Zoning Board of Adjustment - Regular Meeting

Okay, 6:30. Want to welcome everybody to the Mills County Zoning Board of Adjustment. At this time, if we could get a roll call, please. Collins here. Ga here. Light here. Gentlemen here. Phil here.

I think she's here. I think we're just having some technical difficulties maybe. Do you know? So, for the members of the board, we do have a new member on our zoning board of adjustment, Caitlyn Murfield. Uh she also serves as the Mills County Director of Public Health. our health public health public health administrator for them. So, uh she should be really good input on the board comes to a lot of what we deal with on the same things come up talk about public health and stuff. So, she said she's going to be zooming in tonight. She very well may pop on here and if she does she'll have hopefully when you have a chance to actually meet her, get some introductions done.

Thank you, Matt. All right. At this time, we'd like to have a review, action, and approval of the current meeting agenda. Motion to approve. I have a motion. Thank you. Motion by uh Pat. You'll second by Chad. Correct. Second. Can I get a review action approval of the previous meeting minutes? Motion to approve. Motion by Fed. I'll second. Second by Heather. Thank you. Okay. I'd like to have the discussion and formal action on chair selection of the new 2026 zoning board of adjustment officers. I'll nominate Gory or chair

chair. I'll second it. Okay, we have a nomination by head and a second by Heather. Can I get a roll call, please? Collins, yes. Like Denim, yes. Bfeld. Yes. Thank you. Welcome to the meeting, Caitlyn. Nice to have you on. Thank you. And and the second discussion formal action will be the vice chair.

Make motion for Pat. Motion for vice chair for Pat. We have a second. Heather. Second. Second by Heather. Okay. Very good. Can I get a roll call, please? Collins. Yes. Yes. Like, yes. Gentlemen, yes.

All right. Thank you. The first item for business is going to be the discussion and formal action on a conditional use permit application 2601 for the proposed commercial dog kennel operation at the address of 63944 310th street in Malvin Iowa. It's in the White Cloud Township in the A zone. If the applicant's ready, you can come up and speak and go ahead uh to the podium, please. And just a little bit here, you'll just speak to us. you'll have your presentation the crowd I I don't know uh we have large crowd tonight if it's um anything you want to say you'll have your time to do that and at this time the applicants ready we're ready for your presentation

okay I appreciate that and thank you for taking this meeting tonight um you're looking girlfriend Lisa Dolphin um I'm Brian David I live at 63944 310th Street in Malvin and um a little about Um, we've grown a farm about four hours west of here and I've always had a passion for working with animals and living in the country. And so the goal was kind of to combine those things and uh provide a service to the community. after I was in the army and after my time in the army, I did uh utility and property management and all sorts of stuff. And so, uh this fits fits good with my what I want to do. So, with that, I'm basically just uh got this plan up here. I'm going to turn my laser pointer on here. See if I can get this thing to work. So, my house is right here and the proposed panel will be in this area. Um, it is a five acre property. Um, the plan is to basically have a building within a building. Um, and so there'll be framed up walls with insulation. Uh there'll be a drain line that runs to the required holding tank. Um this might look a little different than what I turned in previously, but it should be pretty much identical other

than uh the holding tank I from right around here to back here. um it just seemed like a better layout, but that's up up for discussion, too. So, whatever the whatever uh Lord thinks is best at um there's going to be pens here and here. Uh there is a third pen, but I will not use that at this time. Um let's see. As far as noise, uh the insulation and with it being inside of bigger Morton building, I'm hoping to uh mitigate that. And I've got a line on about 10 trees coming in the spring and maybe seven more works. So, these trees aren't actually here yet, but I have a point for that. Um, as far as waste management, it's um I mean that's up to, you know, how the state and how this board sees fit to manage it. But what I'm proposing is just to uh collect any solid waste and dispose of that. um in a receptacle there and take that to the landfill. I would like to at some point get a incinerator, but they're I mean they're kind of pricey, so it's different. Um I I don't know

about using the holding tank for solid waste. I don't think I'm going to do that, but I would use it for, you know, floor runoff and and stuff like that. in some of the information I provided should be uh kind of a breakdown of a cleaning schedule. Um say cleaning schedule.

Yeah, kind of like there's like once a day or daily routines rather once a day weekly and then obviously deep clean as needed. periodically. And um think what else? I at this time don't have any uh residential homes within the 1500 ft county. So sort of south of Malurn there. So it I think it'd be a good spot for it. Seems like there's so

we may hear in a in a short while. Dave, thank you. Yes, you're doing great. All right. This time, if there's any public comment, um you can come up to the podium and speak to us and only us, please. And you're going to be limited to two minutes if you have any public comment.

I'm Robert Ben from Paper Iowa. I'm an adjacent land owner just to the north and I do not have a problem at all with this project. I'm a farmer. Uh there's always been livestock of some kind, dogs and cattle on this farm my whole lifetime. And I'm 75 years old, so it's far enough away from the city. I' I've got another friend I went to high school with on Highway 275 that rescued like greyhounds and he has it and the neighbors don't complain at all about him putting dogs in that building. They don't hardly hear it. So I don't have a problem with what he's trying to do.

Thank you. There's any more additional comment, please come now. Okay, we're going to move into staff report. Recommendation would be to approve the applicant for the additional use of a kennel commercial and that would be with the following conditions. Number one is that the applicant will submit for the building permits to improve the building on site to be used for the kennel. Number two is that the applicant will submit any required state permits prior to opening the facility. Three, the applicant will ensure that the noise generated from the animals is controlled and not to become a nuisance. Four is that the site will be limited to 17 dogs at one time. Five is the site will be kept in a sanitary condition. waste generated from the dog to be disposed of properly. It's based on the following findings of fact. Number one is that the property is located in the class A agricultural district. Zoning ordinance adopted in conjunction with the land use plan stipulate that kennel is a permitted conditional use in the district and the conditional use is not for seen to have any negative impacts on the surrounding property.

Okay. You know, we've had three or four of these. It looks like most of this now we'll go back to you. You and you say most of this is all inside. Oh, yes. There are some outdoor uh runs runs and stuff like that. But yeah, the kennels are all inside.

Question. Submit any required state. Are there any state permits required from the USDA? Okay. So, the land owner takes care of that himself, right? They'll register. Got nothing to do with that. No, they'll go register themselves. Thank you. Okay. That was one of the conditions. Okay. Okay. So you have adequate like HVAC for like cold and then extreme hot for the uh it is um there is a plan that it's not built I mean the buildings but the but retrofitting inside

okay um what's your plan if one of the dogs gets loose because you know in town you got neighbors people post you know hey I saw this Um

well I I really hope that's doesn't happen. But actually um the way I want to design it is I'm actually going to have the fencing around u near the kennels and then I'm actually going to have fencing around my property line as well. So that might I hope minimize that unless they're really creative. Uh if they do get

I like that you're going to have a perimeter of the perimeter. So is there a limit on how many animals you can have there? Um, I don't think so. Well, not sure if there's a hard limit. I think it's I think the state requirement is just like a spacing requirement. Each dog has to have the ability to I forget how they actually stand up, turn around. So,

if I remember our zoning it, I know it says it just kind of described it. It said it's allowable with condition use permit, but it really didn't put any perimeters on it. Right. Correct. So, what I looked at when it's in and one of the conditions being limited to 17 dogs at one time, that's based on the kennels that he showed on floor plan. All right. So, thank you. We went through Matt's staff report. So, is there a motion? Make a motion to approve. Motion from Pat to approve. Is there a second? A second from Heather. Thank you. Well, I think we need to get

We have to add these conditions too that our zoning official recommends. So, right now we've got a motion on the table from Pat stating that he approves as long as we follow the staff recommendations. Is that what you seconded, Ted? Or I'm sorry, Heather. Yeah. Okay. Very good. So, we have a motion of approval following all staff recommendations. Yes. We have a roll call, please. Collins, like, yes. Gentlemen,

yes. Yes. Martel, yes. All right. Thank you. Free to go. We have more to say. Thank you.

Okay. Okay. The second item up for business will be the discussion and formal action on conditional use permit application 2602 for proposed commercial use trade services business of a portable restrooms located at the address of 54948 250th Street Glennwood Iowa in Oak Township. It's in the AR district. At this time I have to step down and recuse myself due to conflict of interest. So, I believe uh Pat will be taking over. Oh, wow. You help me with the time. Yes, I can. Yes, I can. I'll do that. I got a stopwatch, too. Matt's got I'll sit. I'll sit.

What do we What do we normally have time? Two minutes. Three minutes. If you want to stay here, I don't know. Go back. You know what? Yes. If anybody would like to come up and comment, now is the time. No, no, no, no, no. We'll do the alphabet presentation. Oh, my bad.

Gary. Hello, I'm Gary Martin. I'm the sole owner of G&T Services. I would like to address the planning and zoning commission. This is a correspondence and submitted in support of the conditional use permit application for GAT Services LLC. The intent the intended is to service as a formal statement of business operations, site use, compliance, and applicable provisions of Mills County zoning ordinance. G&T Services LLC is a small, locallyowned and operated portable restroom company. The company owns portable restrooms, containers, and the majority of these will be deployed offsite under long-term rental agreements and not located at the subject property. G&T services uh operates a year-round basis with employees reporting to the subject property solely for dispatch, equipment staging, and administration administration purposes. Substantially all revenue generated from the business activities occurs at the customer locations throughout the region and not at the project site. G&T Services LLC has operated under this conditional use permit at a Mills County residence in the Lois Hills district now for almost 15 years. With this said, without any incident, violation or complaint throughout this period, the company has maintained a consistent record of compliance with all zoning, operational, and regulatory requirements. In addition, G&T actively supports community activities and local events through Mills County and the surrounding areas, providing essential sanitary services. More than half of my employees live right here in Mills County and are taxpaying citizens. further reflecting the company's direct investment in the

commitment and to the local community. Primary purpose of this subject property is limited to the storage of equipment, vehicles, and material necessary to support offsite operations. There will be no waste storage here at any time. Treatment and disposal or other activities on this property at any time. Our related waste services is conducted at a properly licensed permitted facility in accordance with state laws, federal and local regulations. Portable restrooms and containers stored on subject property will be maintained within enclosed buildings are positioned behind existing structures in a manage that minimizes visibility to the adjacent roadways. neighboring properties consistent with the intent of the Mills County zoning ordinance to reduce the visual impact and preserve the character of surrounding land uses. Limited outdoor parking of the service vehicles or equipment may occur as operationally necessary and will remain incidental to the primary use of the property. The proposed conditional use will not impede the normal or orderly development of surrounding properties for the uses permitted within the zoning district. Traffic generated by the use will be minimal and limited to primarily company vehicles and employee services. This will not create any excessive noise, vibration, dust, odor, glare, or other objectional conditions beyond those typically associated with a similar low impact service operation. We have adequate access to utilities, drainage, supportive infrastructure are able to serve the purpose use and the operation will can be conducted in a manner consistent with the public health, safety and welfare standards required by the Mills County regulations. G&T affirms this willingness to comply with all conditions, restrictions, and

operational requirements imposed by the Mills County Planning and Zoning Commission. The board of supervisors as part of this conditional use approval. The company is comp committed to maintaining the property in a clean, orderly, compliant manner and operating as a responsible neighbor to the community. So, I just want to reiterate a couple things. I've been in Mills County for over 15 years, running my business inside of Mills County with a special use permit in the Lois Hills district, which is more regulated than the district that I'm looking at moving this into. We've had no incidents. We've had no violations. We've been inspected by Matt Wy guys every year for our trucks. I am licensed with the state of Iowa for dumping of refuge at state facilities, wastewater treatment plants. That's where we go. There'll be no waste coming back to this facility. We suck out everything on site where we pick up the units at. They come back empty. We're going to be there working on them, servicing, maintaining, and delivering out of there. I know I put on my order that we have 400 portable restrooms, and we do. There's multiple other sites that I store stuff at. There will never be 400 units at that site. And out of those 400 units, currently in the winter time, we slow down. There's still 80% of those deployed on long-term rent. The traffic um the tra our trucks are Ford DY trucks. The traffic going out on that road is not going to impact it at all. Currently, we have five service trucks leaving roughly 7 o'clock in the morning between 7 and 8 coming back between 3 and 4. And we do have a couple bigger septic pumper trucks that may come in and out of there and they are on an as needed basis for septic pumping for the rural community. The odors uh there's there's no waste

coming back to the site so odors are going to be at a minimum. The site we run out of currently I lived on site with my kids for 10 plus years. There is no issues. Um the property I don't can we put the map up that I gave you? Will it transfer up there? This one here.

Yeah, that map. I guess maybe Pat would be nice to hold it up for people to see, but so the white building kind of in the middle might be hard for some to see, but we plan on storing the equipment behind that. And I will do any sheltering necessary with the provisions of the county to guard against u you know, people seeing it going down the road. The property itself, the main road, 250th Street, is to the east. Everything to the west I own. I live on the adjoining 29 acres that adjoins that property. To the south is a dirt road and to the south of that is 275 foot light towers that glow in all of our houses every night. As far as the isore, um we have multiple other offsort storage for facilities for our equipment. This is going to be used primarily for repairing of trucks and equipment and dispatching emergency services. Every truck that I own, every piece of equipment that I own has G&T services on it and it has a phone number on it. That is my personal cell phone number and the business line. If there's anything that arises, I would appreciate the neighbors calling me and I'll try to rectify it right away. I'm more than happy to rectify any conditions recommended that are reasonable by the Mills County Board and Zoning. I appreciate you guys being here. Thank you.

Any questions before we uh I got a couple questions. You said you right now you average 7 to eight employees, correct? Okay. Do you anticipate that being about the same or do you anticipate expanding? We we've stayed in that number for the last two years. I mean, okay. Everybody would like to say they're going to grow, but you never know. How many uh units would actually be on your site then? Like right now, or does that change by season? It changes. You say you have 800 and they're all over the place, right? 400. 400.

But we have over 300 out of them in the field of long-term rental even through the winter months, which is slow. Our busiest time is Fourth of July. That's when we usually rent out everything that we own between uh Fourth of July stands and people having parties and that sort of thing. there on that site right now? None. There's nothing there currently because I have a special use permit. My existing permit, um, it's a little bit of a ray right now because I'm cleaning through the buildings with the hope to move in, but I would say there's 40ish there. Okay. In your existing site, you're still using your existing site, correct? So, you're going to continue to use your existing site, too? No. No.

But we have other off-site storage locations. Okay, that are not at this property. I have other businesses, too. I guess I should say that we do a little snow removal. I have portable restrooms, trailers. I have a mobile stage that I have donated to years in a row now to the homecoming event down here. We do some soil erosion. Not a lot, just a tractor to do that with. I buy all my fuel, source all my fuel, all my propane locally. Jack, your father was at my shop this this morning, actually. Um, I got to meet him. So, we try to spend our money locally, and we try to keep it locally, and we try to service the community.

How many trucks do you have for snow removing? I'm sorry. How many trucks do you have for snow removal? One at my house with a blade on it, and we have one other truck with a blade on it. We use a couple skid loaders. We take care of one customer for snow removal. We're not a large outfit. We do not store any salt or ice melt or chemicals of that character at our site. That's all at the location where you move the snow at. Do you pump your the units out before you bring them back? Where do you hose them out and clean them at? Well, if we not clean them on site or we may be clean if we're repairing them, we might be cleaning some at this site. But

but there's basically no hosing out or cleaning at this the So everything's collected in a tank. I mean, and it's all you've readed my units before. So everything's in a holding tank. So we rinse that out and we suck them out. There's no contaminated materials or odor or liquid going out on the ground. You know, it'd be similar to washing equipment. You know, if I wash your car outside and we do have, like I said, restroom trailers, handicap units. Um, you know, there's array of units that go with portaotties and a blanket, I guess.

We have some mounted on trailers, single ones for construction units for like heavy highway use, but the equipment stored on site's more going to be truck and trailers used to move some equipment around. I'm going to try to keep all the trucks inside also. I'm sorry. I guess I'm trying to figure get it all in. Uh, first of all, we don't have a bigger aerial map than this. How close is your nearest neighbor? My nearest neighbor is actually Oh, this. Yeah. Just to the north of there. He's he's here this evening. How far north? I would say the next property line. So, I mean, this property joins mine. Couple hundred yards maybe. Maybe.

Okay. To the south, it's a pretty good distance. It's I would say a couple city blocks about to the east. There's nothing over there that farm ground. No, everything to the to the east is farm ground and uh I measured you know like Straoud pumping. They pump septics out and they go and get it at the down on the railroad a right here. Yeah. How do you get rid of yours? We have an account set up at Glenwood to pump to dump here, but most generally I go to the council less wastewater treatment plan. Same type of deal. Wastewater treatment plant. Yeah, it's more of a facility than there. We just dump in a man.

He has to fill out forms every time he dumps stuff in there. You have to do that, too? Yes, we have to fill out forms and we do a pH test on it uh before we dump it and we turn that all in right to the officer at the wastewater treatment plant. All right. All right. Thank you. And and on that point that I didn't mention, um I'm licensed with the state of Iowa as a septic pumper and they do um annual record inspections of my gallons of use and proper permitted dumping that I have to submit to the state of Iowa every year also along with the annual inspections on every individual truck. So, you said you have rolloff dumpsters also.

We have I'm getting into the rolloff dumpster business. I currently have some that are behind that building on set property because I don't have the truck yet to move them operational. Um, and I had to unload them because that's when they could ship them. I don't have distinct plans on running all those dumpsters out of there. I may have a couple sitting there that if I have something going out, but there will not be any trash stored on site either or transfer of dumpster trash. I will not be unloading anything there, reloading it. How many dumpsters are you planning?

Um, I've currently got about 20, but I'm just going to see how it goes. That's quite a bit to start with with one truck, so I'm going to see how that works and adjust from there. So when you were saying so what are you planning to store inside? Didn't you say you were going

I'm going to try to keep our equipment or trucks inside and then we're just going to use it for maintenance and repairs of any other equipment. There's going to be a couple pumper bigger septic pumper trucks probably sitting outside and some trailers. The light towers I have at my shop currently but I store those at another location. They were on a long-term rental for a a Christmas lighting over in Belleview. So, I want to bring them back and service them and then I'll take them back to their normal storage. So, your plan is the dumpsters and the porta potties are going to be stored outside in this area over here.

Yes. Yes. Behind that building. Behind the building more like I want to try to keep the the line of sight as a as a minimum going down the street. Okay. you know, the neighbors and I want to be a good neighbor and I live there, too, and I understand the concerns. Um, I'm glad you brought that up. So, why are you not wanting to store these on your main property? I can I don't have a special use permit for my 29 acres or I can put them anywhere. I don't It makes no difference to me. I was just curious like because when I was out there driving around checking out, you know, line of sight and everything, I was like, "Oh gosh, we got this guy up on the up on the hill. That's me."

Yeah. And I click beacon. I'm like, "Oh, it's him." So I was like, "That's one person I don't have to worry about." Yeah. I don't have I didn't The shop I use up there is for more of my personal storage. I had a couple work trucks at my home. Um so I don't I didn't have the shop facilities to for maintenance and and you know working on trucks there. Okay.

But if the the county sees fit that they see somewhere else on the 29 acres they'd rather have me at the neighbors are good with it. I have no problem. There's four acres on this site. This for pro site I'm trying not to put anything to the south. My that is not my intent to put anything to the south that is open to the roadway. it' be more back to the north and west. And if you guys recommend some type of barrier, then I'm more than do that to try to to break the line of sight.

Oh, I don't know staff report or public comment because staff report is going to have some recommendations for conditions and that might some people's uh questions for public comment. You want me to do staff report first?

I think it I think it'd be good to do staff report first. I'll preference the staff report by saying that at the time when these were put down the dumpster aspect of this was not known. Okay. So the centered around port industry that was there. Uh so we would have to I think we'd have to discuss the dumpster aspect of it and numbers and storage places ahead of time on that. But in regards to this part of it, um the the staff recommendation would be to approve the application for the trades this conditional use of trade services under the following conditions and that is that the applicant would be limited to the eight full-time employees. Number two is that any outdoor storage would be screened from the roadway by the side by a sight obscuring fence or landscaping barrier. The owner would submit a site plan to be approved by the department showing the outdoor storage area and the screening. Number three is that the applicant will secure the building permits for improvements. Number four is that the applicant would secure any necessary septic and well permits to support the site and the employees. Number five is that no sewage would be brought back to the property. All the units would be all the units stored on site would be cleaned and emptied prior to be brought prior to being brought back to the property and it's based on the following findings. In fact, the subject property is located in the class AR agricultural residential district zoning ordinance adopted in conjunction with the land use plan stipulate that trade service is a permitted conditional use in the district. Number two is that conditional use managed with the above

reference condition would help ensure that there are no negative impacts to the surrounding property or the road use. Thank you.

Dumpster aspect of it on there would take some time to go back to the zoning ordinance and kind of see where dumpster rentals can fall into. They can get a little tricky as because of what Gary just mentioned when he was talking in there. People who do dumpster rentals, if they bring what you see happen is that they they start off and they're running the dumpsters and they'll take them down to the landfill and they'll they'll dump them they'll bring them back. Um, pretty soon they realize the number of trips that they're making back and forth and it becomes real easy to take one dumpster, dump it on the ground, scoop it up with a skid loader, pack it on top of another dumpster that they have there on their site and then haul it in there. The Iowa DNR will automatically classify that as a transfer station. that takes a large amount of work to get permitted for and h to have a transfer station located there and proper zoning. Um a number of protocols have to happen before you're able to get that and um it can become a headache for people in our department having to try to manage whether or not that is happening um or not. So, I just would I would have to take some time to go back to the zoning ordinance and see where exactly dumpster rentals would fall in at and whether or not it would actually be considered a trade service. So, you don't know if if dumpster someone wants to just do dumpsters if that's if that's regulated if that's stated in the zoning our current zoning. Is there anything about dumpsters now in our current current zoning? Like I said, I didn't search it, so I would have to go find out what it, you know, is it dumpster? Is it is it listed as dumpsters? Is it listed as containers? Um,

yeah, that's a different deal. Is it is it considered equipment or is it considered, you know, something different from that conditional use permit as condition for warehousing and use of equipment? We don't about roll off. So tonight we can just focus on the porta potty part of this and do dumpsters later. Have to do another conditional use permit. What's that? We either can add conditions for about a dumpster a rolloff or you'd have to come back for another conditional use permit.

I think he'd have to come back because he applied for this for the port bodies, not for the dumpsters. You agree, Matt? I would because a different he brought in a new there was a new application that when he came in today and you have a copy of that and that's where this part of it got mentioned at the original application that was given to us um on the original date mentioned the port of business. So that is what our focus was on in preparation for this. I understand that.

And I'd like to hear some things from the public. I'm okay with that question. Okay. We're open for public comment now. You come up. You state your name.

Name and address. Yeah, we'll need your name and address. Yes. Steve Harris 55061 250th Street. I'm southwest corner of where he's put this facility at. The main thing I'm doing, I've seen a lot of work done there and everything, but I'm starting to go, "Okay, that's fine." And he said he was going to move his business down. I didn't know what his business was, but now I'm thinking about I'm looking out there and I'm going to be looking at portaotties from my front step. He's got trucks that going to be coming in at 3 or 4:00 in the afternoon coming returning when the school buses are coming through dropping off kids down along that road. And there is enough traffic on that road now without adding his vehicles in there. when them buses are trying to stop in front of my driveway there at the county road up the street aways from him up the hill a couple ways and he says we'll only be maintaining our equipment here in these buildings working on them which is fine and uh but when he's working on them not all of them's going to be running so how he's going to flush them out till he gets running and then he has to flush them out. Where is that all going to go? Are we going to have a se a gigantic septic tank to catch all this somewhere? I'd actually myself, I wouldn't like to see it. We got a housing the huge construction getting ready to build housing to the south of that. I don't know what's going to run out of them tanks. What kind of going to run down there? He built a runoff from these back of these buildings so it'll drain, but it's just an open tube laying out on the dirt. And then when it run where it's pointed, it's going to go right down to the

corner of the intersection where the drain that runs into the creek. The creek runs down the cake creek. Then it goes down here in a little bit. How much ecoli is going to come through. You don't know what's called I know I'm probably done my two minutes, but thank you. Thank you for

Good evening. My name is Crystal Murray. I live at 255036 Falcon Lane, directly near the proposed site with my husband and my daughter. I'm not here as a developer or a business owner or even someone opposed to growth. I'm here as a mom who chose this area very intentionally because it's quiet, rural, and safe. A place where children can grow up without heavy traffic, industrial noise, unusual odors, or constant risk. Every morning, my daughter gets on her school bus on 250th Street. And I want to be very honest, that road already scares me. It's narrow and it's busy. And we've already experienced two situations where cop cars did not stop and almost hit our daughter. Moments that made us fear for our life. When I think about adding commercial trucks, employee vehicles, equipment trailers, and daily business traffic to that same stretch of road, I don't think in terms of zoning language or technical definitions. I think about standing at my window watching my child climb on a bus, hoping she makes it home safely. No parent should have to weigh whether the neighborhood is becoming too dangerous for their child. Sorry. We were told that most business activity happens offsite and that equipment will be stored indoors or behind buildings. But even with that, trucks still arrive, employees still commute, equipment still moves, engines still idle, and all of that activity happens directly in front of our homes in a place that was never meant to function like a com commercial corridor. This is not an industrial park. This is where families live. We also depend on wellwater. Our neighbors do too. This is a creek. There is a creek bordering this property. Even if waste is not stored on site, the reality is is that commercial operations introduce fuel, fluids, equipment runoff, and risk. Our groundwater is contam. Once groundwater is contaminated, there's no easy fix and you can't undo that for the families that drink that water every day. And then there's the emotional side of what a home means. We build a life there. Our routines, our sense of peace, our

feeling of safety when our child rides our bikes and play outside. The constant presence of commercial vehicles and industrial activities changes changes that permanently. Enjoyment of a home is not just a market price. The ability to sleep without truck noise, to let your child wait for the bus without fear, or to drink water without wondering what might be upstream, to feel peace when you pull in your driveway. The request asks you to place a commercial operation in the middle of a residential and agricultural neighborhood. And once that door is opened, it cannot easily be closed. So I'm asking you not just as a homeowner, but as a mother, please protect the families who live there. Please consider the children whose road who traveled that road every day. And please consider our long-term safety and health of our community. And please deny this application. Thank you. Sorry for going. Good evening. My name is Brooke Donor. I live at 55063 250th Street

Southwest from the property centrally across the street. Um, I had a lot of comments I wanted to bring up, but um, just in addition to some of the things that have already been stated, my husband and I purchased our property in April of 2023. Um, I don't want to get in the way of anyone's livelihood. I don't want to get in the way of business and growth in this community. This is a community that we chose very purposefully for our family. Um, but standard two requires that this use must not be injurous to the enjoyment of surrounding property. Because my property sits on higher ground, we have a direct unobstructed bird's eye view of this entire parcel. Um, there's no shield that is going to be high enough to block that out. Um, we can see it from our front porch. We can see it from our patio. We can see it from our bedroom windows. We can see it from our back deck and the pool that we swim in in the summers. Um, this is going to directly affect the market value of my home. Um, anyone who comes to either appraise my property or for even um refinancing um is going to see this parcel and portaotties on this parcel. And regardless of whether there actually is smell, um, they are going to assume that there is smell. They are going to assume that this is what they're looking out of through the front windows every single day and it's going to devalue my property. Um, that this is the biggest investment that I've ever made in my life is in my property. Um,

I ask you to deny this permit, please. 55063 250th Street. I do have images from my property. Am I able to submit those to each of you? As long as As long as you let us keep them. Yes, absolutely. Thank you.

Thank you. My name is Kathleen Caldwell and I live at 255082 Falcon Lane. I'm here today to speak about a proposed portable toilet business intended for across the road from my home. Uh I attempted to submit my written comments to the board in advance, but the email address provided rejected my email as spam. I would happily remedy that, but I'm thankful for the opportunity to speak. Now, I wanted to begin with the impact this proposal would have on the property values of every residential home in our area. According to the Mills County Assessor Records, the property in question is zoned residential. Yet, the activities proposed for the site clearly fall under industrial use. Section 273.9 of the zoning code defines industrial use as the on-site extraction or production of goods by non-aggricultural methods and the storage and distribution of products. A portable toilet business would require the storage of portable restroom usage of sanit sanitation and mitigation chemicals, the storage of commercial trucks, the distribution of portable restrooms to job sites, on-site cleaning and preparation and maintenance. although some of that has been clarified how that would be handled today. Um, these are industrial activities, plain and simple. Allowing them on residential property sets a dangerous precedent, places nearby families at risk of exposure to biohazards, contamination of the groundwater we all rely on. My children drink the water from our well, and so do my neighbors. We swim in the water. This is not an abstract concern for us. It is deeply personal. I've lived in western Nebraska and eastern Iowa for most of my life and Falcon Lane is the windiest place I've ever lived. According to the Mills County website, our area is classified as exposure sea

with wind speeds of 90 miles an hour for 3 second gusts. We all know what this means. The wind here is powerful, unpredictable, and sometimes destructive. I have retrieved items from my yard that traveled so far I could not locate their owners. Yard furniture, small pools, objects that you would never expect to become airborne. Neighbors have lost items that were secured with two-foot deep screw down tie downs. The portable toilets don't have to land in my yard to threaten my children. All it takes is one spill, just one, and those chemicals and waste products will seep into the groundwater. All spills will happen. In a fully enclosed facility, the risk during loading and unloading is significant. But here, there's no enclosed facility. There's no indoor storage. The application mentions 400 units potentially be stored on this property. Even if many are out for use, we all remember how quickly circumstances can change. Co taught us that hundreds of units stored outdoors and high winds is just not an eyesore. It's a hazard. The wind will carry odors, chemicals, and potentially biohazardous material. According to Iowa State Mezonet, in the last 30-day period from December 10th to January 10th, we experienced three days with winds between 45 and 60 miles per hour and one day over 60. That's not unusual in our area. And I would remind the board of the enclosed trailer that was lifted into the air on 240th Street near Gaston and thrown under the services lines 20 feet in the air. If a trailer can be thrown like that, what happens when the same wind hits a row of unsecured portable toilets? This is not just about zoning definitions or technicalities. This is about the safety of our families, the integrity of our water, the value of our homes, and the character of our community. We chose to live in a residential slash agricultural area because we wanted to be safe pe and peaceful place to raise our children. Allowing an industrial operation of this nature in the middle of our neighborhood would fundamentally change that. I

respect your time is up. We appreciate it, but we can't we have number of other people to go from. We heard your heard your concerns on wind very close. You didn't really limit what he had to say. So I I I would just make two points. One that you deny this and two that he makes it sound like things are very far. My home is 450 yards from his and our one of our neighbors is 43 yards from his home. And it probably feels differently if it's paying your mortgage. And where do they fill them with chemicals? Thank you.

Yeah, Charlie call. I live at 503 uh 60240th Street. Um I was a neighbor to Gary uh for about seven years. He uh he's a good neighbor. He keeps his uh uh site clean, um organized. Um he communicates well. We I never had any issues. Uh hardly ever saw a port out by his uh shop there. Um no runoff or anything like that. The traffic wasn't a problem. Um, yeah. You're still

You're good. All right. That's all I have to say. Thank you. Where'd you say you were again? Where was your old place? Where's your current? You would have been my closest neighbor to my existing shop address. He lived there next to me for seven years. And how far was your house from his shop address?

Hit his house of the rocks. Maybe uh 100 ft be right across the road. My name is Kyle Renan. I live at 24214 Masters Road. I'm a former employee of G&T and a friend of Gary's. Um I'm here tonight to state that Gary consistently follows through on what he says he's going to do. I have no concerns whatsoever about him operating his business from that location. Um, I believe he will operate the business responsibly and professionally. Thank you, Kyle.

Chris Reed, 25126 Falcon Lane. I'm at the top of the hill facing down into this property. Um, so I'm here just to focus on traffic and safety. I'm not going to give you a million different things, but affordable restroom business requires regular service, transportation, as he talked about seven or eight employees coming in, trucks coming in. It is a narrow road if you've been down 250th, which all of you have. It's narrow. It's blind spots, blinding, and it's not a industrial use road. It is not Baris Road where it's meant to take those heavy trucks and seeing those heavy trucks try and hit people every day makes me fear for my children with trucks coming in and out at 7 and 3 during bus time. Um, so I just, you know, we see what's happening on Baris with the industrial trucks and the safety issues. This morning driving in the work, truck barrels out hundred yards in front of a driver, they had to slam on their brakes. And I just can imagine trucks and I recognize that you say that operate safely, but in my experience, industrial trucks are not looking for children. So I just want a safe environment for my child. And I think that safe and then the wear and tear on the road. That road's not built, like I said, it's not ferris. It's not built the asphalt. It is just press rock and that's going to take a lot of wear and tear. I'm good.

Thank you, Chris. Let me give myself two minutes up.

I'm Chris Burnhards. My address is 55079 FZNer Lane here in Glenwood. Um I appreciate the opportunity to speak this evening. I'm here in strong support for our friend Gary Martin and his business G&T Services. We have known Gary for several years both personally and professionally. I can say without hesitation, he's someone who leads with integrity, responsibility, and respect for this community. He's not only a business owner, he's a neighbor, a taxpayer, and someone who genuinely cares about doing things the right way. G&T Services represents more than just a business adventure. It provides jobs, contributes to the local economy, and a business that reflects the entrepreneurship that our country that helps our county grow. Gary has consistently shown a willingness to work with local officials, follows all states and county regulations, and has been receptive to feedback in order to ensure his business operates responsibly. He has a commitment to this community. He has invested his time, resources, and energy here. because he supports smalltown living and the future of this county. Decisions like the one before you tonight are always impactful to more than just G&T services. We respectfully ask the board to consider Gary's character, his track record as a local businessman who supports other local businesses as you make your decision this evening. I truly believe that supporting G&T services is in the best interest of both the county and the community. Thank you all for your time, your service, and for allowing me to speak this evening.

Hello, Suzanne Matthysse and I um live in 25127 Falcon Lane and we are at the top. Several of my neighbors are here that live on the same road. So, we too will have a direct view of the area. We moved here about 11 years ago because we moved outside of town in that area because of the 360 degree views. Um, lots of building is going on. Lots of homes are being built on our road, which is great, but like several of my neighbors have said and people here tonight, the road is very narrow. There's no shoulder. I have teenagers that drive. Some of their friends, parents will not let them drive past um when it gets dark outside because they're afraid like it's just so narrow. If we have big trucks on that road, I'm afraid sometimes with just normal trucks coming past them. I have to get clear over. There's no shoulder and it's just scary, especially in the winter. So, if we have more traffic, more than what we have now on an already narrow and dangerous road, imagine what it will be like when we have more trucks on this road, bigger trucks on this road. They do not fix our road the way it needs to be fixed. And I've had several people say that they know exactly where 250th Street is because oh that's the narrow road, right? That's that road scares me. I don't even know how many times I've heard that from friends, relatives, everyone. People are wanting to come out to this area to build homes because it is beautiful out there. It's all residential. There's no businesses

there. So why I understand like that you're trying to make a living. There are other places that you could put this. So I really just don't even understand that. But it will severely affect our properties and our value. It has nothing to do with statistics or anything else like that. All you would have to say is, "Oh, well, our house is for sale, but there's a porta potty business right down the road." And as you all know, you could answer that question yourself. Would you buy a house that's directly across from a portaotti business? So, I'm asking you, please do not be in favor of this. Please, like, it is our livelihood. several of our livelihoods. And if we want to sell our home, it will affect it severely. So, please do not do that. I'm sorry. I know you're trying to make a living. I'm sure you're an upstanding citizen. And I don't think that's what it is. It's it's the property values and how it will affect all of these people. So, thank you for listening.

All right. Thank you. Hi there. I'm Joe Call, 50360240th Street. Um I work I'm the plant manager for Scots Miracle Grow and I've done um business with Gary Martin and G&T for 10 years for Scots. Um we've never had any issues uh with any of the associates, with any of the trucks. um I have something that needs fixed or attended to. Um I get response right away within 24 hours and we're taken care of uh very professionally. Um I also live next to where Gary currently operates on 230th Street. Uh my commute to work is by that facility twice a day, Monday through Friday. Um, I can tell you you you wouldn't know it was a portable restroom business by driving by. Um, everything is kept neat, orderly. Um, there's no trash, there's no leaks, there's um, it it just looks like a a real nice u farm agricultural building. So, uh, I don't have any trouble with the truck traffic going to and from, um, there. And I am leaving and coming back at about the same times that they are leaving and and coming to and from work. So, um, and it's a gravel road where they're at currently. And, um, no traffic, no problems with his associates. Um, and Gary would do anything to help a neighbor or, you know, if anyone had concerns, he would definitely do whatever he could to um, make it right and take care of take care of things. So, thank you for listening.

Thank you. Hi, my name is Dan Donor. I live at 55063 250th Street and I am here to formally object to the conditional use permit 210002. I I object to this permit because the proposed industrial scale storage of 400 portaotties is fundamentally incompatible with the residential density of our neighborhood. I think that there is a um to there's to begin with there's a serious issue with this application. It is um there's a lot of information left out. We've already discovered that now we're talking about porta we're talking about dumpsters. Um, if we approve this, what is the likelihood the dump juice get approved? And this small business, as Gary calls it, becomes a very large business in the middle of our neighborhood. There are 30 homes within one square mile of this location. I have I have these and I I I apologize. I forgot the copies, but I will give these to you. This is uh from the Iowa traffic data. Um it is the average annual daily traffic um that Iowa the state of Iowa tracks. Currently on 250th Street um there are 460 vehicles that pass along that street every day. At the current location on 230th Street, there are 70 vehicles that pass on 270th Street or 230th Street, apology, every

day. That is uh a 650% increase in the possibility there's an accident with um the trucks that are going in and out of this proposed location. It is the applicant's burden of proof to show no adverse effect on traffic and safety. Number 11 on the application asks that the applicant to commit to comment how this statement will be affected by their permit use. I'll finish this and I'll be done. The proposed use should not involve substantially increased increasing movement or traffic on public streets unless procedures are instituted to limit traffic hazard and congestion. The applicant's answer was an A. Not at all. I find it very hard to believe that 400 containers, 400 units and trucks and maintenance has does not have substantial effect on this community. I I I beg you to I appreciate that that Gary is wants his business where his new home is, but he has a very good location that is surrounded by trees on 230th Street where where he currently is and it is a matter of a couple miles from his home. Um we all drive harder than that to work every year and that's where it should remain. Thank you.

Thank you, Dan. Larry Boring and I'm live at 54868 250th Street. I am that closest neighbor. Uh Gary's always done everything very professional since he'd been down here. Everything's kept clean. And if you have a any issues with anything he's got going, you say something to him, it's taken care of. There's been never been a problem, never been a mess, never been anything down in there yet. So, I'm all in favor for it. I said I'm right next doors. Thank you, Larry.

I really don't talk in public. Gary is my neighbor. He He was my unwanted neighbor. He bought the property right behind me. My name is Doug Mullenax. I live at 54788 250th Street. Doug, can you give me a second here? Absolutely.

Okay. All right. Thank you. Got it. Yes.

All right. So, I'm just north of where this proposed thing is. And um when I moved out, there was corn fields on three sides of me. So my closest neighbor was Larry Borchard in there that uh was across a little cornfield from me. Um since then, the driveway has been built completely around my house. And we've got a giant building up on my sunset that used to be there, which is where Gary is now. Gary's been a fantastic neighbor. Um, I had problems with his lights shining down on my property. I mentioned it once, shut him off. So, I will say he's been a good neighbor. However, the other night I was watching TV at 9:00 at night and I heard this super loud noise. It was I mean, it startled me. Sounded like lightning and thunder. I mean, it just it was super loud. Got up and looked around. I didn't see anything, but the whole side of my yard was lit up from the south. And uh I walk out there and there's these semi-truckss dumping off dumpsters out there making a horrible racket shaking my house. The vibration and stuff down there for the dumpsters is super loud. And I looked around and then I got this thing in the mail that there was going to be a portaotty business putting in down there. And that is my view. I looked down over the hill right at it. The lights are shining at my house when they were delivering dumpsters the other day. He'd improved that property dramatically from when Bobby lived there. Bobby like lived there. It was uh there was junk everywhere, you know, and Gary's really cleaned it up. Um however, um that doesn't fit our neighborhood. I thought there that would be residential with that with the street that we have there. I assumed that it would all someday be houses because it's a

beautiful place to live. Um, but I I don't commercial traffic. I talked to Gary about it. He because I was worried he's going to move it up to his property and he said he wasn't going to move it up to his property, but then this deal came through. So, and I haven't talked to you about this. So, yeah, because it's a different property. So, that's all I got to say. I wouldn't want it I don't want it down next to me. So,

thank you. I was told three minutes. I'm just kidding. Go ahead. Um, hi guys. I'm Ann Steel. Um, my husband Matt and I live just north or just south of the property, 55488 250th Street. Um, we chose this location very intentionally. Obviously, everyone here wanted it the acreage dream. Um, we're minutes from town. We've got beautiful views, but we no by no means did we expect commercial business to be in our neighborhood. Um, the people amongst me, their kids ride the bus with my kids, but they play outside together. They're friends. They watch our house when we're on vacation. They water our plants. They feed our animals. Um, this is our neighborhood. You know, we don't it's not defined. We're not all one community. We're all not Falcon Lane or Hop Subdivision. Our our neighborhood is from one crest of the hill to the other crest of the hill and we look out for each other. Bring a commercial business into an RA zoned area changes that commercial or that feeling of neighborhood. It changes what we see. It changes our day-to-day. It also sets a precedent that doesn't fit this neighborhood. And once this happen once this happens, it becomes much harder to protect what this area has been for many years. I know Mills County rewrote its zoning ordinance in 24. That ordinance talks about public safety, quality of life, and making sure land uses work well with each other. The building and zoning department's mission also speaks to protecting quality of life and building strong relationships between residents and the businesses. From a neighbor's perspective, placing a commercial operation of this stature in this location does not feel consistent with the goals of what Mills County has given to us as Mills County residents. I understand that the past of this board I understand that in the past this board approved some trade style resident or businesses in RA zones. I respect that history and I am supportive of the growth of Mills County. But with an

updated with updated ordinances, new faces on this board and continued growth. I believe it's an opportunity to be thoughtful and consistent about where commercial businesses belong in our county. If there are areas, which we know there are, that are zoned for commercial uses, especially businesses that bring increased traffic and daily disruptions, I ask you why this business would not be placed in one of those areas instead of in our RA district. And also as this has come up with the with the dumpsters, I wonder with looking back at this zoning and what this means, is there something specific about having portaots and is there something specific about having dumpsters in this area? So, please look at that and if you come, we'll welcome you. We're good neighbors. We're good people, but please protect us. Thank you.

Thank you, Ann. Uh, Nicholas Murray. I live at 255036 Falcon Lane. Uh, good evening. My name is Nick Murray and my family and I live near the proposed site. I spent more than 20 years working in the construction industry. So, I understand exactly how different type of operations function, the equipment they require, the traffic they generate, the impact they have on properties around them. That experience is why I'm so concerned. My family chose this area because it's quiet. It's open space, the safety, a strong sense of community. Our kids play outside, we spend time together in our yard, and this is just where we live. This is where we belong. And this is why this decision is so meaningful to me. The application describes the business as a small trade service operation, something that usually means light tools, couple service vehicles, maybe a small amount of indoor storage. uh what I see and say with respect uh I support trades people. They're essential to our community, but the business being run out of the property is not trade services. According to the company's own website, they're provided port rentals, septic pumping, drain cleaning, dumpster rentals, and stage rentals. Every one of those services requires heavy equipment, vacuum trucks, dumpsters, trailers, pumps, tanks, and outdoor staging. These operations involve long-term vehicle and equipment storage, repeated loading and unloading and the handling and of sanitation units and waste related material. Those are the characteristics. Those are not the characteristics of a small commercial trade business. Those are the defining characteristics of an industrial use. Uh under our zoning ordinances, uh industrial uses including construction yards, waste related services, long-term vehicle storage, and outdoor equipment yards are not permitted in the AR district. The impacts from this kind of

operation don't stay on the property. They bring noise, fumes, vibration dust, heavy truck traffic, things of that nature. I also want to share something of the construction professional's perspective. When a business seeks an approval in a residential agricultural area, there are basic documents that help support that site plan, buffer screening, drainage information, hours of operation plan to controlling noise dust, whatnot. Um, and final, uh, I would like you to please deny this. This isn't just harming my family, it's harming my family in the community we live in. So, thank you.

Thank you, Nicholas. My name is Kelly Stangle and I live on 275th Street and I live in the country. I understand his business and I'm assuming what I've heard from people that he's very outstanding citizen. He'll take good care of the property, but someday he's going to sell that property. And how are you going to control the person he sells it to? Who's going to say that they're going to take care of it? Then all these people who own these homes are going to have a mess. And I wouldn't want it near my house. And I would hope that you would protect them.

My name is Emily Portray. I live at 55356 250th. Um, so it is just a short distance from this proposed site. Um, as a resident in this quiet residential area, I am here to share a few genu genuine concerns. Um, I do have some pictures I'll give you, too, of our direct view of this proposed site. Um, but like all of us here, I come to you out of a complete love for this community. I grew up here. Um, Mills County is all I've ever known. Uh, graduated from Glenwood and chose to move back here after graduating college. Um, still very involved here in our church 4 sports, youth sports staff with my four kids. Um, and like all of our neighbors around us, Matt and I achieved the goal of, you know, having a few acres in the country on a paved road, um, to build our home and raise our kids there. We built it 18 years ago, um, before we even had our first child and have always loved our beautiful views, the families that surround us, the kids we've raised together, um, and the peaceful community character that we do have there. Like Ann said, we're not a little culde-sac neighborhood. We go from crest to crest and we all have each other's backs. We all enjoy the beautiful views and all of us together. We are a community. Um, so just a few concerns that a lot of them have already been addressed. I'm not going to beat a dead horse, but odor safety and quality of life are my main concerns. I know even without cleaning these units, um, you know, emptying them near us, whatever, it still is a risk. It still, no matter what, I don't think any of us can deny that any portaotties smell good anytime, right? Even if they are freshly cleaned. Um, my oldest child just turned 14. He now has his driving permit, a brand new driver on our road. You've already heard how busy 250th is. Um, we have, you know, the increased presence, like we've already heard, commercial trucks associ associated with this business would definitely increase safety risks. He's my oldest. I'll have another young driver in two years, and then I'll have another two drivers in 19 months after that. all these young

drivers. Um the commuters who already share the road with us, we've already had multiple multiple bus incidences. Um Mike was already mentioned as well. So anyway, in conclusion, I understand his intentions. I just ask that you empathize with our neighbors um and us who value a clean, peaceful neighborhood and seek to maintain that residential nature of why we chose to build our homes and raise our families there. Thank you for considering Emily. Yep.

Good evening. I'm Matt Fortray. Same address. That helps. I'm a Glowwood alumni. I've served have business in town. I served on the school board and member of chamber of commerce. I only say that to hopefully show that my actions in my life reflect my desire to see Mills counties grow. You know, pro small business, especially after the disproportionate challenges of CO 19 masses not too long ago. But that said, we have zoning laws for reason and there is a place for this activity. I just don't see how the residentialized social zone land is in that place. Uh I'm just going to say I echo a lot of the quality concerns that were well stated here from others. I want to reiterate that and I just just ask in the interest of conserving and preserving our rural character, our accounting for ourselves in future. Respectfully ask that condition very much. Anybody else? I got one question. We've been

Okay, quick one. Okay. Before we make a decision, I'd like you to the board to drive up by his prior business. It looks a little more like a salvage yard. I live by it. So, that's not a question. Business. All right. Well, I would start by saying let's we're not going to talk about rolloffs or dumpsters in any way. This is not about that. I don't even know if I want to broach this, but do we have stipulations for rolloffs right now in our county? Dumpsters, rolloffs. How many how many can a farmer and a ar how many can anybody have in their property before it's regulated? Do you know? I don't know.

Okay. All right. So, we're not going to talk about dumps. All this is about portaotties. What I would offer real quick, do you want to give the applicant time to respond to any of the issues that were brought? Heather would like him to respond. No, he you give him chance to respond to Okay. Yeah. Oh, board member would like to uh the applicant to respond to those questions. Just talk to us, not to anybody else. Please.

I'd like to thank everybody for coming again and appreciate their input and their understanding on their concerns with this going on. I would like to hit a couple of the notes that I thought were important to the to the neighbors here. uh the traffic. I understand the traffic that they're concerned with and how busy that road is. Um like I said, we've got four to six trucks that are going to be coming and going daily. I would say that most of the neighbors here seem to live towards the south. Um with the concerns with the traffic, I would say on a normal day that half of my trucks are going to turn out and go north, half are going to turn out and go south. So, it's not going to all go by their house. Um, we have no semi-tractor trailer type equipment. Every truck that we own and operate is going to be lighter than a county truck or a school bus. Um, the I know we touched I'm just going to reiterate that there'll be no septic waste coming back to the shop. I know that's a big concern for any kind of water runoff and contamination. One neighbor touched on the winds. That's why I want to store the units on the north side of that shop. So, if the wind's out of the north, it will blow them towards the building. If the wind's out of the south, the building were protected. And if something did blow over, it's a good size hill up to my neighbor's house there. Pretty much all I wanted to say. Thank you. Appreciate you guys' time.

Thank you, Gary. We're open for board discussion now. question. Uh Matt, are our uh zoning stipulates that trade service is permitted in conditional use permit? Uh does the city aware that portaotties are a trade service somewhere in our zoning books? No, that was a delineation made years ago when the first conditional use permit was issued on this industry on that type industry or porta body. Is that what it's called? So this so whatever year it was this was allowed

as a trade as a trade and was portaotty. Yes. All right. Where was that at? That's at his current location. His current location. Do we do we have because I remember when Gary came in for that conditional use. Do we have those requirements that we set on that property at the time? Yes, we do have those. They're still sitting on my desk. Yes. But yes, we do have those. So there's a there's a portaotti operation on how to I his name. Yes.

Clay Lincoln and I drive by there a lot. He's obviously storing poor potties there. Does does he have a plan?

What are what are his like came through before I was on the board, but does he have if we can like mesh because Clay's got a lot of people around him. Can we mesh Clay's requirements in with the existing What are Clay's requirements? won't know that there was conditional use permit on that property. Like have that we've got a non-conforming use happening right now. Yes.

Well, the the conflict as I see it and it's always kind of the same. Well, not the same, but this is very intense meeting, but this is allowed in our zoning. And if we deny something that's allowed and this applicant is doing everything legally, we open our county to liability, being sued. It's happened twice. You know, I don't want to get into those specifics, but we have to be very careful if we don't allow something that's allowable. And we're a volunteer committee. Our board of supervisors approved everything that's on zoning. And there's a lot of gray area, but you know, that's that's, you know, that's the deal.

I know one of the concerns are the trucks and traffic. I live on 200 and 21st Street and Beerish Road, right on the corners where the stop sign's at. I know what traffic is and I know what heavy equipment, what heavy trucks are because it goes by my place every day. I know how many times his trucks or have a good idea come by my place every day because I'm outside more than I'm in the house. His trucks are no larger than the average DY that's pulling a stock trailer down the same road you guys live on. His trucks do not come by that often. His trucks have mufflers on them and they're quiet. His place down the road looks no different than any other place setting out in the country. You know, I know you guys built your houses out in the country and that's where you wanted to live, but you built it with farm ground around you and the farm grounds disappearing, too. So, everything changes. The traffic on Bar is not the traffic you're going to get from these trucks on your road is not going to be that noticeable because I see it every day. So I to me the biggest issue here is going to be how you store those so that they're not an eyes sore for the people that are living around. That's to me that's the issue. I there's not a I familiar that's why I asked a question earlier. How do you clean these before you bring them back? I'm familiar with how this is done. So you're not storing chemicals there. So that's not I'm not worried about a chemical waste or they we shouldn't be worried about a chemical. The runoff shouldn't be any different and a chemical shouldn't be any different than the farmers that are farming in the same area you guys live

in. You've got the large semis hauling that corn and the beans down the road twice a year, every spring, every fall. So every day we can we answer questions from there. I wouldn't, you know, hang on. Why is this the point of this meeting? Hang on. Why doesn't he stay where he's currently at? Where there's no traffic, there's less less traffic, less impact to residential neighbors around him. Why can't he stay there? Okay, that's enough. Please. Please. We try and do our best here. Okay, we heard you.

He's functioning out of a location already. So, nobody else around the area owns a small business from their house. Yes. Within a quarter mile of my house, there's a business that's running out there with more traffic than I'm It's not a porta potty business. This can't be a free-for-all. This got to be organized. Outside your front door, when you're playing with your kids, when you're having your cup of coffee, seriously, I'm asking as a concerned resident of this town. I'm outside of my outside of my door. I have 30 trucks a day. That's trucks. I'm talking portaotties outside your door. It doesn't make this the

So, I spent I spent a good amount of time driving around your guys' area yesterday afternoon. Spent a good amount of time. I'm looking at these pictures of the lady I forget who it was that has the pool. I'm I'm assuming this pool is on the front of the house towards the road. No, it's on the It's on the back side of the back of the house. Every one of them though, it says view from backyard deck and pool. It looks like it's close to the road. Standing on standing on our deck standing on our Okay. So, it's on the north side. It's on the north side. It's kind of on the north side of the backyard. Yes.

Is there is that like over the fence? Do you have a fence around it or around the pool, but the deck sits above the fence? The deck is actually higher than the fence because it's below the fence is below the tree. And so by taking these pictures in the winter, yes, you have a direct line of sight. You can see it because there's not leaves on the trees because around see that entire property in the summer as well. You can, but there's going to be leaves on the trees. I could have only refinance or sell my property. This is board discussion right now. We can ask you questions, but right now this is board discussion. Let us

let us ask questions. Let the board discuss this right now, please. Okay. So, please. No, but that's my problem. No, I got it. So, as you can see like from that picture you where he's proposing all these portifies are going to be. Well, first of all, it's not on the north side of the building. It's on the west side of the buildings. And believe it or not, there are no trees in obstructing that vehicle or whereas he's proposing like you're going to see the entire area. So on the one from the I sit clear above it. We sit clear above the

Are you done?

Yes. So what we've done in the past, okay, is we tend to follow our regulations that are sounding supervisors paid and we put on conditions to try to help the neighbors. We can do that. We can put on conditions and we do that all the time and we try to work through to get the best conditions to make the neighbors happy and also tell a legal landowning person that is doing something that's legal. You may not like it, but it's legal right now. We got the zoning. We got our board of supervisors. They can change zoning. Maybe that's what you need, but right now it is legal in our county. And if we're going to tell them no, you can't do it, you better have a damn good reason because they got a lot of reason to sue our county. It's happened before. It'll happen again. You know,

maybe we talk about Let's Hey, this is board discussion right now. We ask you a question. Maybe our board could talk about what conditions if we approve this that would make neighbors less irate. So I would suggest first and foremost if there is some sort of landscaping like evergreen trees, they're fast growing. they fill out to go along what is that? The south the south side of the property because then that will form a barrier from the Falcon Lane residence.

What type of uh inspections? You do a one-year inspections as our zoning official. Is that correct? Yeah, you can go out and inspect these. So, if we wanted to do a condition that every every six months we do an inspection, can we do that as a board? We could. Okay, that's one condition we could do. Right now, it says one of your conditions is applicant be limited to eight full-time employees. Uh, we could limit the amount of vehicles or is that overstepping in your opinion? No, you can limit the outdoor storage area because when All right, we'll talk about what about vehicles? vehicles.

That would be part of if you're going to store those outside and park them outside, then we can either limit that or screen that area. So, can we put landscaping? Sure. around the south side in the way of like his site that he's at now. Those condition the conditions that focused on were it seems to be like that was strictly it was that they they were focused on a landscaping and screening standards. There was really no other conditions to that. There was landscaping standards at his current site. Yeah.

Gary, are you going to put all this stuff at that new site if you get approved? So we could limit that too. Well, and I want to know what exactly were his landscaping standards because it is clear from the road that there were really no landscaping standards for the road. When I got that, if I can answer when I got that conditional use permit, it was mostly that the portaotties were out of sight. Okay.

And we put them back behind the buildings and the equipment and the trucks were okay to be parked towards the roadway. That's why now those pictures that they're taken recently, it's a little disarray right now because I'm cleaning out the shops to figure out what I need instead of what I'm gonna keep. Can we do something to I don't even know how to like for any portaotties that are outside at the end of the business day they have to be tied down in some way so they can't blow and

an empty if I can an empty portaotty weighs over 200 lb and they're a sealed unit so for when to get inside of them and pick them up and move them could I've never had any blow around the property. They might blow over but not off the propert. So if they do blow over the speed will dig into the ground, you know, to keep it from moving, per se. What I mean

recommendations for conditions that I gave you, that was my point in the sight of steering area. I don't necessarily believe that this is an activity where you just want to say we're just going to set up building and they're going to be fine gonna be into area that has all weather surface beneath of it. So then that way you're not you don't have weed growing if they sit there for a period of time. We don't want weeds growing up in between them. We don't want it to become an unsightly area. Should be it should look orderly and screen in there. announce.

If I had to say what the main concern from the neighbors is safety, can I just see a a show of hands? Do you think that is your main concern? Safety with the road. Okay. Thank you. property value. I thought it would be more than that. I'm not asking zoning industrial he already has dumpsters on his site. He's already We're in board discussion right now. Ma'am, dumpsters aren't an issue right now. That's another meeting. Dumpsters are not allowed here.

I think it should be a six-month inspection. Needs to be some landscaping. Question for Gary. If you have eight full-time employees, how many trucks will be going up and down the road? So, currently we have five service trucks that go out every day and come back. I have a guy or two in the shop doing maintenance and cleaning. How many how many average trips a day would you say? They go out service units all day at various locations. Average number between here and valley and then they come back. So, they they're gone all day long. Yeah.

So, I'm not seeing a traffic issue here. I'm sorry. I mean, you got eight full-time employees. You got five or six units. They're one ton like doulies. They're not a big truck. Matt, do you work for the DOT? We have DOT numbers on our trucks. I want to know because you're not concerned about traffic. So, you must have Yes, I am concerned about traffic. Okay. And that's what we're trying to do conditions here. He can limit um this is board discussion right now. No, but you're discussing it with him and not us. So it seems like I asked a question of him. Can you ask a question to me? No, I didn't. Can you? He's the applicant and we're the concerned citizens

and you voiced your opinion. We live here as well. You got four minutes per household, most of you, which is fair.

You know, this isn't just going to sound, you know, I've been on this board a long time. Sometimes I wonder why I'm here. Like tonight, you know, we're volunteers. You know, people are going to be sad. You know, people are going to be mad. We're trying to do what's right to be good neighbors. You know, we don't get anything for doing this, you know. So, every time anytime someone comes in and is against it, we should just deny it then. That's kind of kind of what I'm hearing. Yeah. Yeah. This is special. And there's a lot of questions here and uh I'm I'm not sure which way to go right now. Pat,

I would suggest that if you guys do approve the conditional use permit that not only do you have six month inspections, but also you include that at any time the board of adjustment can request for Gary to come back to review his conditional use permit. And if the board of adjustment deems at that time that more conditions need to be added to the permit that they are able to do so. I think we could do some other conditional. We could say that all all units or bodies, whatever you want to call them, on an all weather surface and they're in a fenced area.

They're in a fenced area six months inspections land. Can we put a limit on how many are at the site?

We can by limited. I think it'd be easier to limit the area of the outdoor storage. And that was my concept in in there that he needed to be able to submit a site plan that we could approve ahead of time because when these we've been through this before these conditions have to be in place ready to go for operations start out there. So it's not like you get to start work on your conditions as you go which is historically there had been a lot of conditional uses that had gone that way. You have to have these conditions in place. got to go out do a site check real quick make sure that they're all there sign off on it and you're good to go and yes you know I understand that the apparently was dumped in violation of you know being here tonight for this but not a county violation you mail a notice out it's 30 days the correct violation so we'll make sure that

you know and even if this does get approved D and these conditions are out there. They're recorded and should no sewage or any any uh waste property on the site. And if a neighbor smells it, they can call our zoning officials that work for us with our county taxes and they can address it. If you see if we do conditions that they only can only have so much in this area and they're not doing it, anybody can call our zoning official and say, "Hey, they're not following the conditions." So, what's a reasonable size for an area that we should put in this permit or these?

So, when you look at the usually you kind of adjust it based on the acreage of the property. Um, so this property, you know, if you said it's a 4 acre area back there, then um it would be I understand. And the it' be somewhere around half an acre of area that you would want to dedicate towards um what I'll deem is I'll just call like a rural enterprise business, right? You wouldn't want that outdoor storage area to be over half an acre of that area. What about that uh perimeter fence? I mean, it can't be so vague. It can't be a 4ft fence. It's got to be like at least an 8ft fence. I mean, and our guidelines for landscaping are very vague, right, Jack? We just talked about that.

We could do the fencing that has the what's it called? Is that is it just mesh the you know the like saying yeah mesh whatever through it that can even block it further. So I can 21 21,000 square feet. It's a half a acre. Where exactly? Will you come up here, please, Gary, and show us where exactly you're going to

put everything. So, there's got not going to be anything anywhere else. It's only going to be on these two properties. Now, you said the portaotties because this is the north portaotties are going to go here. Where the portaotties going to go? This is a little this is a little skewed of a drawing. So, the portaotties where this storage is probably going to be moved over into this area more. Okay. And you know, I'm going to try to stay even with the building so the traffic comes from this so he doesn't see him. Now, in my eyes, this building, that building is 100 foot long. Okay.

But in my eyes, if if I did some kind of screen fencing here with a gate in it across maybe from the corner of this older garage here to that building somewhere in this area, that would block the view here. this way and then coming down the road. The building should block most of it. This stuff isn't here anymore. I didn't have an overview now, but this is all been gone and this is all gravel all the way around with a loop around it come back out a gravel drive. Okay. And then this building block some stuff, but you can still see very well this direction, you know, for the most part here. Now, the part I've got equipment that would be maybe trailers that I'm not using.

Yeah, I've got some skid loaders, maybe a septic truck might be parked there. But the idea is to keep the work trucks that go out every day in the building in the building. And then when we're not when they're out during the day, we pull units out and fix them, get them stage ready to go back out here. It's the back wall of this building and the outdoor. You can't see them from this direction. This side over here is pretty. All right. So, you're saying there's a gravel driveway around all of this, right? So, it goes all the way around, right? Because I own this field. This is

Now, can you is it feasible to put up landscaping trees along this side? So, even if you're coming from the south, you still can't see that along on the outside of the driveway. At least the majority of it. I mean, you can leave some inserts. It slopes off from from the driveway. But yeah, if I put them up on the top of the driveway, it's wide enough that I could be able to see it. I know the problem is this is uphill.

I know. If I put, you know, this is pretty easy, but this over here is going to be a little harder because they come off the top of the hill. You're not going to see equipment or the trailers truck. It's an elevation difference. So, is it still here? It's pretty easy to block. That's why I try to move everything because the building blocks. I'm still here. the building. Would you like to chime in here, please? I think a lot of my questions have been answered already.

Well, that's why I was thinking trucks, trucks, trailers, state equipment in this area, all the port bodies back here building. Somebody live on top of the show. No, this is the dirt road, the creek and the neighbor from that level. And then the dirt road is across the hill. The dirt road pretty much right. Some trees. You're done there. Yak.

Yeah. Where's the I mean how far this house I believe is that couple right here. I mean they can see back behind. This is where this you got those pictures from their house. I got a lot of them. So all right. So you see here from their bedroom, unless you put up some type of landscaping, they're going to see your big trucks parked outside by no matter what. And where I'm at now, I can have big

units, the four back trailer, the truck. I didn't I didn't feel was a huge concern for semi smaller than a farmer semi all of us here.

All right. I cannot make a motion as president. First a respectful question. All right. Real quick to see you guys are talking about because it wasn't in the application.

We're talking about a site. I understand. like specifically where he's talking about put I don't know if let us discuss it for a little bit and then we'll go pass this around. Sure. Sure. What are you thinking? I guess keep in mind it's going to be a little tighter than what that shows. I'm trying to keep the equipment storage equipment. We got we got to have the six month. Yes, that's all right. Let's start with a list of what we got to have

and we are farm that land from there. I should be more than sorry.

So we can put Amazon where passing them around. Could I explain it to him real quick? Sure. Okay. The map's going around and I can hand this one over on this side, but what it shows is the house, this building, this is the field to the south. It comes mostly towards the neighbors to the south. I'm not planning on putting anything down here. I'm going to farm that with the 29 acres here. This parking will be the employees coming during the day that are going to park there.

This equipment storage is going to be trailers, possibly a pump truck now and then. Storage of the portaotties will actually be behind this building towards towards your house. So you can't see it drops on a hill where all the dumpsters are now or no where the dumpsters are now. Correctly. I just don't have the truck. They're not saying 30 by 30. And then if I put a fence here between the building and the drive, that should block most coming this way to see and the building will hide anything towards the back. I appreciate that for you trying, but we sit up on the hill. No matter what you put up, it will bring us the

You're not going to see the portaotties. I'm going to put them up so you won't see them because I've done this. I drove up. Send you a picture from my back deck. Obviously, if you gave me your number, I would send you a picture from my de back deck where I swim with my kids where that's my sentry to put it back behind the building to sell our house, which we have several years. It is still going to be the house

that kind of the porti business there. Doesn't matter if you land on doesn't matter. It's still the stigma of that the portifi business. But wasn't your house at the very end of Falcon Drive on the highest port business? But you're at the dead end on the far side of the road. Correct. On the north side. Does that matter? Because you don't have a direct line of sight. I have the best sight because I can see down and I can see everything. Every hospital. Can I come to my back deck? I would love to have you.

You guys invited us here so that you could say that you did because you already had this decided if it was legal. No, we don't have it. We just saw all this tonight. That's what you're supposed to be to be impartial. That's why we're asking questions. But they're in effect. then why did you have to ask us here if it's legal what he's doing or the zoning the point is is to hear your concerns so that and we're setting requirements setting requirements requirements could be put in for conditional use permit so that we can try to alleviate property value it's still by a portaotti building we don't property value

it says that so I'm reading from your 2024 governance and it says you can hear and decide applications for conditional use permits and may approve or grant subject to the performance standards. It's described as follows. That the established maintenance or operation of the preferred use will not be detrimental or endanger public health safety welfare or and it goes on to say that it won't be injurious to the enjoyment of the other property in the immediate vicinity. And what we've come up with so far is 100 foot by 100 foot fence area with screen in the fence.

All weather all weather surface place of business. Yeah. Well, let me just go in order. Uh landscaping. Why can't you piece it where around? No building. Landscaping around the south side of the property.

You have to be specific to say trees or just landscape. I'm think I'm thinking like evergreens or those big bushes that grow. That will be some sort of line of sight. I would refer back to the landscaping to the site plan. That's what everybody's concerned is looking. Why can't he put them in a building that again? Everybody's concerned about the looks of it. If you can't see them on that south side, it doesn't matter. They're going to be able to see coming in from the buildings aren't that bad. I really don't see why they're so It kind of sounds like it's gonna

put them in a building in and out. No storage outside make everything everybody happy much. Then we have six month inspections. Yearly review by the board. We need yearly. We need that if we're doing a six-month inspection. Is like Matt going out. A year review would be us reviewing the

but if we did if Matt recommends a year, he goes out there and he says we need a year at any point in time comes into the office. So he gets this permit today, next month. You guys can wind up calling back and say you're violation of the conditions. Why are you operating in that way? It could be five years from now. You can do the same thing where you can pull that permit back for review without your authority of granting the conditional use permit.

Okay. Can I ask a question? Number five and ask that I was saying the property that's existing. It has to come back from the road. kind of staying that. Yeah. Saying that already. Yeah. So, what else are we adding? We in six months. We're adding Pacific site where the dumpsters can be, right?

No, we're not doing No dumpster. Sorry. I meant ports. Yeah, we added. All right. Do we want to save that? Where's I passed it around. So that main one you Yeah, you got it. We can say is that the north side of that building? Uh yes. And what would that is that the current machine shed there? Yeah, that's call that the maintenance shed. So 100 by 100.

We're going to have screening on that side, screening on this side. by his own doing and only he can only have eight employees. He's not going to get more than say six units going out in the morning and coming back. I don't see where that's that much. It's not earlier. I live on the corner. I see him go by every morning. All right. What other conditions? It sure

we've been discussing stuff here and I don't know if you could hear us or not. What? We already I can hear you. So those Did you hear what we've been discussing? I was telling Pat already by Hey, what do you think? I agree. I think those conditions sound appropriate and I think he's answered most of the questions that I had. Didn't stop. Oh, we have to reiterate. Oh, okay. Yeah. So, we have to re Okay. So, you want me to make a motion? Yes. Can I make a motion?

Okay. So, a motion to approve on the conditions of the applicant will be limited to eight full-time employees, 100 by 100 foot fenced with mesh area on the north side of his maintenance building with all weather surface. um landscaping trees on the south side with the site plan approved by our zoning official by the zoning official. That's that one. That's that one.

Building permit will secure building permits for improvements. All subject are given. Yeah. Will applicant will secure a necessary septic and well permits to support the site and the employees. No sewage can be brought back. No. No. Yeah. No sewage can be brought back. Can we add there and stored in any time there? Like brought back is kind of vague. No sewage can be brought back or stored or stored at any time. I didn't say that too. All units stored on site will be cleaned and emptied prior to being brought back to the property.

Oh yeah, I think I'm looking at older one. You get that? Okay. Look at older one.

Yeah. Yeah. Are you getting that? I think she's got it.

You might want to read it back. You might want to do something. have her. Uh, eight full-time employees. Outdoor storage will be screened from roadway by sight obscuring fence or landscaping barrier mesh fence um specifically on the south side and uh you put in all weather surface inspections every six months landscape landscaping uh yearly review by board of the building permits and secure any necessary septic and well permits to support the site and of the employees. And no sewage will be brought back or stored on the property.

I have in my Can the site plan be approved by the department? Yes. Last part of number five too. All units stored on site will be cleaned and emptied prior to being brought back to the property as per your recommendations. You made the motion to approve. Yes. So, we have a motion by Heather to approve with several conditions as recorded by our zoning officials. I'll second. I guess we need a roll call. Gentlemen, yes.

Yes. Collins. Yes. M. Yes. Motion B. Uh can you can come back now. Thanks for throwing this on us.

Okay. Well, at this time, is there any additional new business?

Yes. in regards to our legal counsel and decision. Uh spoke with Lee Greenwald earlier this week and he has asked that as a board you decide on either one to two members who he can work with and of course you be a part of that Jack. So Jack plus one or other two members that he can communicate directly with based on the litigation pieces of it. Um, so that way he can communicate with U3 and then U3 would then be able to report it back to the rest of the board.

Um, about we have to decide that right now. Well, if I could give some ideas of who would like to be on that subcommittee would like to do it. I'll do it. Ted would like Jay, are you okay have any interest in that or no? Or thank you. So we have Pat and Ted. So Pat, perfect. Is there any other new business? Any other new business? Okay. Do you have anything for me to sign from last week? No, because that was just the discussion meeting.

All right. Do we have a motion to be adjourned? Motion to adjourn. We have a motion by We have a second to do a full surgery and a second by Heather. All right. Thank you. Thank you. Sorry we didn't get to meet you. Meet you next time, Kaitlyn. Thank you guys. Have a good night. Do we got something next month?