Planning and Zoning Commission - Regular Meeting

I've not heard from him yet, but Good on the left. Good. On the right, fellas. Yes, sir. Be good. I'd like to call our May 27th plan and zoning commission meeting to order. Uh, Mr. Kenny Crow, please call ro. Chairman William Hardrick here. Steve Olsen here. Mark JRO here. Mayor Marty Little here. Councilman Lee Furnus here. I am here. Special counsel Joe Bond here. Katie Sanders, director of community development here. seeing you there, Mr. Crowder. I looked that way. I was like, "Wait, wait a minute. Musical chairs." What can I say? Okay. Do we We got to put Miss Diane on on the on here also. I can just just ask. I want I don't want to feel disregarded. I want to make sure Miss Diana knows she's important to us. She is important. Okay. Okay. Just making sure. Please stand for the pledge

of allegiance and remain standing. Remember for our service members, please 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. Thank you. Please be seated. Thank you all for coming out. I I hope you all had a great holiday and uh you celebrated appropriately with Memorial Day. We thank thank all those for their service. Let's go and kick it on off to this meeting. So I trust that everyone read the previous minutes. We have any questions? Any unready readiness about that? Open the floor for a motion to approve those minutes for April 20 April 29th. I'll make that motion. Thank you, Mr. Crowder. Second. Thank you, Mark, for that second. All those in favor? I. All those who oppose. That motion does carry. Thank you. We will now begin our public hearing. Please be advised. The planning and zoning commission is a advisory board that makes recommendation to the city council. Final approvals are granted by the city council. Is there anyone here from 9464 Page Avenue? Yeah. 9464 Page Avenue. Please step forward, state your name on the microphone, and also the name of your business. You all can come. Just come on up. Bring the whole crew. Come on up. You ain't got to be nervous. Come on up. Please state your name for the record. My name last name Good. Okay. Thank you. State your name also. Will you be speaking? Uh Andrew Ellington. Sir,

Ted Landman with TL Consults. Thank you so much. I got to fill this one. Katie, you probably know all about kick it right to you, Katie. Is that okay? Yes, sir. Yes, ma'am. Thank you, chairman. So, this is an application for conditional use permit and site plan review for a warehouse wholesaling business located at 9464 Page Avenue. The applicant is requesting one vehicle to be housed overnight. She's provided the make, model, and bin number um for that vehicle that'll be on site. The site plan does not conform to the current zoning code as indicated within the staff report. There were actually six different code sections that it did not comply with. Our applicant has went ahead and updated the site plan to include interior parking. So, she has made efforts to try to meet the code where she could. There are five other code sections that do not comply. She has applied for variances and is scheduled to go before board of adjustment to try to obtain approval of those variances on July the 9th, 2025. And that's all I have at this time. Thank you, Katie. Yes, sir. Special counsel Joe Bond. Uh, yeah. So Katie kind of outlined uh everything we're looking at, but if you go to that exhibit B which outlines the conditions. Um it's, you know, solely for warehouse wholesaling, it outlines the hours are from 7 a.m. to 700 p.m. uh daily. Um there is a provision that they need to essentially obtain all the variances within six months. They're on the schedule. So, that should, you know, once we can hear those, um, we'll deal with that as it comes. Other than that, um, I didn't think there's really any additional conditions that I saw that

popped out. Obviously, if the commission thinks of anything else, I'm happy to edit while we're here. Thank you, special. They just also to note, they are installing a dumpster enclosure. There was not one on the site, but that's in the works as well. Thank you, Katie. Thank you, special counsel. Any questions from the commission while you all review? Thank you all for your your work to put into this. Thank you for the modifications also. Seven, seven, seven days a week. Any questions from the commission? Comments? Anything from the audience? Any questions or comments from the audience? Okay, I'll pause for the calls because the guys are still reading. China. Yes sir. Question I'm very curious as to gentleman holding the drawing. Do you wish to explain the drawing to us? Can you read the drawing? So this shows the existing conditions with the addition of the landscaping that they're going to add to meet your ordinances. And I guess I might also add this building has been vacant for a very long time and we have a wonderful new tenant coming into the city of Overland. So, look forward to working with everybody to revive another site. So, just so everybody understands too, um Sashi actually owns several restaurants. So, this location will

wholesale for all of her restaurants. Yes. Very good. Thai Mama in Maryland Heights. One of her restaurants. Haven't had it. What is it? Um at Dorset and Mckelby. What is it called? Thai mama. Oh yeah. But for So we had the seven location right now. So we need a Thank you for coming over. Yes ma'am. Any any additional questions or comments from the commission? Anything Mark? My comment would be it would be nice to see someone in this building. Yes, definitely. Definitely. Okay. Seeing there is no additional comments or questions, I open the floor for a motion to record approval with conditional use permit with the stipulations as presented. I'll make the motion. Thank you, Ken Crowder. Second. Thank you, Mark. Any questions? All those in favor? I. All those who oppose. That motion does carry. Open for motion to record approval of site plan with stipulations as presented. And contingent upon and contingent upon variance approval. Thank you, Katie. Yes, sir. Thank you, Steve. Second. The second by the mayor. Thank you. Any questions? All those in favor? I. All those who oppose. That motion does carry. Thank you so much. I know you have a another uh you have the variance. So variances are scheduled for July 9th. I sent you an email about that, but city council will be on June 9th and it'll be here in the chambers in the same location at 6 p.m. My brain paus everyone for their consideration. Thank you all for coming tonight. See you all on June 9th. You have a good

evening. Feel free to stick around if you don't need to, but you can if you'd like to. Anyone here from 1644 Liy Boulevard, Operation Food Search? 1644 Liy Boulevard. Operation Food Search. Email was sent to everything. Email was sent to everyone that's on the agenda this evening. Yes, sir. Okay. Would you like to move to the end of the agenda? How with that? Open the floor for a motion for that. That be okay. Special be okay. Move forward for that motion. We have no motion moved in the in the agenda. Not to table it, just to move it. I'll make that motion. Thank you. Yes. Thank you, Ken Crime. Second. Thank you for second. All All those in favor? I All those who oppose motion to this agenda. That motion that they'll move to end the agenda. So, we'll put pull them back up at the end. Hopefully, they'll pop up. Uh 2550 Woodson Road, Haven of Care, Dope Daycare. Thank you. Please step forward. State your name. Maryannne part. Okay. Tell us about your business. Maryannne. Um, it's an adult. Well, will be an adult. Okay. We'll go straight to Katie on this one. Thank you. This is an application for an adult daycare that specializes in care of elderly and disabled clients, including those with mild to moderate cognitive impairments such as Alzheimer's disease or dementia, as well as other age related conditions. The applicant via email stated clients will be dropped off at the front of the building while the rear parking area will be for staff parking only. It should be noted the only parking available at the front of the building

is street parking which is considered off-site parking and is not designated to the building. Further, there is no ADA accessible parking identified on the site plan, nor is there ADA accessible parking at the front of the building. The site location is located in the downtown area and is directly across from two taverns lounges. In the original letter of intent, the applicant states there will be a secured outside area for clients to enjoy fresh air and participate in light outdoor activity. However, via email, the applicant stated she will not be utilizing outdoor space. So, that is not reflected on the site plan, nor is the parking um the parking stalls um on that site plan. I did ask for an updated site plan, but it did not get that. You there is striping at the site. I did a screenshot and included that in your packet so that you could see there are parking stalls at the back of the building. I have nothing further at this time. Thank you, Katie. Special counsel. Sure. If uh if we go over to exhibit B which is that conditional use permit um has a provision that they have to maintain all appropriate lensure um and a lapse in that lensure is grounds for revocation. Um this building has some quirks that are a little bit different from the vacant building that we just talked about but I think you can compare the two. the the prior uh matter that we just heard has been vacant. So, we were making them address those variances as a condition of the cup. Uh if you look in sub uh or section three of this cup, um essentially because this building has been continuously operated,

uh staff has kind of made the determination that the variances don't need to be applied for at this time, but if 180 days were to lapse or the C essentially if the building became vacant, they'd have to go fix the nonconformities. So, that is a little bit different than um how we've treated a few of these other buildings that have been vacant. Um I would anticipate if there are other cups turned over in the downtown district that this provision is something you might see more of to try to lessen somebody having to apply for like 30 variances all at once um if it's been continually used. Um, I also did provide some language uh to install safety measures that would be reviewed by the director and community fire to prevent um potential patients from aloping, which might be more um of a problem given the nature of the patients that they are seeking to um serve. So, um, that is a condition that's in there. Um, other than that, you know, Katie did mention it's a it is in a downtown district. It is near taverns. It is near crowded streets. This might be different than other adult daycarees that we've seen, but um, you know, we've we've tried to bring in conditions to try to mitigate those as as best as possible. Thank you, special counsel. Thank you, Katie. I'll save my comments to later. Any questions or comments from the commission? Question. Yes, sir. Mr. Furnus. Um, in terms of your patients or your clients and the

need for outside air, where would they have that space? There is a like not fish back, but there is um a back door and there's like a little sidewalk or small patio area right before the parking lot. So, they don't necessarily have to go outside to get fresh air for me to open the back door, which there would be like a gate or something secure there. But, oh, can I say something? Also, um there is a ADA accessible ramp leading to the front entrance and I was not aware that it was not on the site plan because um Vans Engineering said that they would speak to Katie. Well, he asked what type of business that I needed for. I told him, he said he would reach out to Katie and find out exactly what she needed it to look like. So me with this being my first application, I wouldn't have known looking at it like, okay, it needs to look this way to show them that there is a handicap accessible on the front of the building. So we were aware that there was the building itself is handicap accessible. It's ground level at the back and there's a ramp at the front. Um, I didn't have concerns about the accessibility to the building. My concerns were that I had no identification of ADA parking stalls. So, where that person would be specifically allowed to, you know, park and have the safety of an ADA parking stall to get into the building. The parking that she suggested for clients

was at the front of the building, which is actually offsite on the roadway. Um, that was a concern for me and it's not designated to that building. So, it's possible that all the parking could be filled up and there's no place to drop a client off. Yeah. So, I did have communication with Van Engineering and told them what I needed. I also contacted Miss Maryanne and told her that I needed that plan updated and I did not receive it. My last question. Um, then you You you you must submit an application to state of Missouri also. Yes. But I can't do that until I get the location because that's part of the application to the state of Missouri is already have the location. So that's like the next step. Well, that's contingent on approval of the location also. Um the standards did reach out to me wanting an updated site plan. It was specifically for the um the back area, the parking and the outside area. Yes, ma'am. So, which is when I found out from the state it wasn't required, then that's when I emailed her back and said there won't be a outside area on the back. As far as the parking, none of the clients will be parking. They will be getting transported via EMT or transportation services. So, it's drop off and pick up only. It's not like that the clients I'm servicing will be parking there. So, sure. It's not like they're going to be parked for eight hours, but you need to have designated places for them to be dropped off

or not able to get the um reserve parking spot or like on the public street. Okay. That's why the the off there's off-site parking and on-site parking. And you had said the on-site parking was designated for your staff. Staff would be the transportation service for dropping and picking up dropping off and picking up of the and then your employees that stay on site, right? Yeah. But so I'm trying to find out I'm trying to understand if the transportation is also my staff then how is it not specified in our communication? Well, you told me that stat that that you would be using the front of the building to bring your clients. Correct. Okay. And I said that's and I also put in the email contingent on if there's space available otherwise they can be dropped off and picked up at the back which would be for staff. Okay. And then how about your staff that's actually on site that stays with the clients? They have to have parking as well, right? They do, but I mean they're ablebodied people even if they park. So our code requires for specific uses that you have a certain amount of parking. So all of that information that I had to provide to them is because of what the code says and then what you provided to me and so that is exactly what I presented. No, I understand what you're saying but if I'm okay so okay in my staff parking does it matter if it's Jane that parks there at that time or Joe that parks there at the moment? That's like I kind of I could be wrong, but I kind of feel like you're wanting me to like specify exactly who's going to

park. So, when I asked for the parking to be updated on the site plan, it's so that I can actually do parking calculations. So, I had to go out and screenshot it, which is not normal. We have to have that on the site plan that indicates how much parking you have so that I can go in and look at the use. and you're not that building actually has three units. So you're not the only business in that building. So that's shared parking. So some of those things come into play, too. So I'm just making the commission fully aware of what the circumstances. Okay. Well, I just That's fine. I didn't mean to. If you feel like I didn't get back with you my last email, you responded and you said, "So um this is what you're Correct. And I said yes. And then you didn't And I provided a copy of that to them as well. Thank you. But you didn't tell me that you needed anything else. So I I don't want you all to think I'm being negligent in providing anything else that you needed. I thought that what I last sent to you was suffice or sufficient enough because I didn't hear anything back from you saying that it wasn't. Oh, I understand that there was some confusion, but I did ask for an updated site plan with the deadline. So, I did the best that I could and provided that picture to make sure that you guys were aware of the parking situation. Any other questions or comments from the commission? Um, I'll just add I have other concerns about the use of this type at that spot. Um, I think one of the things we need to look at for adult daycarees is to have some space. Um because if there's not space, you're you're stuck inside all day. And here, if you walk outside, you're walking onto our busiest uh portion of town in terms

of downtown businesses. Um add on the potential risk there of, you know, having folks with dementia having the front door right at Woodson Road. Thanks, Mayor Mark. I'm also concerned about possibility of dropping people off. Um, those parking places are usually and dropping off someone who is requiring your care and traffic makes very It really does. And if your employees are parked in the back, I don't know. I'm not I'm not I don't understand how you're going to drop off people in the back. I just may have have missed that. Um but the big concern I have is access dropping off. This is not the best location. I Thank you, Mark. What time would they What time would they be arriving in the morning? I was just gonna say um between 8 and 9 and drop off would not be at this so staff would not be parking there at the same time of arrival or departure. Isn't that when the Eagle Gym is down there? Yeah. Park solid. The back the back parking I'm seeing. Oh. So, whatever staff is parking on the back, they will have to park there during certain times. Aren't there other businesses in the building and they have big trucks parked out there? I haven't seen that, so I

can't say whether there is or isn't. I know that there's a dance school upstairs, but she comes in the evening. That's what the owner told me. He said that the dance school is in the evening only. Um, I have not seen I drive by every day. I think there tow trucks and dump trucks, trailers there. I could check. That's I'm referencing the the space that I'm looking at right now is empty showing stalls. But those clients, those resident where they are or there with their um with their vehicles as they are, then you don't have two, three slots as you think you have. I guess I was kind of just depending on the owner of the building to tell me that because I asked them, you know, what other businesses and I just went by what he told me. M parti M. So, I have a I guess I have a similar concern as the rest of commission um with the the back spots because those are for additional companies and clients. So, if if uh they pull in to drop off of one of your clients and all those spots are full, then what do you do? All the spots on the street are full, what do you do? That's why I wasn't expecting expecting them all to be full based off what the owner told me. Yes, ma'am. So, then I can't really that I could see why that wouldn't work and I wouldn't you about that but I was just going off with the information you got I understand this like you said your first application we ain't we ain't beating up on you not at all we're ask we're asking the same question we would ask anybody that that want to come as come to Overland make sure we make the make we make the best informed decision for the city but also for that business because we want you to come and be successful in Overland that's a really big deal for us because we don't once you get here we don't want you to leave don't think we trying to kick you out that's not really an option

but we want to make sure But when you come, you have the best possible space for your business to grow and to thrive. Am I correct? Am I saying that Katie? Okay. So that's the that's the you had actually other questions I had already. Any questions or comments from the audience? Anything else from the commission? I'll ask Katie, can I ask you this question before we kind of transition another part of this to the to the vote portion? Was was there any other space? I'm sorry, Miss Parti that you looked at in Overland that might have been available or might have been ideal for you. I asked that cuz downtown Overland is different. It has different kind of different rules and regulations especially with the parking. There was one other but uh that's not an option anymore because at first he wanted that's where I looked first. At first he wanted to lease then he said he wanted to just sell the property. Yes, ma'am. And that was I believe it was up the street here on L and it had like it own private parking and everything. Yes, ma'am. Okay. Okay. Yeah. I mean, mayor, yeah, my concern, I'll maybe phrase it in different terms here, is uh you know, all the businesses downtown have deliveries and trucks. people and that's great. But uh if if there's no dedicated drop off spot and we have a potential, you know, uh I don't phrase you used EMS van or transport van has to park in the middle of the street. One, we create traffic issues and two what's that? No, well, I mean, that's that's the issue we're getting at is if the street parking is taken and staff's parked in the back, how do people get in? And if the front is the most accessible, um, you know, we

either have somebody stopping and blocking traffic or worse, somebody gets hurt. Um, and that just it's a risky part of town to create that that specific issue. So, um, we'll we'll take this uh to a vote here, but if if if this doesn't get approved and you look for additional spots in Overland, we can we can chat and and you know wave application fees and that kind of thing to get you the right spot. Absolutely. But um you know we're willing to work with you here but again this um I I think each of us have our own concerns here and all of us are saying with with everything that comes uh in front of us on our desk here there's just a lot of risk here that um uh we're just uncomfortable with. Okay ma'am Yes ma'am. Go ahead. Is there um an option to like pay for reserve during a certain time frame. Okay, sorry. So, I think I know how to go. If we vote and this doesn't pass, does she then come back and apply for a different location with the same business in less than six months? Special counsel. Okay. Just want to make sure. And and I'm not assuming any sort of result, but even positive or negative recommendation still goes to the city council. Okay. So, um obviously, you know, the one difference is a negative recommendation changes the voting requirements at the council level. It moves from bear a majority to a two-thirds majority. So, that's the the only difference. It would still be considered by the city council. Okay. Thank you, special counsel. And and so you understand this is an

advisory board. They make a recommendation to the city council. So they make a recommendation could be different the other end. Okay. Yeah. But once again, we want you we do want you successful as the business. That's your hearing over. Okay. Okay. Okay. So I will open the floor for a motion to recommend approval of condition use permit with stipulations as presented. It's been removed. Wait a second. So moved and properly seconded. So now we vote. Any questions before we get going to the vote? All those in favor? All those who oppose. And motion does not carry. So go ahead. Second vote for site plan. Open the floor. Second vote for site plan for a motion to recommen approval of the site plan with stipulations as presented and discussed. Open the floor for a motion. There is no motion special. Making a motion and seconding the motion does not require you to vote in favor of said motion. So we need to have some action on the matter and I would usually recommend uh framing those motions in the positive like we have like a motion to approve. That way if it fails, we clearly know

what happened. If you have a motion to not approve something that fails, it's Yeah. Thank you for clarification, special counsel. The motion is open on the floor. Motion to approve. Second. That motion hasn't has been made by mayor. Second by Mark JRO. All the Any questions? All those in favor? All those who oppose? I I motion does not pass. So neither one of the motions pass. I will I will actually transition to special counsel to explain exactly what happened. So what will happen next is the the commission has recommended has has negatively recommended the application. You would still go before the city council um if you so choose to. Obviously, you know, this is your application. I'm not going to tell you what to do with it. Um certainly if it goes to city council that would be uh probably the 9th, right? It's scheduled for June the 9th. June. Okay. So you could uh appear before them June 9th. Um it instead of a bare majority uh to pass, it'd be a twothirds to pass. Um that being said, you know, you can um I guess explore other options. You can go forward, you can do both. Um, that's something we can talk about afterwards as well. Um, but this body is a recommending body. So, the only thing that changed for you tonight is from a one, you know, 50% plus one to two/3. Um, so is that do you have questions from me?

Um, no. Not regarding this, but um maybe as far as meending. Mhm. Um do you think that that would like heighten my chances of if I found a different location of not having to go through all the fees and everything again? I certainly um I can't speak for I would I will defer to the mayor because that's more the mayor's judgment. Short answer is is no. I I I don't think you presenting to the council to go against the recommendation of this body would help nor hurt you know any future location. So if you have a future location I don't think you would be in any manner um harmed if you don't come. Okay. And Katie, will you give her additional maybe conversation after this? Maybe a little more guidance also. And I agree and I agree with what the mayor is saying. If you decide to pursue it and move forward on the June 9th and then it doesn't turn out in your favor and goes, we want your business here. We just want you and your clients to be in the safest building possible. Definitely. Okay. Yes. Me. Thank you, Miss Marti, for your time. You're welcome. Thanks, sir. or we can connect tomorrow. Okay. Thank you, Miss Part. You have a good evening. Okay. Anyone here from 1531 Fairview Avenue? Please come up. State your name, nature of your business, tell us about yourself. I'm Paul Mer with Homeman and Pro representing the client. Okay.

manufacturing. Go ahead, Katie. Thank you, chairman. This is an application to divide 1531 Fair View Avenue, zoned M1 Manufacturing, into two separate M1 manufacturing lots. As indicated in the staff report, proposed lot one would be a fully developed lot, which would exceed the maximum lot coverage, as well as violate the 35- foot rear yard setback. If this subdivision was to take place, proposed lot two would be an undeveloped lot and would violate the site area requirements as well as the minimum lot width requirements. Lot two does not have a building on it, so it could have further departures as well. Staff has been making efforts and strides to clean up cladding issues throughout the city as the opportunity arises. For example, the recent cladding issue at Lacklin and Gabler Avenue. Everybody should be familiar with staff and legal navigated multiple lot subdivisions, lot consolidations, and zoning map amendments to clean up long-standing issues at that location of Lackland and Gabler. At this time, there's been no discussion andor development plan submitted in relation to proposed lot 2. So, we have no idea if the who, what, when, or where of who will take that lot and what they plan to do with it. Approving the proposed lot subdivision causes deviation from the code and creates potential code issues for a buyer wanting to to develop proposed lot 2, not to mention reduces the size of lot one and makes that not conform as well. Thank you, Katie. Yes, chair special counsel. I think Katie uh pardon me teed up the issues pretty well. Um, you know, we're looking at a lot that, um, we'd be essentially taking conformity and conformity to the code and creating nonconformity with the code. Uh, you

know, kind of different from what we've been doing when we see lots and we want to consolidate them to try to fix these issues. Um, you know, certainly these are variances that could be applied for uh and considered. The the concern would be what could be developed on that lot too and what that's going to look like and how that's going to happen. There's certainly other small properties within the M1 district. Um, but those are, you know, properties that have been in existence. This is kind of creating a a new one out of cloth essentially. Um overall, you know, we've kind of talked about the legal requirements. If it complies with the subdivision code, it's a ministerial task. We have to say yes, that's state law. If it doesn't comply with the code, you are under no such obligation. So, um, with that being said, you know, I think there is a little bit of hair on this, um, in terms of potentially creating nonconformities. So, thank you, special counsel. Any questions from the commission? Yes. Can you share any plans for lot number two at this point or any plans? Mark, can you pull your mic close? I'm sorry. Uh can you share any plans for lot number two at this point? At that at this time he doesn't have any plans that lot two sits about six feet higher than the parking lot in lot one and he did have somebody approaching him about buying it but they had back out but he was wanting to proceed with it anyway. Can I ask 1531 itself is vacant right now as well. Correct. Yes.

Right now it's two parcels where the parcel line runs through the building. Any additional questions or comments from the commission? I have a question for our our legal counsel. Joe, I'm not comfortable in making a conforming lot a non-conforming lot and and I don't know why we would want to do that boring any other any any other circumstances or or factors involved and I don't see that there are any at this point. Now I might be missing something. So why this is before you is you know people have a right to petition the government. Um, I think we've taken a pretty um, I hate to say liberal, but a pretty open-ended stance on that. You know, if somebody applies for something, even if staff might not think that it is the best option, that's not a staff determination to make. It's still something that needs to go through the appropriate processes. Um, so, you know, from from our perspective, this would create nonconformity. Is it like illegal? Is it's it would violate the code. Is somebody going to slap some cuffs on somebody? No. So, it's kind of in that gray area of you know, we do have other lots that are non-conforming. It's we're trying to clean this. We're trying to clean them up. So, that's kind of where our perspective is. But I I will say, you know, it's before you because that's um the decision of this body and of the city council, not of, you know, people can ask for cups that or any sort of relief from the code. Um and it's our duty to kind of tee them up for you guys as best we can. Thank you.

Like council said, the the lot next door and the lot across the street are both non-conforming. They are smaller than the lot we're proposing. The lots that are across the street that you refer to, are they being used? Yes. In lot two in in this lot two does not exist right now, but you're proposing to separate the properties to to one and two. Correct. Um, as it exists now, have there been any and to use the property as is. None that I know of. Any additional question? Mark? Yes, I would be more uh uh disposed to support this if I knew knew more about the plans, but currently because the plans are are apparently still fluid, I I really really can't support this. at this point. Thank you, Mark. Any additional questions or comments from the commission? Anything from the audience? Questions or comments from the audience pertaining to 1531 Fairview Avenue? Okay. Seeing no questions or comments, I will open the floor for a motion to recommend approval lot subdivision of 1531 February Avenue as presented and discussed. Second. Thank you, Mark. Thank you, mayor, for that second. It's been moved and properly seconded. All those in favor? Bless you. Bless you. All those in favor? All those who oppose. I motion does not carry.

So seeing that did not carry. It'll be the same thing. It's it's as the previous one. Instead of that bare majority, it'll be 2/3 and it'll go up to the uh city council on June 23rd. On June 23rd. Okay. You heard our special counsel to explain that probably a lot better than I can. Uh so I understand it. Okay. So June 23rd here in the chamber. city council at 7 p.m. Right. Thank you. Thank you so much, sir. You have a great day. We'll go to our report to come back to last piece or go to the food search. Did we table that for today for next? We to put it to the end. We t it to the end of the agenda. Mhm. The big I mean the one thing that they're asking is to fence in that um uh garden garden area. Um certainly that was something that I wish was brought to our attention when we initially approved the PUD. Um because you know we would have probably allowed for that at the time. Um, you know, they do have a landscaping plan. I think essentially we'd be keeping with the same bones of the old PUD, but just adding that where we're don't typically allow front yard fences, we would allow this front yard fence in that limited capacity. Again, it's more of a I sat down with them and had conversations with them and I wish they would have just said so because now we have to This is the one downside of the PD is once it's there, you have to kind of take the whole thing off the tracks to put it back on. Yeah. And their their front yard here is

really their bottom yard. I mean, when you drive down off of Paige, it sits in the back of the building, even though the front of the building faces the street there. Just for record, we're talking about 1644 Lassi Boulevard, just for the recording. Sorry, Mayor. So, I I obviously have no issue with this. they're going to improve it and put up a nice little farming space down there. But, uh, again, like like Joe said, it just creates extra work for us and delays and headache for them. But, at least they're going through the right channels and and getting it approved by us instead of just putting up a fence. And if you saw the cost of that fence, but glad I'm not paying that bill. Um, and they've been good neighbors, you know, to the city through various things. They're probably working on tornado relief right now. So, um, this is one of the strange exceptions where I would feel comfortable approving just for this use without attendance. Thank you for your notes, mayor. Go ahead, Mark. I feel the same way. If we look at the drawing, the fences in the back of the building, and also if you look at the at the sketch of the fence, it's an open fence. And uh having been been driven past this property many times, it's very well cared for. I see no reason not to approve this without some without someone being here. No reason at all. Thank you for that, Mark. And I'll make the motion that we do that. We ain't got there yet. Let me get there. But I got you. Okay. Any other questions from the commission or comments? Any questions or comments from the audience? Okay, seeing none, I open the floor of four for Steve to make the motion. That's Ken to make the motion. I'm going to do it again. Go ahead. I make the motion that we accept this

without them being present and to amend the development. Yes. Second. The motion. The motion is being made and seconded to uh recommend approval of the amended planned unit development with stipulations as presented and discussed. All those in favor I all those who oppose the motion does carry. Thank you all for that. And that was that was the motion was made by Ken. It was seconded by the mayor. Okay. I'll move I'm move on to director's report to the commission. The director has nothing to report this evening. Uh there have been no conditional use permit applications that have been filed that can be amended administratively at this time. Thank you. Yes, sir. Thank you for that. Any additional comments or old business we can touch base on? I have a comment, Mr. Chair. Yes, sir. This is the first time we have denied two applications in one meeting in in my memory. I'm I'm stunned. No, it's I'm I'm just just commenting. Am I? Yeah, it's been I've been eight years. I think I've never seen that before. So, all right. Well, any additional comments or go to the group, anything you want to express, Kenny, Mr. Kenny Crowder? No, sir. Okay. Thank you. Thank you. Um, well, seeing none, I will open the floor for a motion to adjourn. Second. It's been made by Mark Jro. It's been second by Ken Crowder. All those in favor? I. All those who oppose. Motion does carry. Meeting adjourned at 6:50 p.m. Thank you all for your time. Thank you.