Planning and Zoning Commission Regular Meeting

City of Odessa Planning and Zoning Commission Minutes – Feb 15, 2024 Submitted by Christi Dickey, Community Development Coordinator The City of Odessa Planning and Zoning Commission met in regular session on February 15, 2024 and held a public hearing on February 15, 2024, at the Odessa Community Building. Ruth Beamer, Secretary called the meeting to order at 7:00 p.m. Roll Call: Present were, Ruth Beamer, Mary Bertram, William (Bill) Hunt, Vicki Pavlovsky, and JoAnn Quigley Staff present was Christi Dickey, Community Coordinator. Also present were Shawna Davis, City Administrator, and Lindsey Kolisch, Lauber Municipal Law. Absent were Marty McDermed, Chair, and Matt Modlin, Commissioner. MINUTES: On a motion by JoAnn Quigley, seconded by Bill Hunt, minutes of November 16, 2023, were approved. Ayes- 5 Nay - 0 PUBLIC COMMENT on AGENDA ITEMS: No members of the public were in attendance. PUBLIC HEARING: Opened at 7:02 pm the request by the City of Odessa to amend the zoning code regarding marijuana PUBLIC HEARING: Closed at 7:02 pm and 45 seconds. No public comment Ruth Beamer asked, on a motion from Bill Hunt and second by Vicki Pavlovsky the Public Hearing passed with a vote of Ayes- 5 and Nay - 0 BOARD and STAFF COMMUNICATIONS: None REQUEST FOR ITEMS TO BE PLACED ON THE AGENDA: None OLD BUSINESS: None Introductions of Shawna Davis, City Administrator, and Lindsey Kolisch, representing Lauber Municipal law. NEW BUSINESS: A public hearing is listed as the only new business agenda item. The request by the City of Odessa to amend the zoning code regarding “medical” marijuana. Ruth Beamer asked for a staff report. William (Bill) Hunt commented if we don’t do something then the state will. Lindsey Kolisch, City Attorney explained that on November 6, 2022, the voters of the state approved amending the Constitution and Amendment 3 took effect December 8. 2022, as a result, additional City of Odessa Code of Ordinances amendments are necessary to update the City’s ordinances. Amendment 3, now Article 14 of the Missouri Constitution, legalized adult recreational marijuana use. The Article allows cities to enact ordinances to regulate marijuana facilities. If the city does not put regulations in place, marijuana facilities would still be allowed to operate within City limits, but would not be subject to City regulations. Additionally, the ordinance relating to marijuana businesses and marijuana offenses amends the existing City Code regarding offenses related to marijuana use. The City is requesting an amendment to the Code of Ordinances by amending the City’s Zoning Code to provide zoning regulations that apply to marijuana facilities. Ruth Beamer asked, how many licenses do we currently have in Odessa? Shawna Davis replied, that there was one that applied for a license but it was not granted by the state and that request was for a downtown address. Ruth Beamer also asked if a state license was to be granted a business owner would need to have a Business License as well. Lindsey Kolisch replied, Yes, and a state license. Shawna Davis explained, that to approve the language change we will need to strike through all the medical marijuana and just have marijuana in the ordinance. Ruth Beamer asked for a motion to approve the change, a motion was made by JoAnn Quigley and seconded by Vicki Pavlovsky. Motion was approved Ayes- 5 Nay- 0 ADJOURNMENT - With no further agenda items to discuss and on motion by Mary Bertram, seconded by Bill Hunt, the meeting adjourned at 7:12 p.m. Submitted by: Christi Dickey, Community Development Coordinator