September 9, 2020

Commissioner Lee

stated she submitted some minor corrections to staff.

Commissioner Tyler

motioned to approve with corrections. Seconded by Commissioner Blackstock.

Commissioner Blackstock

asked how large the parking lot is that is set to be paved. Is this something that will be potentially paved later on in the process or will it go away when they determine what will be there.

Mr. Osborne

stated there is a conceptual site plan and the applicant would be able to clarify.

Mr. Waggoner

stated the purpose of the gravel is only where the vehicles and trailers will park. There are no intentions to pave later. The reason they are proposing for a soft surface for the canopies and loading and off-loading trailers and livestock. It is a better surface for that type of use. It won’t be a traffic area, any travel throughout the site will be on the paved area. Robert Adams, applicant stated it will be a ring of hard surface with an interior of soft surface. The OHV park will be 1 ¼ acre. The parking for spectators will be entirely hard surfaced, participants will be parked in the gravel all day potentially all weekend. The big factor is heat for the hot asphalt surface and much more compatible for camping.

Commissioner Blackstock

asked if this area was set to be paved previously in discussions and will it only be 1 acre in type 2?

Mr. Adams

stated the entire pit area will be about 1 ¼ acre of type 2 and 1 ½ of shared use parking. The equestrian area hasn’t been designed yet but will be something similar. They are looking at the same thing, they may ask for complete gravel, they won’t want horses to be unloaded and cross a hard surface to walk across, that is for the future request. He is only asking for the shared use area and the OHV park area.

Mr. Waggoner

stated if you are looking at the site plan the parking area they are talking about is the oval area under the words Event Center. The other parking area is or will be paved, that is where the shooter site is now.

Mr. Adams

stated there will be service roads for water trucks and emergency exits. The gravel road that goes north to a fire hydrant until the plumbing is on the fair grounds. Those roads won’t be open to general public. Page 3 of 7

Commissioner Curtis

asked if there is an overall specific plan of development for the fairgrounds and is there a main parking area.

Mr. Adams

stated there will be several parking areas, a community center, a fireworks stand. He isn’t sure what is happening with fireworks area because it is supposed to be turned into 6 soccer fields when the well is put in. There is an overall plan.

Mr. Waggoner

stated the overall plan is still a work in progress.

Commissioner Curtis

asked if they will continue the fireworks in the area with the livestock so close by.

Mr. Waggoner

stated that is undetermined at this time.

Commissioner Lee

asked Mr. Waggoner to address the current status with the EPA with our current air quality status. At one point we had an MOU that expired and wanted to know if we were still doing well with the AQ and DC.

Mr. Waggoner

stated the MOU did expire in 2017 and we are starting to creep up in the AQ probably due to the fact construction has picked up considerably over the last couple of years and wind events. Some monitors are by the old golf course, which is now Discovery park and there is one by the old Manse Elementary that are having fairly high reads that could also be contributed to the old Binon property. We aren’t in trouble they are just raising some concerns.

Commissioner Lee

asked Mr. Adams if he has read, understands and agrees to the conditions of approval in the staff report.

Commissioner Lee

asked if Mr. Adams would be amenable to adding some additional conditions of approval. Adding #3 after any event any damage to the gravel area will be repaired and thoroughly watered and #4 Prior to the start of any event and during events as appropriate the area will be watered.

Commissioner Tyler

motioned to approve adding in additional conditions of approval. Seconded by

Commissioner Turner

motioned to amend Condition #10 to remove the requirement for paving and to allow type 2. Seconded by Commissioner Tyler.

Commissioner Lee

asked if item A is to reconsider the timeline can they modify condition #10 to eliminate the necessity for a paved circular driveway, will that eliminate the necessity for the waiver.

Mr. Waggoner

stated the reconsideration is to waive that requirement in its entirety the waiver would still need to be approved in conjunction with that because it is a waiver of code, which is required for daycares to have the circular driveway. His opinion would be you can’t grant one without granting the waiver from the design standard first. It isn’t a dust control issue, it is a commercial use of the property, there are ADA needs in mind and a safe surface to load and unload kids. This isn’t part of the dust control requirement but a requirement of development of the childcare facility.

Commissioner Lee

asked if they should take Item b before Item A.

Mr. Waggoner

stated yes, but he will let the DA’s office weigh in. Marla Zlotek stated she concurs with Mr. Waggoner.

Commissioner Lee

asked if we have ever granted a waiver from a paved circular driveway for a home childcare business in the past?

Commissioner Lee

asked if they have ever granted a waiver from the design standards.

Ms. Beeman

stated not that she is aware of, it is normally just the surfacing requirements. Christine Anderson, applicant stated they have been at this address for 4 years, they have a type 2 gravel driveway and have in a makeshift circular driveway. Shae Anderson, applicant stated they put in the circle driveway and in the CUP it was talking predominately about dust control. The driveway was put in according to code they also have an apron and a handicap parking spot established. They have a culvert and a natural drainage. This is a financial hardship, $10,000 for pavement with only having 12 kids is an issue.

Commissioner Curtis

asked if people unloading strollers has been an issue.

Mrs. Anderson

stated no, when people drop off they bring the child with a diaper bag and they have to come in and sign in their child. All car seats and strollers stay in the car. Page 5 of 7

Mr. Anderson

stated if it is a handicap drop off there is an apron all the way to the front door. They are state certified and have a state placard and ADA certified to accept special need kids.

Commissioner Curtis

asked if the license is issued to a specific address.

Mr. Anderson

stated yes and the license is only for 12 children. Tyler Mulvey, Public Works stated there are no permits for these driveways they do not meet the current standards. The driveway on the south is on the property line and they do not allow that. The other issue looks like there is a lot of loose rock on the driveway.

Mr. Anderson

stated he can move the driveway over, he had Ron Murphy come out and quote to do another culvert and make it to code. He can covert it to chat and remove the loose gravel.

Commissioner Lee

asked if they shift the driveway to the North to move it off the property line. Will they have enough room on the property to maintain the driveway with the radius for the center of the circular driveway, the width of the driveway and the 30-foot separation from the entry way to the driveway?

Mr. Anderson

stated yes, he is assuming the set back from the property line is 10 feet. If it is under 10 feet he has 50 to 60 feet to the North to move the driveway.

Mr. Mulvey

stated it needs to be a minimum of 5 feet off the property line.

Mr. Anderson

stated that is something they will be able to do, Mr. Murphy quoted them $5000 to do it.

Commissioner Tyler

asked the applicant for clarification that they can afford to move the driveway, and put in the chat and replace a culvert. It is the paving that is cost prohibited at this time.

Mr. Anderson

stated correct, he did a quote with home advisor and they sent out a asphalt company that said it would be between 12 and 15,000 thousand.

Commissioner Lee

asked Mr. Mulvey if chat would meet the requirements for an encroachment permit.

Mr. Mulvey

stated no, the encroachment permits are type 2. There isn’t anything in the code for chat.

Commissioner Lee

stated she rewatched the original item from 2019, the applicant very clearly understood the necessity to have the driveway as it was spelled out in the code. It has always been in the code for daycare facilities for the safety of the children. That is a design standard she isn’t inclined to waive in eliminating the design standard all together.

Commissioner Tyler

stated instead of paving they could do type 2 since that is what PW would accept. During this time of COVID and extended closures and financial hardships that our community is facing she would hate to encumber a small business with the expenses of paving when they are limited to no more than 12 children.

Commissioner Lee

stated they will take a motion for item b first.

Commissioner Koenig

asked the applicant who the owner of the property is.

Mrs. Anderson

stated Liz Provenza. Page 6 of 7

Mr. Anderson

stated they approached Liz Provenza as property owner and as far as doing an improvement on the property and she has no interest to put any money into this as a rental.

Commissioner Turner

motioned to approve WV-2020-000112 allowing the use of type 2 in place of paving with all other dimensions to remain intact.

Commissioner Lee

asked the applicant if they have read and understood the conditions of approval.

Commissioner Lee

also stated they would need to follow through with the encroachment permit with Public Works.

Mr. Anderson

stated yes. Second by Commissioner Tyler.

Commissioner Lee

stated the next meeting is October 14th they would like to add CIP to next meeting for

Mr. Lacy

to bring them an update.