Planning Commission - Regular Meeting

Commissioner Dan Zeiss. Commissioner Finter here. Commissioner Hernandez. Commissioner Lawrence. Commissioner Leighton here. Chairman Lindlum here. Vice Chair Milhaven here. Commissioner Rockwallik. Commissioner Toma here. Commissioner Whitney here. Chairman, we have a quorum.

Great. Well, welcome everybody. Let's go ahead and um I'll read the announcements. This meeting has been noticed in accordance with open meeting laws under Arizona Revised Statute section 38-431. Agendas are available within 24 hours of each meeting in the Maricopa County Planning and Development Office and are also available on the Planning and Development website one week prior to hearing at www.mmaricopa.gov.govplanning. The staff reports prepared for each agenda item shall become a part of the permanent record for each case. With respect to the hearing process, cases will be considered in the order they appear on the agenda unless otherwise agreed to by the commission. For each case, the applicant will be given a set amount of time to present. Anyone wishing to speak on a particular case shall fill out a speaker card for in-person attendance or raise your hand within Goto Webinar. The amount of time allowed for speaking shall be at the discretion of the commission chair. Staff will provide the chairman with the names of persons who have registered and noted desire to to comment and those registered participants who have raised their hand. The chairman will call on each named participant one at a time. The chairman will conduct the hybrid inperson and virtual public hearing according to the bylaws and according to the rules established by the chairman regarding public comment. Votes will be done by roll call vote only and the chairman will verbally identify the specific members responsible for all motions and seconds. And that's our announcements. We'll uh go ahead and talk about the minutes for October 23rd, 2025 if anyone on the commission has any comments of anything that needs to be changed. Hearing none, we'll enter those into the record and we will um first talk about our continuence agenda. Mr. Gerard,

chairman, chairman Limblum, this is Commissioner Hernandez. I just want to let you guys know that I am online and in attendance. Thank you. Glad to have you here. Good morning. Uh Mr. Chairman, commissioners, uh Calvary Chapel Arise, case Z25008 in district 4. It's a C3 reszoning for two plus acres southwest uh or near the intersection of 23rd Avenue in Gordon Court Whitman area. Uh this a continuence to January 8th. There's no action necessary by the commission. Okay. Thank you. We'll go ahead and continue that. Um let's move on to the consent agenda if staff would present on that.

Yes, Mr. Chairman, commissioners. We have two consent items. They are SU25004 known as secure RV and boat storage district 5. This is special use permit for a vehicle storage facility in the rural 43 zoning district on 8.8 acres south of Durango Street east of Tutill Road in the Buckeye area. There's no known opposition. The recommendation paragraph 18 is for approval of subject conditions A through M. And finally Z250013 known as Belmont 1080 in district 4. This is an industrial 3 IUPD reszoning of 1,120 acres at the southwest corner of 339th Avenue in Indie School Road in Tonapal area. There's no known opposition. In paragraph 16, staff recommends approval subject conditions A through K.

All right. Um, any questions for staff on the consent agenda? Hearing none, um, I'll entertain a motion. Commissioner Leighton. I move that we approve the consent agenda. All right, we have a motion to approve the consent agenda by Commissioner Leighton. Do I have a second? I second. Commissioner Toma seconds. Let's do a roll call vote. Commissioner Dan Zyson. Yes. Commissioner Finter. Yes. Commissioner Hernandez.

Yes. Commissioner Leighton, yes. Chairman Lmblum, yes. Vice Chair Milhaven, yes. Commissioner Toma, yes. Commissioner Whitney, yes. Chairman, we have a motion recommending approval of the consent agenda by a vote of 8 to zero. Thank you. And thank you to the applicants and their representatives for working with staff to get us to consent. Makes these meetings much quicker. Have a great day. All right. Um now we will move on to our regular agenda case number Z25003 with Tonopa Logistics Center.

Thank you chairman. Um members of the commission. KC25003 is uh 62 acre parcel um located in approximately 1,979 linear feet west from the northwest corner of Indian School Road and 411th Avenue in Tonip. The request seeks to uh reszone the entire parcel IND2 IUPD with a um a 600 linear foot um designation or preference for C2 uses um at the measured from the future rightway of Indian school road. Um the IND2 IUPD overlay will limit entitled uses to light industrial and general commerce uses that are compatible with the Tonap Arlington area plans mixed use designation. um light industrial or a light commercial park is intend is the um contemplated use for the um industrial reszone. However, there is no um specific plan of development proposed with this uh proposal. Um the future um development will be dependent on a plan individual plan of developments from individual leases or tenants. um that should include um individual traffic studies and um uh guarantees for utility connections. The IUPD limits um part the the UPD limits the uses um um the following uses actually. So, um adult-oriented uses, marijuana indust um marijuana uh um uh oriented uses uh as well as um dance halls and paraphernelia shops. Uh at this time, I'll be happy to answer any questions. Those are um I'm sorry, I meant to say those are those uses are prohibited rather than

permitted. Yeah. Thank you. Sorry. All right. Noted. Thank you, Mr. Johnson. Any questions for him at this time? Bye. All right. Um, hearing none, we'll go ahead and hear from the applicant if they would if they wish to speak. Hi, my name is Ed Reichenberg. I'm at PO Box 71008, Phoenix, Arizona 850. Can you um pull the mic closer to you or is it on? I just want to make sure those online can hear. There we go. Now it works. It wasn't It wasn't on. So that helps. Trying to be nervous, but I'll try to get Don't be nervous. We're not that scary of a crowd. Yeah.

Uh just to keep it short, u we have a 63 acre piece of property here that's split by Interstate 10 just west of the interchange at 411 and uh and I 10. Uh most of the a good part of the properties on the south side of I 10. This is generally a distribution warehouse business. Um when going through all the outreach uh that I've gone through with this project, uh there are two basic groups that have a little bit different opinion about what happens on the property, but they're very much in favor of local jobs, uh local employment, and uh in a way to reduce pricing in the area. So they're in favor of that part of this. just a question of what type of commercial uh after all the uh discussions with the various groups uh came up and generally we're trying to work this so it's local uh commercial and local employment types of uses um it's so generally jobs lower prices and then a good turnaround place for people from California to do their distribution so they don't have to burden the freeway even worse than what it is today. That's generally if you have questions I I can give you try to give you answers on that.

Okay. Any questions for the applicant right now? I just Mr. Toma. Yeah. Sorry.

Do you have um any prospective tenants that you're actually talking to right now on the space? No, but I after doing several outreach and talking to the neighbors, people are just wanting to see something happen so zoning wise so that uh it makes it easier for them to make decisions and I I I've been approached quite a bit for activity further to the east and I can definitely kind of swing those types of users further to the west. So there are there's a lot of people that want to come to Phoenix uh drop off their semi- loads and then drop them into smaller trucks and then distribute from there. So there are a lot of users for that right now.

Thank you. Any other questions by the commission? All right, we may call you back up after. Okay, we'll we'll allow you to come up after if if you Yeah, if after we hear from Um, some opposed. We'll go ahead and hear from um Ed Reinberg. Oh, sorry. That's that's you. Yes. Okay. So, we heard that. Um, we do have Is there anyone else in the room that wishes to speak on this case? I don't have a note. Do we have someone online? So, Commissioner um chairman, we had a key

Yes. Um, so David has reached out. Yeah. I uh I have Keith um enabled to speak if he can unmute his mic. All right. Well, welcome Keith. We're glad you were able to call in. We'll just ask you to try to keep it around three minutes if you can.

Okay. Uh my name is Keith Kronach. I'm a resident of Tonipa. I've been a resident for almost 30 years out there now. And I am a business owner out there. and I am the leader of a group called Tonaplar residents opposed to incorporation um which we have around 630 some odd members. We sent a letter in to you guys uh opposing this industrial uh the commercial section of this as we feel it's going to be a big danger to have any type of commercial in there uh where residents because most of the residents that live in Tonipa uh live way east of that and it's a lot closer to go to Buckeye than it is out to 411. um that is the least populated area. It is mostly uh uh agricultural out there and that's what we would like it to stay is agricultural. We do not need shopping. The industrial section that's fine. I'd rather have solar farms or warehouses than and pig farms, hog farms, chicken farms. I'd rather have all of that than residential or uh commercial for store frontage. You know, it's just going to cause a danger, especially this frontage on Indian School Road. Um we have school buses that pass by there

that pass by there all the time. Uh it's the main entry to about 300 homes. Uh and right now we already have What am I doing? you're just throwing me off. We have all kinds of other areas that are uh that are already being reszoned for this type of stuff down lower um north of the freeway where there was just 2,000 acres reszoned for industrial and commercial where we don't think this is needed out there. Okay,

I'm done. That's all. I want to thank the commissioners for hearing me and uh I appreciate it. Thank you. Are there any questions for Ke Mr. um Kronach? Yeah, I have a question. Mr. Krock, this is Commissioner Leighton.

When I went through your list of opposition people, I could not find Okay. Um I could not find a lot of the people in the tax records. And then when I plotted it out, a lot of the people in opposition were between five and 10 miles away. So I'm I'm intrigued as to why you guys are opposing this, but we just went through the consent agenda and approved Belmont, which is within a couple miles of a lot of the people that were in opposition. Mr. Kronbeck.

Uh, Mr. Krobeck needs to I got it. All right. Uh, yeah, we can hear you now.

The reason the reason that our group is opposing this is because the other group that is is promoting this basically, they're a group that's trying to incorporate us, and we do not want to be incorporated. And this is this is just leading right into their hands for incorporation if we if this is done commercial there. But all of our family frequent that area, especially with the kids with the school buses and stuff of that area. You know, if we have commercial, we rather have it around the area of Winnersburg and uh Saleom Highway as that area out there. Like I said, nobody really goes out there except for our children on the school buses and stuff and it's just going to create a big danger is all it's going to do.

Okay. Well, thank you for that information. Thank you. Any other questions for Thank you. Thank you, Mr. Crumbach, for calling in. Appreciate your time. All right. Um any There's no one else, right? All right. We'll close public comment and open this for discussion with the commission.

I heard your question. If if there's nothing, I'd entertain a motion, too. I have no question. I entertain a motion to approve Z25003 Tonipal Logistics Center. We have a motion to approve by Commissioner Leighton. Do we have a second? I second that motion. Second by Commissioner Toma. Let's do a roll call vote. Commissioner Dan Zeiss. Yes. Commissioner Finter. Yes. Commissioner Hernandez. Yes. Commissioner Leighton. Yes. Chairman Limblum. Yes.

Vice Chair Mil Haven. Yes. Commissioner Toma. Yes. Commissioner Whitney.

Yes, Chairman. We have a motion recommending approval by a vote of 8 to zero.

Thank you. Sorry the applicant for not giving you the opportunity to come back up after I forgot about that, but it went the right way. So, you're good. Thank you for being here and for good luck on your project. Yeah. All right. We'll move into item number five. Um, case number SU250021, the Rancherero Livestock and Supplies Project. Uh, thank you, chairman and members of the board. Case SU250021, Rancherero Livestock and Supplies Project, is a special use cottage industry request for hay delivery business located on an approximate 1.2 acre rural 43 zoned parcel generally located at the northwest corner of 224th Avenue and Patton Road in the Whitman area. The applicant is seeking a 10-year entitlement for a special use permit. The request is for operation Monday through Friday from 7:00 a.m. to 5:00 p.m. The use permit is proposing to store hay in two stacks under a future built awning structure up to a height of 6'8 in. The site is proposed to be screened by a 6ft CMU wall. The hay is delivered in large trailer loads and stacked on the parcel awaiting delivery to customers. The business operates with one owner and two additional employees. Hay is moved around the site via a forklift like tractor device called a hay squeeze when in operation the squeeze can exceed 8 ft in height. Staff has historically staff has historically been supportive of agricultural adjacent uses within rural zoning areas. The application is a result of a violation for a previous operation without entitlement. Staff has received many items of opposition to the use from three neighbor residences which accurately captures the intensity of the opposition to the continued business operations. Many items of correspondence speak to roadway deterioration, excessive hay squeeze use in operation outside of its stated working hours. After analyzing neighbor concern, staff has developed potential conditions of approval, including strict adherence to the stated working times of Monday through Friday, 7 to 5, a requirement

for roadway maintenance that must include regular dust control, maintenance, and repair, and finally, limited hay squeeze hours from 8 a.m. to 4 p.m. With those, staff recommends the commission adopt a motion recommending approval to the board of supervisors for SU250021, subject to conditions A through H as outlined in the staff report. At this time, I would be happy to answer any questions you may have. Thank you. Thank you. Any questions,

Mr. I do have a couple um questions? On the presentation, it says that the ingress egress is shared by only four households, but when I look at the aerial, it appears that there's eight homes on that ingress egress. Um the homes on the eastern side of the road all have access on a private other roadway that is to the east. Yes. It's it the access is only on the eastern portion of the homes on that roadway. Okay. And this is a shared well situation. Correct. Correct. Is there not a shared well agreement in place that dictates if they can do this type of business?

I am not aware. Is there nobody here that can answer that question? The applicant probably can and we'll pull them up. Okay. In a minute. Okay. That that [clears throat] my biggest concern is the water use on this property because my understanding is that the hair b the hay bales have to be dampened continuously. That was not um part of the the proposal from the from the applicant. Um maybe the applicants can speak further to that but as far as we are understanding the water use would only be for emergency situations. That would be bad for the hay but we'll ask the applicant. Yeah. One of the letters.

Okay. Yeah. I think we'll ask the applicant. Okay. Any other questions staff? Is there any fire concerns? uh the local fire instances where this has happened before in the county like the hay gets lit on fire and we are not aware of any other instances of hay fires for local hay business commercial hay businesses per se. Um the local fire jurisdiction has um provided a letter signing off on the design and the use on the property. Thank you.

Thank you. I think we'll go ahead and hear from the applicant. We can open it up for other discussions. Welcome. Glad you're here.

Thank you. [clears throat] My name is Chad H. Dixon. I'm with Tang Point Architecture. I'll be representing material livestock and supply this application. The client is trying to make it to this meeting, but I think she got to the wrong building. Uh but to answer the question regarding dampen hay, you do not want to dampen hay. Uh that will that will ignite even more. Uh we did reach out to the local fire chief and we talked about it. And the issue with hay is that it's if it's dry, it's fine. The problem with hay, if you stack it and it's green and it doesn't get enough air circulation to dry it out, that's where ignition begins. And it's not it just it doesn't blow up. It's a slow ignition. And how they put it out is they have to come in once they see smoke, they'll come in and they'll destroy the entire hay stack. All the products will be lost and they'll hose everything down and they'll haul it away. So, you do not want to dampen hay. uh you really want to keep it as dry as possible and the client does do the best ability working with their provider to get the dest they can when they bring it to their facilities.

One of the letters of opposition talked about the fact that they're using a lot of water. The water in this case is actually probably to dampen the ground there the backyard. But part of our goal is once we once we get approval, we're going to spread a gravel um coverage on the back in the backyard and they're going to mitigate and they're going to sign an agreement to um a road maintenance. Road maintenance up into the north side of their property line and explain to the owner what's what's what they what she has to do and she's more than happy to do it. Okay. And where does the shared well agreement come in on this? Because typically they have limits as to how much

Well, the goal is once once once we put gravel bed down in the back, that's going to decrease the dust completely because now now now we got ground coverage on the dust back there and that's going to be maintained. Once we do that, that's going to eliminate the dust. She won't be needing water to But they have a water truck. Where are they filling that from? The water truck. I think she's actually going to band at first. We thought about keeping that there for the local fire department to use in case something happens. There's a fire event on the site, but talking with the fire chief has said that we will they will not use that thing. So, I think she's going to take that away somewhere else. Okay. So, they have not been filling that with the private

not to my knowledge. I don't know if she filled it yet or not. I know it is on site, but I didn't see it filled up. Okay. Thank you. My understanding is, and correct me if I'm wrong, that water's been the water usage to run the business right now has been for dust mitigation. And my understanding by doing the road, that's what it's been for just just an area in the back just, you know, keep keep the dust down. But once we once we put a gravel uh spread gravel out there, that would that would keep the dust down. That would mitigate that dust.

So I I I did see the limitations on the squeezes coming in between I think it was eight and four. Um is is the actual um the operation of the business are there others coming in like what's the normal business hours? I get the squeezes come from 8 to 4, but will there be business operation outside of 8 to

squeeze actually stays there on site? They have two squeezes. They have another facility they're they're working out of in Whitman as well. But they have one primary squeeze that will stay there. Uh and so what they do is they'll have a load. They'll actually leave from leave the site, go grab their load from Buckeye, return to this site here, unload their product, and sometimes depending on the the orders they have that day, they may not even return to the site. They may actually go from Buckeye and just deliver. So, I guess my question is it there's not by the bail. Everything's by the squeeze. Do you understand what I'm asking? Like, so I ran a hay brokerage business when I was it was my first job. My family had a hay brokerage business. And so we had similar operations, similar neighborhood, but we would have the the hay delivered by the squeeze, store it in our storage, but we actually had individuals that would come in and buy 20 bells at a time.

The purp the the goal of this, right, what they've been doing is they do not have clients come by and pick up the hay. Okay? Everything's phone called in. We need so many x amount of number of bells. They'll load it up and bring it to them. So hours of operation are eight to four of when those um squeezes are coming in and out under the conditions we set. Is that correct? Well, the hay squeeze is is a is a device that stay it's a forklift basically type device that stays there and it just helps unload the hay on and off the trailer. Okay. And then the once they load it, the hay squeeze just they park it and it just sits there and open and drive off. Understand Mr. Chairman, what staff is recommending are business hours of 7 to 5 but use of the hay squeeze 8 to 4. Thank you. That answered my question.

Okay. Okay. I'm sorry. Yes, that's what I needed to know. Yeah, I just wasn't asking. And I explain Darren knows me. So, and I explained to the client, so if you got if you come back after deliveries and and it's 4:00 and you still got hay on there and you either wait till tomorrow morning to do it or you just manhandle it. Yep. And go, okay, we we can work with that. It's okay. Okay. How long has there been hay on site year and a half?

I would say at least about a year honestly. Um I I I got I was asked to help them out and before they were uh deal with the county u I guess the code violations and so forth and they signed an agreement with them work to work this out. So that's when they engaged me to pursue this through this means to get a special use permit.

Okay. Any other questions for the applicant? All right. Hearing none. Thank you. Um, do we have anybody who wishes to speak on this? We do. Okay. Let's go ahead in in the room. Do we have anybody that wishes to speak on this case? I think besides the applicant. Okay. All right. Is this that the owner of that?

Okay. Okay. Great. Um, let's go ahead and hear from the online folks. Uh, chairman, I have uh scheduled uh Debbie Thompson. Debbie, I've unmuted your mic. You need to do it on your end so you we can hear you.

Thompson, are you there? Yeah, she didn't respond to my chat message, so I was hoping she would be ready. I also have Can you hear me now? Okay. Oh, we can. Yep. Technology and I don't get along real good.

Yeah, it's it's okay. I don't always get along with it either. Well, we're glad that that you uh figured it out and would love to hear your thoughts on this case. you'd like tell us your name and just kind of I don't always ask people for their specific address because that if you want to share it you can or at least give us an idea of where you are around this project or how it's impacting you. That's mainly why we ask the address but for privacy I understand some people don't like to share their actual address. All right. Uh we are residents right north of them

and we cannot enjoy oursel outside with when they're running the squeeze the hay or the smell from the diesel is terrible. It fumes come into the house. We have to shut our doors and our windows and not be outside. The noise is so terrible from the hay squeeze that you can't visit and be outside. Uh the hay since the 17th of November, they have brought in about 14 or 15 squeezes of hay. Their backyard is full of hay, probably 8 to 10 feet high all over. They don't have room hardly to turn around. They've been having to start they've started to back out of their driveway and turn towards our place and have put some ruts in the road right by us. They last night they were blocking the road. The neighbor to the north of us or somebody from there was wanting to get out and he could not get out. He had to honk at him to get them to move so he could get out. And you ask the guy how long they've had hay here. This when they moved in here six years ago. We moved in here. It'll be six years in January. They had just moved in and he was doing hay, but it was just him. The last two years or so, two to three years is when all this has started in with all the extra hay. They have got four guys working here, not two. And they go from before 7 in the morning

until sometimes 10:00 unloading hay and loading hay and the wall. They mentioned replacing the wall on the north side. That wall is a wood wall which is on our property. So, in order for them to do that, they've got to have our permission. But to put a brick wall in is not going to lower the volume or the emissions from that haste mover. It's not going to help it any because the neighbors to the south have got a brick wall and that doesn't help them any. And as far as nobody around here with hay, Delgadoos in town sell hay. And we've got horses. When we need hay, we go to Wikcinberg and buy the hay. So, it's not like it's a big big necessity.

And there's a guy just north of here that sells hay. Uh they've got their store in Wikcinberg. We thought the purpose of that was so they could get it out of here. This was a quiet, peaceful neighborhood until they started in doing this. And then also, if it does get approved, who's going to police it when they're not doing what they're supposed to be doing? We we we can address that in a minute. Um essentially you file complaints to the county. They do a inspection and if they're not in compliance, they're Darren answers this better than I do, but um there is a there is a policing of this. We create rules. It's usually imposed by a a a tip from a resident or somebody in the neighbor in the neighborhood that you would you would reach out to code compliance and then we do an inspection you'd have video or whatever and that's how we police them just to answer that question.

And like I say the he said well it's like the farm tractors maybe but the farm tractors aren't in a oneacre residential area where here it's a small area the fumes are horrendous. I mean, at times in the house with windows shut, I can taste it on my mouth. That's carbon monoxide poisoning. That's not good for for anybody. Tell them you can see the blue

and you can just watch the blue smoke emitting out of it. And they will start it and let it sit for maybe an hour just running and not do anything. It's not like they're in North Dakota where we're from where it's cold and you got to let it warm up. All right. Um, we we've hit our time frame, but I do want to open up um any questions from um the commission to you um as a neighboring resident. Is there any questions for the applicant? I don't got a problem with making a living, but

hearing none. We we appreciate your input and we'll have a discussion here about that. We've got one other individual I think or more that we we'll hear from. Thank you, Miss Chairman. I'm aware of two more. Um Okay. I I have uh uh George Orvala. Uh George, I've unmuted your mic and then there's a Sarah Blier afterward. Okay. Can you hear me? Yes, we can. George, if you could please try to keep it to um two minutes. I' I've got a hard cut that I'm trying to make another meeting. So, we'll go to two minutes if you can. Go ahead. Okay. I live to the south

east or east southeast

and uh he has two 40ft trailers, a 30ft trailer, three squeezes, two of them on the property, five DY pickups. He's selling alalfa one, alalfa 2, bermuda tap, cow hay, and hay max mix hay. Um, he takes it off the trailer and separates it into each category and then puts a little stack back on the trailer and goes down and sells it on the side of the road. [clears throat] So, there's hay scattered all over the property all the time. And as far he when he first came moved in, he re-leveled the backyard, filled in all the all the back part and changed the drainage. So now the water drains in front of my driveway and it's creating potholes and it used to drain on the north side of his place, but now it's it's changed. He put in a sweep going into his driveway and the water now runs in front of my house and it's zoned for residential use. I mean, we like to keep the neighborhood calm and and nice. It's

no lack of privacy. Is there any other uh Hello? Yeah. Yeah. Yeah. Yeah. Appre appreciate your your comments on that. Any questions for that neighbor for Mr. Revala? All right. We'll go ahead and go to the next individual. Yeah, I have I have Sarah Blier. Sarah, you need to unmute there. There you go.

Hello, my name is Sarah and I am the fourth neighbor on the street. Um, we are a private street so it ends at my house. However, um, one of the questions you guys were kind of asking about was who all is affected. So, there are four houses on our street which um, everyone I believe has spoken, the other three neighbors. And then on the other side to the um, east of us, the neighbors backyards are just like a small fence. So, they can see everything that's going on as well. Um, and especially the gentleman that's right across, he definitely is affected by it. Um, and then we also behind them have also he has some neighbors back there, so they're also affected. Um, and I leave about 7:15 in the morning and I know they're definitely out before then. They go late. Um, my dogs bark all hours of the day because of it. And originally I was really I I didn't have a problem with any of this when he initially started. Excuse me. Because it was just him and this is his business. So, that's another concern of mine as well. Um, it's his business, so I'm not really sure why everything is listed in her name. Um, it's everything is done through him. She had worked previously. So, um, yeah, that's definitely a concern of mine. And the well where he pulls out, our well, our shared well is right there. So, I definitely worry about him hitting that or just the wear and tear on the tanks under the ground. Um, yeah. So, that's some of my concerns, but I can also answer any questions about anything you guys are wondering about.

Thank you. Are there any questions for Miss Sarah? I don't remember her last name. We'll call her Miss Sarah. All right. Thank you.

We'll we'll have the applicant come back up if you want to make any other comments after hearing some of their statements. Um I've [clears throat] they have already said these comments to us before in previous we had our meetings and online meetings and also received letters from them and we addressed those in the uh proposals sent back to the county. Um the the comments they brought up is nothing new that we've we have already addressed and heard before. Could I ask the question about um that I heard essentially that on ingress and egress that they're having to back in and um I guess what I'm wondering is are you if you are backing into that are you having to cut the truck and away you're driving into the neighbors front yards. Yeah, she's welcome come up. Just state your name please as

do do it to the mic please. All right. Thank you.

I am the owner of Ranch Shadow Lifestyle as well. I work as a teacher for many years. Um, one of the question that they asked is because why why the business under my name? Because that's how he started and then we move on for years or hopes was to find a store which is we find a place but it's not as we can storage as many hay as we as we need. The business has been grow. Um they are backing up right now due to the rain. Uh we have to put move the shed that you guys have on on the plan. Um the county asked us to move that shade. Um I signed up a contract and it was due on I want to say October 12th October the second week of October. I called the c I emailed the county about regarding if I'm gonna get sue by the county because I still in the process and the meeting was December the 4. Never hear back from the county and an email. Um the then I recommend one of the guys one of our uh outside company to come put the shed down. So that's why it's a little bit uh more the hay than it visually see more but it's the same quantity of hay. Visually, it seems more because some of the hay got wet. So, I have to split it out, make the guys move it a little bit. We are as we expanding, we do hire uh uh other people that temporarily, they're not permit workers. Uh they just come for the season as ropers come from the season. And um I'm talking to my landlord at the store that we're talking about in Wikcinber. I'm still looking for a bigger land. the project it's not going to extend as much time as we need it. We're growing and I understand the community they're concerning about one

acre. Um our goal is to move out from there in the future. Right now lands are a little expensive. I am contacting as soon as the business is growing file some taxes. We might go move on from the my property. Um are you having to back in when you It it happens. It happens twice this week where you had to drive into a neighbor's yard. Not to their yard. As you're just backing in, but you're able to do it on the road, not not encroach onto the propert. Okay. Not to their one question. We heard one of the other residents say you guys have been there about six years.

We've been there six year. And then when I come to Maropa County and ask permissions, uh the uh uh concerning about his concern about the water, how the water flow, they came and respect that from Maropa County. Nothing else to do. Um when we bought the land, it has like those hills on an acre. So we we planned and then we were like, "No, we can't have that." And then Maropa County came out due to a complaint. Uh they passed that that there's nothing to do with the floor, how the flow of the water is going to go. Okay. Any other questions for the applicant or do you have any? Okay. Thank you.

Thank you. Um we'll go ahead and close public comment and open it up for discussion with the commission. Uh on flood control, um have we addressed that on flow of water? Thank you, Mr. Chairman. I'm not familiar, but it sounds like she's described there was a complaint and code enforcement and drainage inspections went out there and said there's not a drainage issue.

And you're saying that was in 2020? Okay. Thank you. Um, any comments on this one? I'm a little torn on it, but Mr. Chairman, this is Commissioner Dan. I have comment here. [clears throat] Um, all right. Commissioner Dan Eisen, it's a little hard to hear you, so try to speak up. All right. Can you hear me better now? Yeah, that's better. Thanks. I gotta yell.

Shot too many guns as a kid with no ear ear protection. So, wear ear protection, kids. as as a dairyman by by trade, I I've boughten hundreds of thousands of tons of hay and I have some concerns here. Um we have a farm that's basically in the city limits. Um city came around us. We were there before the city paid. And my concern is around fires. So we've had a fire. We've had four fires in the last 26 years. And the problem with hay is that uh you can't just put it out once it starts. You have to let it burn out. And uh the problem if the haze fire would ever start is the smoke. So when we had a hay fire one time in the city limits and there's a housing development right next door uh it actually got lit by a intruder that lit like a kid lit it on fire. So you know there's many many ways that it can start on fire but it smoldered for three or four days and the smoke ventilation the smoke problem with the neighbors was very very concerning. And so for this type of a situation, I I think we would be avoiding a a conflict and and a problem if we would not um approve this and and that's why I'm I'm not for this and will not be voting to approve this.

Thank you. Yeah. I mean, my I mentioned I had a brokerage. Um our family had a company and we ran out of a neighborhood similar to this, but not really. It was on a main street and we had 15 acres and it was spread out. And the fire side of it, I put out several hay fires. You don't really put them out. You spread it out and they you put a ton of water on it over time and it finally goes out. But it's not like super combustible where it's spreading. But it's as uh was stated by Commissioner Dan Eisen, it smokes like crazy and it's bad. I I just the the intrusiveness of this one, it's tough for me to get behind. Um, I want I'm a I tend to be a yes, but say I'm probably a no.

I I tend to support uh home businesses like that. I think um but this one my concern is based on how much activity I think it might be negatively impacting the property value around you guys. um based on the complaints about um you know equipment running one acre just seems really small for the amount of activity coming in and out of the site. Uh I understand that you guys are looking to move it. I don't know if this is even possible but I would I would be supportive of a much shorter time frame than 10 years. Maybe like three seems would seem reasonable to me. I don't know if we're able to amend it like that.

We we are we are able to amend uh a special use permit for 10 years. I would be I that's a question for I I have a question for staff on this. If we say no to this, how quick do they have to be out? How does that work? U I'll have to check the status of the of if there's of the zoning violation. They have a compliance deadline and they uh the compliance deadline sets the is the deadline by which they have to get compliance and they can get compliance by either getting the zoning entitlement and any related construction permits completed or getting off the property getting the hay business off the property.

I'll ask applicant, do you know your compliance date? Was it October 27? Okay, it it it was in October 2. It it was a couple months ago. the compliance date. I I'm just curious what it standing of the original letter, it was October 27th, 2025, but since we're in this process and now we have dates that go into the planning commission here, um I'm not sure where that status is on that.

So, uh I'll go on record as saying that we'll entertain a compliance agreement, a plan of compliance where we would set an extended deadline and push off any uh non-compliance penalties and you know if they get compliance by that date but it would be a pretty tight date like 30 days 60 days. Yeah. Okay. Thank you.

I don't know that I'm good with three years. Like where my brain goes is allow them enough time to not completely ruin their business, but get them out of there so the neighbors can have some more peace and quiet is where my brain goes. under a year. But uh any other comments from Commissioner and Commissioners online? [clears throat] Chairman Limblas, Commissioner Hernandez. I just want to say that I agree with all you guys. I I'm 100% in favor of small cottage businesses, but I I don't believe that this fits in with the intent of the cottage business. [snorts] [clears throat]

Hi, this is Commissioner Mil Haven. Can we ask the applicant how long they think it would take them to relocate? Thank you. I like that question. Our hopes are it's all the economy right now.

If we can do three years, we'll hope for that. Yeah, I don't know that I'm comfortable with that. That's a long time. I think what we're trying to do is give you enough time to find something that you could even rent space that allows you to rent and have storage that would be temporary while you if your goal was to find permanent. And we're trying to find an answer that works that allows you we don't want to just destroy your livelihood, but we're trying to this is not a great use for a neighborhood is the cons is kind of the feeling of this group today. So, and the neighbors around you and we're very property owner friendly where we want you to be able to do on your property what you want, but we also when it starts to infringe on others around, we want them to enjoy their property as well. That's what's happening.

Yeah. And I understand it's not just business. We're going through a lot with neighbors and Yeah. It's what you guys choose. Just give me the time just to bring everything out. All right. Thank you.

Thanks. I mean, as a a business owner, 30 to 60 days is not a long time. I would suggest the commission consider two years. It's not that easy to find an adjacent site that's close that works for their business. And I think two years could also give uh the applicant time maybe to cooperate better with the neighbors and maybe there's no opposition if they come in for an extension in two years. Maybe they pair down the business to a smaller amount there. Uh I think as it sounds like the business is functioning today that's a problem but a lot could change in two years. Uh and if if there wasn't as much activity I would support uh I would support it. So I I would suggest two years

if the commission's open to that comments on that or so Mr. Mr. Chairman, Commissioner Toma, if you were to make a motion for approval, you could re with modified condition C for an expiration of January 28th, 2027. I didn't bring a pen. So, as long as I can get that all down. C 2020. January 2027, I think, was it was actually one year. I guess 2028 would be two years. Sorry. That's December. Yeah. Sure. We're we're friendly. Like I said earlier, we're not we don't we try to get to right outcomes, not worry about formality.

If it's going to be like two years progress or permits, does that mean I still need to make all those expenses? You would. Yes, you you would you would have to get in compliance with that with that permit. Okay. Yeah. Yep. All the other things would stay the same, those conditions, but your period's just now two years instead of the longer period. Okay. And and really uh having all the dust control things you really should have in place if you No, no. Yeah, I that I understand. And I talk about the neighbors about uh doing the grabble on the street come out. They they didn't want to

um do anything. And then I say, "Okay, we're going to go over the county and see what they will need." Two two years would give you an opportunity to work with the neighbors and maybe downsize the business to something that's you would feel is appropriate on a oneacre site.

And and Mr. Chairman, uh, commissioners, if I may, uh, if they were approved for that two-year special use permit, uh, and they have a positive situation, things improve with the neighbors, they can always come in before that expiration and request a modification of the condition to extend the the the validity period, the expiration date to something further out, 10 years or whatever that may be. Okay. Thank you. Yeah, if you understand and that was what I think your what your hope was to Commissioner Toma that you could get work with the neighbors in a way they're more comfortable with it.

And and Mr. Chairman to add on to that the modification of condition just to change a date of expiration. That wouldn't be the same process that that the applicants gone through today for special use with all the engineered grading and drainage plans. And you know I I assume everything would be permitted so there wouldn't be requirement for new permits. It would just be a paper exercise in a public hearing where neighbors can voice their concerns. Okay. Thank you. All right. Is someone prepared to make a motion?

Uh, I motion we approve SU25021 and modify condition C to be uh just a a special use permit that expires on January 2028. All right. Commission by um motion by Commissioner Toma. Do we have a second? Second. Second by Commissioner Leighton. Let's do a roll call vote. Commissioner Dan Z. Uh no. Commissioner Finter.

Yes. Commissioner Hernandez. No Commissioner Leighton. Yes. Chairman Limblum. I'm a no. Vice Chair Mil Haven. Yes. Commissioner Toma. Yes. Commissioner Whitney.

Yes. Chairman, we have a motion recommending approval by a vote of five to three. Thank you. Thank you to the applicant and uh we wish you the best as well. Um any uh I think that gets us through the regular agenda. Do we have any announcements? All right, hearing none, we're ajourned. Thank you.