Zoning Commission Minutes

March 27th, 2006

Minutes – Special Meeting of Woodbury County Zoning Commission
March 27, 2006

The meeting convened at 6:00 PM in the Board of Supervisor’s meeting room in the court house, Sioux City, Iowa. Present were the following Commission members: Don Groves, Dwight Rorholm, Christine Zellmer Zant, and Grady Marx; Arvin Nelson was absent. Zoning Staff Present: Mr. Pylelo; Peggy Napier was absent. From the public Riley Simpson, consultant for Flat Earth Planning, Don Klingensmith and Jack Burright were present.

The first agenda item was approval of the minutes from January 10, 2006.

Mr. Dwight Rorholm made a motion the minutes be approved as read; Ms. Christine Zellmer Zant seconded the motion; motion carried.

The second agenda item was the work session and discussions of the Woodbury County zoning ordinances.

Mr. Groves called everyone’s attention to where the commission left off at the last meeting. He turned it over the Mr. Simpson. His goal was to finish the land use table.

Bed & Breakfast Lodging = okay AP through HC

Campgrounds = conditional use AP and then GC & HC – people allowed to pitch a tent, pop-up trailer, RV for a limited (to be determined) amount of time.

Discussion ensued regarding what is/is not a campground. Mr. Pylelo talked about the present FPC (Floodplain and Conservation Zoning District) that allows camping. They discussed how to change the FPC zoning. No particular conclusions.

Mr. Rorholm asked if a campground could be an RV park. Mr. Simpson said that wasn’t true, but an RV park could be a campground. Rorholm asked if that wouldn’t be okay in AP. Simpson said if it was like a KOA that would work in a commercial area, too. Mr. Pylelo suggested they make it conditional use and then they don’t have to worry about another separate zoning designation for those types of things. Mr. Simpson suggested adding another line for RV Park. More discussion ensued regarding changes in area south of airport and along river and what should/could be available for campgrounds and/or RV parks, before it ended up with placement above.

RV Park = conditional use AP and then GC & HC (from discussion above) – people allowed to live in their RV’s for longer (to be determined) periods of time.

Mr. Groves noticed there were some campgrounds between Sloan and Interstate 29 by the tower. Mr. Pylelo mentioned Mike Patterson Sr. wanted to do the same thing on the other side of the interstate. He had an idea to put something there for transient workers where they come in for 30 days and then are gone; a night-by-night deal. Pylelo said in that general highway service area, if you look at the language, it’s hard to say no. Mr. Rorholm agreed maybe that was where it belonged. Mr. Groves didn’t mind putting it there, but he was concerned about moving away from what Highway Commercial was designed for; and that was for highway services. Mr. Marx mentioned people parking horse trailers when the equestrian center is finished. Mr. Rorholm said if they did, there would be people who brought horses to the county fair who would utilize the facilities as well.

Hotels, Motels = okay GC & HC

Resorts, Conference Centers = (struck for following reasons)
Discussion ensued concerning the need for resorts and conference centers considering they are usually attached to hotels and motels anyway. The commission decided to add them as conditional uses to hotels and motels.

Mr. Marx made comment to commission nursing homes/assisted living centers he saw along east on Highway 20 across the state. He noted the commission had discussed whether such structures would ever be appropriate in rural Woodbury County.

Mr. Pylelo said they must have rural water.

Mr. Groves said there were one outside of Lawton and one also outside of Holstein.

Mr. Marx said before the commission got into the Retail section, he had something on his mind he wanted to bring up to give everyone something to think about. He didn’t think it was necessary to discuss it right away.

Marx said it went back to the subdivisions where the commission wanted to have everyone sign away their AG exemptions. He said he thought the commission should check the law. He didn’t think they could make them sign off anything because the zoning commission didn’t grant that AG exemption to them in the first place. It didn’t grant it to them so they couldn’t take it away from them.

Mr. Pylelo suggested they send it to the District Attorney’s Office and let them research it and get back to them with the answer.

Mr. Marx said that exemption has monetary value. If they make them sign a waiver for it, is the commission willing to pay them for what they’ve taken away.

Mr. Rorholm said he didn’t think they had to because they weren’t taking it away from them. The landowners were voluntarily sign off on it.

Mr. Simpson said they were trading them that value for the value of the platted lots.

Mr. Marx insisted they were forcing them. They were not trading them. They were making them sign off.

Mr. Simpson repeated, “You’re trading them that value for the value of the platted lot.”

Mr. Marx said he disagreed. He did not want to do anything that might be illegal.

Mr. Simpson said they don’t have the “right” to plat the lots. That’s a “privilege” to plat the lots.

Mr. Groves said they would get a legal opinion and go from there.

Mr. Simpson suggested they suppose everything on the list was “okay” in the GC and discuss which ones they should also allow in the HC.

Antiques = okay in GC & HC

Appliances and Home Entertainment = okay in GC

Art, Crafts, and Art & Craft Supplies = okay in GC

Automotive Parts & Supplies = okay in GC
Some discussion on whether a NAPA Store should be considered in HC zoning. Consensus was it isn’t usually there as much for highway service as for general commercial service to anyone in the town or area. Left out of HC zoning.

Baked Goods, etc. (made on premises) = okay in GC
Some discussion regarding what constitutes commercial baking and what is a home occupation. Comparison to Amish.

Bicycles = (struck – bicycle sales usually found in town)

Books, Periodicals (not incl. adult books) = okay in GC

Building Materials = okay in GC

Carpet & Floor Coverings = okay in GC

Clothing & Accessories = okay in GC

Computer Hardware & Software = okay in GC

Convenience Stores = okay in GC & HC
Mr. Pylelo said he was concerned about was type of off street parking, size of lot, adequate lighting, the whole topography thing.

Mr. Groves asked if he thought it should be more “conditional” than “okay.”

Mr. Pylelo said he just wished to raise the issue. He suggested putting “okay” for now.

Mr. Simpson said all of these businesses would have these kinds of issues. He suggested having development standards that spell out access and parking requirements and so forth.

Drug Stores & Pharmacies = okay in GC

Dry Goods, Fabrics = okay in GC

Feed & Seed Sales = conditional use in AP & AR and okay in GC
Mr. Simpson asked if the farmer who sells seed corn on the side, will that be a conditional use or after some level will that be considered an occupation.

Mr. Rorholm answered it was a business and there will be traffic there.

Mr. Groves asked if the farmers who do that conduct most of their business from their site or do they deliver the orders themselves to the customers.

Mr. Simpson said the seed sales, as far as it appeared to him, was more or less a home occupation, at least up to the level he was thinking of it. He thought the commission needed to at least make sure they allowed at least the signage that typically goes with that.

A discussion ensued regarding what was advertising and what was not, and what is exempt and what is not. Mr. Groves and Mr. Simpson claimed the test plots of different varieties were exempt because they were growing the seed, whereas according to Simpson, the guy who has the sign at the end of his driveway where he is telling his neighbor they can buy their Pioneer Seed Corn from him, that is an on-premise sign for a home occupation.

Ms. Zellmer Zant added 99% of the time the person doing this was a farmer.

Mr. Simpson agreed, but said the operation was not exempt.

Ms. Zellmer Zant said the fact that he is a farmer should precede that is a secondary business to him.

Mr. Simpson said that secondary business is not exempt from zoning. His farming is exempt.

Ms. Zellmer Zant said they were splitting hairs now.

Mr. Rorholm said he thought only a farm operation was exempt.

Mr. Pylelo used the example; if you were on a 500 acres and your seed corn took off and you need to build a shed now and you want to stick that right up to the right-of-way. Are you AG exempt for that?

Mr. Marx said, “You bet you are. I’m going to store my seed that I plant myself there”

Mr. Pylelo said, “I don’t think so.”

Ms. Zellmer Zant said if you fill out a tax form that is a farm form which is how you delineate for agricultural exemption in the first place, so beating something that you don’t need to beat here.

Mr. Simpson used a different example. He said let’s say your second business is an earth moving business. Maybe he wants to do a little rock and concrete crushing on the side. Now, is he exempt because he’s farming 50 acres?

Ms. Zellmer Zant said it depends on how much income he derives from it.

Mr. Rorholm said he did not think he would be exempt for that. He said she was not being realistic. But he said he looked at seed corn as a home business. It’s an AG related business, but it’s a different business than farming.

Ms. Zellmer Zant said he may be doing welding primarily for himself, but he may take in other things to weld as well and that’s part of his exemption.

Mr. Simpson said once he starts welding things for other people, that’s a home business. We may not allow that; unless we get someone who is basically wholesaling it.

Mr. Marx said that’s what they were doing.

Mr. Simpson said actually they were selling to the end user. That’s a retail sale.

Florists (incl. retail greenhouses) = okay in GC
Discussion ensued regarding difference between “greenhouse” in this category and “greenhouse” on first page which was “okay” in AP & AR. Under RETAIL it was decided if it was grown onsite, it can be sold onsite. This is strictly a retail site like Mosher’s by Riverside. This is for someone who is strictly selling it. They aren’t growing it.

It was 7 pm and Mr. Groves suggested the commission move on to the regular agenda.

The third agenda item was consideration of the Final Plats for Ellis First Addition Sub division – GIS 894627100012; Parcel #878941

The Woodbury County Office of Planning and Zoning received a Subdivision application from Phillip M. Ellis as Trustee of the Phillip and Nadine Ellis Revocable Trust. The Trust intends to subdivide two (2) lots totaling 4.08 gross/3.72 net acres. The parcel is located in the NW ¼, Section 27, Concord Township abutting the south side of 140th St. at or near 140th St. and Carroll Avenue.

Proposed Lot 2 has an existing single family dwelling which is addressed as 1706 140th St. and is the personal residence of Phillip and Nadine Ellis. Proposed Lot 1 consisting of 2.0 net acres is intended for residential development. The Trust’s intent is to allow Phil Ellis Jr., a son of Phillip and Nadine Ellis, to construct a single family dwelling upon Lot 1. No additional construction is anticipated upon Lot 2.

The property is zoned AG (Agricultural) and not within any floodplain. The intended use is permitted within this Zoning District. The average crop suitability rating for the property is 34.0.

At your meeting of February 27, 2006 you recommended the approval of the preliminary plats subject to recording of a paving agreement meeting the terms of the County’s paving policies. A copy of the proposed agreement has been received from the developer meeting the policy’s conditions.

No additional agency responses have been received since you recommendation of approval of the preliminary plats on February 27th. Of note are Commissioner Marx’s comments of concern regarding the Iowa Department of Natural Resources (IDNR) standard NPDES Permit #2 correspondence. That correspondence is provided developers of subdivisions as it is received. Attached is a sample of that correspondence. I contacted the IDNR regarding the issue and attach an email response from Mr. Tom Roos, Environmental Specialist in the Field Services and Compliance Bureau. Although the Ellis’ complaint is the initial negative comment received on this issue it is the intent to add some of the emails’ language in correspondence to developers. If used such language might have alleviated the Ellis’ concerns.

At their meeting of March 7, 2006 the Board of Supervisors considered your Commission’s Prelimary Plat recommendations approving the same, considered the final plats and now refers the final plats for review and recommendation.

Mr. Groves asked for any comments.

Mr. Pylelo said the only changes to the plats from review of the Planning and Zoning Office was the renaming of the plats from Preliminary to Final and the removal of the topography information on the plans.

Ms. Zellmer Zant asked if there had been any responses from the public mailing. Mr. Pylelo said none had been received.

Mr. Marx made a motion to accept with no changes or conditions; Mr. Rorholm seconded the motion; motion carried.

Mr. Groves asked Mr. Pylelo if he knew when the 2005 Development Plan might come to the Supervisor’s agenda.

Mr. Pylelo said he would get it on the April 4th agenda.

The Fourth Agenda Item was a continuation of the discussion of the Table items.

Furniture & Home Furnishings = okay in GC

Garden Supplies (incl. nursery stock) = okay in GC
Mr. Marx said he had a problem with this for the same reason as the earlier discussion.

Mr. Rorholm said the approval in AP and AR was under the nurseries and horticultural production on the first page.

Mr. Simpson said only what you sell from your own site is allowed in AG, but to just have a store to sell product is not the same.

Ms. Zellmer Zant said for clarification it was production of material to resell to the end user.

Mr. Marx asked about selling pumpkins on the side of the road.

Mr. Simpson said that was fine because it was AG. Mr. Groves added he grew them there.

Mr. Pylelo said typically side of the road stuff is within County right-of-way. He said it was illegal but it isn’t enforced. It is not within the jurisdiction of Planning & Zoning, it is within the jurisdiction of Secondary Roads and the County Engineer. They have a policy that if the right-of-way is adjacent to the property on which the product is grown, they’ll let them do it. It’s the guy who comes in from out of town and tries to sell pictures of Elvis that they try to crack down on.

Gifts & Cards = okay in GC

Groceries = okay in GC

Guns, Ammunition = okay in GC

Hardware = okay in GC

Hobby & Craft Shops = okay in GC

Jewelry = okay in GC

Meats (no slaughter or butchering) = okay in GC
Mr. Marx asked about the organic growers who are selling meat from their houses.
Some of them rent a meat locker for hunters. There are a few of them out there that Mr. Marx knew of who had nice little businesses and they’re selling their home-grown organic beef.

Mr. Simpson’s response was anything you can grow on premises and offer for resale directly to the consumer legally probably ought to be considered a home occupation or accessory to the AG. Simpson said he was going to put something in about allowed uses in the AP zone to make it clear that sales of products on premises are allowed.

Mr. Marx said maybe this guy (the meat producer) doesn’t process all his meat but he has a little club for all the neighbor farmers who do grow it.

Ms. Zellmer Zant said it ends up being a farmer’s market, basically.

Mr. Pylelo said they were moving from “stage A” to “stage B” now. How big do you let that get before he has six guys coming to work there to help him slaughter the cattle? That’s where if it isn’t permitted and you start getting complaints for that, we have a way of enforcing something…if we get this right for one person, how do we enforce the guy who seriously abuses it?

Mr. Marx asked if, in the process, they couldn’t make some guidelines on what is conditional.

Mr. Simpson proposed they put limits and standards on home occupations that are reasonable and anything that is similar in type, but exceeds those limits would be a conditional use. That would handle your pork sales out at the confinement-feeding operation. That way you have a way to look at the traffic impacts and what the impact on the area is going to be if you have a fairly large scale operation coming in there. It will say “Home Occupations.” Anything that exceeds these standards may be approved as conditional use.

Monument Sales = okay in GC

Motor Vehicle Fuels = okay in GC, HC, LI, & GI
Discussion ensued whether to make it “okay” in GI as well. Approved.

Music (tapes & CDs) = okay in GC

Musical Instruments & Supplies = okay in GC

Office Machines, Furniture & Supplies = okay in GC

Package Liquor = okay in GC

Paint & Wallcoverings = okay in GC

Pets, Pet Food & Supplies = okay in GC

Photographic Equipment & Supplies = okay in GC

Shoes = okay in GC

Sporting Goods = okay in GC

Tobacco Products = okay in GC

Toys = okay in GC

Used Goods Sales = okay in GC
Discussion ensued about what constituted a “Used Goods Sales.”

Videos (not incl. & adult videos) = okay in GC

Boat & Recreational Vehicles = okay in GC
Discussion ensued about whether it should also be on HC. Mr. Simpson said Highway Commercial are just for the people who are traveling through once and they just need services while they’re going. They aren’t shopping for boats.

Mr. Marx said he really thought there were other places for it.

Mr. Simpson said you can zone it for those locations in GC. It’s not a matter of saying “Well, here’s our map and we’re never going to change the map so we want to make sure we allow everything that might possibly happen there. That defeats the whole purpose. The idea is you decide where the zone should be to allow the uses to go with the zones.”

Mr. Marx said that we were spot zoning, then.

The rest of the commission acknowledged that’s what they were doing. Mr. Pylelo said the county used to do a lot of that. Then we got away from it.

Mr. Simpson said the idea is that when you zone that parcel GC to allow a boat dealer, it’s because you looked at your general plan map and found that it was along a paved road in an area that was predetermined that some commercial activity here is going to happen.

Mr. Groves and Ms. Zellmer Zant both said it was something that just fit.

Construction Equipment = okay in GC

Farm Equipment = conditional use under AP and okay in GC
Mr. Simpson questioned having Farm Equipment under AR because it isn’t agricultural. It’s for people living on acreages who want to have a horse. AR was struck .

Automobiles & Light Duty Trucks = okay in GC

Trucks = okay in GC
Mr. Simpson and Mr. Pylelo agreed truck sales will be grandfathered in in HC zoned areas, and where it is not, they will be pressured into rezoning areas that need it to be HC.

Vehicles Repair = (scratched “major” and “minor”) conditional use under AP and okay in GC, HC, and LI
Mr. Pylelo commented to something Mr. Marx said about being able to do vehicle repair in AR Zoning. Pylelo said when the land has been split up and rezoned AR, chances are the developer or homeowner’s association will be making covenants for those lots that will state vehicle repair will not be allowed, so that would exclude AR from the beginning.

Mail Order Houses = okay in LI

Discussion ensued about whether post offices belonged in LI or not. Mr. Simpson said it’s mostly truck traffic going in and out moving mail that has been warehoused.

Wholesale Businesses = okay in LI

Automotive Salvage & Wrecking = conditional use in GI

Automotive Parts Remanufacturing = okay in LI & GI

Construction Contractor Yards = okay in LI & GI

Fertilizer & Pesticide Application = conditional use in AP and okay in LI & GI
Discussion ensued regarding which agricultural areas should allow Fertilizer & Pesticide Application and whether it should be “okay” or “conditional use.”

Furniture Stripping & Refinishing = okay in GC & LI

Janitorial & Building Maintenance = okay in GC & LI

Laundry & Dry Cleaning Facilities = okay in LI
The kind of laundry facilities like Aramark-rags, towels, uniforms, etc.

Machine & Welding Shops = conditional use in AP and okay in GC & LI

Printing & Publishing = okay in GC, LI & GI

Research & Development Laboratories = conditional use in AP and okay in LI & GI
Mr. Simpson described it as, “Some nice business that we’d like to have come here.”

Mr. Pylelo said if a AG biotech company came here, would you make it AG exempt?

Mr. Simpson said the development of genetics is not exempt.

Saw Mills = conditional use in AP and okay in LI
There are saw mills around in spite of lack of forests.

Tree Services (incl. fire wood storage) = conditional use in AP and okay in LI
Discussion ensued – what should go in light industrial or in general industrial.

Truck Stops = okay in HC & conditional use in GI

Vehicle Towing Services = conditional use in GI

Welding Services = (Originally standing along. After much discussion the commission made a decision to include welding with machine shops with the allowed zones noted above.)

Animal Food Processing (livestock feeds) = conditional use in AP and GI

Animal Food Processing (pet foods) = conditional use in GI

Apparel & Textile Manufacturing = conditional use in GI

Art, Jewelry & Toy Production = conditional use in GI

Chemical Manufacturing = conditional use in GI

Ethanol Fuel Distilling = conditional use in AP and GI

Food Processing

Bakery, Commercial = conditional use in LI and GI

Dairy Processing = conditional use in LI and GI

Grain Processing = conditional use in LI and GI

Meat Processing - conditional use in LI and GI

Other Food Processing = conditional use in LI and GI

Mr. Marx asked what the commission was doing for where the zones overlap from Light Industrial and General Industrial.

Mr. Rorholm said he thought Mr. Marx meant a transition zone, or where your go from one zone to the other.

Mr. Marx said with our running theme of promoting Siouxland, all of the above things are AG related, what can we do in zoning do to help bring new business into town?

Mr. Simpson said you zone the sites that they want that are appropriate to light industrial.

Mr. Pylelo said you then provide the infrastructure which is something we can’t do.

Mr. Rorholm said Pylelo’s point is that doesn’t exist in the county.

Heavy Construction Services

Aggregate Crushing & Screening = conditional use in AP and GI

Asphalt Mixing = conditional use in GI

Concrete Mixing = conditional use in GI

Temporary Heavy Construction Services

Aggregate Crushing & Screening (temporary) = conditional use in AP, LI and GI

Asphalt Mixing (temporary) = conditional use in AP, LI and GI

Concrete Mixing (temporary) = conditional use in AP, LI and GI

Lumber & Wood Products Manufacturing = conditional use in GI
Some discussion.

Metal Products Manuf. (incl. plating & enameling) = conditional use in GI

Machinery Manufacturing = conditional use in GI

Prefabricated Structure Manufacturing = conditional use in GI

Tire Retreading = conditional use in GI

Wood Working & Cabinetry = conditional use in LI and GI

Borrow Pits For Earth Materials = conditional use in AP and GI
Discussion ensued regarding whether it should be included in AR or not

Gravel & Stone Quarries = conditional use in AP and GI

Mr. Rorholm made a motion to adjourn; seconded by Ms. Zellmer Zant; motion carried.

Meeting adjourned 9:10 PM