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Home My WebLink About20183628.tiff EXHIBIT In D a I\JP\---- BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION - P1 RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Gene Stille , that the following resolution be introduced for passage by the Weld County Planning Commission . Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR18-0072 APPLICANT : STEVEN & CARIE WINTER , C/O CARTERS LAWN CARE INC . PLANNER : KIM OGLE REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE , OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (LANDSCAPE CONSTRUCTION AND MAINTENANCE BUSINESS ) AND MORE THAN ONE CONEX CONTAINER UTILIZED FOR SECURE STORAGE , PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION : LOT A REC EXEMPT RE-2206 ; PART NW4 SECTION 15 , T6N , R67W OF THE 6TH P . M . , WELD COUNTY, COLORADO . LOCATION : 0 . 5 MILES WEST OF CR 21 ; SOUTH OF AND ADJACENT TO CR 70 . be recommended favorably to the Board of County Commissioners for the following reasons : 1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code . 2 . It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2- 220 of the Weld County Code as follows : A . Section 23-2-220 .A . 1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect . B . That the proposal is consistent with the intent of the district in which the USE is located . The Planning Commission believes this business is located in proximity to the market that it serves and it is adjacent to agricultural property . Further, despite the referral from the Town of Windsor that states the use is not compatible with its Land Use Plan , the Planning Commission believes that the u se is consistent with the area . Further, the Planning Commission believes that the use pre-exists the adjacent residential development. C . That the USES which would be permitted will be compatible with the existing surrounding land USES . The Planning Commission believes this business is located in proximity to the market that it serves and it is adjacent to agricultural property . Further, despite the referral from the Town of Windsor that states the use is not compatible with its Land Use Plan , the Planning Commission believes that the u se is consistent with the area . Further, the Planning Commission believes that the use pre-exists the adjacent residential development. D . That the USES which would be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of this Code or MASTER PLANS of affected municipalities . The Planning Commission believes this business is located in proximity to the market that it serves and it is adjacent to agricultural property . Further, despite the referral from the Town of Windsor that states the use is not compatible with its Land Use Plan , the Planning Commission believes that the u se is consistent with the area . Further, the Planning Commission believes that the use pre-exists the adjacent residential development. RESOLUTION USR18-0072 STEVEN&CARIE WINTER, CIO CARTERS LAWN CARE INC PAGE 2 E That the application complies with Articles V and XI of this Chapter if the proposal is located within the Overlay District Areas or a Special Flood Hazard Area identified by maps officially adopted by the COUNTY F That if the USE is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the proposed USE The Planning Commission believes this business is located in proximity to the market that it serves and it is adjacent to agricultural property G That there is adequate provision for the protection of the health,safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY This recommendation is based,in part,upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities The Planning Commission recommendation for approval is conditional upon the following 1 Prior to recording the USR map A The property owner and or applicant shall address the recommendations of the Town of Windsor Planning Commission, if this use is approved,as outlined in the Town referral dated September 25, 2018 1) The Town asks for substantial efforts to mitigate any potential impacts such as increased traffic, dust, pollution, noise and visible outdoor storage (Town of Windsor Planning Commission) 2) Coordination of access on County Road 70 with adjacent properties to minimize traffic impacts to residential neighbors and future arterial roads (Town of Windsor Planning Commission) 3) Any significant change in generated traffic beyond stated traffic in the application will need to be revisited (Town of Windsor Planning Commission) 4) Tying into the sewer line stubbed to the property,contingent on further coordination with Windsor (Town of Windsor Planning Commission) 5) The Town is opposed to a permanent use of a portable toilet The site and building need to adhere to all health and building codes (Town of Windsor Planning Commission) 6) Require that all stormwater is retained on site (Town of Windsor Planning Commission) 7) Require screening/buffer on the property adjacent to residential uses, consistent with the CPA design standards (Town of Windsor Planning Commission) 8) A plan to pave the parking and interior drives, per the CPA standards (Town of Windsor Planning Commission) 9) Adherence to all other CPA design standards (Town of Windsor Planning Commission) B The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property crossed by the access The access shall be for ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number (Department of Planning Services) C The applicant shall develop a Lighting Plan for review and approval,in accordance with Section 23-3- 250 B 6 of the Weld County Code (Department of Planning Services) RESOLUTION USR18-0072 STEVEN&CARIE WINTER, CIO CARTERS LAWN CARE INC PAGE 3 D The applicant shall develop and submit a visual mitigation, landscape and screening plan to the Department of Planning Services for review and approval (Department of Planning Services) E The applicant shall develop and submit a noise mitigation plan to the Department of Planning Services for review and approval (Department of Planning Services) F The applicant shall submit building permits for the conex containers located on the property (Department of Planning Services) G The map shall be amended to delineate the following 2 All sheets of the map shall be labeled USR18-0072 (Department of Planning Services) A The attached Development Standards (Department of Planning Services) B The map shall be prepared per Section 23-2-260 D of the Weld County Code (Department of Planning Services) C The applicant shall delineate the trash collection areas Section 23-3-350 H of the Weld County Code addresses the issue of trash collection areas (Department of Planning Services) D If applicable,signs shall be shown on the map and shall adhere to Chapter 23,Article IV,Division 2 and Appendices 23-C,23-D and 23-E of the Weld County Code (Department of Planning Services) E The map shall delineate the lighting incorporating the dark sky policy, if applicable (Department of Planning Services) F County Road 70 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout The applicant shall delineate on the site plan the future and existing right-of-way All setbacks shall be measured from the edge of future right-of-way This road is maintained by Weld County (Department of Public Works) G Show and label the approved access locations, approved access width and the appropriate turning radii (60')on the site plan The applicant must obtain an access permit in the approved location(s) prior to construction (Department of Public Works) H Show and label the entrance gate if applicable An access approach that is gated shall be designed so that the longest vehicle(Including trailers)using the access can completely clear the traveled way when the gate is closed In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet (Department of Public Works) I The applicant shall show the drainage flow arrows (Department of Public Works) J Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property (Department of Public Works) K Show and label all structures on the property (Department of Planning Services) L Show the approved Visual Mitigation, Landscape and Screening Plan (Department of Planning Services) M Show and label the employee and equipment parking and storage areas (Department of Planning Services) 3 Prior to construction A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required (Department of Public Works) L RESOLUTION USR18-0072 STEVEN&CARIE WINTER, CIO CARTERS LAWN CARE INC PAGE 4 4 Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)electronic copy (pdf)of the map for preliminary approval to the Weld County Department of Planning Services Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services The map shall be prepared in accordance with the requirements of Section 23-2-260 D of the Weld County Code The Mylar map and additional requirements shall be submitted within one hundred twenty(120)days from the date of the Board of County Commissioners Resolution The applicant shall be responsible for paying the recording fee (Department of Planning Services) 5 In accordance with Weld County Code Ordinance#2012-3,approved Apnl 30,2012,should the map not be recorded within the required one hundred twenty(120)days from the date of the Board of County Commissioners Resolution,a$50 00 recording continuance charge shall be added for each additional three(3)month period (Department of Planning Services) 6 The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate Acceptable format is a projected ESRI shapefile(shp, shx, dbf, prj)with a defined coordinate system(i e, NAD 1983 UTM Zone 13N,WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet) etc) This digital file may be sent to maps@co weld co us (Department of Planning Services) 7 The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement (Department of Planning Services) Motion seconded by Elijah Hatch VOTE For Passage Against Passage Absent Bruce Johnson Bruce Sparrow Michael Wades Tom Cope Gene Stile Lonnie Ford Richard Beck Elijah Hatch Skip Holland The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings CERTIFICATION OF COPY I,Kristine Ranslem,Recording Secretary for the Weld County Planning Commission,do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on November 6, 2018 Dated the 6th of November, 2018 n ibb rill. n. Kristine Ranslem Secretary RESOLUTION USR18-0072 STEVEN&CARIE WINTER,C/O CARTERS LAWN CARE INC PAGE 5 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Steve and Cane Winter c/o Carters Lawn Care, Inc USR18-0072 1 A Site Specific Development Plan and Use by Special Review Permit, USR18-0072, for a Use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts(Landscape Construction and Maintenance Business)and more than one conex container utilized for secure storage, provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)Zone District, subject to the Development Standards stated hereon (Department of Planning Services) 2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code (Department of Planning Services) 3 The hours of operation are 8 00 a m to 5 00 p m Monday thru Friday and 8 00 a m to Noon on Saturday (Department of Planning Services) 4 The number of employees shall be twelve(12) (Department of Planning Services) 5 The parking area on the site shall be maintained (Department of Planning Services) 6 All signs shall adhere to Chapter 23,Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code (Department of Planning Services) 7 The visual mitigation and screening on the site shall be maintained in accordance with the approved Landscape/Screening Plan (Department of Planning Services) 8 The approved Noise Mitigation Plan shall be maintained (Department of Planning Services) 9 Lighting shall be maintained in accordance with the approved Lighting Pan (Department of Planning Services) 10 The property owner shall control noxious weeds on the site (Department of Public Works) 11 The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking (Department of Public Works) 12 There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized (Department of Public Works) 13 Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement (Department of Public Works) 14 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public Works) 15 All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,30-20-100 5, C R S) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination (Department of Public Health and Environment) 16 No permanent disposal of wastes shall be permitted at this site This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities RESOLUTION USR18-0072 STEVEN&CARIE WINTER, CIO CARTERS LAWN CARE INC PAGE 6 Act, 30-20-100 5, C R S (Department of Public Health and Environment) 17 Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code (Department of Public Health and Environment) 18 Fugitive dust should attempt to be confined on the property Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations (Department of Public Health and Environment) 19 Facility shall adhere to the composting regulations for conditional exempt compost operations as outlined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100 5, C RS and as applicable (Department of Public Health and Environment) 20 For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full-time employees on site,portable toilets and bottled water are acceptable Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers (Department of Public Health and Environment) 21 If the existing septic system is utilized, for business use, the septic system shall be reviewed by a Colorado Registered Professional Engineer The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations (Department of Public Health and Environment) 22 This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C R S (Department of Public Health and Environment) 23 All pesticides,fertilizer, and other potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner,that minimizes the release of hazardous air pollutants (HAPs) and volatile organic compounds (VOCs) All chemicals must be stored securely, on an impervious surface, and in accordance with manufacturers' recommendations (Department of Public Health and Environment) 24 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code (Department of Public Health and Environment) 25 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan Neither the direct,nor reflected,light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets No colored lights may be used which may be confused with,or construed as, traffic control devices (Department of Planning Services) 26 A building permit may be required,per Section 29-3-10 of the Weld County Code Currently the following has been adopted by Weld County 2012 International Codes, 2006 International Energy Code, 2017 National Electrical Code, A building permit application must be completed and two complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or an open hole inspection (Department of Building Inspection) 27 Necessary personnel from the Weld County Departments of Planning Services,Public Works and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations RESOLUTION USR18-0072 STEVEN&CARIE WINTER, CIO CARTERS LAWN CARE INC PAGE 7 28 The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations Substantial changes from the plans or Development Standards,as shown or stated,shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted Any other changes shall be filed in the office of the Department of Planning Services 29 The property owner or operator shall be responsible for complying with all of the foregoing Development Standards Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners 30 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because the state's commercial mineral deposits are essential to the state's economy,(b)the populous counties of the state face a critical shortage of such deposits,and(c)such deposits should be extracted according to a rational plan,calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development Often times,mineral resource sites are fixed to their geographical and geophysical locations Moreover, these resources are protected property nghts and mineral owners should be afforded the opportunity to extract the mineral resource 31 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive agricultural counties in the United States,typically ranking in the top ten counties in the country in total market value of agricultural products sold The rural areas of Weld County may be open and spacious,but they are intensively used for agriculture Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas open views,spaciousness,wildlife,lack of city noise and congestion,and the rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area Well-run agricultural activities will generate off-site impacts,including noise from tractors and equipment,slow-moving farm vehicles on rural roads,dust from animal pens,field work,harvest and gravel roads,odor from animal confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production Water has been,and continues to be,the lifeline for the agncultural community It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water Weld County covers a land area of approximately four thousand (4,000)square miles in size(twice the size of the State of Delaware)with more than three thousand seven hundred (3,700)miles of state and County roads outside of municipalities The sheer magnitude of the area to be served stretches available resources Law enforcement is based on responses to complaints more than on patrols of the County,and the distances which must be traveled may delay all emergency responses, including law enforcement, RESOLUTION USR18-0072 STEVEN&CARIE WINTER, C/O CARTERS LAWN CARE INC PAGE 8 ambulance, and fire Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected from a paved road Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm Services in rural areas,in many cases,will not be equivalent to municipal services Rural dwellers must,by necessity, be more self-sufficient than urban dwellers People are exposed to different hazards in the County than in an urban or suburban setting Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations,high speed traffic,sandburs,puncture vines,territorial farm dogs and livestock,and open burning present real threats Controlling children's activities is important,not only for their safety,but also for the protection of the farmer's livelihood -? C ir 1rlU "he_ EXHIBIT A SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING 'is , A fp a ii t Tuesday , November 6 , 2018 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building , Hearing Room , 1150 O Street , Greeley , Colorado . This meeting was called to order by Chair, Michael Wailes , at 12 : 30 pm . Roll Call . Present: Bruce Johnson , Bruce Sparrow , Elijah Hatch , Gene Stille , Lonnie Ford , Michael Wailes , Richard Beck , Tom Cope . Absent/Excused : Skip Holland Also Present : Kim Ogle , Chris Gathman , Diana Aungst , and Tom Parko , Department of Planning Services ; Jose Gonzalez , Department of Building ; Lauren Light and Ben Frissell , Department of Health ; Evan Pinkham and Hayley Balzano , Department of Public Works ; Frank Haug and Bob Choate , County Attorney , and Kris Ranslem , Secretary . Skip Holland entered the meeting at 1 : 40 pm . CASE NUMBER: USR18-0072 APPLICANT : STEVEN & CARIE WINTER , CIO CARTERS LAWN CARE INC . PLANNER : KIM OGLE REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT , AN ACCESSORY USE , OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (LANDSCAPE CONSTRUCTION AND MAINTENANCE BUSINESS ) AND MORE THAN ONE CONEX CONTAINER UTILIZED FOR SECURE STORAGE , PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL ) ZONE DISTRICT LEGAL DESCRIPTION : LOT A REC EXEMPT RE-2206 ; PART NW4 SECTION 15 , T6N , R67W OF THE 6TH P . M . , WELD COUNTY , COLORADO . LOCATION : 0 . 5 MILES WEST OF CR 21 ; SOUTH OF AND ADJACENT TO CR 70 . Kim Ogle , Planning Services , presented Case USR18-0072 , reading the recommendation and comments into the record . The use proposed is not consistent with the adjacent residential use or the Town of Windsor' s land use plan ; therefore , the Town of Windsor requests that in the event this is approved that every effort is made to mitigate the potential impacts , such as increased traffic , fumes , noise and visible storage . Mr . Ogle noted that two (2 ) letters of concern were received from property owners that live to the west and south of the site . The letters listed several common concerns regarding that the business is not located in an agricultural use , impacts on property values , potential eye sore , nuisance from debris including rodents and insects , not compliant with the current land use and future expectations . The Department of Planning Services recommends denial of this application with the attached conditions of approval and development standards . Evan Pinkham , Public Works , reported on the existing traffic , access to the site and drainage conditions for the site . Ben Frissell , Environmental Health , reviewed the public water and sanitary sewer requirements , on -site dust control , and the Waste Handling Plan . Carter Sekerak , 652 Wind River Court, Windsor, Colorado , stated that he is the owner of the landscaping business and he is applying for this use on Steve Winter' s farm . He added that they provide maintenance and landscape construction for the Town of Windsor and surrounding areas . Commissioner Hatch understands it is a zoning violation and asked how long they have been operating at this site . Mr . Carter replied that they have been on site for almost four (4 ) years . 1 Commissioner Cope asked what type of screening the applicant is proposing Mr Carter replied it would be based on what is recommended from the Town of Windsor and Weld County and said that it will most like be trees to provide screening Commission Sparrow asked if the business was there before the homes were built. Mr Carter said that he was there before the homes were built The Chair asked if there was anyone in the audience who wished to speak for or against this application No one wished to speak Commissioner Stale asked if anyone in the community has complained of dust control or lighting Mr Sekerak replied that he is not aware of any complaints The Chair asked to clarify the reason for recommendation of denial Mr Ogle said that the recommendation was based on the Town of Windsor's Coordinated Planning Agreement and in this particular agreement Windsor stated that it is not compatible with their future land use maps He added that in the application materials the applicant stated that he was not willing to install any screening and it is one of the criteria for the Town of Windsor to mitigate any concerns for compatibility The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion- Forward Case USR18-0072 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Gene Stale, Seconded by Elijah Hatch. Vote: Motion carried by unanimous roll call vote (summary Yes=9) Yes:Bruce Johnson,Bruce Sparrow, Elijah Hatch,Gene Stale,Lonnie Ford,Michael Wailes, Richard Beck, Skip Holland,Tom Cope Commissioner Stale stated that he believes the applicant meets the criteria in Section 23-2-220 A 1 through A7 Commissioner Johnson said that he believes this business is located in proximity to the market that it serves and it is adjacent to agricultural property He is in favor of the approval Commissioner Cope said that Staff is required to go with the recommendation from the Town of Windsor, however, it has shown that this property does meet the standards that they normally review and agree upon He said that he feels this use meets the criteria in Section 23-2-220 A 1 through A 7 Meeting adjourned at 8 05 pm Respectfully submitted, W.511:6611 Atztam, Kristine Ranslem Secretary 2 ATTENDANCE RECORD "64/ 3 NAME-PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street,City,State,Zip AO lOOka)/y 0-)4rl ' 11, 110 lb K `.3 �c Lu(I (.d `r�) C0d2li,ri fs krz' oi�...)f. �,(n{ ('ar,-{rclr III7b Cg 2-i. 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