October 11, 2017

Commissioner Hafen

stated for the record that Commissioner Lee and Commissioner Adams are absent from the meeting.

Commissioner Bennett

asked where the 3 years comes from in the staff report.

Mr. Osborne

stated that is standard within the code for a zone change.

Commissioner Koenig

asked what type of business they are planning to do there.

Mr. Osborne

stated originally the applicant want to do a Marijuana site there that is why they are requesting the zone change. He is unsure they are still wanting to pursue the use. Hassan Marchoud stated regarding the use, he has an auto repair shop in Las Vegas, he may consider doing an auto repair show there, and his son is the one who wanted to do the Marijuana facility. His main intention is to build an auto repair shop.

Commissioner Fowler

asked what type of Marijuana facility he is considering, dispensary or grow house. Page 2 of 6

Mr. Marchoud

stated they may do a dispensary or grow house. It depends if his son wants to do it. His main concern is getting it zoned GC. When he bought the lot he assumed it was already GC.

Commissioner Blundo

asked when he purchased the lot.

Mr. Marchoud

stated April 2017.

Mr. Lacy

stated when it was originally constructed it was built as an auto repair shop, the building was removed, but the foundation and pavement still remain. An auto repair shop is not conditional or permissive in NC.

Commissioner Bennett

asked Commissioner Koenig what the permitting process was for the dispensary.

Mr. Koenig

referred to Mr. Lacy.

Mr. Lacy

stated all Marijuana facilities had to obtain a SUP and be in a General Commercial, Light Industrial, Commercial Manufacturing or Heavy Industrial zone. NC doesn’t allow for Marijuana facilities. Even if they obtain a SUP for marijuana the State hasn’t opened up for any new facilities.

Commissioner Hafen

stated for the record, they are not hearing any SUPs or Marijuana facilities tonight, just a ZC.

Commissioner Blundo

asked the applicant if he has read the special conditions of approval in the back up.

Mr. Marchoud

stated yes, he bought it to develop.

Commissioner Blundo

asked what time table he is looking at to start his development.

Mr. Marchoud

stated within 6 months to start building.

Commissioner Fowler

motioned to recommend to the BOCC approval ZC-2017-000016 based on staff findings. Seconded by Commissioner Bennett.

Commissioner Blundo

asked if the motion includes the special conditions of approval.

Commissioner Fowler

motioned to approve WV-2017-000050 subject to the special conditions of approval. Seconded by Commissioner DeAnda.

Mr. Osborne

reviewed stated the only change to the code will be removing the part stating 40 acre minimum requirement. He was unable to locate information on what the original reasoning was and he was unable to find the purpose of the 40 acre minimum.

Commissioner Blundo

stated he was unable to locate anything doing his own research.

Commissioner Blundo

motioned to recommend approval to the BOCC removing the 40 acre minimum. Seconded by Commissioner Bennett.

Mr. Osbone

reviewed the proposed changes. Code currently requires 10 feet between buildings, the proposal is to change it to 5 feet.

Commissioner Koenig

stated to Mr. Lily the current code is a 10 foot separation and the proposal is to make it 5 feet.

Commissioner Hafen

stated this is less restrictive than current code.

Commissioner Blundo

motioned to recommend adoption to the BOCC. Seconded by Commissioner Fowler.

Mr. Lacy

stated the department has several requests daily for development on the lot, prior to the primary dwelling. Staff’s recommendation is to place some restrictions either requiring a building permit pulled, impact fees paid or time limitations.

Commissioner Hafen

agrees that we probably shouldn’t have someone building warehouses and stating they will build a home in the future then they don’t build anything else. In looking at the back up AZ gives them 6 months to commence the primary residence, would this put more burden on the building inspector to monitor.

Mr. Lacy

stated it would be important to have them pull the permits at the time. We currently allow a TUP to place an RV or mobile home on a lot during construction. Page 4 of 6

Commissioner Fowler

asked if we should tie in the final inspection of the accessory structure with the C of O of the primary residence.

Mr. Lacy

stated fencing or one day shades might not go to a C of O.

Mr. Lacy

stated this is what is happening and would like the board to provide direction and discussion. If owners could pull all permits at one time that shows they are serious about the development and not pulling each once at a time to develop.

Commissioner Hafen

asked if TUPs are done before the board or administratively.

Mr. Lacy

stated they are administrative at this time, but it could come to the board.

Commissioner Hafen

stated he would rather those stay administratively with a 6 month maximum.

Commissioner Fowler

stated this is needed to completely streamline the process.

Commissioner Bennett

agrees that they should pull all permits at once.

Commissioner Hafen

directed staff to bring back a draft ordinance at a future meeting based on the discussion.

Commissioner Blundo

read the definition of an accessory building.

Commissioner Hafen

stated this discussion has come up before, but we have no definition in the code. Start of construction could be pulling a permit, grading, a shovel or going vertical.

Mr. Lacy

stated they are looking for something more than a grading permit. Someone pulling a permit or completed site development, showing they are serious with what they want to do.

Commissioner Blundo

asked staff for examples.

Mr. Lacy

stated he won’t go into specifics, but for example a zone change has 3 years. What are we expecting to happen when those three years are up for them to show us they are serious with their projects?

Commissioner Blundo

asked what the process of getting a grading permit versus a building permit.

Mr. Lacy

there is a dust permit, that isn’t essentially a grading permit. The grading permit means they are actually moving dirt and they have to move 50 yards or more.

Commissioner Koenig

stated we gave the gentleman earlier a ZC for 3 years and the ZC goes away if they haven’t started in 3 years. So what would start of construction mean to him, he already has a pad and pavement?

Commissioner Hafen

stated is a case by case situation, it depends on the project. Page 5 of 6

Commissioner Bennett

asked what other town’s definition of start of construction are. Let’s research what others define it as and start from there.

Mr. Lacy

stated we can research and work with the DA’s office with what the term means.

Commissioner Blundo

stated once we define what start of construction is, will that be everyone no matter what phase they are in or only new construction.

Mr. Lacy

stated it would be for everyone, unless we place a requirement that it is from that date forward.

Commissioner Blundo

asked if they can bring back numbers of items that will be affected by this change.

Mr. Lacy

stated they could probably come up with a rough estimate.

Commissioner Blundo

would like to see this come back at the next meeting and make a decision at that time.

Commissioner Hafen

asked staff to bring back information on start of construction to the board. This could be something that is just addressed at future meetings on a case by case basis of what start of construction should be. This would allow the applicant to agree or disagree with what it constitutes.

Commissioner Blundo

would like the standard of 3 years to come back for discussion.

Commissioner Hafen

reopened the item at 6:59 pm. Ryan Nestman stated they are submitting a waiver for the Kingdom building on Hwy 160. They are getting on the agenda for next month. They were wanting to request a special meeting but time wise that doesn’t make a difference.

Mr. Lacy

asked if we could reopen item #13 he believes we have a gentleman that would like to request a special meeting for a waiver.