to screen the commercial uses from adjoining residentially users own properties design built and maintained to be sight proof and prevent or otherwise mitigate vehicle headlights associated with commercial uses. So there is some language I tried to bring into that. Um that's essentially the same language we've been using on other um kind of commercial near residential to try to mitigate uh the spillage of lights obviously. Um if they have plans I think we're all looking for that language. Can you point

us to Yeah. So if you look at bill well doesn't have a bill number. Um the ordinance doing the preliminary site development plan. Um, so under the second item, it's under section two, subsection five. And I can bring up my copy if that's easiest. If it helps, if it helps at all, we do have that site proof shown. We call it a six foot tall vinyl, but we do have that shown. Plus, our site will sit lower than the area behind it. So we're actually double screen this case. Yes. As I was saying, there is a proposed 6 foot tall cyproof fence in addition because of where the building sits in relationship to elevation. It's going to be a little hard to see on this with that, but um what I was trying to point out is it's going to sit in a hole. So, the neighboring residence will sit above. So, there's essentially almost like a double screen where you'll have this wall and that fence above that. That's what I was trying to point out. Matt, you can take that microphone out if you need to. I think those may We've been having issues with that microphone, too. So, it's not a you thing. Uh, everybody found that language. Okay. And we can obviously beef that up as well if that's something that we want to focus in on.

Any additional questions from the from the commission? He answered, "You are going to have a 12oot fence back there." What I got right, it's a 6ft tall fence back there and then we actually sit lower than that. So you have a retaining wall and then this fence there. Thank you, Matt. Anyone? Thanks, Larry. Anybody else? Any questions from the audience? Please uh step forward, speak direct to the microphone, state your name, and please direct questions to us. We can assist. My name is Bob Becker. I live at four Handm Place in Overland, which is directly behind this proposed uh project. Thank you, Bob. So, uh, as neighbors that live behind there, we are concerned, particularly when I hear 18 hours at a minimum and maybe 24 hours, uh, with the residential houses behind there. Uh, gas station. I'm not sure we need more gas stations. There's quite a few near our home already. There's a quick trip. I I don't know exactly how far, but less than half a mile down Paige. There's gas stations, and that's if you go west. If you go east, there are some gas stations within about half a mile again of our home. If you go down Ashby Road heading u I guess that would be north, there's a gas station there about a quarter mile down the road. So there's quite a few gas stations already accessible to us. Uh fast food restaurants, those of you that are familiar with the area, there's lots of them on Page. I mean, all kinds of fast food restaurants. So, and I realize they've done their studies and they think this is a feasible project, but I don't think we need it. And I'm concerned about uh the effect on us. Obviously being a little selfish here. Uh we're a residential community back there. We've had trouble already with uh trucks parking overnight using as a truck stop. I would ask that whoever is the new owner put up signs, no overnight

parking, please. We asked the previous owner to do it and they refused. They wouldn't do it. So hopefully somebody would do that for us at least so we don't have 18 wheelers parking up against our fence in the back there. Um, so we are concerned about this. We want to be good neighbors and we hope that, you know, the new project will be good neighbors, too. But the minimum 18 hours is a little concerning to us. I know it could be 24, but at a minimum 18 hours. Thank you. So, those are some things I want to share. Is there anything else? Here's here's what I wanted to say. The current the current fence, now you may have addressed this, but I just want to make sure I understand. The current fence that separates us from Steak and Shake, what used to be Steak and Shake, is in horrible shape. It's literally falling apart. I've lived this house 27 years. It's never been repaired or stained or anything. So, it's been left to crumble basically. Now, I'm assuming you're going to replace that Okay. So, they've addressed that already, but just want to make sure. I think that's it. Thank you guys. Appreciate the time. Thank you, Bob, for express your concerns. Really do appreciate you. All things noted. Cool. Any other questions or comments from the audience? Anyone else from the commission has any additional questions or comments? Uh, I think we can probably address some of those. Um, start with the easy one and that's the overnight parking issue. I saw there was a request for minivan, but there's no 18-wheeler, no large vehicle storage, no nothing of the like there. Okay, please step forward. State your name. My name is DD Patel. I'm one of the

part. So, we don't know where that mini overnight thing came up, but we have no such use. So, there would be no overnight parking. Okay. Will there be signs posted also for no overnight parking? Yes, we can. Thank you, sir. So, the the letter of intent indicated on the original letter of intent that there would be a minivan, but I had actually discussed with DD after the fact and they said that they wouldn't have a need for that, but it's mentioned because it's in the original letter of intent. Okay. Thank you, Katie. Yes, sir. Katie, does this project have a car wash? No, sir. And the uses are specifically limited to the um essentially to be a gas station and a limited restaurant which may sell prepared food primarily on a carry out or to go basis with a drive-through window. So those are the only two things that could be there. Yes, they'd have to go back through and amend this whole ordinance um to add additional uses similar to how we've been doing like the the Domino's building and a few of these other ones to sort of So, they give you the food through a window or do you go in and get it? You could go in. Well, I I think you could both go in or there's a drive-thru. That's the Sorry, that's the intent of the drive-thru. U however is most I don't want to because we don't know exactly which user it is. Typically they give the option for somebody to order it through their application and then go and pick that up in store or order it and then go through the drive-thru accordingly. So either one of those options. Yes, correct. There's some in indoor seating so that was accommodated for on the site. A question I did have about the drive-thru. Um, is there going to be a

um like a order box or is this all going to be either through the app drive-thru or walk in? Um because in the past we've had issues with um the the order boxes being tuned a little too loud by residential and we've worked around that. Um yeah, as working through some of these before in the exact same scenario, um I believe most of them are now modulated based on ambient noise. Meaning if it's, you know, got 15 dB outside because of that diesel go up a little bit more, but I mean in reality it stays, you know, at a much lower. Okay. Thank you, Matt. Additional questions? Additional questions. Bob, please step forward, state your name one more time. Let us know you are one of No worries. Now that you mentioned that, I'm just curious the the food aspect of it. Is that also going to be 18 hours a day? Are can you speak to that? Is the food are we going to have that squawk box going at two in the morning? Mad Mr. Patel, please step forward, answer the question, please. Thank you. No, sir. uh exact hours. I don't know if we have a 100% locked in, but typically ultimate I would say typically if they serve breakfast, for example, they open at 5 or 6 and then they're open typically anywhere from 11 to midnight. Do there's an intent that it's a franchise restaurant? Yes. Please step forward. State your name for for the record, please. Yeah, we have this video recorded and if you're not at the mic, nobody can hear you. I'm sorry. You're okay, sir. Actually, we are State your name first, please. I'm a K Patel.

Thank you. And uh I own the like 18 liquor store. It's a Royals liquor. Yes, sir. And now we start with the Royal Express. We have like three gas station in the pipeline. So, we are right now working with the Dairy Queen and the one is Taco Spot. So like it's depends on the like restaurant requirement like 9 to9 or 9 to 10. Drive-thru is going to be a 9 to9 or 9 to 10. Okay. Not more than that. Not 24hour or not 18. Okay. Thank you. That was Dairy Queen. And who else? Uh the taco spot we opened the first location at St. Charles just opened yesterday. So that's the Arizona based company. In terms of the uh the 9 to 10, is that the entire restaurant or would that just be the drive-thru? Okay, I can draft that right into here to make that a limitation. Okay. Yeah, I think we can set the drive-through hours there. I think that would be appreciated by everybody on the north side there. Definitely. Any additional questions or comments from the audience? Please step forward, state your name. My name is Janet Dietrich. My question is the trash pickup and the grease bins, the noise that comes from those. I understand there's a lot of trouble from the McDonald's and a lot of the neighbors are worried about all the noise in the middle of the night because they're over there running those compressors cleaning the grease bins and then sometimes the

trash is picked up after code times. Thank you. Thank you. Special counsel or mayor. I'm going direct that to or Kirby. I mean KB direct that to one of you all. Yeah. It's not measuring once in a while. You got to bring them up. That's what it is. I wouldn't know exactly when the the Well, it's going to be a noise ordinance and I don't know the specifics in terms of, you know, what time the trash bins or or the grease traps can be cleaned. But I would certainly say that if it's something that's constantly happening and you could certainly reach out and contact the police department and if it's outside of the parameters of when they're supposed to be, the police department can make sure to notify them. My understanding is we enforce the county's noise ordinance that we don't have a city specific one, but it integrates the county's requirements. Um, that's my understanding because there's been other noise issues that we've had to look at and we have to kind of reverse triangulate from the county's um ordinance. And this has the trash enclosure built in as part of the proposal. Yes. Okay. It's on the left. Yes. I'm going to point out again is from a grading perspective because that's from a grading perspective since that trash enclosure sits lower that will actually be built into that hillside and then we'll still have the fence on top. So we'll have being built in got your enclosure itself and the fence that's a little higher up there. Okay, that makes sense. Just the way lay in this case

really does help the screen noise. Mr. K Katie, does the liquor store, excuse me, convenience store have liquor sales? Yes, they are proposing liquor sales. I believe it would be like any other convenience store and um Mr. Matt or Mr. Patel or DD can comment on that. Yes, you're correct. any other uh I don't want to go into to exact brands, but I can state without a doubt that almost every other convenience store has beer for sales associated with with it. So, and this does have a provision. If you look at number subsection 11, uh, if owner intends to sell alcohol, this is the second half of that paragraph. Owner intends to sell alcohol on the property, owner shall also secure all valid liquor licensing, an applicable state law to maintain compliance with the ordinance. So, um, that's kind of built and suspended in that if there are liquor issues that it would actually trigger a zoning violation, too. So, there'd be kind of a twoprong thing here. So, Mhm. feeling right. Bob, please step forward.

Looking at the drawing, um, and I'm no expert at this or whatever, but appears to me like this new facility is going to be much closer to our fence line. Am I wrong about that? compared to where the current stake and shake is. It looks like it's going to be almost right on top of us. And am I missing that or can you speak to where this is going to be positioned based on what I'm seeing on the drawing? So, in terms of the existing store location, so when Steak and Shake was in service, the drive-thru was facing the residence yet further away. Um, in this case, as part of the use, we've kept the building towards the residence, which would be the least intense item, and then left all the pumps in the front store along the front. The building act specifically as a barrier. We have the drive-thru that comes through there, but then we also have this retaining wall and the fence above it. There's also a 10. So, it'll be more quieter with gas pumps up front. Yes, sir. We're we're keeping Yeah, we're trying to keep all the traffic all traffic car lights, noises, all that. Yes. Correct. So just to clarify between you and the residents going to be retaining wall and the additional fencing that you mentioned before. Yes, sir. Okay. Would it be possible to portion off the drive-thru outside of drive-thru hours? I know like Chick-fil-A does that. They kind of block off the drive-thru so folks aren't driving through on non-b businessiness hours. Um, I don't think there's any legal issue other than maybe if like the fire district had some requirement that had to lane maintained.

I think that could work and keeping folks out from behind and driving through and all those issues. Good idea. Thanks, Mayor. Yeah. Okay. And uh I'll just add this too. For those who weren't at the council meeting last night, we've kind of seen the uh concerns and issues that come with allowing commercial properties to decay after years of non-use. Um this is a commercial location. Uh we've had some other applications that have been would have been detrimental to I think the neighborhood that we've foregone. Um especially those that wanted to run a car wash right along your back property line, that kind of stuff. So we've tried to eliminate the best we can the bad options uh of the options here with a new design here, working through all these requirements. I again is everything going to be perfect, but if there's an issue, we're always here. So if there's noise violations, anything that you know bugs you at night, let us know and we'll try to resolve those assuming everything goes forward here. But uh with that said, I think this is a good use of that space. Do we have too many gas stations? I mean as a resident I say sure. Uh but uh people keep investing to build them. I think there's just customers there and that's just the reality of these four and five lane roads that have a lot of heavy traffic and a lot of cars that need need gasoline. So, uh we handle these in order. Yes, sir. Thank you. Thank you, Mayor. Um so, I will open the floor for a motion recommend approval of the light lot consolidation at 10445 Page Avenue and 10459 Page Avenue as presented with stipulations. So, move. Thank you, Mark. Second. Thank you, Larry. It's been

moved and properly seconded. All those in favor? I. All those who oppose. And motion does carry. Open the floor for a motion recommend approval of plan development to include a convenience store, gas station, a quick surf, uh, fast food restaurant with drive-thru as presented and discussed with stipulations as presented. So moved. Second. Who was that? Second Mark. Mark Mark with the quick draw. And to make sure I understand the all the stipulations. Um just so when I'm drafting this, we go um as of right now, I have drafted the the restaurant operates from 9:00 a.m. to 10. Drive-through lane shall be blocked upon closure of that restaurant to prevent access to the drive-through lane as discussed. Um, in no instance shall 18 wheelers be parked overnight. I'm gonna lawyer that up a little bit more, but um, and otherwise I don't believe there were any changes. How about the idea of the cones? Yeah, mention that. What about the hours? That would be in that also, right? The offici. Okay. Yeah, the hours listed in here an hour only for the restaurant. As currently drafted, what's in front of you says no vehicles are parked on the property between 11 and 5. Um, cars do have to park to get gas. So, um, little common sense, right, guys? Well, sure enough. Sure enough. But is there an understanding of this is going to be open for 18 hours or 24? I think that's the one. That's what I'm talking about. Okay. Any additional stipulations that he didn't mention? Do you want have notated somewhere? That's what I got.

Okay. It's already been moved and properly seconded. That was for clarification. Let's move on to the vote. All those in favor? I. All those who oppose. Motion does carry. Thank you everybody. Thank you for your patience and answering the questions. Questions, man. Thank you also for the res expressing how you feel and what you think and everything. How you feeling because overland is a city, you know, we're we're a small community of just people who really care about one another and who we are and what we do. So, thank you all for being here so much. Thank you. I'm not kicking you out. Feel free to stick around, but if you would like to leave, feel free also. go find a planning zone to council, right? Oh, for the for Matt. I'll let Matt know. You got him. Okay. He's aware. We've discussed. Thanks, Larry. Thanks, Larry. He's g me breadcrumbs. I appreciate you, man. Anyone here from 9720 Page Avenue? Good evening. Good evening. Please state your name, nature of your business. My name is Jamie Mansfield and I'm with the law firm of Corals and Brady and we're at um 8235 Foresight Boulevard, 10th floor Clayton, Missouri 63105 and I am here on behalf tonight of Belief Medical and we are seeking a conditional use permit for a comprehensive marijuana dispensary facility with drive-thru. Okay. and you're up and running. There's up there for you. I didn't know if you wanted to go through first on the site plan, but I'm happy to jump in. We'll wait for him to give direction. Yeah, absolutely. Katie, thank you. Um 97220 Page Avenue

conditional use permit site plan review for a comprehensive marijuana dispensary with drive-thru. As Jamie had already discussed, um, as indicated in the staff report, it appears the site plan conforms with the current zoning requirements, there will be two company-owned vehicles on site. The applicant has provided year, make, model, and VIN of each vehicle, which will be made part of the conditional use permit. The site plan reflects more parking spaces than required per code. The applicant must obtain approval from the authority, excuse me, or authorizing entity, St. Louisis County for installation of the proposed entrance on Dealman Road. Per the applicant, the estimated number of customers expected is typically 350 patients on a busy day. Hours do vary for peak times, but typically those are from 400 p.m. to 700 p.m. Section 400.1025 outlines the standards for dispensary facilities and these standards which are included in the staff report will be made part of the conditional use permit. I have nothing further at this time. Thank you, Katie. I appreciate you. Yes, sir. Special counsel. Yeah. So, if we look at the uh cup uh drafted, it's pretty straightforward. Um, hours of operation 10 to 8, pardon me, 8 am to 10 p.m. Uh, there are a few questions I had about uh the existing entrance on the property from page is to remain ride only. That's how I drafted it. I don't know if that's was how it was going to remain. Um, and then there's a limitation that um the driveway drive-through window can operate so long as it doesn't start backing onto the street. Um, that's language we've used in the past where the stacking starts to get a little

dicey. Um, but otherwise, um, I don't I don't see any problem with this use obviously so long as they have lenture from the state of Missouri to which is also included in the conditional use permit. Yep. So, I do have a question. Is the drive-thru window will that um have the squawk box or is it a pre-order and they come by? That's right. Pre-order and it's prohibited by state the state rules and regulations. Um you do not have a menu board. There's no squawk box. It's all online ordering and then you get a window when you can pick up your order and you you come through and so it's it's pretty seamless. I think that the um time even on a busy day probably is two to five get through the line. So, and that's because no one can sit there, look at a menu, decide what they want. It's all done. Perfect. Thank you, J. Thank you. Thank you. I'll test it out and find out. Jesus. Well, I uh I I don't want to belabor this presentation, but I did do it. And um I do have my clients here. So yes um but um I do I have Kevin Riggs and Tom Muzzy um both from Belief Medical. They are founders and principles of Belief Medical. And I have also Josh Harshburgger from Cole um and Associates. That's our civil engineer on the project. Um and just a bit of it is just to go over background of belief medical and Missou's marijuana program which I feel is probably you guys have maybe been through this before but um and it's been in existence now for over five years. Um but just a nice little refresher to go through it. The existing site, the site plan and floor plan and then city of Overland zoning code related to us and our conditional use criteria. And so um you know one of which to come here is belief medical to me is is near and dear to the heart. I was part of um the application team when this first program came online and they

were um an original applicant pool and so all all Missouri all here still Missouri company not coming in from a multi-state operator of any sense. they they're here in Missouri. Um they were original applicant pool and multiple license award winner. At the time when the medical program first came online, you can only have 10 licenses to win and not very many people won one, let alone 10 belief medical with their application. And the team they put together won all 10. They won three cultivation licenses, two manufacturing licenses, and five dispensary licenses. So when it comes to terms of operators being in your city, you've got a good one. Um they currently own and operate again three cultivation, two manufacturing facilities, currently six dispensaries and just to clarify they manage five and only we say manage five at this time is because they actually own them. It's just waiting to get approval of that transfer of ownership at the state level. That has to go through DHSS and once that's granted they are considered owning those five licenses. um since the comprehensive program came online now more people can go and and purchase licenses and Belief Medical is is is able to do so and has done that and so it owns and operates several of these. It's seeking to relocate a dispensary license to this site in Oberlin and it's going to operate the comprehensive marijuana dispensary facility which will allow to do both medical sales and adult use sales and it does business as suede. So that's um we're registered with Missouri Secretary of State as a fictitious registration and that's what you'll see on there and if that's proper to add into the the cup ordinance it would be medical. I think we have that. Okay, Joe, don't we? Yeah. Um again, uh DHSS, Department of Cannabis Regulation has rigorous rules and regulations. There's commencement inspection. So every single camera, lighting, every single thing that has to go through looks at not only meeting the state's criteria, but a big portion of this is also meeting the city's criteria through a zoning and land use

application and approval. Um there's product security both internal and external. Um that has to go with the external cameras that are required and the closed loop circuit that must be saved in at least I think at least 90 days, but belief actually goes above and beyond that and saves it for a longer period of time. Um, there's also an interior vault that's required of every single dispensary that goes through a rigorous standard. There's quality operating procedures, they're called SOPs, and those are blessed by the state at the inception and reviewed year after year. There's inventory tracking and waste management protocol that all come from the state. And then last but not least, the constitution wrote in the local rules and ordinances that each city can adopt on time, place, and manner restrictions, which you guys did. So, here's the site right here. um and it's at 9720 page and it's in the city C2 commercial district. The use is permitted under section 400230D as a conditional use with it also has concurrent site plan approval and then it's also subject to your marijuana uses and conditional uses sections as well. And here is the proposed site plan that Miss Sanders went over with our team here. Um, I have our civil engineer here if there are anything that he would like to um, call out there. But as you can see, it has a drive-thru facility. There is the ability to stack those 10 cars um, back behind there. I think there is another commercial lot that's to the south, too. So, it's not abudding any residential or anything of that nature as well. So, when you go around that drive-thru lane, it it's just an a bordering another commercial entity almost industrial in nature. I want to say might be a U-Haul if memory serves. There's C2 and plan development around that. There's no residential around. That's right. Okay. Um here is a proposed uh floor plan. As you can see, um part of it just for education purposes. There's entry and reception way. And so what you do is you have to require to show your state ID or if you're going to make a medical sale, you have to show your medical card. That's part of it. They will not let you

in the facility if you do not have a state issued ID. You will be stopped at that re reception area and sent out. So if you're anything's wrong with your license or anything like that, you're not going to be let in. So that reception area you can see and then there's the retail space and you can see the large vault. The um window in which the um the sales the point of contact for the drive-thru will be made from that secure location in the vault. So it will not be with you know like a a drive-thru that will be accessible to those folks that are in the retail space. It's going to be locked in the vault which is another added security measure. Here are some proposed elevations um that come from SUDE and their architects. And then last but not least, your marijuana business um rules and regulations have certain spacing requirements that we meet um with respect to churches, schools, and daycarees and also with respect to other dispensary facilities. There are standards for dispensary facilities for no outdoor operations or storage. Absolutely. This product is safe under vault and lock and key at the point of sale. Um there's no visible product um outside the facility. Absolutely not. Nothing in the storefront windows. Nothing that you can show that says any product. There's specific rules and regulations from DHSS about what you can even advertise on your windows or have on there which is nothing and minimal. Um there's no on-site usage of the product. That's both prohibited by your code and also by state. There's a site plan required and then the parking and access which you know sometimes with these uses you can they you know, they stir up conversations about, you know, who's going to be on site and when and how they're going to traverse, but this site is built for this type of use. It has more than You guys have five spaces for every 1,000 foot of square feet. We are more than ample parking. Right now, is calculated we probably have additional 15 to 20 spaces extra. And that's counting the two vehicles that we want to place overnight. Um, and and just have at least place overnight. They

might not be there. They might be there. We provided that VIN information to you. Um the employees right now anywhere from 10 to 15 although on the site plan I think we referenced seven. So it might fluctuate. We just wanted to plan for the maximum that you could have and we're still um providing ample parking. Um there's also access to the facility and we're proposing three points of access. also the ride in only off page which will help with the congestion off that traffic and then also the new curb cut off Dealman Road but the existing curb cut between the site and that auto zone. I didn't see a name of that street but there is actually one that exists there. Um right now the drive-thru is requested um and that also goes through the conditional use permit process but again it's required to have 10 stacking and there's no squawk box. There's there's nothing of that nature to all pre uh online orders. Um, no nuisance. That's both order, odor, noise, anything on solicitation on on site, anything like that. We're subject to your city's code anyway, and we will remain and abide by that city's code. Security um is ample both indoor outdoor with the the camera system and backup. The signage will abide by all state and regulations um as well as those that are imposed by the city. Hours of operation. I wanted to note here that we did request in our letter of intent um 8 am to 10 p.m. Monday through Sunday, but we would like to respectfully request that because the drive-thru is not where it's an order only if there's the ability for us to um or order from the outside and wait and queue and you're going to have a lot of cars waiting. We would request that the drive-thru operations be open for 24 hours um respectfully, but the no one is allowed inside the building whatsoever. So, it'll just be the employees and those that are serving customers on um you know on those nights. I will say that um with respect to the drive-through facility and why the state

really prescribed and opened up rules and regulations with respect to this is directly related to the metal medical program. And so, a lot of folks um PTSD, other things and other ailments that this um you know this product treats, a lot of folks like to stay in their cars. A lot of folks have mobility problems and are driving and so the drive-thru has really proven a a great asset to those folks that are buying medical sales. Um again just moving through another conditional criteria too. We're going to comply with all applicable rules um of the city's code and we have met that through Miss Sanders. And then um we contribute to the pro to promote the welfare and convenience of the public. And I will say I do have um just here that I looked on that were provided here. In addition to, you know, that the city has passed back in January of 23, it's um 3% additional sales tax revenue to put into the city's kitty for whatever it needs um to to use that money for. On top of that, the uh use adult use sales are taxed at 6% on a retail se sales tax and then the medical are taxed at four. And of that, as of April 10th of this year, DHSS has transferred over 5.5 million dollars to the Missouri Veterans Commission, um Missouri State Public Defenders and DHSS for several senior citizen programs initiatives and both in all in equal measure between the three. And so year after year, it's been doing that since it since its inception and it's probably I think close to $30 million that has donated through this program to those causes. So the welfare and convenience and public necessary is here not only for the city but as the state of a whole. that's really proven itself as as a cause that gives back. Um it's not going to cause injury to the value of other property in the neighborhood as it will not, you know, be vacant. We're seeking to um purchase the property. So, we are in it for the long haul. We're

not leasing it and seeking to leave. We want to buy this property. We want to become a great neighbor to you guys. Um the nature and intensity of the operations involved will not dominate the immediate neighborhood. We are surrounded by, you know, planned use development. We're surrounded by other commercial uses. It's a current restaurant right now that hosts and seats a lot of people. Um so the intensity will still be the same. Um there's adequate off- streetet parking. There's adequate utilities and drainage. And I'm sure as part of there's much more smarter people in this room to discuss about how we might upgrade those through MSD and other um facility upgrades as we work through um you know our plan or that you know there's there's adequate utilities already there that we're seeking to re repurpose the existing building. just maybe get a little facelift, a little refresh. Um, and then there's adequate access roads that we're also seeking to improve to alleviate traffic. So, and there's adequate provisions for internal and pedestrian traffic with respect to our site plan. So, hopefully I wasn't too long-winded. I do have members of our team here to answer any questions. I will say yes, if the um I think that was it. Oh, and the the one last thing is that because of the ample parking that we do have, if there is an ability to say that we're going to have um the two vehicles there, but maybe we cap it at an x amount of vehicles and I can get my client to give that there. um not not a large amount whatsoever, but if it's five or seven, so between two and seven, but so long as we provide the VIN numbers to the city so they know exactly what's going to be there because we do have ample parking at this site, it would be nice to have the ability to park those vans there um if we needed to and subject to providing you with the ownership information. Yes. Just for clarification, you ask for overnight parking like for to to store vans there. Is that what you're asking? Just want to make sure I understand the question. Sure. And this is step four. State your name for the record. Kevin

Riggs uh founder and CEO of Believe Medical this facility. The uh uh the vans are primarily uh protection against the fact that we are now uh starting to put in place delivery uh home delivery from some of our sites. Uh we know we're going to need to be able to have those delivery vans there. Probably won't have that on day one. We just want to get that in. make sure we do that. Our vans are unmarked. They're small. They're city little city vans. Um, and they're plain white. So, we can't have any advertising. We can't have any of that. So, it's not, trust me, it's not a ploy to, you know, if I was I was going to I' I'd paint a VW band with our logo on it and sit it out. So, so that's that's the purpose of that. Thank you, sir. Also, for clarification, you asked, so you the restaurant hours are 8. You ask for 8 am to 10 p.m. store, but the drive-thru, you ask for 24-hour. That is correct. Okay. That's what I was driving by drive-through. So, it's going to be open 24 hours. Uh we want the ability to be able to do that. That's a trend that's moving now. And as um Jamie had mentioned, u you know, the access uh we're trying to create as much access as possible for the various different u user groups, if you will, or consumers. And everybody has a little bit of a different way to approach it. We try to keep as respectful as possible for people who may not um who are suffering from ailments that prevent them from wanting to get out of a car and walk in. They may not want to be around crowds. There's just various different things that we try to do and goal here is to be able to provide for the community. It's our dispensaries across the state of Missouri. We're we're a neighborhood brand. We just happen to be a big one. We win our neighborhoods. We work with our communities. our local law enforcement in every one of the cities we're in. We try to maintain very good relationships. Yeah. You go about security. You got security there. Yes, we do. Uh the uh uh

security we kind of gauge from uh store location to store location. Um and uh we are now only one facility that actually has an armed guard in it and that's our north Kansas City location. All the rest of them we have uh a security guard that is batons and tasers. So, it's a we're trying to move away as an industry from having armed guards with assault weapons standing at the front door because that's not a really great way to welcome to your community or to our business. And and what we have seen uh the value of product that we keep in our dispensaries is far less than what you're going to see at a convenience store or a gas station. And um we've only had, you know, one series of incidents uh in the St. Louis area. We were hit by three of them and there was a band of people that were trying to drive cars through the back dispensers years ago. Since that time, our our our point of conflict or anything was very very we're growing a plant that's you know made to made for people to be happy and made for people to feel good about it. And so our motto is smoke with love. Uh so we we try to maintain that kind. Thank you, Mr. Rigs. Okay. Any any questions from the audience or comments from the audience from the commission? Any additional comments? Yes. Go ahead, Mark. Um, I think the the the board will recall the difficulty we had with this type of operations about a year or so ago. This is a whole different level of operation here. If if we look at at the plans, if we look at the way the drive-thru is structured, um, and we look at the references, it's very impressive. Well, thank you. It's a good location. That's what I'm saying. Compared to the last one. That's right. Very good location.

Well, we're going to be proud to be the first cannabis dispensary in the city of Overland. So, we look forward to that. Yeah. I was I was elected April of 2022. We had everything in place January of 23 and uh what took you guys so long? Well, um believe it or not, there's not a ton of uh banking options for people in our industry. So, it's taken us a while to get this momentum. We actually bought this as a series of other dispensaries that we we purchased. It happened to be in conflict with one of our other facilities down on Cherokee at Cherokee and Jefferson. So we closed that and proposing to move this location like we studied the area pretty hard looked around. You got to look for gaps within the existing dispensary locations which this is callous desert fair accusation fair assessment of it but uh there's a hole in the map and we happen to find a site that fits an awful lot of criteria uh and distances various different things. So it uh uh locating them is is been a challenge. You'll see a lot of movement within the industry around the state as people are beginning to figure out patterns and understanding which neighborhoods, you know, what their purchasing. Yeah, as as Councilman Bennett said, this is about a perfect of a location as we could fit here. Um, we had some issues in the past with an applicant that was abing residential property and you can imagine the comments uh received and film to we watched the film. We studied it just in case you guys know somebody out there watching to get around 30 years of representing uh planning and zoning cases across the country and uh we we uh we've been able to apply a little bit of that knowledge. So, thank you for that providing it's very helpful. Sure. Yeah. to get around the spacing requirements with schools and all the other uh projects. This is

about the you know put all those circles of prohibition around it's about as best of a location we can we could have put you in. Thank you. Thank you Mr. Riggs. Thank you for that um also that one viewer for that video. We appreciate you all for that. Appreciate it. Appreciate it. Maybe three times. I appreciate Appreciate all three of you. Appreciate that. Thank you for your presentation also very informative. Any additional questions from the commission or comments? Anything from the audience? Seeing Seeing none, I'll open the floor for a motion to recommend approval conditional use permit with stipulations as presented. Do do we want to clarify the vehicles on site? They had asked for up to seven vehicles and is everybody comfortable with that? Yeah, I have no opposition given that it's next to a storage facility. I just wanted to make sure Joe could right now I have the two potential amendments as being seven company own vehicles the same provision instead of two it's seven and then um conditional use only operate from 8 to 10 8 a.m. to 10 p.m. Although the drive-thru may operate 24 hours a day if if we're comfortable with that that's what I have drafted. Okay. Okay. We have a motion. We have one. So move. We're looking for a second. Second. Second. Thank you for the second. Who has the first? Um Mark was Mark. Thank you. All those in favor? I. All those who oppose. That motion does carry. Open for motion recommend approval of site site plan with stipulations as presented and discussed. Second. That's so move. That was that Steve that you? Yes. Second was that may was you mayor. Did you get that one? It's been moved and properly second. All those in

favor. All those who oppose. That motion does carry. Thank you all so much for your time and your presentation. Our we our next council meeting here is going to be June 9th here in this chamber or they will get in contact with you for something else. Is that the date for publication and such? June the 9th. There's only one meeting in May. So we have to go to June. Sorry. Okay. May the 12th. So, June, looking at June 9th. June 9th. You all will be in contact with them also. Yep. Thank you all for your time. Thank you. Welcome to Overland. Welcome to Overland. Thank you all. Okay. Anyone here from 1531 Fairview Avenue? 1531 Fairview Avenue. Last lot subdivision 31. We had I discussed this earlier this week and I think you did as well. What we got may So obviously the applicant you know when they come they can speak to this. it. Similarly to the lot subdivision we talked about at the beginning where it does comply. So it's a ministerial act. We have to approve it. This one won't. Um it has some issues that might hinder the developability of the property. You know um the industrial district requires what? One acre of property. Yeah, manufacturing, pardon me. So, um bear with me at 2 point um it's like

two two and two and a right at two acres and M1 unless you abut an industrial and then it goes down to an acre. So, if they actually subdivide this lot two, there's proposed lot one proposed lot two. Proposed lot one will still violate two of our zoning ordinance or zoning sections. Proposed lot two, an undeveloped parcel is at a half acre, just over a half acre, also violates just as it sits as a vacant lot than two of our zoning sections. That means nothing on it, it's already violated. Yeah, we don't have a proposed development or anything. So it, you know, we've worked really hard to start trying to eliminate some of these plotting issues and, you know, Lacklin and Gabler being a good one that that took months of time to navigate and get there. And the purpose is to make sure that we're cleaning these up as we're going along, I don't think with all the work we're doing to clean them up, creating them on the backside looks good. And I guess I'm not suggesting we hear the case or vote or anything like that. That's my opinion. These are sort of my unvarnished views on it where you know we're going to have law coverage issues. Uh currently I think we did the calculations that 83% of or 78% of the lot is covered. So it does comply with lot coverage currently currently. But this plan would essentially lop off all that uh green space. So it would create a nonconformity with, you know, lot one because then they have to find more um green space um and then lot two would then become developed um and likely a intensive coverage situation. Well, it doesn't have the lot width, right? So even with

that, when you look at what the sideyard set sideyard setbacks are in the M1 district, it's like a 20 foot sideyard setback and you've got an 85 foot wide lot. So you're going to build a there been any indication that they're withdrawing the application or they just are they are just I guess no show. I haven't been in contact with them at all. I mean I sent out an email to everybody. Okay. Well, we don't have to worry about it. They're not here. I can open the floor for a motion to postpone. A motion. Second. Um the motion is going to postpone until our next plan zone and commission meeting which will be on 527. 527. It's been it's been moved by Larry properly seconded by Ken Olsson. Not Ken Olson. Let's make two people named right now. person because I moved my seat. It's by Ken Crowder. It's a move and properly second. All those in favor for postponement I I. All those who oppose that motion does carry. We'll look at this again at 527. Katie, on this on this issue, I have one question. Do you know what the the property owner's goal is here? To sell it. There's the first sale sign on the lot. I have not there's I've not been privy to any development any proposals nothing thus far I think they put the cart before the horse to sell and realized all these issues exist okay we'll move on to our director's report thank you chairman I have two items to report 9636 Boulevard BrightArt Academy a daycare has changed ownership the business name is changed to Brightart Academy doing business as O2B

kids Overland. There's no change to the operation. The original conditional use permit will be admin uh excuse me, amended administratively. The next item I have is 10200 Page Avenue Fire Chicken. The carry out restaurant has changed ownership. Also, business name will remain the same. The hours of operation will decrease from what was previously approved. The original conditional use permit will be amended administratively. I do have the hours if you're interested in what was original. Um, the original hours were Monday through Thursday 11:00 a.m. to 1:00 a.m. and Friday and Saturday 11:00 a.m. to 3:00 a.m. And that's being re and excuse me, Sunday closed. The new hours are Monday through Thursday 11:00 a.m. to 8:00 p.m. Friday and Saturday 400 p.m. to 8:00 p.m. and Sunday closed. So, it's been a decrease of hours. Say those hours one more time. Uh, the new hours 11 to 8. Is that one of your spots, chairman? No, I never been there. Okay. 11:00 a.m. to 8:00 p.m. Monday through Thursday and Friday and Saturday 400 pm to 8:00 p.m. Sunday closed. Okay. That's all I have to say. Thank you. Okay. Well, any additional new business or unfinished business express or old business or anything? Yes. Katie, would you and the mayor bring us up to speed on the latest on D Carlos? Well, not I know there was a little Were you still around last night? Yes. That that's about the most recent update. Um owners been difficult to locate not just for us but from the collectors. Yes. As well. Um we anticipate that uh it's going to revert back to the lender once the court case is heard and I don't know if there's a date set there. Uh once the lender takes over, it's their intent to sell the property for redevelopment.

Any way to secure the property to keep the kids out of there? We're also looking at removing everything that's outside. Yeah. Not here. Black and Bryant. Y Y any additional questions or comments from the commission? Thank you to Larry for joining us. Lee takes over next month. Thank you. I'm not a summer school. Thank you all. So for the folks who stuck around, hung out with us for a little while. Thank you all. Um, I guess I'll open the floor for motion to adjurnn. I'll make a motion. Second. It's been moved by Larry and probably seconded by Ken Crowder. All those in favor? All right. All those who oppose. Motion carries. Meeting journ 7:11 p.m. Thank you. Thank you, gentlemen. Thank you, Miss Dietrich, for sticking around. Also, my name's Say hi to your family. I definitely will. You got a good one, buddy. I definitely will. 16 18 months.