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Home My WebLink About20180980.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bruce Sparrow, that the following resolution be introduced for denial by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR17-0064 R 17-0064 LORENA GARCIA RYDER REDDICK A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A AND A HOME BUSINESS (STORAGE OF UP TO 3 COMMERCIAL DUMP TRUCKS) IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT 25 CASAGRANDE ESTATES 1ST ADDITION, BEING PART OF SECTION 17, T2N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. WEST OF AND ADJACENT TO APACHE ROAD AND NORTH APPROXIMATELY 0.2 MILES FROM PINE CONE AVENUE. be recommended unfavorably 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 not 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. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. C Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. D Section 23-2-220.A.4 -- The uses which will 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 the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. 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. Should the Board of County Commissioners approve the proposal, the Planning Commission recommends the following conditions: 1. Prior to recording the plat: A. All outdoor storage of materials related to the commercial business on site other than the three commercial dump trucks proposed in the application must be removed from the property prior to recording the plat. Photographic evidence shall be provided to the Weld County Department of Planning Services showing that outside storage of all commercial related items stored on the property have been removed from the site. (Department of Planning Services) B The applicant shall address the requirements (concerns) of the Weld County Department of Building Inspection, as stated in the referral response dated January 16, 2018. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. (Department of Building Inspection) RESOLUTION USR17-0064 LORENA GARCIA PAGE 2 C. The On -Site Wastewater Treatment system permitted as SP -1700380 shall be installed in accordance with the Weld County On -Site Wastewater Treatment System (OWTS) Regulations. (Department of Public Health and Environment) D. The applicant shall address the requirements of the Frederick -Firestone Fire Protection District, as stated in the referral response dated November 21, 2017. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall address the requirements of the Saint Vrain Valley School District RE -1J, as stated in the referral response dated November 27, 2017. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) F. The applicant shall provide evidence to the Department of Planning Services that all non- commercial junkyard items located on the property are screened from all adjacent properties and public rights -of -way, or have been removed from the property. (Department of Planning Services) G. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR17-0064 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. Show and label on the map all existing and proposed structures on the site. (Department of Planning Services) 5. The map shall delineate the existing landscaping and the proposed screening. (Department of Planning Services) 6. The map shall delineate all existing and proposed outdoor lighting. The lighting will need to adhere to Section 23-2-250.D of the Weld County Code. (Department of Planning Services) 7. All 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) 8. The map shall delineate the parking area on site for the commercial vehicles stored on site and employee parking. (Department of Planning Services) 9. Show and label all recorded easements and rights -of -way on the map by book and page number or reception number and date on the site plan map. (Department of Planning Services) 10. Apache Road is a paved road and is designated on the Weld County Functional Classification Map as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan map the 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) 11. Show and label the approved access locations, and the appropriate turning radii (60') on the site plan. (Department of Public Works) RESOLUTION USR17-0064 LORENA GARCIA PAGE 3 12. 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) 13. The applicant shall show drainage flow arrows. (Department of Public Works Development Engineer) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or 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) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 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 added for each additional three (3) month period. (Department of Planning Services) 4. 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 State Plane Colorado North Fl PS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us. (Department of Planning Services) 5 Prior to Construction A. The applicant must obtain an access permit in the approved location(s). (Department of Public Works) 6 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 Tom Cope. VOTE: For Denial Bruce Johnson Bruce Sparrow Jordan Jemiola Terry Cross Tom Cope Lonnie Ford Richard Beck Against Denial Absent Michael Wailes Gene Stille RESOLUTION USR17-0064 LORENA GARCIA PAGE 4 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 April 3, 2018. Dated the 3rd of April, 2018 Kristine Ranslem Secretary RESOLUTION USR17-0064 LORENA GARCIA PAGE 5 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Lorena Garcia USR17-0064 1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0064, for One (1) Single - Family Dwelling per lot other than those permitted under Section 23-3-20.A and a Home Business (storage of up to three (3) commercial dump trucks and up to three (3) external employees) 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 7:00 a.m. - 8:00 p.m. Monday — Sunday. (Department of Planning Services) 4. The total number of on -site employees shall be 5. Up to 3 of those 5 employees are allowed to be external employees that do not live on site. (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 landscaping/screening on the site shall be maintained. (Department of Planning Services) 8. 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) 9. 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) 10. 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 Act, 30 20 100.5, C.R.S. (Department of Public Health and Environment) 11. 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 applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 12. 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) 13. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25 12 103 C.R.S. (Department of Public Health and Environment) 14. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. 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 RESOLUTION USR17-0064 LORENA GARCIA PAGE 6 licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) 15. 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) 16. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and Environment) 17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 18. 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) 19. The property owner shall control noxious weeds on the site. (Department of Public Works) 20. The access to the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 21. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 22. 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) 23. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services - Engineer) 24. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services - Engineer) 25. Building permits will be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2) 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 Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 26. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 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. 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. RESOLUTION USR17-0064 LORENA GARCIA PAGE 7 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 (a) 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 rights and mineral owners should be afforded the opportunity to extract the mineral resource. 31. WELD COUNTY'S RIGHT TO FARM: 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 agricultural 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, 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. RESOLUTION USR17-0064 LORENA GARCIA PAGE 8 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. >r • • • -3 -0ZADiz �C PAAvi SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. April 3, 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, Terry Cross, at 12:30 pm. Roll Call. Present: Bruce Johnson Bruce Sparrow, Jordan Jemiola, Lonnie Ford. Michael Wailes. Richard Beck. Terry Cross. Tom Cope. Absent: Gene Stille Also Present: Kim Ogle. Chris Gathman. Ryder Reddick, Michael Hall. and Angela Snyder. Department of Planning Services: Lauren Light and Ben Frissell. Department of Health: Evan Pinkham and Hayley Balzano. Public Works, Bob Choate, County Attorney. and Kris Ranslem. Secretary. Michael Wades left the meeting at 4:13 pm. CASE NUMBER: APPLICANT: PLANNER: REQUEST LEGAL DESCRIPTION LOCATION: USR17-0064 LORENA GARCIA RYDER REDDICK A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A AND A HOME BUSINESS (STORAGE OF UP TO 3 COMMERCIAL DUMP TRUCKS) IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT 25 CASAGRANDE ESTATES 1ST ADDITION. BEING PART OF SECTION 17. T2N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO WEST OF AND ADJACENT TO APACHE ROAD AND NORTH APPROXIMATELY 0.2 MILES FROM PINE CONE AVENUE. Ryder Reddick. Planning Services. presented Case USR17-0064. reading the recommendation and comments into the record Mr. Reddick noted that six (6) letters were received in opposition to this request outlining concerns that allowing the second residence would open the door for all surrounding lots to be approved for second homes. the home business would allow for unsightly materials (concrete and commercial waste items), negatively affect surrounding property values, and negatively affected drainage on site_ The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Mr. Reddick requested adding Condition of Approval 1.A to read "All outdoor storage of materials related to the commercial business on site other than the three commercial dump trucks proposed in the application must be removed from the property prior to recording the plat. Photographic evidence shall be provided to the Weld County Department of Planning Services showing that outside storage of all commercial related items stored on the property have been removed from the site-. Commissioner Johnson asked if there is an active Homeowner's Association and if there are active covenants for Casa Grande Estates Mr Reddick replied that there is no active Homeowner's Association and added that if there are covenants, they are not currently active Evan Pinkham. Public Works. reported on the existing traffic and access to the site. Hayley Balzano. Public Works. reported on the drainage conditions for the site_ Lauren Light. Environmental Health. reviewed the public water and sanitary sewer requirements. on -site dust control. and the Waste Handling Plan. 1 Lorena Garcia, 9231 Apache Road, Longmont, Colorado, stated that the purpose of the second home is for family coming to stay. Commissioner Sparrow asked how inspections can be completed when the home has been built. Mr. Reddick stated that the applicant applied for a Building Permit for a residential addition; however, they built the second home without obtaining the appropriate building permits. Jose Gonzalez, Assistant Building Official, stated that the Building Department requests that an engineer provide an observation assessment of what work has been completed and not inspected. Commissioner Sparrow asked the applicant if they were aware that they needed a building permit. Ms. Garcia replied that she did know and hired a contractor to build it and added that he obtained a permit to build the home. However, when she called for inspections she learned that the contractor did not submit a building permit. Ms. Garcia stated that they converted the existing garage on the original home to a living space and were told by the contractor that he submitted permits for both the conversion and the second home. Commissioner Ford asked the applicant if they intend to use this house as a rental. Ms. Garcia said that they have daughters who will live there and family who will stay. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Gary Harper, 9132 Apache Road, stated he is opposed to the multi -family approach. He said that he has no concerns with the business operation from ths site. Mr. Harper said that he doesn't understand how the second home was built when inspections were performed on the garage conversion. Mr. Gonzalez said that there was a building permit to convert the garage into habitable space and added that it was during an inspection that a building inspector noted that additional work was done outside of the scope of the building permit. Therefore, the Building Department placed a stop work order and then the applicant was required to submit land use permits for the second home. John Adams Gordon, 9261 Apache Road, stated that the applicant stated it was for family and friends and it seems to him that it is a rental situation. Commissioner Cope asked Mr. Gordon if he is opposed to the second home. Mr. Gordon replied yes. Mr. Cope asked if he is opposed to the second business. Mr. Gordon said he is not opposed to the second business. Tom Moore, 9062 Apache Road, Longmont, Colorado, stated that he doesn't object to the business but he opposes the second home. Commissioner Jemiola asked Staff whose name is on the permit for the garage renovation. Mr. Gonzalez stated that the permits are listed under the homeowners' name; however, a contractor can submit a building permit on behalf of the homeowner. Freddie Martinez, 9262 Apache Road, stated that he is not opposed to the business but he is opposed to the second home. Mr. Gonzalez followed up on Commissioner Jemiola's inquiry and stated that Luis Gonzales submitted the building permit and was authorized by the homeowner to renovate the garage. Kathy Burger, 9055 Del Camino Lane, stated that she is opposed to the second home as this could lead to everyone building second homes within this subdivision and that was not the intention. Bernice Walker, 7501 CR 20, stated that a few years ago she approached Weld County to build a second home for her in-laws and they were told that they could apply for a variance and put a trailer on the property; however, that structure would have to be removed when their parents were gone. She also opposes the second home and the business as the applicants have not been truthful. 2 Elmer Walker 7501 CR 20, stated that he is opposed to the second home and business. James Grabowski, 9061 Apache Road, stated that he is opposed to the second home. Jane Moore, 9062 Apache Road, stated that she is concerned with the speed and disregard to safety of the drivers. She is also concerned with the second home and is confused if it will be used as a rental or for family. Darlene Abell, 9461 Apache Road, said that she has also asked in previous years if she could divide her land and was told that she was not able to divide it. She said that it is a residential community and it should remain residential. She is not opposed to the business but is concerned with the traffic. Lorene Grabowski, 9061 Apache Road, said that she is concerned with the second residence and the speed of the trucks. Commissioner Jemiola is torn because they have approved second homes on properties smaller than this and he is concerned that they haven't had inspections performed on the property. Ms. Garcia said that no inspections have been done because they were told to stop building. She added that the home is only a shell. Commissioner Johnson said that it appears this entire subdivision has businesses without the appropriate land use permits. He feels that it needs to be brought back to the HOA to review their covenants and organization. Motion: Add Condition of Approval 1.A, as recommended by Staff, Moved by Jordan Jemiola, Seconded by Bruce Sparrow. Motion carried unanimously. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Commissioner Cope said that if we are designing single lot subdivisions then they are intended to be single lot subdivisions. He is in opposition of this second home because the intent is to design and plot a piece of ground with one (1) single dwelling unit. When you start approving this it sets a precedence. He understands other properties with mother-in-law homes and rental properties but he doesn't believe it is intended for areas that have already been divided and developed as single lot subdivisions. Commissioner Jemiola concurred with Mr. Cope. Commissioner Sparrow said that he doesn't have a problem with the garage and the business, but agrees with Mr. Cope regarding the second home. Commissioner Beck sympathized with the applicant but said that he doesn't feel it fits in the rules. Commissioner Ford said that he is opposed to two houses. Commissioner Cross said that he agrees with Mr. Jemiola and said that they have approved a number of second homes on subdivision lots. However, it is already there and some of the rules have been violated. Motion: Forward Case USR17-0064 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of denial, Moved by Bruce Sparrow, Seconded by Tom Cope. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope. 3 Commissioner Jemiola stated that he would like to see some way that the garage can be salvaged and is in support of the applicant being able to maintain a landscaping business, if it is screened. Meeting adjourned at 7:46 pm. Respectfully submitted, Kristine Ranslem Secretary 4 ATTENDANCE RECORD NAME .:. PLEASE PRINT LEGIBLY ADDRESS EMAIL JoI.p Qoe 123 Nowhere Street/ City, State, Zip ny0 117,c, (etki cello $9),"‘ 4.s- ve 7 A r /4fr. ;N S7) ei .tilit ' skA eik,A,_ •I 51L? ,� F ..� 1.l1 � 'fr �,�. j��! 1 "litiViewa afill ` I 1 i) , - cu \yj� SA. C/ '. ■ �• 4 F� M.; ^.�Jy Thy j ♦♦ `,0 Mr" y�yy, rte $ _ ` _ \) F'. _ •". `• Ei,. - t, 1r- /O '•r.'a. ��:r.,.. > ,�. .>. '.;a,Nisl + ..",: s�`y +^'s"" ..--4d— r r, I i / 1 .. Illgr it F A' 4 ,e PI• p � ' ,,,� Jy YTA. ^ i fel /////(/�(((� /7 La . 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