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HomeMy WebLinkAbout20163360.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Terry Cross. 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 16-0033 JOHN & HOLLIS REVARD CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (STORAGE OF ELECTRICAL EQUIPMENT IN AN EXISTING BUILDING ALONG WITH AN OFFICE AND PARKING AND STAGING OF COMMERCIAL VEHICLES ASSOCIATED WITH THE ELECTRICAL BUSINESS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A(AGRICULTURAL) ZONE DISTRICT LOT B REC EXEMPT RE -1283, PART SE4SE4 SECTION 29, T6N. R65W OF THE 6TH P M., WELD COUNTY, COLORADO WEST OF AND ADJACENT TO CR 41 AND APPROXIMATELY 460 FEET NORTH OF O STREET (CR 64) be recommended favorably to the Board of County Commissioners for the following reasons 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.B.2 A.Policy 2 2 states "Allow commercial and industrial uses. which are directly related to or dependent upon agriculture, to locate within agricultural areas when the impact to surrounding properties is minimal or mitigated and where adequate services and infrastructure are currently available or reasonably obtainable These commercial and industrial uses should be encouraged to locate in areas that minimize the removal of agricultural land from production." The Development Standards (such as noise limits), and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region B Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.S allows for Any use permitted as a use by right, an accessory use, or a Use by Special Review in the Commercial or Industrial zone districts provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in 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. Single-family residences are located to the north and south and southwest of the property and an existing ditch is located to the west of the site. The impacts on adjacent properties will be limited as traffic to the site will be minimal, the majority of storage will be located in the building and a total of only 3 work trailers would be occasionally parked/stored on the site to the west of the storage building. Ca QJI,� RESOLUTION USR16-0033 JOHN & HOLLIS REVARD PAGE 2 Development Standards will limit noise on the site and prohibit parking and staging of vehicles on county roads to mitigate impacts and ensure compatibility with the surrounding area No phone calls or correspondence from surrounding property owners has been received regarding this case. 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 August 30, 2016 provided comments/recommendations regarding landscaping, screening, lighting and setbacks. The referral also mentioned a proposed 100 -foot right of way (50 -feet from centerline) for County Road 41 per the City of Greeley 2035 Comprehensive Plan. Comments from the City of Greeley are attached as an attempt to address condition of approval E Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and XI. of the Weld County Code A portion of the site (outside of the developed area of the property) is located in a floodplain. 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 proposed facility is located on approximately 5.85 acres delineated as "Other" on the northern 2/3 of the site and "Prime" on the southern 1/3 of the site per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The property is covered with existing buildings and no 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. 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. The Planning Commission recommendation for approval is conditional upon the following 1. Prior to recording the plat A The applicant shall attempt to address the comments of the City of Greeley. As stated in their referral dated August 30, 2016 Written evidence of such shall be submitted to the Department of Planning Services (City of Greeley) RESOLUTION USR16-0033 JOHN & HOLLIS REVARD PAGE 3 B If the parking of vehicles is located in the floodplain an exit plan is required (Department of Planning Services - Floodplain) C The plat shall be amended to delineate the following. 1 All sheets of the map shall be labeled USR16-0033. (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 The applicant shall delineate on the map 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) 5 The map shall delineate the lighting. (Department of Planning Services) 6 County Road 41 is a paved road and is designated on the Weld County Road Classification Plan 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 (AP16-00453), and the appropriate turning radii on the site plan_ (Department of Public Works) 8 The applicant shall show the drainage flow arrows. (Department of Planning Services - Engineer) 9 Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Planning Services -Engineer) 10. Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. (Department of Planning Services) 1 1 _ Show and label the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number. (Department of Planning Services - Floodplain) 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 plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services_ The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat 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 plat 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) RESOLUTION USR16-0033 JOHN & HOLLIS REVARD PAGE 4 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 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 Cheryilyn Barringer VOTE: For Passage Bruce Johnson Bruce Sparrow Cherilyn Barringer Jordan Jemiola Joyce Smock Michael Wailes Terry Cross Gene Stifle Against Passage Abstain Tom Cope 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 October 18. 2016. Dated the 18' of October. 2016 Digitally signed by Kristine Ranslem Date: 2016.10.20 11:37:14 -06'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Revard USR16-0033 A Site Specific Development Plan and Use by Special Review Permit. USR16-0033, for any use permitted as a Use by Right. an Accessory Use, or a Use by Special Review in the Commercial or industrial zone districts (storage of electrical equipment in an existing building along with an office and parking and staging of commercial vehicles associated with the electrical business). provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts 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 total number of employees shall be 10. (Department of Planning Services) 4. A maximum of three (3) work trailers associated with the business shall be parked/stored outside on the site at any one time. (Department of Planning Services) 5. Hours of operation (hours that employees arrive and leave from the site) shall be from 7:30 AM to 5:30 PM The office in the shop building can operate outside of these hours. (Department of Planning Services) 6. The parking area on the site shall be maintained (Department of Planning Services) 7. 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) 8. 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) 9. 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) 10. 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) 11. 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) 12. 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) 13. 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 licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) RESOLUTION USR16-0033 JOHN & HOLLIS REVARD PAGE 6 14. Prior to utilizing the existing septic system permitted as SP -9900093 for business use. the 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) 15. 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) 16. 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) 17 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) 18. The property owner shall control noxious weeds on the site. (Department of Public Works) 19. 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) 20. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 21. The historical flow patterns and runoff amounts on the site will be maintained (Department of Planning Services - Engineer) 22. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #08123C -1533E effective date January 20. 2016 (St. Vrain Creek Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59. 60. and 65 The FEMA definition of development is any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures. mining. dredging, filling. grading. paving, excavation. drilling operations. or storage of equipment and materials. (Department of Planning Services - Floodplain) 23. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. (Department of Planning Services - Floodplain) 24. No outdoor storage of floatables is allowed in the floodplain (Department of Planning Services — Floodplain) 25. Building permits may 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 RESOLUTION USR16-0033 JOHN & HOLLIS REVARD PAGE 7 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 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. RESOLUTION USR16-0033 JOHN & HOLLIS REVARD PAGE 8 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. a?0,VIA\P-IddecS SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. October 18, 2016 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, Bruce Sparrow, at 12:30 pm. Roll Call. Present: Bruce Johnson. Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross. Tom Cope_ Also Present. Chris Gathman and Diana Aungst. Department of Planning Services: Hayley Balzano. Department of Planning Services — Engineering Division: Lauren Light. Department of Health: Evan Pinkham. Public Works: Bob Choate, County Attorney. and Kris Ranslem. Secretary. Motion Approve the October 4, 2016 Weld County Planning Commission minutes. Moved by Bruce Johnson. Seconded by Joyce Smock. Motion passed unanimously. CASE NUMBER. USR16-0033 APPLICANT JOHN & HOLLIS REVARD PLANNER CHRIS GATHMAN REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT_ AN ACCESSORY USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (STORAGE OF ELECTRICAL EQUIPMENT IN AN EXISTING BUILDING ALONG WITH AN OFFICE AND PARKING AND STAGING OF COMMERCIAL VEHICLES ASSOCIATED WITH THE ELECTRICAL BUSINESS), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A(AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION LOT B REC EXEMPT RE -1283: PART SE4SE4 SECTION 29. T6N. R65W OF THE 6TH P M.. WELD COUNTY, COLORADO LOCATION WEST OF AND ADJACENT TO CR 41 AND APPROXIMATELY 460 FEET NORTH OF O STREET (CR 64) Chris Gathman, Planning Services, presented Case USR16-0033, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards_ Mr. Gathman indicated that specific development standards are proposed limiting hours of operation, limiting the number of trailers stored on - site and limiting the total number of employees due to the proximity to and shared driveway with the neighboring residence to the south. Tom Cope stated that he worked on this site originally and has worked with the applicant on this property: therefore he wishes to abstain from this case. Evan Pinkham, Public Works. reported on the existing traffic and access to the site. Hayley Balzano, Engineering. 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. Hollis Revard. 31099 CR 41. stated that she is a widow and wanted to rent out her shop She added that the tenant is an electrical company, however the company will be using the shop to store materials. Ms. Revard said that there are currently two (2) employees: however they requested six (6) employees just to have some flexibility. 1 Commissioner Barringer asked the applicant if she lives on the property. Mr Revard replied that she does live on the property. Commissioner wished to clarify if the applicant is requesting six or ten employees. Mr. Gathman said that the application stated six (6) employees with the potential of up to ten (10) employees. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Jason Law, 31091 CR 41. stated that he lives south of the site and shares the same access. He inquired if the zoning is proposed to be commercial or if it is just to allow this tenant to rent the shop He said that if it is just meant for storage or low volume traffic then he doesn't have a concern with it However he expressed concern with his children's safety if it becomes more of an impact. Commissioner Sparrow asked if traffic is restricted. Mr. Gathman said there are no limits regarding traffic numbers: however the number of employees and the storage items on site are limited. Mr. Gathman said that the application states six (6) employees with the potential to expand up to ten (10) employees. He suggested that a lower limit on the number of employees may be considered. Ms. Revard said that she has talked a lot to her neighbor. She is aware of Mr. Law's concern with his children and said that they like to come over to her property. She said that the tenants are also very aware of the children and have been very careful when arriving and leaving the property. She added that there will be no outdoor storage except for three (3) trailers. The Chair asked the applicant if she has read through the Development Standards and Conditions of Approval and if she is in agreement with those. The applicant replied that she is in agreement. Motion: Forward Case USR16-0033 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 Terry Cross. Seconded by Cherilyn Barringer. VOTE: MOTION PASSED (SUMMARY: YES = 8, NO = 0. ABSTAIN = 1). YES: BRUCE JOHNSON, BRUCE SPARROW, CHERILYN BARRINGER. GENE STILLE, JORDAN JEMIOLA, JOYCE SMOCK, MICHAEL WAILES, TERRY CROSS. ABSTAIN: TOM COPE. Meeting adjourned at 1 26 pm Respectfully submitted. 43.12-46111---. tt9Aneth:Aet, Kristine Ranslem Secretary Digitally signed by Kristine Ranslem Date: 2016.10.20 10:46:21 -06'00' 2 Hello