MINUTES OF THE CHURCHILL COUNTY BOARD OF COUNTY COMMISSIONERS 155 No. Taylor Street, Suite 145 Fallon, Nevada 02 August 2007 CALL TO ORDER The regular meeting of the Churchill County Board of Commissioners was called to order at 8:15 a.m. on the above date by Chairperson Washburn. PRESENT: Gwen Washburn, Chairperson Norm Frey, Commissioneri9' Lynn Pearce, Commissioner Brad Goetsch, County Manager Rusty Jardine, Deputy District Attorney Kelly G. Helton, Clerk of the Board ABSENT: Alan Kalt, Comptroller Pledge of Allegiance It was verified that the agenda for this meeting was posted in accordance with NRS 241. ACTION ITEMS AGENDA Commissioner Frey made a motion to approve the agenda as submitted. Commissioner Pearce seconded the motion, which carried by unanimous vote. MINUTES Commissioner Pearce made a motion to approve the minutes of the regularly scheduled meeting of July 18, 2007 as submitted. Commissioner Frey seconded the motion, which carried by unanimous vote. PUBLIC COMMENTS Chairperson Washburn inquired if there were any public comments on issues that were not listed on the agenda. There were none. APPOINTMENTS THE BOARD MAY REQUIRE THE PROVISION OF AN OATH OR AFFIRMATION BY ANY PERSON PROVIDING ORAL TESTIMONY AT A PUBLIC HEARING. Public Hearing ­ Consideration and possible action re: Awarding of bid for purchase a new 4 wheel drive SUV/Crossover vehicle for the Juvenile Probation Department, De Vere Karlson, Chief Juvenile Probation Officer. th De Vere Karlson, Chief Juvenile Probation Officer, reported that on July 5 , the Board of County Commissioners granted permission for the Chief of the Churchill County Juvenile Probation Department th to go out for bid for a new 4wheel drive SUV/Crossover vehicle. Bids were reviewed on July 27 by a committee, which included the Chief Juvenile Probation Officer. Two bid packets were received from Jetway Chevrolet and Fallon Auto Mall, including 6 vehicles that were bid. They are looking for a 4 wheel drive vehicle that can safely transport at least 3 youth to Douglas County, Stateline and other long distance places. The lowest bid was $21,209.25 and the highest was $25,488.25. There were a variety of vehicles bid, which were summarized on a handout provided to the board. Most of the vehicles met the qualifications but the concern she had on the majority of vehicles was the size of the back seat (the Trailblazer and Ford Escape would not fit more than 2 juveniles in the back seat comfortably). The Ford Explorer would seat 3 juveniles, as would the Dodge Nitro. The other considerations were then weighed to award the bid. The committee recommends the 2007 Ford Nitro because it provides the best gas mileage, a larger storage area in the back, it is currently in stock and available for delivery, and has a tow package, which would be beneficial to their department for the Wilderness Program. The 2007 Dodge Nitro is slightly higher in price at $23,408.25 but is still below the budgeted amount of $27,500 and is in the midrange of the vehicles bid. 02 August 2007 Commissioner Pearce asked Deputy District Attorney Jardine to review the rules governing the bid procedure pertaining to accepting something other than the lowest bid. Deputy District Attorney Jardine said the applicable rules associated with the bid process relate to responsiveness of the bid and responsibility associated with that. Responsiveness is that aspect of the bidding process that allows this board to examine all of the possibilities here and to take into consideration all aspects associated with it. Within the rubric of responsiveness, you have the ability to look at all factors and weigh them appropriately. Chairperson Washburn said that all of the bids are very close and are under the approved budget amount and the department head knows the needs of the department better than anyone. She said that the board has made her department get by before so, if we have the opportunity to better fit the departmental needs, she supports the recommendation. Commissioner Pearce agreed and he wanted to have the record reflect the authority for accepting something other than the lowest bid. It is an advantage to more comfortably seat 5 people and of having the vehicle in stock and ready for delivery, together with the towing package that is available and will be beneficial to the department. Commissioner Frey made a motion to approve the purchase of one (1) new 2007 Dodge Nitro 4wheel drive SUV/Crossover vehicle for the Juvenile Probation Department per the recommendation of the bid selection committee in the amount of $23,408.25 from Fallon Auto Mall. Commissioner Pearce seconded the motion, which carried by unanimous vote. Public Hearing ­ Consideration and possible action re: Appeal filed by Jef & Karen Horne for the Planning Commission's denial of a Special Use Permit to operate a dance studio as a home occupation at 775 Gummow Drive, Fallon, NV, APN: 01009203. Planning Director Eleanor Lockwood said that copies of the Jef and Karen Horne Special Use Permit application, the staff report, and the minutes of the Planning Commission meeting were provided in the Commissioners' packets. The primary concerns raised by adjoining property owners at the public hearing included: · The commercial nature of the proposed use and incompatibility (noise, traffic, dust, water and sewer, parking and lighting) with the existing residential neighborhood. · Site development standards that would normally be imposed if this was developed in a commercial zoning district abutting a residential area since this is a home occupation would these standards be imposed to protect adjoining residences? · The existence of a second septic tank and concerns if this was proposed to be used for the dance studio. The Planning Commission deliberation identified the following: · The size and shape of the proposed dance studio was not compatible with the existing residential neighborhood. · The proposed number of classes and numbers of students would over burden a domestic septic system. · Insulation to minimize excessive sound and or a sound barrier should be provided to ensure neighbors would not be impacted. At the Planning Commission meeting a motion for approval of the Special Use Permit included the following conditions: · Inspection of the septic system and the design of an engineered septic system to ensure it's large enough for both buildings. · Acquisition of a building permit from the Churchill County Building Department. · Acquisition of a business license. · Inspection by the Fire Marshal. · Removal of storage building on south side of existing house to allow access to the west side of the parcel without using the TCID easement. 02 August 2007 · Acquisition of a dust control permit during construction of the new building. · Compliance with any sign regulations should a sign be erected in the future. · Construction of a privacy fence. · Compliance with Churchill County Code. The decision failed by a 34 vote. Planning Director Lockwood said that the Planning Commission must make positive findings of fact in favor of an applicant for a Special Use Permit (SUP) and must determine the compatibility of the proposed use with the surrounding area. In this particular circumstance, the surrounding area is single family residential, although there is some commercial activity south on Gummow Drive as identified on the overhead map. The Planning Commission reviewed this application at a public hearing. The primary concerns raised by some of the residents in the area was that the proposed use would bring dust, traffic, noise and some glare from lighting that would be incompatible with the singlefamily residential uses in the proposed area. There were pros and cons for this proposal. Some Planning Commission members felt that if the dance studio was designed correctly in accordance with Churchill County Codes, sound installation standards were installed and, a sound wall or privacy fence was constructed, that they proposed that this use could be compatible with the surrounding area. However, some of the Planning Commission members felt that because of the size of the dance studio, the number of classes proposed throughout the week, that the traffic and the use of the property in that area, which is primarily single family residential, was not compatible with the surrounding area. The appeal filed is against the Planning Commissions' decision to deny the dance studio at this location. Jenny Lumos of Lumos & Associates said that she was present at the Planning Commission meeting where the application for a SUP was heard. She was present at that meeting for another project but they contacted Mr. Horne to suggest that he provide additional information, which they felt would have altered the decision of the Planning Commission. They ultimately offered their assistance to him in bringing this appeal but they were not part of the original application. She provided the board with a site plan for review. There were a couple of changes to the layout based on testimony and comments at the Planning Commission public hearing. They propose to have a 6 foot solid fence along the northern property boundary. They propose some fencing along the western property boundary and a 3 or 4 foot fence along the TCID easement to provide separation to keep the children away from the ditch. The dance studio is 4,000 square feet in size. The map depicts a grade gravel road for the travel way and a layout for parking spaces. They are not proposing that this will necessarily be the parking lot but wanted to show the capacity for available parking spaces. There is a 20' driveway from Gummow to the back of the property. She spoke to the Fire Marshal, who proposed the dimensions for a hammer head turn around. This would provide access for emergency vehicles. Another large concern raised at the public meeting was the placement of 2 septic systems. Since that meeting, one septic behind the primary dwelling has been abandoned. If this dance studio is allowed, they are proposing to install an engineered septic system that would have the capacity to handle both the primary residence and the dance studio. There was some concerns regarding the separation and the minimum state requirements. The design would have to be completed by an engineer and approved by the state, so those state regulations would ensure proper separation requirements are met. Another concern was the friction zones when you have commercial uses next to singlefamily residential. They are proposing a home occupation and the map shows friction zones of 100' from a commercial building to a residential building. They have drawn on the map that radius to depict and to show that they can meet the development standards and treat the building as a commercial venture. The grade gravel road, which will function as a driveway to the back of the property will not create significant dust. The dance studio will have 2 rooms for dancing. The design would have to provide sound insulation to prevent the sound from one room carrying into the other. The dance studio is currently operating inside the City limits and they are operating without complaint in a much higher density area. Members of the Horne's family met with residents at the current location and only one neighbor said they could hear the music and they actually went into their backyard to listen to the music. 02 August 2007 So, they found absolutely no complaints from their neighbors and the building was built perhaps 60 or more years ago before the building regulations were in effect. It is their belief that this application meets the findings of fact for the SUP. There are commercial uses in the area, including the Golf Course and storage sheds. Chairperson Washburn opened the matter for public comment. Clerk/Treasurer Helton administered the oath to the citizens who were present to present testimony. Chairperson Washburn asked, in the interest of time, that citizens not speak if the issue they wanted to address has been previously covered by someone else. Becky Schelling said her daughter has danced for 10 years at the studio. Each year they have had to sign a registration packet, which included a clearly stated parking restriction and rules for the studio clients to follow at his current location. He has always maintained that he does not want his clients to obstruct the houses nearby or to block the streets or intersection. Everyone is clear on what is expected of them. She picks up her daughter and cannot hear anything from the parking lot. The music is never loud and she has only occasionally been able to hear any noise. Mr. Horne has always showed concern for his neighbors and would address any concerns with his clients. Mr. Horne teaches dance because he has a passion for dance. She doesn't want to lose that for our community. We need to allow this dance studio in our community. We have many opportunities for children to participate in sports and we have school facilities but we do not a lot of dance studios. We have only one dance studio, which is run by 2 wonderful passionate people who want to teach dance. The children love being there and love to dance and all children are afforded the opportunity to dance, regardless of ability. They know that the concerns of the neighbors would be heard and addressed by Mr. Horne. Pat Whitten said she lives around the corner from the proposed studio. She apologized for not sending in her comments when first notified of the matter. She came today because she was curious as to why the application was denied. She has lived in the area for 30 years and the most dust generated in the area is when TCID drives down the road checking the ditch. They would love to have a new septic system in the area and it sounds like these people are going to do it. That area has a high water table so all residents are concerned and take care of their septic systems and leach lines. People who move into the area are informed of the high water table and the fact that they may have to replace their leach lines in the future. Residents also take care of the wells. She works with kids and has always subscribed to the motto of encouraging our children, not discouraging them. This dance studio provides another positive th option for kids. She has no problem with this dance studio being located in the area. She is the 5 home on York Lane from Gummow Drive. She worries more about the traffic than the noise. She expressed her hope that the board reconsider this application and allow it. Julie Dolan said she has a daughter who dances at the studio. She wanted to talk about what dance brings to a child's life. The students learn more than dance or art. Studies show that dance is very beneficial physically, mentally and emotionally. As an elementary school teacher, she is able to view the benefits of dance in her students in her classroom. A few of the physical benefits include: coordination, balance, control, flexibility, posture, grace, growth in small and large motor skills, body strength, physical fitness, rhythm and timing. Mental benefits include: selfconfidence, selfcontrol, memorization skills, following directions, lengthened attention span, concentration, problem solving skills, understanding of patterns, direction, sequencing, time and energy. The students learn a sense of teamwork, body awareness, spatial concepts, discipline, commitment and a strong work ethic. Socially students learn: classroom etiquette, following instructions, patience, interacting with peers, sharing, respecting others, taking turns, waiting in line, leadership, and building friendships. The Horne's provide a safe place for these children to grow and express who they are. She feels that dance is just as important to the children in this community as is baseball and football. She asked that the board allow this couple, who is committed to developing all of the attributes she mentioned and more, to continue to provide quality dance instruction in a nurturing and positive environment. Brody Lewis said that he has been talking to Mr. and Mrs. Horne and if this project is approved, he would be the contractor to build the studio. He has noticed with them, as they've talked, not only do they have a passion for teaching children dance, along with many other attributes and traits, but they are 02 August 2007 also good to work with and are willing to comply with regulations and codes. When they discovered that there were some problems with their property, their attitude was to fix those things. Eric Olsen said his daughter is here but doesn't want to talk. She has been dancing at the studio for 4 years. They had never been involved with this kind of activity before but he echoed the comments about the passion that Mr. and Mrs. Horne have for teaching dance and it is not just a job to them. He said that his daughter is a better person because of dance and she has no desire to stop dancing. It has been a very positive influence in her life. He said that he does not believe that dust will be an issue because the parents drive very slowly because of the children. He said he would appreciate it if the board would consider approving this use as it is the only dance opportunity in our community. Seth Price said his family has lived here for 11 years and he has been tap dancing for 9 years. His teacher is Carol Sinclair, who is one of the best teachers. He has also taken Jazz dance lessons from Mr. Horne, who was also a great teacher. He has been able to make so many friends through dance. He wants to keep dancing because he loves it and will do any kind of dancing but he prefers tap dancing. It is amazing to watch the students dance and he loves to perform for people. Dance is a confidence builder for anyone who participates. When he first learned that the SUP application had been denied, he couldn't believe that someone would shut down something that helps so many children and so many children want to dance. He asked the board to reconsider and allow this use. He feels that it will be one of the best things to happen to those who dance and will afford the community the opportunity to continue to enjoy their performances. Carol Sinclair said she is the teacher for Seth. She has been teaching since the studio started 16 years ago. Mr. and Mrs. Horne are wonderful people and love the children, as she does. Dance is a necessary art in this community. Some children are good at education, some are good in education and the arts, and some are just good in the arts. This opportunity to dance gives the children the self confidence they need to grow. It is extremely important. She has taken children from the beginning and they have been able to witness their selfconfidence soar. It is extremely important to have a good arts program in this community and asked the board to reconsider and allow the dance studio to move forward. Jane Moon said she was raised in Fallon and later left for college and careers in other places. Her family returned 4 years ago with their daughter, who has been dancing for 4 years. Coming back to Fallon was a family decision because they wanted a good school district and opportunities for their children. Dance is the opportunity that brings culture and nurtures children in the arts. We need to start with the kids. If we want to bring beauty to our community, we must start with our kids. As far as bringing quality and attracting quality of life, this dance studio really adds to that and brings beauty to our county. It would behoove our county to keep this in our community so she asked that the board give consideration and thought to this decision. Ken Wiltz said he is the adjoining property owner. He applauded the board for the good work they do for our community. He said he is not opposed to having the dance studio in his area and he recognizes that our children need and benefit by having the dance studio in our community. He wants the record to be clear that he has no qualms with this couple or this business. Obviously, they have done a good job in our community and he hopes they have the opportunity to continue. He feels it would be good for the children and we need it in our community. He applauded the board's vision and foresight and all of the Churchill County employees who courteously and efficiently helped him through his questions concerning this proposal. He said that the employees show a very impressive work ethic. The decisions made command respect in this county. When the county releases the 2010 Updated Master Plan, he hopes that the decision made here today is confirmed to be a wise one. With regard to the International Fire Codes, which provide for the safety for our fire fighters and equipment by the minimum 20 foot safety zone standard, with that established in the 25' TCID easement, the basic math reveals that the footprint of the building barely fits on the property. By the 25' easement, we are basically taking a .97 acre of property and cutting it back to ¾ of an acre and then throwing a building of 4,000 square feet on the property. He echoes the Planning Commissioner's thought that this is a great idea but the wrong location. The proposed use will directly impact the adjoining neighbors, 02 August 2007 including himself, and his enjoyment of peace and tranquility in his back yard. He must ask if there is any compensation for the loss of this privacy and tranquility. The answer seems to be a resounding "no". Based upon the codes which govern this type of permit, Churchill County Code 16.08.160(d), a dance studio is not listed as a permitted use in that section. Member Lammel of the Planning Commission felt this use was stretching the intent of a homebased business. Member Simms stated that it would have a negative impact to the neighbors. He asked when the negative impact would cease or would it ever cease? He said it has had a negative impact from the beginning with regard to his time. He wanted to reiterate what Member Lammel said that he sees it both ways because he does also ­ it is a good idea but is the wrong location. He said he disagrees with Member Richardson who felt that the application met the criteria of the codes. He feels it is in violation of 16.08.160 regarding the minimum lot requirement. This zoning district is intended to provide for development of sites with water and sewer utilities provided by the county and for 1 acre lot sizes if no facilities are provided. This particular property is less with the easement factored in, which cuts out about 9,000 square feet. There seems to be a lot of commercial land available in this community. He wondered why these owners are contemplating squeezing this building onto a very small lot, plus increasing the traffic on Gummow. The traffic will only get heavier. The Planning Commission has already stated that this is a good idea but the wrong location and denied the request. The Minutes of the Planning Commission show the deliberation of the Planning Commission regarding the size and shape of the dance studio is not compatible with the existing residential neighborhood. It is not his intent to secondguess or override the Planning Commission's denial. With regard to his protective covenant building agreement, which he signed 92189, this document led him to believe the Master Plan assured a quiet neighborhood. In the future, all land owners will face death and all real estate will change hands, so we can only speculate what may transpire with a building of this nature at a future point in time. He wants to be assured a quiet neighborhood. He asked the board to consider that on approval of this permit, 16.16.020(4)(3) be included to minimize the impact of construction, sound, dust etc. when construction takes place. He asked that a sound barrier be erected prior to excavation so that the dust doesn't blow onto his lot. His only protection are the codes and he asked that the codes be employed. He asked the Chair if he would be allowed to address any testimony later. Chairperson Washburn said that once the public comment period is closed, the deliberation will only be open to the board at that time so he needed to make all of his comments now. Mr. Wiltz asked that the sound insulation be held at R19 as recommended in Churchill County Code 16.08.070. With respect to the Master Plan, he suggested that a more suitable site is available for business of this nature. Without the opportunity to speak again during the board's deliberation, he only hopes that he has covered everything. He asked if this is the best location within the boundaries of our county. If it is, in light of the invasion of privacy, operating from 10:00 a.m. to 8:00 p.m., 67 days a week for life will change that neighborhood. He can only ask for the board's best protection and enforcement of the codes offered in 16.16.020(4)(3) concerning buffers. He proposed that this be adapted to ensure the integrity of the neighborhood. He thanked the board for the time to speak and again expressed his belief that the board is doing a good job in this community. Cheryl Jackson said she has known Mr. and Mrs. Horne for a number of years and waited to speak because she wanted to hear the neighbor's comments and concerns. She read everything available on the website as to his concerns addressed today. Ms. Schelling said most everything she wanted to say, except the following. In her employment with a title company, she is used to picking up documents that were recorded 20 or 30 years ago in this county. During that time, the picture of the property may have changed. She realizes that CC&Rs are put in place to benefit a neighborhood and now whenever CC&Rs are put into effect, there is usually a provision that provides that a certain percentage of a neighborhood may vote to allow a variance or change to the neighborhood. If the remainder of the people in the area do not agree, the majority still rules. She is thankful for that because she would hate to think that we who live in the United States of America would still be living under the original Bill of Rights and Constitution without the ability to make amendments. She feels that a lot of positive arguments have 02 August 2007 been made to reassure those that have concerns that those will be addressed. Many comments have been made about Jef & Karen and how they love dance and are dedicated to dance. They are also dedicated to children and people in general. They are very loving people and as has been said, they will go out of their way to address concerns so that their neighbor's peace and quiet would not be disturbed. Her experience in the past both by participating in classes at the current location within a highlydense population, that building was not built all those years ago to address noise concerns as buildings are done at this time. The new studio would be built with all of those standards. The purpose for variances are in place so that we do not have to live by very rigid guidelines that were put in place 20 years ago. These variances allow for decisions to be made for positive changes that would benefit a greater number in our community. She feels that this dance studio would benefit a greater number in the community and, although there may be alternative sites available, financially it may not be something that Mr. and Mrs. Horne could manage. They own this property so it is a matter of building the dance studio on property they already own. If they had to acquire property and build, we may see them moving out of the area and this opportunity would be missed. Matthew Lewis said the main issue he wanted to address is the proposed location. There has been a little bit of discussion that there is not a whole lot of commercial property in that area but there are a number of them, some north and some south. If you compare that with their current location on Esmeralda, there is no commercial property in that area. The closest thing is a church and the Cottage Schools. In surveying the surrounding neighborhood there, the neighbors of the studio view it as an asset to the neighborhood and desirable. There were no complaints with the business being operated there. That is an important factor to consider. From the back of the studio to the nearest residence, it is probably well within 50 feet but is probably closer to 1020 feet. His Dad, as a boy, attended church in this building so he knows that the building was built maybe 60 years ago. The buildings were not built the way they are now so the fact that they are able to operate without any complaints about noise is remarkable. It is important to note that neighbors view the business as an asset and something that is desirable to have and remain in our community. The concern about headlight glare would be more of a concern with the Golf Course already in the area. Further, he believes there is a 700 home development going in north of Gummow Drive so the traffic associated with the dance studio is minimal in comparison to the 700 home development that will utilize Gummow. He thinks it is much more of a commercial area than where the dance studio is currently located. The current neighbors of the studio are very defensive of the studio and they really like having it in their neighborhood. The building just is not up to par for the needs of the studio at this point. He believes that in the end it is a great location and that it will have minimal impact on the area. He also believes that the neighbors in this new location will, in the end, view it as an asset in their neighborhood as well. This business brings in good people and is the type of structure that people gravitate toward as opposed to away from. He asked that these factors be looked at a little more closely and understand that the current neighbors like the studio. We are dealing with the matter of reality versus perception. The perception is that people tend to think of a studio more like a night club but that is not what we are talking about. We are talking about a place that is good for the community and that will be an asset to the neighborhood. Chairperson Washburn closed public comment and opened deliberation to the board. Commissioner Pearce said he has lived on Gummow for over 50 years so he is well acquainted with the area. He agrees with Mr. Lewis that the amount of traffic that would be generated here pales in comparison to the proposed subdivisions that will bring a much greater increase to traffic on Gummow Drive. He does not think that traffic is a huge issue here. The issue of noise speaks well of Mr. and Mrs. Horne that there have been no complaints in their existing neighborhood where you have a 6,000 square foot lot in a residential area in the center of town. Given the advances in sound materials in walls over 60 years since construction of the current building, he doesn't think sound will be an issue. The new septic system will be designed by engineers and will ultimately be approved by the state so it will not have an adverse effect on existing wells. Regardless of the decision made here today, if the state won't approve the engineered system, the project can't go through. He knows that it is a tight area. He would comment that as a boy he used to play where Mr. Wiltz now lives. The home that Mr. and Mrs. Horne live in 02 August 2007 existed long before Silver State or any CC&Rs existed. He can't see them being bound by someone else's CC&Rs. A considerably larger amount of noise exists when the race track is operating and it produces more noise, dust and traffic than this studio will generate. He feels if the proposed block wall also includes some shrubbery, greenery or low trees to help further dampen the sound or lights that escape over the wall it would be a plus, especially in areas that would keep the headlights from splashing onto Mr. Wiltz's home. He doesn't feel that we are dealing with insurmountable issues. He is one of the people who has a business operating in the area since 1957 when no Planning Commission or Codes existed. Being a good neighbor is important and they show a track record of being a good neighbor in the current location and we have no reason to believe they won't continue to do so in this location. The issue of the septic system, if engineered and approved by the state, is beyond our board. As long as the Fire Marshal is comfortable with the design of the width and structure of the emergency access, then he finds that acceptable. He thinks this studio can work. He does not want to minimize the potential impact on the neighbors but he believes their concerns can be met with proper requirements (wall, trees, shrubs) to dampen the sound and light, thereby alleviating their concerns. He would note that it was a split decision at the Planning Commission so it was not an overwhelming vote. This board does not undertake overturning a Planning Commission decision lightly. By far, theirs was not a unanimous decision just one vote would have changed the outcome. He thinks the members gave good consideration to it but he thinks this could potentially work with all that we've been presented today and with strict adherence to the conditions placed on it. Chairperson Washburn thanked Commissioner Pearce for his valuable comments. She finds value in those comments because he is such a close neighbor and business owner within the area. Commissioner Frey said he had hoped to see evidence that the Planning Commission had erred but he doesn't think they did. They made a good decision to protect the neighborhood. He doesn't believe that this is the only location. Without a doubt, Mr. and Mrs. Horne offer a good service and are fine citizens. His daughter danced with them for a couple of years so he is familiar with the operation and how it ran a few years ago. People are very courteous when dropping off or picking kids up. He agrees with many of the statements made but he is conflicted and doesn't take overturning a Planning Commission decision lightly. It is a very difficult decision to make because there are 7 people on that board who provide due diligence to their decisions. This is a healthy activity for our kids. If this is approved today, he would like to add another condition ­ that the Horne's restrict foot and bicycle traffic to and from the location. They more than anyone else know how hazardous that road is and he would hate to see another accident near there. He would like them to include the limit of foot and bicycle traffic included within the contract with their clients. This may not be an enforceable issue but it would be a good condition to make. The engineered septic will rise and fall on its own merits. The sound restrictions made by the Planning Commission and the compliance to the Fire Marshal's restrictions are important. This is a very difficult decision as he has many friends and business associates in the audience today and he lives in the neighborhood too. Chairperson Washburn noted that many of her comments have already been addressed by her fellow Commissioners. This is a very difficult decision and when she read over the Planning Commission minutes and saw their vote, she is very torn over what is right. She appreciates Commissioner Pearce's comments since he is such a close neighbor. She looks at this request for a home business but believes it is a stretch as a home business and that is what bothers her more than anything. She wonders how far we can stretch that homebased business definition. There are other businesses in that area that couldn't be classified as home businesses. This fits in the pattern of existing business, although they are well established and have been there in existence prior to the zoning laws. This is a very difficult decision to make because we have always supported our youth activities. Just last night she was discussing with her granddaughter, who has children, about the life experiences that she needs to give those children to make them wellrounded adults. This dance studio is a valuable asset to the community. She noted that the map included 11 parking spaces but asked if that would be adequate if they were hosting a special performance or if all performances would be held elsewhere. Jennifer Lumos said she may have left out some important details earlier. No performances will be held at the studio. There was some concern 02 August 2007 raised with regard to renting it out for other uses but that will not happen. There are 2 rooms so the potential exists that 2 classes will be going at once. They will hold a class with just 2 students but the average class size is 612 children. There is no dance studio category within the codes but the closest listed use is a day care use, which is similar. A day care requires one space per employee and one space for every 10 children dropped off. Utilizing that math, this would only require 12 spaces, discounting employee parking since this will be the Horne's homebased business. The only other time that more children will be in attendance at one time is for rehearsal before a performance, which might bring in a maximum of 20 children at one time. Knowing that children will be dropped off at one time, they provided as much parking as they could in the area. They feel that this more than meets the requirements. Commissioner Washburn said she understood that a block wall would be constructed on the north but asked if a chain link fence would be installed on the south boundary because the map shows a block wall on the south as well. Ms. Lumos apologized for any conflicting information. They are proposing a 6 foot solid fence, not necessarily block but it sounds like that would be more amenable to the Commission, along the north property boundary. Because of the size of the property and the location of the dance studio being adjacent to the back of other owner's lots, they are proposing only a solid fence along the back boundary and a shorter or, if the board prefers a solid fence, along the TCID easement. The reason they did not feel that a six foot solid fence was necessary along the TCID easement is because if you look south from the site, all of the homes have 6 foot solid fencing along their backyards so they didn't feel there was as much impact if they only provided 3 foot fencing there. Chairperson Washburn said she did not feel it was necessary to put the solid fencing along the southern boundary but just some sort of safety fencing. She said she has heard no comments from the neighbor to the west and she assumes that this drawing proposes some sort of fencing on that side as well because it shows it, but does not specify what type. Ms. Lumos said with regard to the nature of the homebased business, it is common practice and standard that operating a day care from home is an acceptable homebased business. We are talking about more children than would fit in a living room and they are not necessarily playing with toys and watching videos and playing in the backyard. They are proposing a facility that they would be staying in and would not be wandering outside. She understands the concerns with some comparisons that this seems to be a stretch of a homebased business but if you look at it as similar to a day care, she thinks you can draw many similarities between the two uses. Chairperson Washburn said she would have to agree with Commissioner Pearce that if we grant this request, that we need to require a solid block wall on the north side and add landscaping of trees and shrubbery to increase noise and light protection on that boundary because it is close to the neighbors. She also thinks that the dust issue would not be an issue, particularly if the driveway is posted with a slow 1015 miles per hour speed limit to remind people to keep their speed down because there are children present but it will also keep the dust down. Any advertising signage, as well as the septic and building would have to be done in accordance with County and State Codes, so there is no question in that regard. Commissioner Frey said that it seems that this facility, the parking and the size barely meet today's requirements. He asked if they had considered a different location where they would have room to expand, which may be better for them. This is part of his thought process that we may allow this in this location but it barely meets their minimum requirements for today, with no potential for growth. Chairperson Washburn said she agrees that it is barely adequate but not many businesses have the ability to overbuild to start with. She feels we can consider that but sometimes that is a real luxury to have the ability to build for future needs. She knows that they have had no complaints at the existing location and it was adequate for their needs at the time they started but now it is not because of growth. If it becomes inadequate in the future, another location could be secured at that point. Planning Director Lockwood said that with SUP permits, provided that all conditions are complied with, the SUP can continue to run with the land. So, down the road, if Mr. and Mrs. Horne decide to move from that location or if they want to give up operating the dance studio and offer it out to somebody else, she would caution the board that they may want to tie the operation specifically to Jef and Karen Horne so that this doesn't become a commercial location if the area remains residential. Commissioner 02 August 2007 Pearce thanked her as he had thought of that previously but it had slipped his mind today. Commissioner Frey asked if they do not tie this specifically to Jef and Karen Horne to operate a dance studio, then could someone come in and operate a mechanic shop? Planning Director Lockwood said if the board overturns the decision of the Planning Commission and issues a special use permit for the dance studio, with conditions attached, that use as a dance studio with those conditions can continue in perpetuity whether it is Jef & Karen Horne or whether it is Joe and Sally Smith or if they wanted to rent it out to someone to run a dance studio. So, you could potentially have someone living in the residence but renting out the dance studio and that becomes in her mind a real commercial activity. Commissioner Pearce said whether it is a homebased business is stretched out to the limits here but in his mind then renting or leasing it to someone else exceeds that because to him a homebased business is one that is operated by the owners living in the home operating that business. In this case, he would agree that it needs to be tied specifically to Jef and Karen Horne. Planning Director Lockwood stated that we cannot list every single possible use in the codes. The code lists "any other use the Planning Commission deems no more obnoxious than or is similar to". Just like the comments made by Ms. Lumos, you could categorize this as similar to a day care center or some educational facility but, in this case, they are defining it as a home based occupation. Deputy District Attorney Jardine said that the inclusion to discourage foot and bicycle traffic is appropriate as a condition of the SUP and is capable of enforcement through the SUP process. Commissioner Peace made a motion to overturn the denial of a Special Use Permit by the Planning Commission and to issue a Special Use Permit specifically to Jef and Karen Horne to operate a dance studio at 775 Gummow Drive (APN: 010092 03), subject to the following conditions: · Acquisition of a building permit. · Inspection of the septic system and the design of an engineered septic system to ensure that it is large enough to accommodate both the residential and dance studio uses. · Acquisition of a business license. · Inspection by the Fire Marshal. · Removal of the storage building on the south side of the existing house to allow access to the west side of the parcel without using the TCID easement. · Acquisition of a dust control permit during construction of the new building. · Compliance with any sign regulations should a sign be erected in the future. · Construction of a privacy fence. · Compliance with Churchill County Codes. Further, subject to the following additional conditions of the Board of County Commissioners: · Modification or addition of a solid block wall on the north boundary of the property, including landscaping of trees and shrubbery to dampen the sound and fugitive light. · Inclusion in the contract with clients each year to discourage foot and bicycle traffic to and from the dance studio. In the event that Gummow Drive is upgraded at some future time with sidewalks and bicycle lanes, than the matter of such a restriction shall be considered for decision by the Planning Commission for modification. · Construction of a grade gravel driveway and posting of signage for a slow speed limit and presence of children. · Being tied specifically to Jef and Karen Horne to operate the dance studio between the hours of 10:00 a.m. and 8:00 p.m. Any change in the ownership of the property would require further consideration by the board to operate such a dance studio. 02 August 2007 · Installation of security fencing on the western and southern boundary of the property. · Provision of the appropriate number of parking spaces per County Code. Commissioner Frey seconded the motion, which carried by vote in favor by Chairperson Washburn and Commissioner Pearce. Commissioner Frey voted in opposition of the motion. Chairperson Washburn recessed the meeting for a break until 9:50 a.m. The meeting was reconvened at 9:50 a.m. Public Hearing ­ An appeal filed by John Armstrong for the Planning Commission's approval of a Special Use Permit for Richard Van Dyke to operate a hay hauling business on Westwind Way, APN: 00815242. Planning Director Lockwood said over the last couple of years, the Planning Department has received complaints that the hay hauling operation that has been conducted on the property for 20+ years has been expanding, that there were pieces of equipment on the property indicating perhaps that there is maintenance of trucks on the property, and that there are more than a couple of semis coming in and moving off. As a result of those complaints, the Code Enforcement Officer went out to the site to investigate and they required the applicant to file an application for a Special Use Permit (SUP) for a hay hauling business because they believed it was more than just parking a private vehicle at a home. The application was filed to conduct a hay hauling business at this property location. When the Planning Commission reviewed this application at a public hearing, the primary concerns were: · Westwind Way is a sandy/dirt road that is privately maintained the trucks destroy the dirt road and the Van Dyke's do not assist in maintenance of the road. · The operation has expanded over the last several years and there is an accumulation of equipment, vehicles and inoperable machinery. · A trucking operation is not compatible with the residential neighborhood. The Planning Commission deliberation identified the following: · A hay hauling/trucking operation has been conducted from the subject property for 30+ years prior to the residences along Westwind Way. · The subject property is within 100 yards of Roberson Lane and therefore the trucks do not impact most of Westwind Way. · If the subject property is used primarily for parking, only 2 loaded or unloaded semis there should not have an adverse impact on the neighborhood. The Planning Commission unanimously approved the Special Use Permit with the following conditions: · A maximum of two (2) sets of triple hay trailers to be parked on the property at any one time. th · Removal of all inoperable equipment and vehicles from the property by July 30 2007, excluding the antique truck. · No hay loading operations to be performed on site. · No repairs or vehicle maintenance to be conducted on site. · Acquisition of a Churchill County business license. · Compliance with Churchill County Code. An appeal has been filed for the Planning Commission's d