HomeMy WebLinkAbout20182174.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
Moved by Michael Wailes, 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:
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR 18-0014
VALLEY OAK DRIVE, LLC, C/O TROY & DAWNA ARMSTRONG
MICHAEL HALL
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE-
FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT 8 JB ACRES 3RD FILING, BEING PART OF SECTION 33. T6N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO N 66TH AVENUE, APPROXIMATELY 0 13 MILES
NORTH OF C STREET
had no recommendation for approval or denial to the Board of County Commissioners.
The Department of Planning Services Staff recommends that this request be approved 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.
Section 22-2-20.F.3. - A. Policy 6.3. states, "Encourage multi -generational, caretaker, guest
and accessory quarters."
The proposed second single family dwelling is for a residence for family members.
Section 22-2-20. H. - A. Goal 8. States, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to accommodate the requested new land use
change for more intensive development."
There is currently water and septic service provided to the property. Water is provided by
North Weld County Water District (NWCWD) meter # 1077 002. The NWCWD letter, dated
October 23, 2017 states no concerns with allowing the existing meter to be used for a USR
for a second home. The existing septic system for the main residence was reviewed under
SE -1700032 in December of 2017 and it was determined the system was not failing but not
enough information was provided to determine adequate sizing. The applicants indicated
either a new septic system will be installed to serve both residences or an individual system
will be installed for the new dwelling unit.
Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-40.M. of the Weld County Code allows for one (1) single-family dwelling unit per
lot other than those permitted under section 23-3-20.A. (second single-family dwelling unit) in
the Agricultural (A) Zone District.
Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
There are nineteen (19) lots created by J B Acres Filings 1 through 4 and the sizes of the lots
within J B Acres range between 1.5 and 3.5 acres. The use of the other J B Acres lots is
RESOLUTION USR18-0014
VALLEY OAK. DRIVE, LLC, C/O TROY & DAWNA ARMSTRONG
PAGE 2
residential. Outside of J B Acres, there are several nearby parcels located within
unincorporated Weld County, created by recorded exemptions and are zoned A (Agricultural).
The City of Greeley has annexed large portions of the area around J B Acres, but no lots
immediately adjacent to the site. The properties south of J B Acres and south of C Street are
all located in the City of Greeley. The use of these nearby parcels is for residential and
agricultural purposes which is consistent with the area. The proposed second home appears
to be compatible and does not detract from the surrounding land uses.
There is one Use by Special Review Permit (USR-1587 - kennel for 30 cats) issued on Lot 13
of J B Acres 2nd Filing on N 67th Avenue, located southwest of the subject site. There are
several Use by Special Review Permits issued within one mile of the site and are clustered to
the north of the site along the Cache La Poudre River. 2AMUSR-897 for a mineral resource
development facility is located approximately 0.28 miles to the northwest. USR-900 for gravel
mining is located approximately 0.31 miles to the north. MUSR15-0010 for an excavating
company and storage is located approximately 0.6 miles to the north.
The Weld County Department of Planning Services sent notice to eighteen (18) surrounding
property owners. Planning staff received fourteen (14) letters in opposition to this USR. One
(1) letter was custom (Exhibit 1) and thirteen (13) were identical form petition letters (Exhibit
2). All letters were from surrounding property owners within 500 feet of the proposed USR
boundary and outlined questions and concerns with lowering property values and changing
the neighborhood's single-family residential dynamic. The conditions of approval and
Development Standards should adequately address these concerns.
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.
The site is located within the three (3) mile referral area of the City of Greeley. The City of
Greeley in their referral comments, dated March 3, 2018 provided advisory information. This site
is within Greeley's Long Range Expected Growth Area. Proposed developments within this area
should be compatible with the City's Development Code, specifically, second home size criteria.
The site is not located within an Intergovernmental Agreement (IGA) boundary.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and Xl, of the
Weld County Code.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area
or the Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The soil designation for the site is "Other" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. Due to the classification given, the proposed USR will not
take "Prime (Irrigated)" Farmland out of production.
G. Section 23-2-220.A.7 - There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
RESOLUTION USR18-0014
VALLEY OAK. DRIVE, LLC, C/O TROY & DAWNA ARMSTRONG
PAGE 3
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and 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.
Should the Board of County Commissioners approve this request, the Planning Commission recommends that
the following conditions of approval and development standards be attached:
1. Prior to recording the map:
A. The Map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0014 (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 all recorded rights -of -way and easements on the lot. (Department of
Planning Services)
5. Show and label the locations and setbacks of the existing home and proposed second
home. (Department of Planning Services)
6. N 66th Avenue 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 the existing right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
7 Show and label the approved access locations, approved access width and the
appropriate turning radii (25') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to construction. (Department of Public Works)
8. The applicant shall show the drainage flow arrows. (Department of Public Works)
9. 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)
2. 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)
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
RESOLUTION USR18-0014
VALLEY OAK. DRIVE, LLC, C/O TROY & DAWNA ARMSTRONG
PAGE 4
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 StatePlane
Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to mapsco.weld.co.us.
(Department of Planning Services)
5. 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)
6. Prior to the issuance of the Certificate of Occupancy:
A. An on -site wastewater treatment system is required for the proposed residence and shall be
installed according to the Weld County Onsite Wastewater Treatment System Regulations.
(Department of Public Health and Environment)
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 plat 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 Gene Stille.
VOTE:
For Passage
Michael Wailes
Gene Stille
Lonnie Ford
Against Passage
Bruce Johnson
Tom Cope
Richard Beck
Absent
Bruce Sparrow
Jordan Jemiola
Terry Cross
The Chair declared it was a tie vote 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 June 19, 2018.
Dated the 19th of June, 2018
461.6kintad AvieItemet
Kristine Ranslem
Secretary
RESOLUTION USR18-0014
VALLEY OAK. DRIVE, LLC, C/O TROY & DAWNA ARMSTRONG
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Valley Oak Drive, LLC
USR18-0014
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-O014, for one (1) single-
family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second single-family
dwelling unit), in the A (Agricultural) Zone District, subject to the Development Standards stated hereon.
(Department of Planning Services)
2. The second home shall be restricted to family and caregivers. (Department of Planning Services)
3. 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)
4. The property owner shall control noxious weeds on the site. (Department of Public Works)
5. 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)
6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
7. 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)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
10. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining
to Onsite Waste Water Treatment Systems. (Department of Public Health and Environment)
11. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
12. 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.
13. 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.
14. 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.
15. 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.
RESOLUTION USR18-0014
VALLEY OAK. DRIVE, LLC, C/O TROY & DAWNA ARMSTRONG
PAGE 6
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.
16. 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.
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.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 19. 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 Vice -
Chair, Gene Stille, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Absent: Terry Cross. Bruce Sparrow, Jordan Jemiola.
Also Present: Kim Ogle, Chris Gathman and Michael Hall. 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
CASE NUMBER.
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR18-0014
VALLEY OAK DRIVE LLC, C/O TROY & DAWNA ARMSTRONG
MICHAEL HALL
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE-
FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT 8 JB ACRES 3RD FILING, BEING PART OF SECTION 33, T6N, R66W OF
THE 6TH P M , WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO N 66TH AVENUE: APPROXIMATELY 0.13
MILES NORTH OF C STREET.
Michael Hall, Planning Services, presented Case USR18-0014, reading the recommendation and
comments into the record. Mr. Hall noted that 14 letters were received in opposition to this request outlining
concerns with lowering property values, changing the neighborhood single-family residential dynamic and
that the use is not compatible with the overall character of the neighborhood. The Department of Planning
Services recommends approval of this application with the attached conditions of approval and
development standards.
Commissioner Johnson asked if there is an active HOA. Mr. Hall said he is not aware if there is an HOA.
Commissioner Ford asked if JB Acres was intended to be a single-family residences or multi -family
residences. Mr. Hall said that at the time it was platted in 1970 it was not called out either way. He added
that it was just zoned as an agricultural subdivision but has been functioning as a single-family residence
since then. Mr. Hall added that the agricultural zone district does allow second homes.
Commissioner Ford asked if the conditions of the USR would go away when the mother-in-law would pass
away. Mr. Hall replied no because the USR runs with the land and the second home is allowed to be used
as a rental.
Hayley Balzano. Public Works, reported on the existing traffic, access to the site and 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.
Commissioner Stille said that North Weld County Water District has frozen all applications for second
homes and asked what the status is for this request. Mr. Hall said that in the North Weld County Water
District Referral dated October 23. 2017 they stated that there are no concerns for the existing meter to be
used for the second home. Mr. Stille asked Staff to check on the status before the Board of County
Commissioner hearing.
Commissioner Cope stated that he knows and has worked with the applicants: however, he has not worked
on this project and feels that he can be impartial on this project. Mr. Choate asked Mr. Cope if he has
1
received any financial gain from the applicants. Mr. Cope said that he has not received and will not receive
any financial gain.
Troy Armstrong, 3001 Valley Oak Drive, Loveland, Colorado, stated that his mother-in-law has lived in the
existing home for the past 23 years and added that they have helped maintain the property for the last 23
years. Mr. Armstrong said that their intention is to care for her but to let her live independently as long as
they can. He added that they plan to build a shop with an apartment attached to it. He emphasized that
they have no desire to rent the apartment to anyone and stated that the building will be a metal building to
look like a shop and not have a residential appearance.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Bill Gotchey, 595 N 66th Avenue, stated that they have no problem with the shop but they have concerns
with the apartment. Mr. Gotchey said that one of the neighbors was denied the same request years ago
and it doesn't seem equitable that they were not allowed to do it.
John Agens, 502 N 66th Avenue, stated that if this is approved then more will do the same.
Ilene Doty, 407 N 67th Avenue, stated that she doesn't understand why a rental would be allowed.
Commissioner Ford asked if the situation was reversed and Ms. Doty's children would like to build a house
on her property so she could remain in the house, would she feel differently. Ms. Doty replied no.
Tim Gideon, 403 N 66th Avenue, stated that he doesn't want to see the start of second homes in this
subdivision.
Gary Davies, 592 N 66th Avenue, said that he has the same thoughts that it will start a precedence of
building second homes in the neighborhood. He is also concerned that it will become a rental property in
the future.
Nader Ghaffarvand, 400 N 66th Avenue, said that this is a hard situation. He said if there are stipulations
that when the mother passes that the apartment will no longer exist. He asked the Planning Commission
to consider the history of the subdivision.
Tim Thissen, 600 N 71St Avenue, understands taking care of family but doesn't believe that a stipulation
can be placed because the apartment is permanent. He added that this is a quiet and private community
and doesn't want to see that disturbed.
The Chair asked the applicants if they will live in the house. Mr. Armstrong said that the mother-in-law will
live in the house and added that they will most likely renovate the home after the mother-in-law is no longer
there. He has no intention of renting the apartment after it is vacant and added that he wouldn't mind that
a restriction be placed of not renting it as long as it's a family member. Mr. Armstrong said that they intend
to take care of his mother-in-law and his parents after that. He said it is a family situation.
Commissioner Johnson asked if they can put a stipulation on it. Bob Choate, County Attorney, stated that
if the Planning Commission feels that if something needs to be added to the Resolution to address the
compatibility issues that have been brought to their attention, he recommended to limit it to the use by
family members and caregivers.
Commissioner Wailes didn't think the restriction should be placed as he doesn't like to tell people what they
can do with their property. Commissioner Ford disagreed and feels that if they don't limit this it will set a
precedence. Mr. Wailes emphasized that a positive outcome of this application isn't setting a precedence
or opening a door to anything as there is a procedure that exists for this. He is concerned by placing limits
that they are telling people what they can or cannot do with their private property. Commissioner Stille said
that he feels by placing the restriction it would satisfy the community.
Mr. Choate suggested adding a new Development Standard 2 to read "The second home shall be restricted
to family and caregivers".
2
Motion: Add new Development Standard 2, as recommended by Staff, Moved by Bruce Johnson,
Seconded by Lonnie Ford.
Vote: Motion passed (summary: Yes = 4, No = 2, Abstain = 0).
Yes: Bruce Johnson, Gene Stille, Lonnie Ford, Richard Beck.
No: Michael Wailes, Tom Cope.
Commissioner Cope stated that he has been consistent with the request for second homes. He added that
he feels for the applicants but he wants to remain consistent. He feels that the subdivisions are platted as
single-family unit developments and they are intended to be that way. He added that if someone wants to
add a second home then the subdivision should be replatted.
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 Ford agreed with Mr. Cope and believes that subdivisions are for single-family homes. He
understands the circumstance of wanting to help their mother and it is more agreeable to him with the way
it is presented by building a shop with an apartment instead of a separate house planned.
Commissioner Johnson agreed with Mr. Cope as well and said that by adding this standard it presents
another option to the applicant to present to the Board of County Commissioners.
Motion: Forward Case USR18-0014 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 Tom Cope, Seconded by Richard Beck.
Vote: Motion failed (summary: Yes = 3, No = 3, Abstain = 0).
Yes: Bruce Johnson, Richard Beck, Tom Cope.
No: Gene Stille, Lonnie Ford, Michael Wailes.
Commissioner Johnson said that subdivisions are subdivisions and it is obvious by the neighbors that it is
not compatible with what they think their neighborhood should be.
Mr. Choate stated that the motion failed as it was a tie vote.
Motion: Forward Case USR18-0014 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
Approval, Moved by Michael Wailes, Seconded by Gene Stille.
Vote: Motion failed (summary: Yes = 3, No = 3, Abstain = 0).
Yes: Gene Stille, Lonnie Ford, Michael Wailes.
No: Bruce Johnson, Richard Beck, Tom Cope.
Mr. Choate stated that the motion failed again. He added that the Resolution will reflect the tie vote on the
referral to the Board of County Commissioners who will make the final determination.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 3:18 pm.
Respectfully submitted,
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Kristine Ranslem
Secretary
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