Planning & Zoning - Regular Meeting

No, just probably Thank you so much. Oh, I guess ready. All right, we'll go ahead and get started, folks. Uh going to go through. We'll start out with the commission member roll call. Here, Martin here. Christensen here. Jameson here. Hughes here. Here. So, now we got through that. Uh, we'll go through for approval of the current agenda. Everybody had a chance to take a look. Do we have a motion to approve? Motion. Motion to approve with. We have a second. I'll second it. Second. Yeah, you're good. Lyn, did you second? Okay, sorry. Okay. Uh, we'll go through if everybody

had a chance to read the M minutes from the previous meeting. Uh, do we have a motion to approve the minutes from the previous meeting? So, move Johnny. Okay, we got one by John. We got a second. I'll second. Second. Okay, we got a second. Davis. Okay. Uh going into new business. Have discussion. Formal action on zoning district amendment for proposed zoning district changed from agricultural residential the highway oriented commercial pertaining to parcel [Music] 1214005 [Music] 000000 at 66260 highway 275 in Aber Iowas Township ship for the zoning district amended application 25-03. We will now have applicant presentation. Good evening. Uh thank you for entertaining us tonight. So my name is Chris Wood and I have with us my husband and my son and daughter-in-law Logan and Emily Wood. Um, we have two more people that are a party to this transaction and that is Tim and Kingwood and they were not able to attend tonight. So, um, I did put together a slideshow presentation. Uh, we are requesting a zoning amendment. Um, it's currently zoned as a residential with um conditional use of convenience storage. With that convenient storage, you are able to put um storage in there,

household goods, storing cars, RVs, that type of thing. Um they do shy away from any workshops, hobby shops, commercial activity, things like that. What we're proposing is the commercial highway oriented district. Now, 275 was a state highway, so that limited us on which commercial zoning we could choose. And Matt, if I understand correctly, that was our only action. Correct. So, we are asking that we make a zoning change to that property to the commercial highway oriented district to that property at 66260 highway 275. So, you might ask why why are we asking for a zoning change? Well, first of all, we would be remiss if we didn't talk about the econ economic development of the area. It's important to us that Southwest Iowa continue to thrive. Number one, um when we looked for a building to put our stuff in, we could not find storage for the things that we wanted to store. So ultimately we ended up going to a farmer asking them to parcel off a piece of their land and building a building for that purpose. So having access to amenities in the area is very important for continued growth. That brings people in town to shop, that brings people in town to visit, that brings people in town to live. And with all of those different types of activities comes an increase in the tax revenue, an increase in consumer spending, and then a stronger local economy. So, let's take a look if each of those pages and the the ones with the pictures are a little harder to see, but I'm looking at this one. So, this is the building as it currently stands right now, the property as it stands. We have

15 storage units and then we have the original building that is there. On page five, you'll see down in the lower corner of the spreadsheet, it'll tell you the page numbers down in here. So on this one, you can see the original building and then the Hessel home that is to the south. And on page six, way up here in the corner, these are the trees at the north end of our property. And then that's the property looking to the north. So we every time we do something with our land we have thought about the area and what is best for the area and trying to maintain the integrity of the area. So in maintaining that egg residential or that egg rural feeling to the property we did choose colors that complement the the egg industry. Um, we did choose styles of buildings that are consistent with size and style to the buildings to the property to the south and the property to the north. And then we really considered and Matt really encouraged us too when we were putting up the original buildings and the additional buildings. Are we hindering anybody's view? And we do not feel like we are hindering views with the building that is there. So if you look at the surrounding area, I'm moving on to page eight. Um so when you look at that surrounding area, the the aqua blue is this piece of land that we are talking about. So if you look

to the north, the south, the east, and the west, immediately surrounding it is crop ground. Then if we move on to page nine, we go out a little bit further and you'll see that to the north we do have an egg residential property on the other side of the cropbound. To the south you have the Hzel property. Egg residential again. And then right across the road from the Hetszels is yet another egg residential property. Um, then if I move on to page 10, again, ours is in the aqua blue, and you'll see the Hudel Farm to the south that is 10 acres. Ours is 3 acres. You'll see just to the south of them, there's a 40 acre parcel that has a um farming corporation on there for cattle operation. And then if you go to the north, that egg residential was previously a commercial business as well. It was a trucking business. And going on to page 11, I do have a correction on this slide. So that first bullet says traffic and noise is anticipated to be at an at a level less than or equal to a single family residential. I regressed to my real estate appraisal days and said single family residential. It should actually be uh a residential in that respect um because that is what is around us, not a single family residential like you would find in a town. There are two property accesses to the property that we are talking about. Um those two property accesses are both at the north and at the south. They both offer off streetet

um access to the property. So when you pull in, you don't have to stay on the highway to get to a unit or to back into a unit. There is space within that property to pull in so that people are not blocking the highway. So it's not impeding traffic on Highway 275. And then as requested by Mills County Planning and Zoning Board of Adjustment, a fence was put in to the south to control the headlight exposure um on the Hessel property to the south. So traffic and noise we anticipate to be similar or equal to an egg residential property. Um we did try to mitigate the light exposure. Um, and if you turn to the next page, you'll see that we did do down lighting to limit that exposure. We have individual overhead garage doors and the whole facility has security camera on utilities and drainage. On page 13, we do have an electrical transformer on the property that will support the building units, the storage units as well as the existing building. there is an existing well on the property and then the Ross Township drainage district um drains in that front access drainage ditch and so that has maintained or being retained intact as well. So in closing again we want to bring an opportunity to the area to bring e economic development to the area. We re really really try hard to maintain our property very well. We want to preserve the rural integrity of the area. Traffic is directed off the highway by two access points. We tried to limit the light exposure um that is on the

property. Sound exposure is similar to surrounding properties and the property is secure and the utilities have been put in place prior to putting in the storage unit but they will support the storage units that are there. So every effort to support the integrity of the area has been made and we hope that you also find the value that we see in providing additional storage to people in the area. Any questions? I don't have any right now. Thank you. Thank you. All right. Uh is there any public comment? Anybody else? If you give a variance, what goes on in another 20 years when there's a nothing happened after that? Not tonight. They're not asking for a variance. They're asking for a reasonzoning of the property. That's what I mean. If you reszone it, what happens in 20 years? Right. If they leave now, they're looking at what the rural communities like around them. However, if something happens and it's sold at some point to somebody else, now it's commercial. What's the limitations? Right? And that that's what's laid that's what's laid out in the code. So when when this commission goes to look at what the recommendation is going to be, if they're not basing it off of their proposed use of the property, they're they have to go back to the the zoning ordinance, look at all of the principal and conditional uses that lie within that C2 zoning that they're requesting for that and potentially determine are these uses that we can see coinciding with that area. Just turn it around the question. No, that's that's the answer to the question because there's principal and

conditional uses listed out in the zoning ordinance for a C2 zoning district. So, if this zoning change is approved, then that moves what their principal and conditional uses are currently in the AR district, which is where they're at right now. There's principal and conditional uses in that, which is why they have a conditional use permit to be able to have storage units there. moving it over then it's the same thing but now we have to now this commission has to look at those principal and conditional uses allowed the C2 zoning district and think does this fit so if it were to change then in 20 years from now yes somebody could come in and say well it's a principal use of the property for me to have an administration office there so I'm going to open an administration office there it's a conditional use if I want to open a hospital there so they'd have to come back in and ask for a conditional is tiny bar. Any of the sexually oriented businesses wouldn't be in there. You can guarantee that tonight. I think most county ordinance is pretty strict on that. So they're they're only allowed an area about this big. They were there. They need to come back to haunt this whole board, right? Absolutely. I don't want to sit and look at some manufactur. I mean

So Matt, my question to you um which would be a question about the definition and so with the AR district that it's in now. Um the request for a reszone um is it more for is it more for um outdoor storage without being in buildings? Is that why is that why we're requesting a new zone or tell me why we're I guess I'm going I'm asking you first. We go from AR to to C2. What's the main reason behind it? I I think we would have to direct that question. I'm I'll direct it to you guys. Reason for that is that uh right now we're limited to things that are towable or drivable and so we've had um like construction people that want to store sheetrock and things like that and we're having to say no, we can't let you do that. So we don't plan on any outside storage because that was part of our original agreement. everything's going to be inside, but it's just to give us that option, the ability to have that for them to store their um sheetrock inside and things like that. Metal studs they asked about. So, kind of like a like a electrical contractor that'd like to come in and out of it every day to get his materials to go to a job site. Yeah, something like that. That's That's Now, Matt, is that possible to get done through conditional use permit with a through AR? Right now, it's not allowed on that. I don't know if a variance is allowed on that. Um, well, I think we looked at that when we looked at that at the time when they went through the original use. The only way for them to have storage there was for the storage.

um the vehicle storage shortterm. So at the bottom of page two, that is the actual Mills County zoning code. Um in that little box down there, code 27.37. So allows for workshops, hobby shops, manufacturing, or commercial activity. Manufacturing is very limited with a 3acre parcel. So, so right now, right now you're in an AR zone and we're using the term convenient storage and with that, did you get a conditional use permit from the from the zoning board? We did or from Yeah, from the uh Okay. So, say that again from the which board we're planning adjustments. Okay. So, so do you have that documentation, Matt, of what what type of conditional use permit during that meeting? Did they say, "Hey, we need to put up a fence for We do have the conditional. We have a resolution from that." Yes. Can I read Can we see that or read that on what they was? Yeah, we can print that off for you quick. Yeah, I'd like to see that to see how that all went down. So these people came in to get a conditional use permit because they're putting a storage facility in an AR zone which is next to you guys in a in a board different than us. And what that board did is said were you guys at that meeting when that happens or not? Okay. So what happened I assume is they they said okay this is allowed for you to do this and this on your land but you have to do this this and this for this to be allowed. So that's what this board doesn't know what was required by them um when you got your conditional use permit. So hopefully we'll we'll read through that here in a second. And I

think what you're saying, Matt, is is it will have to be reszoned for them to for the like for an example of an electrician coming in and out there every day running his electrical business out of it, right? If you're going to have those tra you have those trade services available to them and you may have seen buildings like this similar Indian council bless they have these buildings that they shut out as they do now if it does work out better for those small business owners whether you're HVAC electricians plumbers they'll rent those things out and the difference being between storage you're going to have the employees coming and going possibly throughout the day come in and grab those grab the items that they need and leave out of there. So to rent it in that way, it's a bit different than um just your regular storage unit. And another thing while we're just going through this a little bit here, um I'm not too sure if we've done much of what we're they're requesting here. I don't know if we've cut out a piece of property to change the zoning on it. Is anybody else on the board aware of something like that like this or am I What's that? I'm not aware of any

So, here's Do you guys have a copy of this? Are you reading it? You guys have one or we've seen it. So to answer your question on that, Alan, is there a potential of it going through another conditional use? I'd say possibly for warehousing close or look at it that way. You can consider warehousing. Makes a lot of sense to me. you know, if it's if it's if it's possible to go that route, the night the one thing about the one thing about what you're talking about is it's not like there's um it's not like it's retail. They're not coming in they're going in and buying things out of there. they're just picking up stuff to go do a project or a job. Um, and maybe Matt's going to look into, but basically what this is when when when you guys got your condition use permit, uh, talked about the site obscuring fence and then the outdoor that there'll be no outdoor storage. Um, and and I I think I saw in here that you're hoping to build more buildings. Is that is that what I'm seeing? I see that two more to the east. How many more units will that be? 15.

[Music] We aren't at this time. Um, right now we have the security cameras on there. Um, and we have a lot of eyes on there like we get a lot of calls and texts a lot, but again down the road you know you have that that available to you. At the time that we put it in since we are not doing outdoor storage that was not something that was required. I just worry about storm and power going up. You're losing your security cameras. They've been so visible on the highway and the stuff that's in there's not going to change. Matt, you use the terminology warehousing. Is that what you are using? Yeah. So part of sorry say so the way uses so if you have warehousing clothes uses include storage distribution handling of goods and materials within enclosed structures typical uses include wholesale dist distributors storage warehouses van and storage companies. So in your professional opinion is that? Yeah. Okay. Well, Matt, do you want to talk a little bit real quick and then I'm going to be quiet, let everybody else talk. Do you want to talk a little bit about spot zone? Yes.

So spot zoning would be um if you were to just grab a parcel of land um that doesn't necessarily conform with uh the rest of the zoning around it or and I I mentioned this to Lonnie earlier when he came he brought up kind of that same portion of it was if it's if it doesn't fit in within continues with your land use plan if it's just and say it's on the corner somewhere, not necessarily in highway or anything else around it. You said, "Hey, we're going to zone this commercial industrial or if it's commercial industrial, you're going to pop a house in the middle of it. You're going to turn that one spot back into residential." Uh, this part here, I think it does I think it would conform with our land use plan. when we looked at our land use plan, how it talks about the commercial zones along highways. Um, and that's kind of right in line with what this is. I mean, it has a large frontage right along state highway system. Uh, and they're driving down that road. I went out there just this afternoon. You know, there's at least two other businesses located along that along that road. Um, I didn't pull up what their zoning is on it or how how they got to be where they are, but I mean it is what it is. So, but spot zoning um it is illegal. You're not allowed to do it. And it always makes I guess you got to make sure that you're not doing it. So, would this be considered spot zoning or you say, right, it matches up with our land use plan. Uh it is right along state highway system. There's future growth that's will come out that way. And I mean as you get into Taber Taber main street there is lined with a mix of uh commercial businesses along with housing mix in there. So as Taber grows out to

the north it would absorb in fine if it does to the north. Pearson had his trucks. Would that reszone for him? I don't believe so. Bryce had his fertilizer business probably there long before there's even selling laws. I imagine that that both of those were there before zoning came into effect in Los Angeles. Yes. did something. I think I did that survey. Yes, I said I was going to be collecting, but our future land use plan. Does anybody have a map of it somewhere? Can it be pulled up? Would you say what the height of those buildings are going to be? Same. The same.

Is this in the uh the mile limit of Taber? It's the two mile limit of Taber. I'd say it's probably would probably be within the two mile limit maybe. two mile ETJ that each of the communities have in the state of Iowa only pertains to their subdivisions of not necessarily That's fine. the current units you guys are looking at building. Are those being inspired for the RVs or would you guys look if you had the zoning change would be would you change that to contractor base? be similar to the 15 bay units. Yeah. So, they would house RVs, boats. That's what we found. Nothing was tall enough to house the big RVs um or the boats. And so, that was our kind of the driving factor when we were looking at these. And then we got like the businesses starting to reach out. way they're they're constructed is you make the frame and then there the

individual walls in there. So, it would be something that you'd be able to take out a wall, make it a double bay entrance. If you had someone that rented both sides, it would have to be a longer term type of contract to build it, right? I was thinking back out. They're not wide enough for most farm equipment. Well, I think the structure you built looks good. I mean, I think it's got a lot of eye appeal on the highway. It's just it's just uh hopefully we can way to keep everything going. She used it as a utility or maintenance facility definition. That changes. So, Matt, for the last time here, um, in your opinion, um, what type of chances would this get passed with a conditional use permit by the board of adjustments to use the facility how they want to use it, add warehousing and add to their conditional uses. Yeah, I would the board of adjustment from what I've seen so far if it's a listed conditional use on there and people come to them with a good plan, they have they haven't denied one yet. I mean, they feel as though it's a listed conditional use and people

should be permitted to give it a shot. So, they haven't denied anybody. They put us on there which would which I think would um you know if you're concerned about the 20 years from now and the commercial but I mean I do think 20 years from now it's probably going to look pretty commercial through there but but I guess as a group we have to decide um we have to make a motion on what we're doing or we have to decide if the board thinks this is more of a job for the board of adjustments or it's more of a job for the zoning board. And I guess that's my opinion. Whatever somebody else thinks. I shouldn't say as a group. I guess I guess you got to decide what you think on your own. Well, I think I kind like I mean don't like pulling parcels out and just reszoning a particular parcel. There's not any other commercial right next to it. Um I could understand if there were commercial properties close to what you guys are doing. I probably be a little bit more supportive of that, but just pulling one out being outside of Taber to see further development. It's a little hard to support something like that. I think what you guys are doing is it's a nice product. That's that's the main reason I couldn't support just pay them one out. I think we're all for it. It's just how we get there. how we get there right now.

How close would you say would be considered to have another commercial commercial plot? I guess how close are you? I mean, it's more about the the density of it. So um you know if it's you see start seeing more growth towards north T paper I mean you got Dollar General or dollar one of the dollar stores there. Um you know if you see continued growth that way outside of Taber then but yeah it's more about the density of it. Um so we'd have to wait for it to build on top build on top build on top till they get to us type of a thing. Probably. Yeah. I mean something like that. Yeah. just for the fact that um with C2 this opens up a lot of things that could happen on that property and it opens and it's not just your property that anyone else can come in and apply. Um we don't we wouldn't have you know a leg to stand on and and decline it. Um, it's it's one of the we don't want to set a precedent for some other areas that don't want to see this. That's I was just wondering how close it had to be. Yeah. I mean, it's it's hard to say on something like that, but you guys were talking about two miles. It's within two miles of what on Google Maps it looked like to dollar. that would be their like their annex zone where Chabber can technically take that and make that theirs. But I think what Matt was saying is the residential growth has to permit into that before they can start claiming that land. Based on the use example, we could talk about a maintenance facility. We could talk about utility. We could talk about um like just wanted to see the more detailed definitions because help me

understand is that in the commercial one or is that in the conditional use? So in a residential if we said maintenance facility it's a conditional use permit. We said utilities it's permitted. If we said business support services, it's conditional use permit. So not necessarily household goods, but if you're doing that as as the example we were talking about. So tell me more about the utilities. When you said utilities, does that mean that we already can have somebody store their utilities? I don't know what the definition is exactly. No, the utilities could be directed at um any above ground structures or facilities other than lines or other incidental facilities used for the production, generation, transmission, delivery, collection, storage of water, sewage, electric. No, that's not warehousing is already on the and maybe that's not a question for your group, maybe it's a question for the other group. If warehousing is already on the conditional use permit, we already have the right to do. Um, I don't think so because you didn't you didn't put it on your application. Got it. specific to do. Okay. Like here it says section two. I guess that's where we would bring up the number four would be warehousing. Yeah. And that the only thing that any other things that you're trying to get

accomplished or it's it's just that. Okay. the people that reached out to us, they I can see why they're drywall wants to store their sheetrock and stuff in there and according to the way we filed first, we can't let them in there. So, no, I I I get that part. I mean, high high steel lines, it's easy for guys to, you know, if they've got a lift or whatever, they don't have to worry about hitting anything. I get it. Well, um I think I think I sense how this board's going. Matt, is there any financial things that we should do differently than I don't want these guys to keep spending money on stuff that that because I search I assume this cost you some money, right? How much? 500. This cost 500. And then we go back to the board of adjustments. Is that I'm sure that's another fee. I would assume it would be another fee. Lonnie, can we come and do you guys add anything to their condition? No. No. when you asked and this is just a question. I'm not part of this court but when you asked for your conditional use report that is all you asked for was just story behind we we had a lot of conversations ahead of that as to what was allowed. Um so that's the direction that's what we

would we tried to portray as what was allowed Well, I'm going to make a motion that we deny changing that parcel to C2. A second discussion want discussion. Yeah, I'd like Yeah, I want to discuss our motion. discussion. The reason why is I think this can go this can go through the the board of adjustments and the warehousing potentially that doesn't change the zone of that parcel and and uh um I guess it might that's that's the reason why I'm I'm den I motion to not change it into commercial. Um, the reason why I second it is, uh, historically we haven't taken just one piece out, done it that way. You're able to do what you your intended use was for those buildings. I understand that new uses have came up. Um, I agree al that there's uh a great potential to go a different direction to get that without us changing something that brings on fears for your neighbors or um anyone else at at this time. So make a comment we were just suggested we were advised to come through this board instead of going there. So and that's why we paid to come. So yeah, we

the commercial activity was something that was our understanding couldn't be a a conditional use. So that's unfortunate. This feels like we're getting pushed back to them. They might just say go back to So yeah, I don't know. Yeah, I think that is the problem is plucking out. It's not something you want to do or start doing that. So that's why and I agree. I think the other route might be the best way for you to go because I I don't think there's probably anybody up here that doesn't think you're Yeah, I think I think your facility is great. I think it looks great. I think future plan looks great. I think you are able to do what you intended for it to do. Um, so I don't think we're uh, you know, I don't I don't feel like we've pigeonhold you in that regard. Um, and and I think, you know, for for the the people that surround you, there's a way to kind of alleviate some of their fears and you still be able to do what you hope to do in the future with it. Um, and I I believe your intentions are all good. I trust all that. Um, but yeah, we just haven't taken little chunks out. I don't know, Matt, do you have any any any more feedback for us on it? No. Um, like I said, I the commission could really go like either way. I mean, I felt as though that was in conformance with the land use plan and something to start down, but if you guys commission right now feels they want to just keep it on the conditional use side of things, they

drop on the furthest sooner or later somebody on the highway. Well, let me ask you something. I mean, and at that point in time, it's just a different project that happens, but somebody's going to be first at some point. Good point. Yes, guys. I like the look of their place. They're nice looking buildings. It's clean. Looks nice. Has nothing to do with what's there now. If you knew that having a commercial setting for that, potentially have a auto salvage place next to you. How would you feel? I don't think that that facility would be allowed, but I I guess I don't know that. But it's listed as it could be allowed if you look at commercial listing. It opens up a whole new panel of Well, we have a motion and a second. Yes. yay. Yes. Yay. Christensen, yes. Jameson, yes. Hughes, yes. Yes. Right. We have a motion to

motion. All in favor? I signed