June 15, 2016

Commissioner King

motioned to accept the minutes.

Commissioner Adams

stated he has a change on page 5, changing the wording from limiting ATVs to allowing access.

Commissioner King

amended motion to accept Commissioner Adams changes. Seconded by Commissioner Adams. Seconded by Adams Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bob King, Gregory T. Hafen II, Joel Oscarson, John Koenig, Paul Carr, Robert Adams, Vincent Clark.

Commissioner Koenig

asked if the OML training was completed for all members. Celeste Sandoval stated yes.

Commissioner Koenig

stated he will be resigning his position on the RPC effective the meeting in July once the election of officers takes place.

Commissioner Hafen

stated he is abstaining from item #8.

Mr. Osborne

reviewed his staff report, this is the first request for extension of time from the applicant and are asking for an additional 3 years, there is an active site development plan that is valid for 1 year. They have already asked for a 1 year extension of time of that site development. Staff recommends a one year extension.

Commissioner Adams

asked if the site development were done today would there be fewer RVs allowed per acre.

Mr. Osborne

stated no. Debbie Beatty representing the applicant, Mr. Pappa. Ms. Beatty read a letter from Mr. Pappa in to the record. The RV Park has been delayed due to the economy and the Developer Rockingham Capital to obtain funding. NDEP has also imposed very restrictive design criteria for septic systems for RV sites. Due to the issues the applicant would like a 3 year extension.

Commissioner Oscarson

asked when construction is to begin.

Ms. Beatty

stated she doesn’t know.

Commissioner Borasky

asked staff to clarify that they are willing to grant them a 1 year extension and if construction isn’t started by then the CUP goes away.

Commissioner King

asked staff if these are new requirements by NDEP that wasn’t in place in 2013 when this was approved.

Mr. Lacy

stated staff isn’t aware of any changes if there are any.

Commissioner King

stated he hasn’t seen any changes in the design criteria, the applicant finds these restrictive.

Mr. Lacy

stated RV Parks require an additive to be added to the black water tanks and require a larger size, he isn’t sure if that is what they are referring to since the applicant isn’t here.

Commissioner Carr

asked staff to clarify why they are recommending 1 year and not the requested 3 years.

Mr. Lacy

stated historically the discussions on extensions of time with the RPC and staff are to make sure everyone is serious on their projects and have done their due diligence on moving forward with the projects.

Commissioner Koenig

stated if the SDP expires, they have to come back for an extension.

Mr. Lacy

stated that would need to be reapplied for.

Commissioner Koenig

asked why we wouldn’t we extend this to October 1, 2016 and let them expire together.

Mr. Lacy

stated the site development plan expires if they don’t start construction. So if they get all their designs complete and pull permits then it wouldn’t expire. He believes the CUP is based on operation not construction.

Mr. Osborne

stated all permits, plan approvals and construction started for the CUP to not expire.

Commissioner Oscarson

stated there are 4 or 5 CUPs that have expired, the numbers are lower now correct.

Mr. Osborne

stated the 700 are what hasn’t expired.

Commissioner Adams

asked what date the board wants the CUP to expire.

Commissioner Koenig

stated the site development expires October 1, 2015 and the CUP would expire 1 year from today.

Commissioner Adams

motions to extend CU-13-0005 for 1 year, expiring 1 year from today. Seconded by Commissioner Clark.

Commissioner King

asked if this extends the site development also or just the CUP.

Commissioner Koenig

stated just the CUP.

Mr. Osborne

reviewed his staff report, if there was a commercial business on site the applicants could have had this manufactured home on site for a care takers residence but there isn’t a business on site so they were required to file for a waiver. Elmer Nearborn, caretaker for the property. Stated there had been theft on the property previously. One of the RVs on the property belongs now to Gerald Schulte, he traded one for the manufactured home, and the other still belongs to him.

Commissioner Clark

asked if a septic would be installed.

Mr. Nearborn

stated there is one there already.

Commissioner Clark

asked if the septic feeds the church as well. Richard Fenton stated they have owned the property and it has been there prior to the owner ship by the church. There is well, septic and power. They currently are trying to find ideas on how to use the property as a church council. Once they turn it into a business everything will be removed that they can’t use. There are two sheds, two RVs and the manufactured home on the property. Once the home is placed one RV will go and the other is his.

Commissioner Adams

stated per the special conditions all the RVs are to go. Gerald Schulte stated one RV was traded in towards the purchase of the home and the other is his personal RV and can be removed if needed.

Commissioner Adams

asked for clarification that the RV won’t be hooked to utilities.

Mr. Schulte

stated no, it won’t be connected to any utilities.

Commissioner Adams

stated the waiver will expire on June 15, 2017, is that correct.

Mr. Schulte

stated he is prepared to move the house at any time, it isn’t on a foundation, and they are asking for 3 years.

Commissioner Koenig

asked if they are aware of special condition #4. Will the wood building pass inspection?

Mr. Schulte

stated it is the well house and under 200 square feet and wouldn’t require a building permit.

Mr. Lacy

stated they still would require a zoning review.

Commissioner Hafen

stated there have been letters of objection, is there any other individuals living at the site.

Mr. Fenton

stated there are two RVs, he is occupying one of the RVs until Mr. Fenton can move his wife into the mobile home.

Commissioner Koenig

stated he thought Mr. Nearborn was living there, he is the caretaker.

Mr. Fenton

stated he is staying there currently and Mr. Nearborn won’t be there until they can get the home set up. He is currently the caretaker.

Mr. Schulte

stated Mr. Fenton moved his RV onto the property to stay there until Mr. Nearborn can move back.

Commissioner Hafen

asked if they have read condition #5 and it stated occupying of any other structure, RV or fifth wheel should cease.

Mr. Schulte

asked if that would be after approval or after the installation of the mobile home.

Mr. Lacy

stated staff is okay with amending the condition to be after installation.

Mr. Schulte

stated they can be ready in 30 days.

Commissioner Hafen

asked what type of well is on the property.

Mr. Schulte

stated it is a regular well.

Commissioner King

asked if the dedication of the ROW is okay with the property owners.

Commissioner Oscarson

stated he is concerned they stated building without permits.

Mr. Schulte

stated that is his fault, after moving the home he learned it was zoned commercial.

Commissioner Koenig

asked if it had been inspected by Building and Safety.

Mr. Schulte

stated Wendy with Building and Safety came out after they called for an inspection and made them aware of the zoning.

Commissioner Koenig

stated that is why they want the waiver, there is no business there.

Mr. Fenton

addressed the comments by Mrs. Nicosia. He has personally talked to her husband and he isn’t aware of any concerns. It hasn’t been a year since there has been 2 RV’s on the property. When they do decide what to do with the property the church council will vote and it will be something to benefit the community. It could be growing food, aquaponics programs, a tree farm, it won’t be a commercial property that has a lot of traffic. There is no proposal as of today or the future for the property to be used as a church.

Commissioner Koenig

stated whatever the outcome, 1 year or 3 years you must have an active commercial business and he wants them to reach out to the neighbors.

Commissioner Hafen

asked if RVs allowed as living residences under county code.

Mr. Osborne

stated only under a Temporary seasonal use on a residential lot, he doesn’t’ believe there is a provision for an RV on a commercial lot. If there is more than one RV it would be an RV park.

Commissioner Oscarson

stated they are way ahead of the plans and believes they plan on having a caretaker for a long time on the property and try and make it a SFR before they will have anything planned for a business. He doesn’t believe 1 year will be enough time to get a business running.

Mr. Fenton

stated he disagrees, they are in the planning stages to propose to the Church a project, that could be up and running in less than a year. If the Church doesn’t decided on this project another is in the works. If they do get the 3 years, they will have something up and running. They don’t want to rush the Church Council.

Commissioner Oscarson

stated they have went against county code, and with advice of the contractor added the home to the property knowing it was against code. He asked what was being vandalized.

Mr. Fenton

stated the well had electrical removed, the home had all the siding torn off. They had

Mr. Nearborn

build a well house to help keep people out.

Commissioner Oscarson

asked if they ever contacted the sheriff office to have the people trespassed.

Commissioner Adams

stated Mrs. Nicosia if she was worried about the property becoming a RV park and having people coming in and out.

Mrs. Nicosia

stated she was told by the inhabitants at the property that the property was going to be turned into a rehab facility in bungalows sponsored by the church. She is concerned about the multiple dwellings.

Mr. Fenton

stated the homeless comment was when he talked with her husband Mike once. At that time they were discussing as a Church Council was to put in a rehabilitation for people. It was voted down and will not happen. The next item on the table is aquaponics to grow and sell food for the community.

Commissioner Koenig

asked if Mr. Fenton understands as things progress with the property they will need to have a commercial well and commercial septic.

Mr. Sutton

stated there has been talk about removing property and the special conditions just state they can’t be occupied.

Commissioner Koenig

stated they need to make sure the motion states removal and unoccupied.

Commissioner Adams

asked the applicant if the removal of the RV is okay.

Mr. Fenton

stated yes, but can Mr. Nearborn keep his personal RV on the property.

Commissioner King

stated there is no reason why he can’t keep his personal RV stored on the property.

Commissioner Hafen

stated the request is to allow storage of one.

Commissioner Adams

motioned to approve WV-2016-000022 following the recommendations of staff, one MH on site, to only allow one RV to be storage on the property and unoccupied. The WV will expire in 2 years for the caretaker residence. Seconded by Commissioner Clark.

Commissioner Hafen

stated this was his request to have the item heard, he knows that there is a funding issue within the county and wanted to try and help the county.

Commissioner Oscarson

asked if there was a way to add if the board member could donate to a charity or back to the county fund.

Mr. Sutton

stated that would be better on the accounting side.

Commissioner Koenig

directed staff to bring back the item for the next meeting.

Mr. Sutton

asked for clarification that the board would like a provision added at the option of the board member they can donate back to the county.

Mr. Lacy

stated they have received complaints that the CUP issued to Kayla Mitchell is being violated. Photos have been received that there is exhibiting. There was also a condition of approval that Kayla and Karl Mitchell were to provide an affidavit that there was to be no exhibition on site, they haven’t done that, but the property owner had. They are currently in violation of the CUP.

Mr. Lacy

asked if the board would like staff to schedule a show cause hearing.

Commissioner Hafen

asked for clarification that they are in direct violation by not signing the affidavit.

Commissioner Hafen

asked if they are aware that they didn’t sign the affidavit and they are in violation. Celeste Sandoval stated that she hadn’t had any conversations with the Mitchells, however when

Mr. Mielzynski

came in to drop off his affidavit he was aware that the FAM stated property owner and the Mitchells together needed to submit also.

Commissioner Hafen

asked if they can submit a letter to the Mitchells that they are in violation of the conditions or they will be called to a show cause hearing.

Mr. Sutton

stated they could do that.

Commissioner Hafen

stated he would say they have 10 days to get a letter to staff or it will be on the next agenda.

Commissioner Koenig

stated so moved.

Commissioner Clark

asked Mr. Lacy to review the issue again.

Mr. Lacy

stated part of the conditions of approval were that there was to be no exhibition on site. There has been photos sent to our office showing on facebook showing exhibition of the tigers and visitors to the property. While investigating that it was realized both the owner and Kayla and Karl Mitchell were to sign affidavits that no exhibition was to be done or done on site.

Commissioner Clark

stated he was the one to tell them at the meeting the CUP would be gone if they did that. He would like to have it on the next meeting.

Commissioner Koenig

stated to staff just go do it.

Mr. Sutton

asked for clarification as there was two separate directions to staff.

Commissioner Koenig

stated he would like to see them here to explain what they are or aren’t doing.

Mr. Sutton

stated that would be a show cause hearing.

Commissioner Koenig

presented Commissioner King with a plaque for his 4 years of service to the RPC.