Motion by Laura. >> Second discussion. All in favor say I. I >> approve. >> So moved. >> Second. I
>> is there anyone in the audience? Anyone in the audience? number one. So move second. I >> All right. Thank you, Mr. Chair. And just a reminder to everyone, uh, make sure your mics are on, um, for the
recording and and YouTube. Thank you. Um, so the applicant is seeking an interim use permit to continue operation of a gravel mine on parcel ID 1.018.0260 0260 and part of the fractional west half of fresh of the west half section
18 township 141 range 44 Goose Prairie Township. So this is located uh about 4 miles north of CASA 26. It's on the east side of of CASA 33 just before Felton Creek.
Uh current uses on the property are crop land and gravel mining. They uh were granted a conditional use permit for a 30 acre mine in 2010. And so they're seeking a 39 acre intermuse permit um essentially to
expand that existing mine from 30 acres to 39 acres. uh they have been granted a variance um to mine into the north property line setback at the board of adjustment meeting prior to this this meeting. They also have variances to
mine the east property line setback and then the CASA 33 road right ofway setback. So on this parcel um pretty low topographic relief uh depth to water table is about 42 feet. So I think
there's any mining that's going to be happening into the water table property is prime farmland but would be turned to an agricultural use uh post mining. Gravel potential uh ranges from high to li limited and there aren't any wetlands
uh according to the national wetland inventory in the the mining area. So the plan is to essentially square up the existing footprint um only opening up about new nine acres stripping and stockpiling top soil and
then processing the material and then hauling out south on south 33 to 26. That'd be the primary hall route. Uh, and then for reclamation, they'd be looking to slope into the interior to pre prevent runoff um from exiting the
property and also looking to kind of match the grades up on this east side with the the mine here. And then on the north side with the mine just to the north here would be turn to return to egg use. Uh the estimated cost of
reclamation be $2,500 an an acre an acre. Uh just some considerations for this request. Because um the 30 acre portion of the mine has a conditional use permit, it's my recommendation that the interim use permit conditions match the
conditional use permit to the extent practical. Um just because the granting of an interim use permit does not revoke a conditional use permit. A conditional use permit is a r land right. So it runs with the land. Um, we do not no longer
grant conditional use permits for gravel mining operations, which is hence the need to come for an interim use permit for this request. And then the operator would need to adhere to any of the Goose Prairie Township permit conditions as well.
And we did receive comments from Goose Prairie Township. Don't have an issue with the request that other than that they'll work with the operator um regarding Saturday hauling. and no other public comment was received. So for these conditions, I'll start with the first eight. Um the big difference
being that this would have an expiration date uh 10 years. Um CUP's conditional use permits don't have expiration dates. Uh the other change would be to um
propose 39 acres as opposed to to the 30. Uh, and then also a reclamation bond for those 39 acres. And I'm we should probably or us should consider adding that at $2,500 per acre to that.
Uh, the only other change from the conditional use permit um would be just clarifying what a noise produc producing operation is. um crushing, screening, and washing essentially would be a noise producing operation. And so these are
essentially the same um uh conditions as what's on their current conditional use permit. I know there's been uh a um we put more consistency on hours of operation um with interim use permits
and typically that being 7 to 7. In this case, that would be probably pretty tricky to enforce because they already have a permit that allows them to go from 6:00 a.m. to 7:00 p.m. So, be hard to deviate from that. Um be tricky to enforce those hours.
Any questions for me at all? just say we haven't had any complaints at all since I've been here out of this pit. >> Thank you, Matt. Would the applicant care to come up and introduce yourself
and speak to the project, please? >> Hi, my name is Sheree Eertton. and I'm the environment and land manager out of the Morehead office here for wholesome. I have here with me tonight Chris Forest, our operations manager for the aggregate division and also Nicole Ramich in the environmental department.
So, just want to thank you all for your time tonight listening and um for your explanation, Matt. So, we're welcome to answer any questions anyone has. Hearing none. Thank you. >> Is there anyone in the audience that wishes to speak
for or against? >> I'm Shelley Stagen. I am uh supervisor for Gooseberry Township. We've met with the company. Um they met with us as a board on Tuesday. We went over our ordinance. We've never had a problem with aggregate.
So we are expecting zero problems. And basically we see it as just a cleanup to finish off that chunk of ground. So we are we have no problems with it. >> Thank you. Anybody have any questions for her regarding township?
Thank you. Anyone else in the audience wish to speak for or against this project? Anyone in the else in the audience wish to speak for or against? One last time, anyone in the audience
wish to speak for or against this permit? Hearing none, look for a motion to close the public hearing. >> Motion second. >> Motion by Josh, second by Kurt Shervin. Any discussion hearing? None. All those
in favor say I. >> I. >> Post. Motion is carried. Public hearing is closed. Everyone, it's time for the findings of fact. Effective use in granting an interimm use permit. The planning commission
shall consider the effect of the proposed use upon the health, safety, morals, and general welfare of occupants of surrounding lands, existing and anticipated land uses. Traffic conditions, including parking
facilities on adjacent streets and land, and the effect on agricultural usage and values of property and scenic views in the surrounding areas, and the effect of proposed use on existing comprehensive plans.
Use and enjoyment of other property. The use the interimm use will not be injurous to the use and enjoyment of other property in immediate vicinity for the purpose already permitted and not substantially diminish or impair property values within the immediate
vicinity. Development of surrounding property. The establishment of the interimm use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.
Utilities, access roads, drainage, off- streetet parking and loading spaces. Adequate measures have been or will be taken to provide utilities, access roads, drainage, off- streetet parking and loading spaces.
nuisance nuisance conditions. Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, vibration, water pollution, and soil erosion erosion. so that none of these will constitute a
nuisance and to control lighted signs or other lights in such a manner that no disturbance to neighboring properties will result. Burden on public services. The use will not create an excessive burden on parks,
schools, streets, water supply, sanitary sewers, and storm sewers and other public facilities or utilities which serve or are proposed to serve the area. Compatibility. The use will be
sufficiently compatible or separated by distance or screening from adjacent agriculturally zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to agricultural use of said land.
Appearance of structure and sight. The structure and sight shall have an appearance that will not have an adverse effect upon adjacent residential properties. relationship to overall needs. The use is in the opinion of the planning commission reasonably related to the
overall needs of the district and to the existing land use. In the case of flood plane areas, the proof that the location is necessary for facility operation and that alternative sites not susceptible to flooding are not available.
Consistency with ordinance. The use is consistent with the purposes of this ordinance and the purposes of the zoning district in which the applicant intends to locate the proposed use. Conflict with comprehensive plans. The
use is not in conflict with the comprehensive plan if any of the township, city or county. Traffic hazards, congestion in the flood plane areas. The use will not cause traffic hazard congestion or congestion
in flood plane areas as access during flooding for ordinary and emergency vehicles. Existing businesses existing businesses nearby will not be adversely affected because of curtailment of customer trade but
brought about by the intrusion of noise, glare or general unsightliness. Um, anybody have any comments or corrections to the conditions that staff has provided for us. Um, I do recommend that
we do do to 10 what you just did to match the cup. >> So, >> and um Mr. Chair, just thoughts about the reclamation bond specifying the amount or
>> $2,500 an acre. >> Is that a typical amount for other operations? >> Yeah, I would say it's typical. Ranges from,000 to 4,000 typically. I don't say so
hearing no other comments or questions. Look for a motion to approve or deny. >> I'll make that motion to approve with the conditions 1 through 13. >> I'll second. Motion been made by Curtis Stubs and seconded by Ashley. Any further discussion
>> hearing? >> Yes. >> Don't we typically ask the applicants if they're fine with >> Yeah. Yeah. Yes, Mr. Chair. I would ask if the applicants are because this is an interim use permit if they're agreeable to the conditions one through 13. Yep.
>> Thanks. >> Yes. And they are uh all those in favor say I. >> I opposed. Motion is carried. Interm use is granted.
Okay. Next. Thank you. Next order of business is a request for an after the-act conditional use permit for Sarah and Robert Edwards. Look for a motion
open the public hearing. >> Motion to open. >> Second. >> Motion made by Laura, seconded by Sebastian to open the meeting. All those in favor say I. >> I. >> Opposed. >> Public hearing is now open.
Thank you, Matt. Thank you, Mr. Chair. Yep. This is a request for an after the-act conditional use permit for agricultural service establishment uh an equestrian center. And so they're seeking a cup to continue
the operation of the the Red River Equestrian Center. It's been in operation since 2017. They provide individual group riding lessons, camps, birthday parties, and equin assisted psychotherapy to riders of all ages. Um they also provide indoor and outdoor
boarding service services. Uh not sure how many are boarded at any given time um at the property. Uh one thing too I should note is before this I believe this was a nonprofit uh equestrian center.
Um, so they're located the southwest 10 acres of the southwest corridor. They're right on the on the corner of um 50th Street North and 128th Avenue um north. It appears that uses on the property are located outside the extents of the
property lines. Uh I don't believe that this is just looking at historic records and historic imagery. It seems like that's been the case on this property for at least 30 years. Um, and so the applicant purchased this property in
2017. Um, but it looks like this has been an ongoing thing for for several several years. And so, um, not going to run through all the standards for an egg service establishment. Uh, this one does meet
all of the, um, the standards. Um, we haven't received any comment from Morgan Township or the public on this. Um, but because there is an established history of the use of the property outside that legally described boundaries, uh, the applicant land owner
should probably work with the adjacent land owner if they haven't already to rectify any and all property line discrepancies. We're Klay County. We don't get into um, we're not responsible for any property line ambiguities or anything like that. Um but if this is granted, the use permit would apply to
only that property that's legally described and identified by that parcel. Uh in our comprehensive and transportation plan, the goals and objectives that relate to this request is we have a goal category of community and resilience. Uh to promote personal
community health for all residents. Um thinking here is that Red River Equestrian Center provides horse boarding and offers individual lessons, birthday parties and camps and the horses are also used for mental well-being and therapeutic purposes. Uh we have a goal to encourage commercial
industrial development that is in harmony with the egg and rural character of Klay County and to avoid or mitigate against commercial or industrial development that increases the potential for land use conflicts with rural residential or egg uses. Uh they've been in operation since 2017 and prior to its
establishment um the property was used by a nonprofit uh for equestrian activities. We have not received any complaints about the operation of this center. Any questions for me at all? >> Um so it is not currently a nonprofit
>> and you said that >> it was a different nonprof prior it was a nonprofit that operated. It >> is a nonprofit. >> Is it okay? I mean, that's what I'm asking is >> I I do not. I'll let the applicant answer that. >> Yep. >> Chair and Matt, I'm a little confused on
the uh legal property lines and what they've been using. We don't get involved with legal amount, but are what we're going to approve is only allowed on the legal description, right? >> Yes. So what happens when they're using
does it matter that you're using unless they if they get it all figured out I guess it's fine but uh what happens if if they just continue as it has been. >> Yeah I think that that that would be a um essentially a
what's the word I'm looking for? Um civil it would have to play out civily. There would have to be a civil process to to that. And if the property lines were to change and encompass the entire
um area that's being used, then this permit would still stand with that. But it's kind of one of those it's an interesting thing where just if you look back at all the historic aerial imagery, it's been like this since at least the 80s.
>> Okay. And I mean, some of the trees on there, you can see they're they're old. So, >> okay. Anyone else have any questions for Matt? Hearing none, would the applicant care to come up and speak? Introduce
yourself, please. >> Hello, I'm Robert Edwards here. I'm me and my wife live at the property and run the horse facility at the site and I'm here to answer questions if they come up. >> Are you a forprofit or nonprofit
currently? >> Uh any extra dollars that do come into the property basically just go into maintenance and repairs of the property. So it's not actually paying bills, but it is doing repairs and maintenance. >> Okay. So, are you a legal Minnesota
nonprofit, a 401c3 or 3C or whatever it is? >> The accountant takes the I don't think it's registered as a nonforprofit, but the accountant has to put in profit and losses.
>> Okay. I don't know that it makes any difference. >> I And special rules for a nonprofit as far as we're concerned anyway. With >> No, Mr. Chair, that's correct. There aren't any. Yep. >> Okay. >> Okay. Uh, how many horses do you
normally run? Average? >> Uh, average is probably around 26 on the property at a time. So, it's gone as high as 31 and as low as 20. >> So, 12 I think you're It said you have
12. So, you have half in and half out. >> Uh, indoor, outdoor. >> Yes. Uh most of them are outdoor. >> We do have indoor corrals or stalls.
They're not used very often other than for feeding and then the horses typically go back outside. >> Okay. Um what do you do? What's your manure management? Uh in the spring it's piled up in the
individual corrals and then throughout the summer it is moved to a composting area which is behind the silver quan set. It's on a concrete pad and it composts there for summer and usually I create two
separate piles and then the following year it is spread either by uh individuals who choose to come get it on their own will or we spread some on the property or it goes to a farmer's
field if they will allow it. Okay, that was all I had for Mr. Edwards. Anybody else? >> I just have a another qu. Is there a limit with 10 acres? Is are they okay
with the animal units on 10 acres? >> Um, for a egg service establishment, yeah, they would meet they would meet our requirements for that. Thank you. Anybody else in the audience wish to speak for or against
this permit? Anyone else in the audience or online wish to speak for or against? Anyone in the audience or online wish to speak for or against? Hearing none. I look for a motion to close the public hearing.
>> So moved. Second. >> Motion by Ashley, seconded by Laura to close the public hearing. All those in favor say I. >> I. >> I. >> Post. Public hearing is closed. Findings of fact. Effective use. In granting a conditional use permit, the
planning commission shall consider the effect of the proposed use upon the health, safety, morals, and general welfare of occupants of surrounding lands, existing and anticipated land uses, traffic conditions including parking
facilities on adjacent streets and land, and the effect on agricultural usage and values of property and scenic views in the surrounding areas. and the effect of the proposed use on existing comprehensive plans.
Use and enjoyment of other property. The use will not be injurous to the use and enjoyment of other property in the immediate vicinity for purpose purpose already permitted and not substantially diminish or impair property values within the immediate vicinity.
Development of surrounding property. Establishment of the use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. Utilities access roads, drainage, off-
streetet parking and loading spaces. Adequate measures have been or will be taken to provide utilities access roads, drainage and off- streetet parking and loading spaces. nuisance conditions. Adequate measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise, vibration, water pollution, and soil erosion erosion so that none of these will constitute a nuisance and a control lighted signs or other lights in such a manner that no disturbance to the
neighboring properties will result. The use will not create an excessive burden on parks, schools, streets, water supply, sanitary sewers, storm sewers, and other public facilities or utilities which serve or are proposed to serve the
area. Compatibility. The use will be sufficiently compatible or separated by distance or screening from adjacent agriculturally zoned or used land. so that existing homes will not be depreciated in value and there will be
no deterrence to agricultural use of said land. Appearance of structure and sight. The structure and sight shall have an appearance that will not have adverse effect upon adjacent residential properties.
The appearance of relationship to overall needs. The use is in the opinion of the planning commission reasonably related to the overall needs of the district and to the existing land use. In the case of floodplane areas,
the proof that the location is necessary for facility operation and that alternative sites not susceptible to flooding are not available. Consistency with ordinance. The use is consistent with the purposes of this
ordinance and the purposes of the zoning district in which the applicant intends to locate the proposed use. Conflict with comprehensive plans. The use is not in conflict with the comprehensive plan if any of the
township, city or county. Traffic hazards congestion in the flood plane area. The use will not cause traffic hazards, condition or congestion in flood plane areas as access during flooding for ordinary and emergency
vehicles. Existing businesses existing businesses nearby will not be adversely affected because of the curtailment of customer trade brought about by intrusion of noise, glare or
general unsightliness. Matt and staff have conditions one through four. What do you have any comments or changes or Dave? Chair and Matt um said there's no nuisance nuisance complaints since
it's been operating, but has there been any comment for this public hearing that you received? >> Uh Mr. Chair and Mr. Stiken, there's not been any comment. Yeah. >> And then the fourth uh condition of the signage, are they meeting the signage
uh standards as of now? >> That I would I am not sure of. I'd have to check on that. >> They'll they'll be aware of correct. That's it. Mr. Chair, just one thought to consider too since you mentioned u manure
management. If you want to address that as a condition at all >> or if anyone >> what he's doing is what they're currently doing is the right way to do it. They're taking away from the buildings and doing it on a slab and um
are places out there that just keep making the mountain bigger. >> Does that fall under number one at all or is that more related to underground water and sewer systems manure situation?
>> Um that would be Mr. Chair and Mr. I can um more related to it's typically addressed as like a separate condition um that the and the condition that we see in oversight on my part might be your condition might say to that the um
applicant uh must provide a manure management plan to the the planning office essentially. >> Okay. And I I think that I would like to have a condition five, something which states what they are currently are doing
and that they need to keep keep up with that >> a plan. Would that follow best practices sort of a situation? Yep. I think it'd be important to have >> Yeah, we would receive the plan and then confer with like our county feed lot officer um
and just to basically get his or her blessing on it. So, >> because there is a I believe there is a ordinance or something in the county code that
can't be piled for more than a year. We have for feed lots we have rules but this is a little different situation >> are small enough. >> Yep. >> Good. Hearing no other comments or questions,
look for a motion to approve or deny the conditional use permit with conditions 1 through five. >> Move to approve. >> Second. >> Motion by Sebastian, seconded by Brad to approve the conditional use permit. Mr.
>> Chair, yes. Is the applicant fine with the >> This is a conditional use permit, so a little different. Don't have to ask that for a conditional use permit. Yep. All those in favor say I. >> I. >> Opposed.
>> Permit is granted. Thank you everyone. Okay. Next item on the agenda is Mr. Severson is looking to reszone. Look for a motion to open the public hearing.
>> Motion to open the public hearing. >> Second. >> Motion by Josh, seconded by Laura to open the public hearing. All those in favor say I. >> I. >> Opposed. Motion is carried. >> Lead the way, Matt. >> All right. So, the applicant is petitioning to reszone a property at
14566 130 Street South, Barnesville, Minnesota 56514, parcel ID 02.017.03 01, part of the northwest quarter of the southwest corridor, section 17, township 137, range 46 West, Barnesville Township
from agricultural general to highway commercial. Might be best here. So, this is uh way in the southern part of the county, southeast of Baker. Um, and then south of uh Highway 52. It's on
the east side of County State Highway 21. Uh, the zoning district right now is just agricultural general. And the request is to reszone from Egg General to Highway Commercial. Some information about the property. The current land use is
industrial/residentidential. That's essentially its tax classification. Um residence right here. Uh industrial right here. Um there's about just under 20,000 square feet of industrial buildings and one um one residence. Uh no wetlands on the
property. And so the highway commercial standards um meeting the minimum lot size yard requirements uh front yard regulations rear yard depth would be able would meet all of those requirements.
Um so the the business has started as a well it started as a cabinet business then there was permitted as a home occupation uh hasly um they're up to about 31 employees. they have plans for future expansion. Uh
and then the owner also intends to move the residents from the property. So this is a case of a business that has gotten very very successful and experienced a lot of growth. Um business country classic cabinets. Uh they make they make
cabinets and um and other woodworking type things. So, um, it's basically outgrown the st the home occupation where it's almost like the residence is now the accessory use on
the property and the business is the principal use. And I think the uh, Mr. Severson recognizing that is looking to move his residence off the property uh, and just maintain that as the the site of of his business.
Um, we haven't received any comment from the township. Uh, we did receive a comment from the Barnesville Economic Development Authority Executive Director Karen Lowour and she was in support of this reszoning. Uh, how this relates to our
comprehensive plan. We do have a goal to encourage commercial industrial development that is in harmony with the egg and rural character of Klay County. Uh the business it did start as a home occupation and the buildings do resemble resemble other agricultural structures in the area. Uh we have an objective to
promote value added egg commercial industrial development and egg service center areas and along transportation corridors and hubs. This um is not a welltraveled highway compared to other state aid highways in the county. Um but
this is a business that would add value along a transportation corridor. Um and then we have a objective to avoid or excuse me mitigate against commercial and industrial development that increases potential for land use conflicts with rural residential and egg uses. And so there are two residential
properties within half mile even either direction um of this resoning and many of the adjacent nearby properties are agricultural. So and I can actually bring this up to So yeah, this is essentially the
property where we propose that resoning. Any questions for me at all? >> Mr. chair in that um part that you got boarded off there. That's the only parcel we're talking
about for industrial slash slash uh business. >> Yep. It would just be this. >> Now, refresh my memory on because spot zoning isn't allowed per se. Would this
be considered spot zoning? >> That's a good question. Um, in my opinion, >> whole like we did in north side of Dworth there that >> light and highway commercial, but that's just not just the two lots they were dealing with that particular day. Y
>> a big area. This is just dealing with one one location. Yeah, I would I would say that this would not be considered spot zoning because um it it would ma match with the goals and objectives of
our comprehensive plan. Now, if this was on like a minimum maintenance road somewhere or even a gravel road, would not recommend reszoning to highway commercial um if it doesn't have the infrastructure to support it. Um but
because we have a an objective in our comprehensive plan that says we want to promote um commercial and industrial development along transportation corridors and hubs in the county. I think this would this would meet that essentially. >> What would be the advantage
changing to this or getting a variance for what they want to accomplish? >> Because you would not be able to get a variance to a use essentially. So, the intention is to move the residence off of the property. Um, and
once the residence is off, you can't have a home occupation anymore because there's no there's no home. So, this is this would have to be basically for this business to continue, it would have to be reszoned to a uh to a commercial
zoning district. Obviously, you've thought about it, but so you're comfortable, I would say, spot zoning this piece of property. >> Yeah. And I Yeah. And again, with spot zoning, it's there's no it's it can be pretty fuzzy and very Now, if there was
like a residential subdivisions completely surrounding this property and you were looking to reszone it from like residential to commercial, that you might have a stronger case for for spot zoning.
But in this this instance, no. I don't I don't think that this would would fall under that category. Any other questions? >> Mr. Chair, >> thank you. Sorry I'm late, but um I had
another meeting, but in regards to I mean I know we don't talk about grandfathering in, but usually a spot zoning happens kind of on the the beginning end of something, not with an existing business that had been has been there for >> Yeah, that's correct.
>> That's correct. Yep. >> Thank you. Anyone have anything further for Matt? Hearing nothing. Would the applicant care to come up? Please state your name for the record and speak your piece.
>> Uh I'm Derek Severson. I own and operate Country Class of Cabinets. Um yeah, we're just looking to keep expanding. The the big reason that this came up is I'm unable to build any more buildings currently where I'm at and we are looking to keep expanding little by
little as we can. Um, and it's getting to be tough to live where 31 people come to your house every day. So, but >> Okay. So, you're in intending on literally moving the house then? >> Yes. Yep. So, I do work with a home
mover who would come and move the house. Yep. >> How many you looking at adding increasing from your current 31 employees to >> Yeah. So, I purchased this company in uh it's been at this location since 1990.
It's been a business in Klay County since ' 87. Um I bought it in 2014, and at that time we had two full-time employees and two part-time employees. So, we've steadily grown. I don't think it's going to slow down. So,
I mean, I don't have a dream of having 100 employees, but >> thank you for providing the jobs in a in a you know non non-metro area. Anybody else have questions for Derek?
>> Thank you. Anyone? Anyone in the audience or online wish to speak for or against? >> Good evening. I'm Karen Lowour. I'm the e executive director of the Barnesville Economic Development Authority. Um our
economic development authority um works to support business development in the Barnesville School District. So Mr. Severson's property is within that that district area. And as such, I'm here in
full support of what Mr. Severson is u asking of the commission. Uh I had the pleasure of working with the original owner of country classic cabinets uh who was also a hard worker. Um since we were
able to transition from that ownership to Mr. Severson's ownership uh there has been extensive growth. This is true economic development because what country classic cabinets is doing is
bringing revenue into the county from areas outside of Klay County and that is the definition of economic development. Our economic board of directors uh has a very robust business retention and
expansion project and as such we support businesses in the Barnesville school district helping them to to expand and retain uh their employees. We're very fortunate to have Country Classic
Cabinets as one of the largest employers in the Barnesville School District. Uh they bring not only employees to their place of business, but they bring with them children supporting our school district in keeping our community strong
and vibrant. The reinvestment of dollars in expanding the business, not only creates a revenue stream for Klay County, but supports other businesses within the county as as well. So, uh, on
behalf of the Barnesville Economic Development Board of Directors, we would respectfully ask that the planning commission consider Mr. Severson's uh, request for reszoning. Thank you.
Have any questions for Karen? Anybody else in the audience? Please come forward and state your name, please. >> Chuck Anderson, supervisor for Barnesel Township. We're just we're supporting
Derek on this issue. So, as far as the township's for it, so >> thank you. >> Yep. Anybody else in the audience or online wish to speak for or against? Anyone else in the audience or online
wish to speak for or against? Anyone else in the audience or online wish to speak for or against? Hearing none. Look for a motion to close the public hearing. >> So moved. >> Second >> by Ashley, seconded by Kurt Sherban.
>> All those in favor say I. >> I. Post. Public hearing is closed. Effective use in granting a zoning district amendment. The planning commission shall consider the effect of the proposed use upon the health, safety, morals, and
general welfare of occupants of surrounding lands, existing and anticipated land uses, traffic conditions, including parking facilities on adjacent streets and land, and the effect on agricultural usage.
and values of property and scenic view in the surrounding areas and the effect of the proposed use on existing comprehensive plans. Burden on public utilities. The development authorized by the resoning will not create an excessive
burden on any public facilities or utilities which serve or are proposed to serve the area related to overall needs. The reasoning is reasonably related to the overall needs of the county and to the existing
land use. Consistency with ordinance. The reasonzoning is consistent with the purposes of this ordinance and the purposes of the zoning district in which the applicant seeks classification.
Conflict with comprehensive plan. The reasonzoning is not in conflict with the comprehensive plans of any township, city, county, or county land use plan. Prematurely stimulate public investment
in in utilities. The reasonzoning will will not either individually or cumulatively stimulate premature public investment in the facilities and utilities described in subsection D.2. 2A of this.
Anybody have any comments or things to add? >> Josh is smiling over there. Uh I was in a leadership development program in Barnesville about a year ago and we toured the facilities at the time. Um
he's got a really intentional expansion plan. They you were working on a building at the time I believe uh to connect your buildings. It was a little bit crowded with the residents and 30 of us coming in parking there for the uh tour of the facilities. But um I believe
the facility is uh in keeping with the character of the area and uh uh I think reszoning does make sense what their plan is. >> Okay. And I but I mean we've got Barnesville Barnesville Township. We've
got other officials here that are 100% behind this. >> So um Mr. Chair, uh if there aren't any other comments or questions from the other planning commissioners, do you just want to go through one uh recommendation that staff would
recommend approving this request? Uh one little thing would be just because there is a residence on the property and residential uses aren't permitted in the highway commercial zoning district. The recommendation would be that the resoning wouldn't happen until the residence is removed. So even though you
approve it, it wouldn't be approved on adoption. and be basically uh approved when that residence is removed from from the property. >> And so >> this is this a situation where we would recommend this for approval and the >> yes
>> commissioners would do the literal >> yes >> that um >> I do have a recommended motion but my computer froze. Let's try this again. There it is. Move to
>> I'll make that motion to recom recommend the approval of reszoning subject property from agriculture general to highway commercial upon removal of the residence to the Klay County Board of Commissioner. >> I'll second that. >> Curt stop. >> I'll second that.
>> Second by Jenny. Any further discussion hearing? None. All those in favor say I. >> I. >> Opposed. Motion passes. [Music] Thank you everyone. Next thing on the list is uh
public hearing. Um hopefully our final one for this board of the Bay County Land Development Subdivision ordinance for a motion to open the public hearing. Second
>> motion by Laura, seconded by Ashley to open the public hearing. All those in favor say I. >> I. >> Post. Public hearing is open. Matt. >> Thank you, Mr. Chair. So, yes, this is
hopefully the uh final public hearing uh ordinance update before the planning commission. I know we've had quite a few uh going all the way back to uh August of 2023. Um and I know that the intention was to
to um go through this process at our last meeting. Um just got some couple things that needed to be addressed beforehand. So I do want to give you an update on those and where those are at. Um so just to start off, there's kind of
three three big things. one is the um uh a substantial part of our our ordinance update pertain to the shoreland section of the ordinance. Uh and so as part of that, the the DNR needs to
provide approval of of the updates that were made and our and our shoreland ordinance. We did on Friday get our conditional approval letter for the shoreland section of the ordinance. mainly two things that we have to change that are missing that we have to just add in that are in the in the state
rules. Um also the uh chapter six the subdivision regulations and the administration and procedures uh chapters they were revised based on um both the review of the Klay County attorney and then uh our outside uh
legal council who provided some um review of those two chapters. Uh and then the final thing would be that the the state cannabis rules they were approved by an administ administrative law judge last week. Uh and then they
were just published in the state registar this month uh yesterday. And so I've had a chance to kind of look at the I've been they haven't changed much since um the draft rules were originally proposed I think back in January. Uh but
before we go through um I do want to between now and and when the board of commissioners hear this would like to just look at our um cannabis section uh of the ordinance one more time and and make sure there aren't any surprises with the with the rules
that were just published. And so the next steps um would be to recommend to the county board for enactment. Uh and then just cleaning up, doing any formatting and copy editing um to it as needed. Not making any
substantial changes, just um just any just making sure it reads well. Uh there aren't any weird gaps or spaces anywhere or anything fun like that. Um does and did anyone I just want to also take the opportunity for if anyone has any com
final comments or questions or points of clarification or concerns at all about what has been drafted. take that as a good sign. So I Okay. Well, I just want to really thank you all for your review of this
and and all of your work and to thank our our study review committee for all their their work on this and those who served on this and then and then staff as well. Um, it's been a two-year process to this month essentially. Uh,
but it was quite a major overhaul of of a very lengthy ordinance and um a lot of things to update and I think we're I stand by kind of what what the this
update um and I think that it will um serve the county well moving forward. Okay. >> I don't know if there's any We didn't receive any public comments for this as well. >> Motion to take this to the county
commissioners. >> I think we just need to close the public hearing and then Yep. >> Anybody else have any any more questions, comments? The process hearing. None. Look for a motion to close the public hearing.
>> So moved. >> Motion by Brad. >> Microphone. >> It's green. >> Who? Seconded. >> I and and second by Laura. All those in favor say I. I. Opposed. Public hearing
is closed. So, our next order of business is to send this to the county commissioners. >> Who would like the honors? >> I can do that. I'll move to recommend
the enactment of the Klay County Land Development and Subdivision ordinance to the Klay County Board of Commissioners. >> Motion by Ashley. >> Second. >> Second by Dave Stiken. All those in any further discussion hearing none. All those in favor say I.
>> I. >> Opposed. On to the commissioners. Yay, Jenny. Next uh update of planning and zoning violations. Anything to
speak to? Um, looking at extractive use permit condition violations, currently have 11 out there that we're working on. Um, a lot of most of them are relates to setbacks. Um, setbacks or uh needing to
update state permit permits. Those are kind of the two big ones. Um, so you know, of the 70 plus active pits we have, it's sitting pretty good for this time of
year. And just two home occupation use permits um that will need to be resolved here. So, you will probably see those coming before you in the coming months. >> Thank you. Anybody else? Any any
questions for Matt regarding >> Okay. >> One thing um that the uh board of commissioners did request of me is to just uh poll some of my neighboring counties just to see kind of what their
um violations levels are um just so we can have some comparative data. and I've reached out to a couple and just looking to get more information for uh mainly surrounding counties, but then also counties that would be similar in size
to us as well. So hopefully we'll have that I can bring that to you as well when I have all that information compiled. >> Okay, thank you. the the general consensus has has been that it's um there's been a increase in
the past three years kind of across the board. Well, and we've been forced to take some actions here on several operators ourselves. So, okay. Well, hopefully it's
we can get things resolved before permits get taken away. >> Mr. Chair and Matt, do you feel that's common among among the other counties that you're going to talk to the increase or are you going to find that out? >> That's the general consensus that I've received back from when I've originally
reached out. >> You have any explanation on why that is the case? >> Uh, I don't know. Just curious. I mean, everybody's got a story. >> Okay.
Thank you. Moving on to unfinished business. >> No unfinished business, Mr. Chair. >> How about new and exciting business? >> Um, nothing new and exciting to report
unless anyone else has anything. Well, I'd like to officially welcome Josh to our board. >> Thank you, Mr. Chair. >> Nice to have you. Anyone have anything else they
feel drawn to bring up? Hearing nothing. Look for a motion to adjurnn. >> Motion by Dave. Second. >> Second by Kurt Shervin. All those in favor say I. >> I. >> Opposed. Meeting is adjourned. Thank you
everyone.