Planning and Zoning Meeting - Regular Meeting

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Thank you. Good evening. Welcome to the September 17th, 2025 Planning and Zoning Commission meeting. At this time, I would request that everyone please turn off or mute all cell phones and other electronic devices. Also, at this time, I would invite everyone to please stand with me for the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Thank you. Applications for conditional use permit request and reszoning requests will be heard during tonight's meeting and the commission will vote on these applications and make a recommendation to the county council. The applications will then be scheduled to be introduced before the county council at the Tuesday, October 14th, 2025 uh county council meeting. Public comment for conditional use permit request will be taken during tonight's meeting and at the council meeting on Tuesday, October 14th, 2025. Public comment on conditional use permit applications will not will not be taken at any meeting of the county council held thereafter. The following documents are introduced as a matter of record for the this evening's public hearing and regular meeting of the planning and zoning commission. UN those documents are the unified development ordinance of St. Charles County, including zoning maps, the year 2030 master plan for St. Charles County, which includes the year 2030 future land use plan map, and the rules of order and procedure for the planning and zoning commission as adopted by resolution 21-01. And I see that we have a quorum. Is there a motion to open the meeting?

So move. Second. Ah,

motion's been made and seconded to open the meeting. All in favor say I. I. Okay, we're open for business. I'll give everyone just a brief uh introduction to how we run these meetings. Um I will read into the record the application. Uh we'll have the staff give their report. Uh answer any questions that any member of the commission may have at that point in time. Then we'll have the applicant to come forward uh to present the application and answer any questions that uh members of the commission may have. Uh then we'll open the uh application up to a public hearing. Anyone that's present uh can speak regarding uh the application. Um, when you do come up uh to speak, I have to swear you in um because it's a public hearing and not public comment uh session as they might have a county council. Um once we close the public hearing, we'll ask the applicant to come back, answer any questions that may have arisen during the public hearing and then the commission will vote on the application. If you're going to speak and Lori, I my card disappeared. that's in my packet. Uh please fill out one of our speaker cards uh and give those to Miss Hayes. Uh this ensures that we can get your name correct uh in our minutes. Okay. Uh first thing uh on the agenda um is uh conditional use permit uh amendment um at uh 5055 Highway 94 North. This is application number CUP25-03. Property owners are Jerry Lindamman and Kim Lindamman. Applicant is Bax Engineering. Current zoning is uh light industrial L1. Conditional use request is outdoor storage of trailers,

recreational vehicle vehicles, and boats. The CUP area is 4.88 acres. The location is 555 Highway 94 North. on the west side of Highway 94, approximately 400 ft south of the Burlington, Northern and Santa Fe Railroad at Orchard Farm. Uh, this location is in council district six. Staff, this conditional use permit request, Can you hear me?

Okay. This uh conditional use permit request is essentially a uh a re filing of the conditional use permit that was approved in 2019. So in 2019, conditional use permit 1901 was approved and um since that time or over a period of of u several years, the applicants uh worked on completing a site plan, installing improvements and were partially uh complete with those improvements when the uh condition use permit expired uh due to the the timeline that was imposed. on the on the ordinance by ordinance, excuse me. And so the applicants have returned in order to apply for a conditional use permit for again essentially the same requests, but it's for 138 outdoor storage spaces. Um, and again, the um the improvements are partially complete. So, as I understand it, uh much of this lot is already covered by gravel parking surfaces, but for instance, all the landscaping has not been installed, and there's um some other things that are not quite complete yet. And so, what's before you is um um is again this uh the same condition permit is from 2019. the the zoning is is light industrial district and in Orchard Farm um at 94 and the railroad tracks there's some old what I would call legacy zoning for industrial zoning, commercial zoning and agricultural zoning. So it's a mixture of all sort of all three in that area. This tract in particular zone I1 on three sides they have industrial

zoning across the street on Highway 94. is actually commercial zoning even though it drops off quite a bit and there's kind of um I'll call it a little more swampy in that area. Um despite the zoning, it does border one residence, one residential property. And so how they're proposing to address that is a type two landscape buffer and then plus a sight proof fence um in the area for that residence. Additionally, as I understand it, they propose a sight proof fence on um at least one of the sides, but the applicant can explain that in better detail than I can. the conditional use permit criteria. Um I won't go into this detail because it's covered pretty thoroughly in the ordinance, but in essence, the criteria for that's used to review are would establishing, maintaining, or operating the conditional use be detrimental to or endanger public health, safety, or the general welfare? Would the conditional use injure the use and enjoyment of other property in the immediate vicinity for the purposes already permitted? Would the conditional use injure the aesthetic and or scenic values of the vicinity? Would the conditional use substantially diminish or impair property values within the neighborhood? and would the Kisha use impede the normal and orderly development improvement of surrounding property for uses permitted in the zoning district. Um I'd like to note that we've received a couple of several pieces of correspondence on this Kesi use permit request. once specifically had concerns about access in that um like trailers, RVs, and longer vehicles

that are entering in well, yeah, exiting the property really may or may not have a conflict point where Highway 94 has the guardrail close to it. And if there's when there's instances of combines that uh agricultural combines that has to use 94 to to move from one property to another, it pretty much given that guardrail, it pretty much takes up both lanes. And so the communication we received was concerned that there might be um a traffic conflict in that regard. So we contacted MDOT to ask them about that guardrail, about the possibility of moving the guardrail. And I guess the bottom line is the guardrail is in the length and placement of the guardrail is very specific to the slope that's there. Now, as I mentioned before on the east side of Highway 94, it drops off considerably. And so the guardrail is there specifically to ensure that cars don't roll down the embankment or vehicles don't roll down the embankment and there's not really necessarily a good opportunity to um to move the guard rail because it's designed on a technical b design in place on a technical basis. Um, but MODOT is thinking, MODOT engineer, and I agree with this idea that the the number of times that combines are being moved up and down that stretch of 94, it's probably infrequently enough and the sight distance, I think, is probably good enough from the exit from specifically the northern exit uh, for this property that people should be able to see up and down Highway 94 far enough in order to account for um those situations. So th that's one of the um pieces of correspondence that's in your in your

file. In terms of the the gate, so um access, I mentioned access, the gate would be located far enough back so that vehicles could pull on the property uh and use that gate and stop at the gate, I should say, without having to block traffic on Highway 94. So, as as I understand it, also the proposal is this would not have staffing on site, but instead it would have a keyed remote access that people could access the property 24 hours a day, seven days a week with a a key or punch code, something like that. And um that's the proposed um operation of the of the outdoor storage yard. For the reasons that are cited in the written staff memorandum, um county staff recommends approval with specific conditions designed to address land use impacts and those conditions are the same as that were proposed before. So I don't believe there should be any surprises for the applicant in terms of what the proposed conditions are.

Thank you. Any questions for staff? Hearing none. Ask the applicants come forward. Do you solemnly swear or firm that you'll tell the truth, the whole truth, and nothing but the truth in these proceedings and the pains and penalties of perjury? I do. Please state your name and address for the record. My name is Cliff Heightman. I'm the president of Bax Engineering Company. We are located at 221 Point West Boulevard in St. Charles, Missouri.

Okay, hold up, Cliff. Uh, for the record, uh, Mr. Heightman and I both serve on a board of a local business. Uh, I have no interest in this project or an interest in Bax Engineering.

Very good. Um, all right. Um, I'll be probably rather brief brief and just answer some questions. Uh, Mr. Myers did a good job of I think explaining uh the project. Again, this was a an existing CUP that was approved uh several years ago. We then follow that up with approval of site construction plans. Um, got approvals from MDOT. Actually, MDOT responded with a no permit required um response regarding entrances and the like. uh he had the appropriate land disturbance permits and permits and approved plans uh from the county. Mr. Lindamman and his wife Cameron are both here this evening. Um he began work on the project and has been working on it uh as he can. He does have another job as well. And then additionally this facility is kind of a local general store and gas station as well. So quite a few few things going on there. I believe in in talking with Jerry he believes he's probably about 80% complete with the project at this point. maybe 90% complete. Um so he's aware of the fact he's got to install the landscaping. He's got a gate to put in and a few things um there to clean up. Um Mr. Myers did mention the one residential house next door. Um Jerry and his wife have worked directly with that resident if I don't know if any were on the commission back then, but she was uh not necessarily in favor of the project at the time, was a little concerned about how it might go. They've since um worked with her to help her improve her property and her view and and those sorts of things. So, there's there's not an issue. She was going to be here this evening, but she's actually a bit a bit ill. Um so, again, the plan hasn't changed from what was submitted and previously approved. We simply asking to extend that conditional use permit so then Mr. Lynman can finish his his construction work and the project should be buttoned up here. Again, he believes he's about 90% complete at this time. So, I'd be happy to address any questions the commission may have. Any questions for the app?

Are you aware of the six uh conditions that the staff is recommending? Yes, sir. We are fine with those. Okay. Anything else? Okay. Thank you. Thank you. We'll now open the uh public hearing for CUP25-03. Anyone wishing to speak? [Applause] You solemnly swear affirm that you'll tell the truth, the whole truth, and nothing but the truth in these proceedings with the pains and penalties of perjury. Yes, I do. Please state your name and address for the record.

Thank you very much, Mr. Chairman, members of the commission. My name is Arn Cacino, County Public Advocate, mailing address, PO Box 1535, AO Fouling. Um, I remember this vaguely coming up and I think that there were a number of concerns from the adjoining property owner, especially the residents. I'm glad to hear that some of those issues were uh diffused and worked out. Uh a couple issues that I want to bring to the attention of the commission is the new regulations of both the state through the department of natural resources and our county codified uh code of ordinances deals with M4 uh surface water uh issues. So I want to ensure that the surface water protections is in place for this property. Um, for some reason on the plans, I don't see any uh um plans or any issues to deal with surface water and release of the surface water from this property. I don't see a retention or detention area. U and I do have some concerns with the residential um runoff towards the residents. The landscaping, I'm in disagreement with the type two landscaping buffer. Um I think it needs to be a type three uh which is more um more conducive to the neighborhood, more conducive to the adjoining property owners. Uh it puts in a lot more um landscape requirements um and provides a better buffer and a better barrier and upholds property rights of everybody around this uh site. Um, these storage areas are unfortunately needed in our communities, especially with subdivisions and the covenants and restrictions of some subdivisions that don't allow campers, uh, large vehicles, um, business vehicles or recreational vehicles. So, this provides this need for that type of area. Um, it is close or maybe in a flood plan, a flood zone. Um I don't see a mitigation plan or an emergency plan

if um there would be a flood of how they're going to deal with removing the vehicles and removing the property uh from the storage lot. Um I would like to see uh a number of conditions added. Um I have to be firm on the landscaping and uh that there's a sight proof fence and that condition I believe is uh in the uh recommended uh conditions by the staff. Um, I'd like you to consider the type three barrier. Um, another condition is no storage of any chemicals or fireworks. Uh, that's come up in other um issues before you and that has been a condition in the past. No condition um of hazardous materials or hazardous waste or the storage of barrels such as oil or coolant or transmission fluid. We also want to make sure that they're not working on the vehicles longer than a 48 hour period and it doesn't turn into a um um a repair shop. Uh so I would ask that there be a condition that no working on vehicles past 48 hours. And the final issue is kind of addressed with uh staff. Um I believe it um may um take in my condition, but no derike vehicles uh over 30 days with the uh state license plates being um um expired. Um we want to make sure this doesn't turn into a junkyard. Um for those reasons, um I would be in favor uh with the conditions that I propose of the commission in favor of the application. Thank you, Mr. Chairman.

Thank you. Anyone else wishing to speak regarding application cup25-03? Anyone? Seeing no one, we will close the public hearing. Ask the applicant to come back. Anyone have any questions for the water runoff? Is that uh

Yeah, I believe Mr. Dino's likely referring to the the preliminary plan of the detailed construction plans that were approved accounted for storm water quality uh in the basin on the western portion of the property. So I'm assuming he may not have looked at the detailed that detailed plan or maybe he was looking at a the initial plant submittal. I'm not sure, but that that's on the plan and approved previously by the county. Okay, any other questions? Thank you, sir.

Thank you. Um, we'll bring the application CUP25-03 back to the commission for consideration. Questions, comments? Hearing none, the chair will entertain a motion to approve application CUP25-03 subject to the six recommendations set forth in the staff report. Uh, is there a motion? So, moves. Uh, Miss, uh, where you go, Miss Bar made the motion. Is there a second? Second.

U, Mr. Just a second. Um, one thing I forgot to do and I apologize is we do have a new member tonight uh for uh Mr. uh Bob Niller has joined the uh uh planning and zoning commission. So, so welcome. Um he has some experience. He served on the St. Charles City Council for 14 years. So, uh he has some experience in in this area. Uh, so motion's been made and seconded. Uh, Mr. Baker, how do you vote? Yes. Mr. Neil, yes. Scrchner, yes. Miss Bar, yes. Mr. Shell, yes.

And I vote yes. Application passes. Thank you. Thank you.

Okay. Now there there's the agenda. Uh the next item on our agenda is application RZ25-11 uh reszoning map request. The location is uh 263 East Highway in the application numbers RZ25-11. The property owners are John Timothy Marlin and Katherine Rose Marlin. Uh the applicant is Solid Ground. Uh the current zoning is a Agricultural District. The proposed zoning is C2 general commercial. Uh the reasonzoning area is 6.5 acres. The location is 263 East Highway N located 2700 ft east of the intersection of Highway N and Highway Z on the north side of Highway N near the city of Wentzville. This is located in Council District 2. Staff.

Okay. As stated, um the property is located on the north side of Highway N, uh a little bit east of Highway Z, the intersection of Highway Z. And as you probably know, Highway N is one of the county's uh growth corridors for future um f future development. However, um this portion of Highway N is is what I would call on the western end of what we're expecting to be uh widening for Highway uh excuse me, Highway N. So, Highway N um there's three different phases of the widening for Highway N and for upgrade and this being located along the western end is again in that third phase and the third phase is pretty conceptual but um I'll show you I'm going to walk over to the Elmo and show you an image to help illustrate what I'm talking about. Okay, that's on. Okay, great. Thank you. So, what you see here is again this is very conceptual because it the planning is um pretty far out in terms of of number of years at this point. But to explain what's going on here, highway N is this line currently here. Highway Z is currently this line over here. The subject property is outlined with the the black um outline here. This green, this is where Highway N is

going to be rerouted one day towards the west and go down Buckner Road. That's the that's the plan. But at this point, we don't even know exactly where Highway N is is. The new Highway N is going to um veer off what's now the Highway in Corridor. So, at this point, we don't know whether specifically whether the subject property is even going to be on Highway N once it's rerouted. Let's just say 10, 15 years in the future. We're not exactly certain at this point. So um anyway I think that's uh an important point uh in terms of transportation. Not only is it uh not only is it an important point for transportation, but as you know um the proposed zoning is commercial zoning, the C2 general business district, which includes things like um offices, retail trade, restaurants, and services. And other than offices, those three land use categories really crave visibility and access. Those are the two things that uh those three land uses really uh crave. So one factor is will this or will not this not will this or will this not have visibility whenever highway N is rerouted the visibility that really needs. Second in terms of visibility you'll notice that the shape is kind of an L-shaped property. It's not like it has very much frontage. the proposed the subject property. It kind of again it has an L-shaped towards the back and has a pond in the back um which is blacked out in

this image that you see before you. That's the the uh aerial photograph is really just showing the the corridor itself. So in terms of um transportation and and viability in terms of access and um future visibility um right now the visibility is is not bad. It's okay but again it's it still has that that wraparound shape uh but in the future it's quite possible that it may uh be reduced. Another factor we looked at looked at was in terms of existing zoning and the surrounding zoning. Right now it's agricultural and all the adjoining properties are zone agricultural. So if this property itself, these three two threeacre tracks were reszoned to commercial, it could be considered um we'd have to take into account whether or not this would be spot zoning because everything about around it would be agricultural. Now, one could argue that spot zoning, it's not spot zoning if it is the first step in fulfilling an overall plan for for um reszoning. But in this case, the property is far enough from the intersections of highway N and Z that our master plan doesn't even call for this property to be commercial. Instead, the master plan calls for low density residential 1 to four dwellings per acre. So again the master plan is um calling for future residential land uses. Um another factor we looked at was availability of utilities and in this case the property is not served by sanitary sewer service.

Uh the closest sanitary sewer service is provided in the city of Wsville and I've forgotten the distance. I I think it's cited in your the the written staff report. I believe it's maybe 500 ft away, but it's across on the other side of a a residential subdivision. So, it's, you know, it's relatively close, but it still would need to be extended and across several properties in order to access sanitary sewer service. That's not to say that the property would be unusable without sanitary sewer service. It just greatly limits how the property could be used. In other words, you know, without sanitary service, you tend to have things like um open space uses for outdoor storage yards and things like that. So again, it's not doesn't mean it can't have any commercial viability. It just reduces that commercial viability when it doesn't have the utilities available. For the reasons that I've cited in my presentation and also in the staff report, uh, county staff is recommending that the planning zoning commission recommend denial for the this commercial resoning application.

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

My name's John Stone, and we have the property at 325 East Highway N. So, we are from from the property in question here. If you go the second property to the east. Excuse me, sir. You're not the applicant, man. Sir, I I'm not the applicant for I'm not John Marland. Oh, okay. Then you you public you wait for the public hearing. Yeah. What? The public hearing. Just take a step back because you'll be up in a few seconds. Oh, yeah. We're not ready. Just hang though. Just stay right there. Okay. Okay. All right. Stay right there. Hold on. Am I still sworn in? You hold on. The applicant. Stay right there.

Okay. Now we The applicant is not here. So now we'll open the public hearing for uh application RZ25-11. Now you're on. Thank you. He'll swear you in again just now that we're in the hearing. Yeah.

Okay. All right. So, uh, my wife and I have the property that's the second piece of property to the east of the, uh, uh, property that's requesting, uh, being zone commercial. We have the little, uh, it's a 3 acre section. And, uh, my understanding is that I guess that circle there right in uh, along there is supposed to represent a roundabout that's going to be put in. Possibly. Yeah, possibly. Yeah,

there I'm being told that's gonna that that's a real distinct possibility. And uh and so my you know my my position is if they go forward with that roundabout, they're talking about taking about uh 75 ft of my frontal property uh uh and using it to expand Highway in to 364. And they're talking about rerouting my driveway, which is not a big deal except that they're going to move it down to the east about 50 yards. And they're going to I'm going to I'm going to pull into my off the road. And then I'm going to make a hard left and go down about 75 ft. And then I'm going to make a hard right to pull into my garage. And the and that roundabout's going to be right out between between my driveway and the current highway in that the roundabout's going to be right there uh between my pro uh on my property our property and Rick Phelps Rick and Nancy Phelps who or the property between our property and the property that's requesting uh commercial zoning. So the bottom line is if if it stays residential, I'm virtually going to have no front yard. I mean on just to add insult to injury, after they get the roundabout in and they they take the easement they need to do that, they're going to put a bike path in between the roundabout and and and my my my house. And so I'll literally be able to walk out of my garage and hold my hand out and slap hands with people driving by on their

bike. Uh just about I mean it's going to be about 15 or 20 feet. So I'm saying all that to say this. If this if that happens, it's it would seem to me to be to my advantage that I would want these properties to be zoned commercial because my house is going to uh as it sits right now is virtually going to be nonellable. Uh, I can't imagine unless it's a business that would take and convert it into office space. I can't imagine anybody buying that house, especially if they have kids and saying, "Here's the front yard kids. Go out and play and have fun." Uh, we raised five kids there and everything was hunky dory. But, uh, what they're proposing here really change it's a gamecher for for our property. And so if if I have a say so in it, it it seems it would behoove me to want to see it uh see all of that be zone commercial uh for you know John Marland, Rick and Nancy Phelps, myself uh virtually from Eert Lane all the way to the four-way stop down at the at ZNN. Uh but uh now the other property owners, they sit back further off the road to where it's not going to have quite the negative effect uh that it's going to have for for my wife and I's property um as it sits right now. And I know, you know, nothing's nothing's ever in stone until the money's approved and and the bulldozers hit the, you know, hit the dirt. Uh but uh as it sits right now, if if I was to be asked which one do I want right now today, I'd say I want to be zone commercial. Uh I think it's my best

chance at coming out of this thing with some uh uh enough money that uh whether whether we uh rebuild further deeper on the property and stay there. And we would be able to do that only if public sewage came in because I'll have less than three acres after this this uh uh situation is resolved. So assuming I can get public sewage from the city of Wentzville, um we could rebuild deeper on the property and stay there. Uh that's a pot, you know, that's one of my one of the options. The other more viable option for us since we're uh you know, I'm nine years retired. um is probably sell the property commercial and find someplace else to live. Uh which uh would also get me away from the 20,000 cars a day that go by my house right now. 20,000 cars a day. Uh, so, um, I guess that's that that's my my thing in a Does anybody have any questions about where I'm coming from or what, you know, what I'm what my concerns are and why it's a concern to me and the decision you guys make about whether this whether you you own a commercial or you leave it residential or agricultural is going to determine what my wife and I end up doing uh with our property um one way or another. And uh so uh you know I've kind of uh I mean we've been there 35 years so obviously we've seen it we've seen the combines and uh and uh I used to worry about backing out of the driveway and hitting a tractor or combine. Now uh now I pull out it takes

me two minutes to get out onto the road. But uh you know that's progress. You know, I get that. Uh, so if Do you have any questions? Anyone have any questions?

I actually do. I have a question for you. Um, so my understanding is that, um, Robert is saying that the road in front of your house is no longer going to be Highway N, that the Highway N is going to go more straight west. Um, so you're suggesting that basically everything on the current Highway N from your house all the way to Highway Z then becomes commercial. Would you then suggest that the current highway end I guess I mean it's not going to be highway N anymore. Are you suggesting it be like a subsidiary? Yeah, like a service road or some like a commercial road like on the Yes. what we have on the north side of 70 with all the strip malls and such. Correct. Okay. Correct.

But you know you know the luck of the draw that roundabout going in and that is to service uh Forester Lane. There's 28 houses down Forester Lane, which is right across the street from us. They're putting a roundabout in so that those people can get on and off of of the new highway. Uh so I understand what they're doing. I understand why they're doing it, but I need to I I want to get as much uh uh uh understanding as possible uh as to what are going to be my options and what can I expect to happen. Um, I'm I'm virtually, you know, like uh Kyle, I need to talk to somebody like yourself that can kind of explain the the rules of the land to me, you know, from the county's point of view. In other words, uh what you guys can do without any permission on my behalf at all and what I have some say so in and you know and what I don't have any say so in and I you know once I have a clear un understanding it's you know it's it's like you know it's kind of like the game of life. I just need the I just need the rules explained to me in a clear and concise way in layman's terms. so that my my wife and I can decide, do, you know, can we or do we want to stay where we're at or should we uh try to get this zone commercial? We're fairly sure we can get more money for the property zone commercial than we can residential and then, you know, check out and find something someplace else and uh and and move from where we're at to there for our final years. Good. Any other questions? Thank you, sir.

Okay. Anyone else wishing to speak regarding application RZ25-11?

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

Thank you very much, Mr. Chairman. Members of the commission, my name is Arnac acino, county public advocate. Mailing address PO Box 1535 in Oallen. I totally disagree with staff in terms of this recommendation. This is the highest growing neighborhood, the highest growing area in the state of Missouri and across the Midwest. This area is growing by leaps and bounds. Um, first of all, I'd like to request the commission to do your diligence and good faith that this application be tabled until next month to give the applicant a fair hearing and proper due process according to chapter 89 of the revised state statutes of Missouri. Uh, the applicant deserves a fair hearing and deserves to be heard before this commission. And they also paid a substantial fee to the county of St. Charles to advertise and hold this public hearing. And so I would ask that you keep the public hearing open for testimony until the October meeting. Something could have happened. There could have been a car accident. There could have been a uh situation in their family. Um but I think it's only due process and only proper to follow the state statute chapter 89 and give the applicant one month to come in and and give their um side of their application and why it should be reversed by the re recommendation of the staff. This is a very changing uh area, a very changing district and neighborhood. Um, our county in my opinion is topheavy residential versus commercial and business opportunities. Um, these resonings need to occur especially on the ever growing residential Missouri highway and corridor. We need to rely and further um grow our sales tax revenues to pay for services

of county operations and services that citizens of St. Charles County deserve. I ask that the dedication of the rightaway be put up upfront as to be part of this resoning package and not to cost taxpayers in the future uh great dividends or great monies to obtain that frontage, that rightway to construct the new Missouri highway. N at your last meeting, staff brought up a letter that was sent by MDOT. I've talked to uh the bosses at MDOT and they would like to work with this commission handinhand in getting these rightaways upfront rather than costing taxpayer money down the road when reszoning and conditional uses uh come up. Last meeting, I'm not exactly sure where that letter came from. I made a request to the county. Mr. Wise replied to me. Um I'm still waiting from the county of St. Charles for that letter from MDOT because the Missouri Department of Transportation cannot find the letter that supposedly staff said that they received from um the Missouri Department of Transportation about not getting u frontage and rightaway as part of the uh reasonzoning or u land applications. Um this corridor is the biggest area as I said in the state in the Midwest that's growing. Um there's approximately 35 to 50 new residents moving in every week. For example, Harvest in Ofallen is going to be 986 homes. There's another 2,000 homes in unincorporated that have been approved down hope road. There's another 2,000 homes west on Missouri Highway N that have been approved by the city of Ofallen City Council. So right there there are about 5,000 parcels or 5,000 new homes. This area is definitely exploding and growing at a fast pace. The sewer from the staff is hogwash because um I just attended an opening

not less than a half a mile away at Hopewell and Missouri Highway N where Duncan Creek Sanitary District built a brand new sewer plant that is going to take capacity of up to 250,000 more new homes in up to eight additional expansions. So, there's a brand new sewer plant less than a half a mile from Highway Z and Highway N. And so, I don't buy that um adage of the 500 ft. If this is not if this is denied or denied by the county council, I'd recommend to the applicant that to ensure reasonzoning that you annex to the city of Wville. The city of Wville would be more than happy to provide any uh footage or linear feet of a sewer uh um a sewer pipe to your property. When it comes to water, water is easily available in this neighborhood as approximately 50 feet from this uh area, maybe a couple hundred feet is a water tower owned by um public water district number two of St. Charles County, which is the largest water district providing consumers in the state of Missouri. And so water should not be an issue and nor should sanitary sewer. Um, I highly disagree with the staff recommendation in this case. It is the most growing area and they are need of services and commercial opportunities to the residents are moving in this neighborhood each and every week. I am asking this commission to reverse the recommendation of the staff and recommend to the county council the proper commercial zoning. Again, this is the biggest growth area in the state in the Midwest. We need these opportunities. It's only sensible, as you heard from the person who testified before me, that zoning is is a sought out um commodity and it's sorely needed in this Highway N, Highway Z corridor. For those reasons, I ask that you either table the application until

next month to allow the applicant due process and to present his facts and information or in lie of I ask you recommend to the county council the reasonzoning as submitted by the applicant. Thank you, Mr. Chairman. If there's any questions, I'll be more than happy to um as or take those. Anyone else wishing to speak? We'll close the public hearing. Um, bring it back to the commission. Anyone have any questions for the applicant? Well, for the applicant or for staff? Well, for the applicant. Anybody have any questions for staff? Do we know why the applicant didn't make it? That's

We received a phone call today from the applicant stating that although they had a contract for purchase that by mutual agreement, they they were uh dissolving that contract for purchase. Uh we asked them if they wanted to withdraw the application. They said no, but that they did not intend to attend tonight's meeting. So that's what they firmly done. Yeah.

Um and earlier in terms of the sanitary sewer service, um I think I might have said about 500 ft and yeah, 1500 feet is the the distance. It's the nearest sanitary sewer service provided by city of Wville. Uh not by the Ducker Creek Sanitary District. 1500 ft is still less than a half mile. And I don't think the city would be happy to do that. Just just say, "Hey, yeah, we'll be happy to spend that money to do that." Just to

Robert, you say this potential change in re uh orienting Highway in these roundabouts, that's in phase three of this project. Yes, it's phase three. So, one thing uh I wanted to relate to one of the speakers was that although there may be a green circle in front of their property, it's so speculative. You see those other two green circles? Those are also other options. So, it's so speculative at this point. They just don't know where. They're kind of um looking at alternatives is I guess the bottom line. So, so we're looking five years or more down the road before it's it's years. I don't know how many years, but at the very least a decade, you know, 20 years. I just don't know. Long way.

Yeah. How long it'll be down the now? In a few years, in 10 years, we may know exactly what the design is proposed to be, but it may take longer than that to actually get it constructed. Now, is this potential uh change in highway in is that being considered by uh the committee that's redoing the uh master plan?

Yes. Yeah, that's being taken into account in terms of future land use, the uh growth transportation corridors. So, it's it's all part of a very purposeful methodical mod environmental study. They call it an environmental study, but it's more than environmental. So, they looked first at specifically what the quarter what the best quarter would be. And essentially what they found was uh the current highway in corridor except for it drops down to Buckner Road corridor and then follows on up I think is David Pocal Parkway. Uh but somewhere in this area is where it cuts over to the Buckner Road corridor.

Okay. So it'll be going looking at the aerial I'm looking at the aerial map. It'll be going through the woods. Yes. Yeah. Yeah, it'll be cutting across the property and down the Buckner Road um corridor. So, I had a question here. You said in your analysis um commercial land uses such as offices, retail, and restaurants normally require connection to public sanitary sewer.

I'm curious as to that word normally, like what are the what are the rules that say yes, it does or no, it doesn't require connection. Um, you know, sometimes properties are reszoned in commercial without sanitary sewer service, but it's just the the the uses are so limited. So, for instance, commercials, you could zone it commercial and that would allow an outdoor storage yard for RVs and boats and things like that. Um, you have to think of like um a landscape um a let's see what am I say? A nursery or some other things like that is possible for a commercial. I mean, it almost looks like that's kind of what they're I mean, it is it's irrelevant if they've no longer have the purchase contract, but um they said here they were going to do outdoor I'm trying to find it. Outdoor luxury items or we talking about like picnic tables and the swings or are we talking about fireplaces and

Well, um all I had was general description, but it sounded to me like outdoor living furniture. Okay. I just want to count now the consultant that's working on our master plan. Have they changed any designation for this area based on our current master plan? Do you know just for this area? Yeah. Uh they're they're looking at again the Buckner Road corridor and Highway N, how that's going to be changing and they're they are looking at commercial land uses clustered around that intersection of Highway N and Z. It

if we vote this down today, they can come back one year later. Is that correct? Well, your county staff has made a recommendation and now it's up to you to make a recommendation. So the county council, okay, if they vote this, should they vote this down, they could vote it yes or no, okay,

but should they vote it down and deny it, then it cannot come back for another year unless it's a different application. So if they if they presented the same exact application, they'd have to wait a year, meaning the same zoning district, the same area of reszoning, things like that. If they came back and they said, "You know what? just try instead C1 neighborhood commercial district instead of C2 then then the way I understand it that would not have to wait another year to be resubmitted. So at this point we don't even I mean since they're not selling this property anymore to this particular person. This is just a general let's make it commercial. There's not really a reason for it.

There's no plan and and the last time we did that was Central School Road. Look what happened. So

saying even if there were a plan they wouldn't be beholden to it at this point. Yeah. So, I mean I I would say either either the applicant should withdraw this application or but I mean that's up to him. But I mean, you know, it just seems like, you know, one of the things that's that's approved under a C2 zoning is a car wash, you know. So, I mean, you know, be careful what you you we grant now because we're stuck with it. I mean, because then they can come back with a car wash and then well, we approved it and they can sue us and that's that's that's the pickle that we're in. So, I just want to caution everybody about that. So, I think we should wait until we actually have a plan to know what we're approving before we approve anything.

I think one of the underlying issues was looking at the pictures that this was uh uh promoted as commercial property when it was not. Yeah, exactly. Because it's on the sign on. All right. That's what they're doing. Yeah. Uh and then when they discovered that uh it was agricultural um the that's then the contract went away by mutual agreement. Yep. Well, I mean, you said you gave him an opportunity to withdraw it and they chose not to. Did they understand the consequences that they would not be able to bring it back for a whole year? Well, well, the county council, if the county council votes it down, they have to wait a year. Not Not us. So, but if we vote it down, then No. Okay.

Ours is just a recommendation, right? Yeah. Any other questions for staff here? No. Robert, you have any any anything? No, I was just gonna say um directly to your question, I don't know what they know in terms of um if they can or can't bring it back for a year. I'm sorry. I just I don't know if they know that information. I guess my concern was would it be worth it to table it to make sure that they were aware that they could potentially be with by not withdrawing they could potentially be getting rid of their chances for the next year. They can withdraw it at the before it goes to county council. Okay. Yeah. before the vote and it would be this. It only applies to this specific piece of property, right?

So, if they go buy they go find another piece of property and come back with the same concept, it's totally different, right? Any other questions or comments? Chair will entertain a motion to approve application RZ25-11 uh which is the reasonzoning from a agricultural to C2 general commercial 6 an area of 6.5 acres located uh at or near 263 East uh Highway in Is there a motion? So moved. Motion by Mr. Shell. Is there a second? Second. Second by Miss Bar. Uh Mr. Baker, how you vote? No. Uh Mr. Neem Miller?

No. Miss Kersner? No. Uh Miss Bar? No. Uh where am I at? Where am I? Mr. Shell, no. And I vote no. Okay. Agenda. Okay, that concludes our agenda. The next agenda for applications. Uh the next item on the uh agenda is the approval of minutes from the August uh 20th, 2025 meeting. Uh is there any additions, deletions, or corrections to those minutes? Hearing none, the chair will entertain a motion to approve the August 20th 2025 meeting minutes. Is there a motion? So moved. Is there a second?

Second. Motion made and seconded to approve the August 20th, 2025 meeting minutes. All in favor say I. I. I. Those amendments are approved. Uh, planning and zoning division updates. Robert, have any news for us? Um, I don't know if I have any news, but I wanted to thank Bob Miller for volunteering to serve the planning zoning commission. That's great. It's excellent. And, uh, I really appreciate your service and your experience that you brought to this. So, thank you. Anyone else? Any comments? Commission motion to adjurnn. So moved. Is there a second? Second. All in favor say I. I.

I just We know everybody has to have a turn motion or second 756. Oh, let's see. Oh. Sure. So,