HomeMy WebLinkAbout2.0 BOCC Staff Report 07.20.2015Board of County Commissioners — Public Hearing Exhibits
Richard Medina
Conditional Use Permit — Substantial Amendment
July 20, 2015
(File CUAA-8289)
Exhibit Letter
(Numerical)
Exhibit Description
1
Public Hearing Notice Information
2
Proof of Publication
3
Receipts from Mailing Notice
4
Photo evidence of Public Notice Posting
5
Garfield County Land Use and Development Code, as amended
6
Garfield County Comprehensive Pian of 2030
7
Application
8
Staff Report
9
Staff Presentation
10
Referral Comments from Colorado River Fire Rescue (dated June 29,
2015)
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Conditional Use Permit — Home Occupation for Resolution 2000-53
12
Resolution 2000-53
13
Staff Report for Medina Conditional Use Permit - Home Occupation for
auto body repair, painting and welding
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BOCC 7/20/15
File No. CUAA-8289
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PROJECT INFORMATION AND STAFF COMMENTS
REQUEST Amendment to a Special Use Permit condition
of approval — Home Occupation (auto body
repair, painting and welding).
APPLICANT — PROPERTY OWNER Richard Medina
ASSESSOR'S PARCEL # 21 81 03201 002
PROPERTY SIZE -0.25 acres.
LOCATION The property is located approximately 1/3 of a
mile west of the Town of New Castle on Lot 14
of Mountain Shadows Subdivision, in Section
4, T6S, R91 W.
ADDRESS 0064 Apple Drive, New Castle.
ACCESS The Home Occupation is accessed by Apple
Drive.
EXISTING ZONING The property is zoned Residential / Mobile
Home Park.
I. GENERAL PROJECT DESCRIPTION
The Applicant is requesting amendments to conditions of approval for a previously
approved Conditional Use Permit for a Home Occupation for auto body repair, painting
and welding. The original Conditional Use Permit was approved on June 5th, 2000 and
memorialized under Resolution 2000-53 while the Conditional Use Permit was issued on
January 22nd, 2001. The Applicant is requesting to amend several of the Conditions of
Approval, specifically the proposed amendments to the Resolution include condition #4
(extend hours of operation), #5 (Allow up to 5 more customer vehicles onsite), #7 (allow
signage), and #9 (allow outside employees). These conditions are proposed to be
modified to accommodate the continued expansion of the business.
In accordance with Section 4-106(A)(4), "Any requested change of a specific condition(s)
as identified in a resolution adopted by the BOCC shall be considered a Substantial
Modification." As a result, this request has been processed as a Substantial Modification
and has required a new application for a Land Use Change Permit. In accordance with
Section 2-101 of the LUDC, "The requirement for a Land Use Change Permit and the
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permit provisions set forth in this Article apply to any proposed change in land use..." To
this end, the Staff determination within this Report is based on the applicable Standards
within the LUDC of 2013, as amended. The review and subsequent decision, however,
only affect the proposed change to the Land Use Change Permit and if denied, the
original approval will still stand.
The Conditional Use Permit that was approved in 2000 and permitted to operate starting
in 2001, was for automobile repair, painting and welding. The Staff Report from 2000
describes the proposed use as follows:
The purpose of the business is to repair vehicles owned by CME, Gallegos
Corp., and Resort Express as well as occasional vehicles owned by friends
and relatives. Hours are proposed to be Monday through Friday, 9:00 a.m.
to 12:00 p.m. It is estimated that there will only be two (2) to three (3)
vehicles per week being worked on. No signs will be posted to advertise the
home occupation.
Staff understands that the Applicant now offers services to individual walk-in customers
as a fully operational auto repair shop. While this level of service was not specifically
prohibited as conditions of approval, it was also not contemplated as a part of the original
approval.
The application in 2000 was reviewed under Section 2.02.29 the Zoning Resolution of
1978 which required the applicant to obtain a Conditional Use Permit for a Home
Occupation for this type of use. The 1978 Zoning Resolution defined a Home Occupation
as follows:
Any use for gain or support carried on as an accessory use within a dwelling
or a building accessory thereto, wherein such use would not create the
appearance or impact of a commercial activity.
The Staff Report from 2000 notes:
As per the definition of Home Occupation, all cars, equipment and materials
will have to be stored and worked on within the proposed shop at all times.
In addition, as proposed by the applicant, no signs will be posted anywhere
on the property to advertise the business.
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Vicinity Map
Town of
New Castle
Subject
Parcel
Appletree Park
314;
335
3
Aerial Map
II. LOCATION - SITE DESCRIPTION
The site is currently improved with a 1144 sq. ft. single family home, a 528 sq. ft. garage,
several sheds and a 1200 sq. ft. shop for the Home Occupation. The Mountain Shadows
subdivision is residential and sits adjacent to Appletree Mobile Home Park. Across CR
335 from the subject parcel is the Colorado River Fire Rescue fire house. The property
is zone Residential / Mobile Home Park while surrounding zoning is PUD.
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Photos of Site - From Apple Drive
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Photo of Site — From CR 335
III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS
Public Notice was provided for the Board's public hearing in accordance with the Garfield
County Land Use and Development Code as amended. Comments from referral
agencies and County Departments are summarized below and attached as Exhibits.
1. Colorado River Fire Rescue: (See Exhibits 10)
• Request that the CRFR be allowed by the owner to pre -plan and inspect the
business for Fire Code violations on a yearly basis.
• Noted that customer parking could block the Apple Drive through the
development.
2. Other agencies that did not submit comments include: (a) Garfield County Road and
Bridge, (b) Garfield County Sheriff, (c) Garfield County Environmental Health, and (d)
Town of New Castle
IV. STAFF COMMENTS AND ANALYSIS
In accordance with the Land Use and Development Code, the proposal is required to
meet all of the standards as identified in Article 7, Divisions 1, 2, and 3, including Section
7-702 Home Office / Business. The Application materials were limited to those items
necessary to review the proposed change.
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7-101: Zone District Regulations
The proposed use demonstrates general conformance with applicable Zone District
provisions contained in the Land Use and Development Code and in particular Article 3
standards for the Residential / Mobile Home Park zone district. Should the use not
conform to the Standards outlined in Section 7-702, Home Office / Business, then the
Home Occupation use is considered a Commercial Use - Vehicles and Equipment:
Repair, Body / Paint, or Upholstery Shop, which is a prohibited use within the Residential
/ Mobile Home Park zone district.
7-102: Comprehensive Plan and Intergovernmental Agreements
The Comprehensive Plan 2030 designates the site as RMH (Residential Medium High
Density) and as a Designate Center - Village Center. Excerpts from the Land Use
Description Chapter 2 are provided below.
Chapter 2 - Future Land Use
Residential Medium High (RMH)
Small farms, estates, and clustered residential subdivisions; density determined
by degree of clustering and land preserved in open condition:
0% open land = 1 du per -6 acres
50% open land = 1 du per 4 acres
70% open land = 1 du per 2 acres
Growth in Designated Centers
Self-contained subdivisions that contain town and neighborhood centers primarily to
serve their own populations. Their infrastructure and certain governmental functions are
provided by one or more special districts.
Village Centers
Village Centers are areas where there is a concentration of residential development
and commercial development that is intended primarily for the convenience needs of
surrounding residential development. This mix of uses may include educational,
institutional and civic uses.
Section 4 - Economics, Employment and Tourism
Vision The County has encouraged economic opportunity and diversity to
develop in strategic locations by designating a variety of areas as
employment and commerce centers. Designated areas have
encouraged business clusters to develop and incubators,
entrepreneurial and existing business have expanded into these
areas. The county has played a key role in providing traditional and
communications infrastructure to specific commerce centers.
As the auto repair service business primarily serves the local community, it is Staff's
opinion that the Home Occupation is in conformance with the Village Center designation
of the Comprehensive Plan. In addition, the location and design of the proposed facility
is in general conformance with the Comprehensive Plan Vision.
7-103: Compatibility
The Conditional Use Permit reviewed by the BOCC in 2000 was approved with
conditions that were appropriate to allow the automobile repair business as was
proposed while achieving the goal of the 1978 Zoning Resolution to "not create the
appearance or impact of a commercial activity". All of the proposed amendments to the
existing conditions of approval (extend hours of operation, allow vehicles to be worked
on outside, increase the number of customer vehicles onsite, allow signage and allow
non-resident employees) will generally decrease the compatibility of the business with
the surrounding residential properties. To this end, it is Staff's opinion that due to the
density of the residential subdivision that the aggregate impact of the amendments as
proposed are generally not compatible with the surrounding land uses.
7-104: Source of Water
The home is currently served with water. No changes to water demands are proposed
as a part of the application. Although the business is now to be open to walk-in
customers, the Applicant has not indicated that any waiting areas or rest room facilities
will be provided for customers.
7-105: Waste Water System
The home is currently served with wastewater facilities. No changes to wastewater
demands are proposed as a part of the application. Although the business is now to be
open to walk-in customers, the Applicant has not indicated that any waiting areas or rest
room facilities will be provided for customers.
7-106: Public Utilities
The home is currently served with public utilities. No changes to public utility demands
are proposed as a part of the application.
7-107: Access & Roadways
The Home Occupation was previously permitted. As part of this review process, the Staff
Report indicated that access is appropriate. No modification to access is proposed as a
part of this Land Use Change Permit amendment. The approval for the auto body repair,
welding and painting in 2000 anticipated 2 to 3 vehicles per week "to repair vehicles
owned by CME, Gallegos Corp., and Resort Express as well as occasional vehicles
owned by friends and relatives". While walk-in customers were not contemplated in the
original approval, it was also not specifically prohibited. In addition, the Applicant is
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requesting an increase in the number of vehicles onsite (indoors and outdoors) for
repairs from 3 to 8 as well as the ability to hire outside employees.
As the Applicant is proposing to increase the size of the business, an increase in vehicle
traffic is expected. Specific numbers of vehicles accessing the business was not
provided in the application nor were specific traffic counts represented in the application
as approved in 2000. According to the Institute for Traffic Engineers (ITE) Trip
Generation Manual, 8th Edition, an Automobile Care Center (Category 942) is expected
to generate 15.86 trips per 1,000 square feet. Staff understands that the business has
as a shop size of 1,200 square feet. To this end, the expected traffic generation for this
kind of business with walk-in traffic is expected to be 19.03 average daily trips (15.86 x
1.2). The ITE Trip Generation Manual states that a Single Family Dwelling Unit has an
expected traffic impact of 9.57 average daily trips. The cumulative traffic impact of the
business and single family dwelling unit is expected to be 28.6 (19.03 + 9.57) average
daily trips. While the business is expected to generate a volume of traffic that is
equivalent to approximately 2 single family dwelling units and is predicted to be
noticeable to surrounding property owners, it is not anticipated to require any road or
driveway improvements.
The application was referred to Road and Bridge, but no comments were received.
7-108: Natural Hazards
The Home Occupation was previously permitted. A review of identified hazards through
Garfield County GIS did not reveal any known hazards on the property.
7-109: Fire Protection
The Application was referred to Colorado River Fire Rescue, which has requested that
the owner allow inspection of the business on a yearly basis. In addition, concerns were
expressed regarding on street customer parking blocking the roadway. Should the
BOCC wish to allow the auto body, painting and welding business to have more vehicles
onsite then the 3 currently permitted, Staff recommends a condition of approval that the
owners allow Colorado River Fire Rescue to inspect the business on an annual basis as
well as a condition prohibiting on -street parking. The proposed amendments to the
application are not anticipated to increase the overall fire danger of the property,
however. The property is located across CR 335 from the Fire District's fire house and
is not located within an area with a high fire danger according to the Community Wildfire
Protection Plan (CWPP).
7-201: Agricultural Lands
With no new disturbed areas, no impact on agricultural land is anticipated.
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7-202: Wildlife Habitat Areas
As the Home Occupation is located within a dense residential subdivision and no new
disturbance areas are proposed, no impacts to wildlife are anticipated.
7-203: Protection of Water Bodies
As the Home Occupation is located within a dense residential subdivision and no new
disturbance areas are proposed, no impacts to water bodies are anticipated.
7-204: Drainage and Erosion (Stormwater)
As the Home Occupation is located within a dense residential subdivision and no new
disturbance areas are proposed, no new impacts to drainage and erosion are
anticipated.
7-205 Environmental Quality
No adverse impacts to environmental quality is expected as a result of the proposed
amendments.
7-206: Wildfire Hazards
See Section 7-109, above.
7-207 Natural and Geologic Hazards
See Section 7-108, above.
7-208: Reclamation
No new disturbance is expected which would require reclamation.
7-301: Compatible Design
See Section 7-103, above.
7-302: Off -Street Parking and Loading Standards
The Applicant has indicated that the property has parking for 4 vehicles inside the
garage, 4 vehicles in the driveway and additional space for 8 vehicles along Apple Drive
but off the pavement.
In accordance with the LUDC, the single family dwelling unit is required to have 2 spaces
while the auto body, painting and welding business is required to have 1 space per 250
Square Feet of Leasable Floor Area (Commercial Use — Retail, Service, or Office). The
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Applicant has represented that the business occupies a space of 1,200 square feet. As
a result, the auto body, painting and welding business is required to have 5 parking
spaces.
To this end, the auto body, painting and welding business in addition to the single family
dwelling unit require 7 off-street parking spaces. From the Applicants representations, it
appears that there is adequate off-street parking for the proposed business and
residential uses.
Comments were received Colorado River Fire Rescue. These comments state that "1
(Orrin Moon, Fire Marshal) do have concerns about added parking on the street and the
possibility of fire access being blocked by the parking. A 20' road way shall be maintained
at all times." As noted previously, should the BOCC wish to increase the number of onsite
vehicles above the 3 currently permitted, Staff recommends a condition of approval that
no business related parking shall be permitted on any adjacent roadway.
7-303: Landscaping
No changes to the physical characteristics of the site are proposed. The property is
currently landscaped consistent with that common for a single family home.
7-304: Lighting
No changes to the physical characteristics of the site are proposed.
7-305 Snow Storage
Adequate snow storage is available on the property where this facility is located.
7-306 Trails
The auto body, painting and welding business is within a residential subdivision. While
the local streets do not have trails or sidewalks, there is a new trail located behind the
property and along County Road 335.
7-702 Home Office / Business
A. Activities Incidental and Secondary
The residence of the person(s) conducting the Home Office/Business and all Home
Office/Business activities, shall remain incidental and secondary to the use of the
property for residential purposes. Child day care that takes place in a home is not
considered, for the purposes of this Code, a Home Office/Business.
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1. The amount of space used for the Home Office/Business activity, including any
storage, shall not exceed 25% of the total amount of Floor Area and unfinished
Basement, garages and storage areas, in which the business is operating.
2. The use shall not have the appearance of a commercial use.
The currently permitted auto body, painting and repair business is 37% of the total
combined home and garage floor area square footage. As a result, the proposed Home
Office / Business would not be permissible under the 2013 LUDC. However, Staff
understands that the Applicant does currently reside on the property with the auto body,
painting and welding business. This ratio is not proposed to change as a result of the
modifications to this permit.
While the square footage of the business is not proposed to change, the operations of
the business are proposed to increase from what was reviewed and permitted in 2000.
The anticipated impacts to the appearance of the property as a Home Office / Business
use are outlined below for each of the requests.
The Applicant is requesting to increase the hours of operation from 9AM — 5PM
Monday — Friday and 9AM — 12PM on Saturday to 8AM - 6PM Monday — Friday
and 8AM -3PM on Saturday. This increase in the hours of operation, particularly
on Saturday will mean more traffic and commercial activity during the hours when
more surrounding residents are at home. As a result, it is Staff's opinion that
increasing the hours of operation will increase the appearance and impacts
associated with the commercial activity.
Currently, the Applicant may have a maximum of 3 vehicles onsite for storage or
repair. In addition, all customer vehicles must be stored and worked on within the
existing shop. The Applicant is proposing to increase the number of customer
vehicles onsite to 8 and allow vehicles to be worked on outdoors. The purpose of
the condition as implemented in 2000 is specifically to limit the appearance as
well as visual and noise impacts of the commercial activity. Allowing work to be
conducted on vehicles outdoors will directly expose the impacts of the auto body,
painting and welding business to the surrounding property owners. The storage
of customer vehicles outdoors can similarly create the appearance of commercial
activity. As a result, it is Staff's opinion that allowing an increase in the number of
vehicles to be worked on and allowing work to be conducted outdoors will increase
the appearance and impacts of the commercial activity on the site. Commercial
uses which do not fit the Standards for a Home Office / Business are prohibited
in the Residential / Mobile Home Park zone district.
Signage is a clear indication of commercial activity. As a result, the approved
Permit does not allow for signage. The Applicant is requesting signage because,
as an auto body, painting and welding business with walk-in customers, it is
important to help guide customers to the establishment. It is Staff's opinion that
allowing signage will create the appearance and visual impact of the commercial
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activity on the site and is clearly not consistent with the LUDC. Commercial uses
which do not fit the Standards for a Home Office / Business are prohibited in the
Residential / Mobile Home Park zone district.
- The Applicant would like to hire employees which live off-site, but has not
specified how many. As will be discussed in a Section D, below, the hiring of 1
person living off-site is permitted under the current LUDC. While employees do
increase traffic and parking requirements, the traffic and parking impacts from 1
employee is not likely to be a perceptible impact to adjacent property owners.
B. Activity Contained
The activity shall be contained within a building.
The Applicant is requesting two changes that are impacted by the requirement that all
activity be contained within a building. These changes are outlined below.
The Applicant is requesting that the auto body repair, painting and welding be
permitted outdoors. Permitting the outdoor operations would bring the operation
out of compliance with the provision that the activity be contained within a building.
Commercial uses which do not fit the Standards for a Home Office / Business are
prohibited in the Residential / Mobile Home Park zone district.
- The parking of customer and other vehicles outside has been requested. The
parking of customer vehicles outside means that this activity would not be
contained within a building.
C. Provision of Mandatory Parking Spaces
The location of the Home Office/Business shall not interfere with the provision of
mandatory parking spaces for that property.
See Section 7-302, above.
D. Activities Conducted by Resident
All Home Office/Business activities must be conducted by the person(s) who reside at
the location. The activity may be supported by no more than 1 person living off site, such
as an employee, independent contractor, officer, agent, partner, volunteer, or any person
serving in any other capacity for the benefit of the Home Office/Business.
Staff understands that the Applicant resides at the subject property and also runs the
existing and proposed business. Condition #9 states that only the home owner and family
members may participate in the auto body, painting and welding business. The Applicant
is requesting to hire employees which resides off-site. The LUDC of 2013 permits the
hiring of one person living off-site. To this end, Staff recommends limiting the number of
off-site employees to one. With this limitation, the request is consistent with the LUDC.
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E. Disturbances
The Home Office/Business activity shall not result in any noise, fumes, dust, electrical
disturbance, or traffic reasonably objectionable to an Adjacent Property Owner.
The application that was approved in 2000 did not permit outdoor repair of customer
vehicles. The reason for this provision was to limit disturbance to neighboring property
owners and increase compatibility with the residential neighborhood. The proposed
amendments would allow customer vehicle repair outdoors. While the business is for
auto body repair, painting and welding, permitting operations to take place outdoors
within this dense residential subdivision will likely result in noise and fumes which are
objectionable to adjacent property owners.
In addition, by permitting walk-in service and expanded hours of operation, there will be
a notable increase in traffic as discussed in Section 7-107, above.
F. Display of Goods and Retail Sales
No Home Office/Business activity may include any window or outdoor display of goods,
any stock in trade, or any other commodities.
The Applicant has not proposed to display any goods or other commodities.
G. Signage
There shall be no signs advertising a Home Office/Business.
The Applicant has requested to install a sign for the business in order to let customers
know where it is located. This section of the LUDC is clear that signs are not permitted
as part of a Home Office / Business. The approval in 2000 also specifically prohibited
signage as it made the presence of the commercial activity apparent within the residential
subdivision.
V. SUPPLEMENTAL AND ADDITIONAL STAFF ANALYSIS
No supplemental information was submitted after the application was deemed technically
complete.
VI. RECOMMENDATION
Option 1 - Denial of Amended Conditions #4, #5 and #7, Approval of Amended
Condition #9
Staff finds that, with exception to the amendments proposed to Condition #9 (hire outside
employee), the proposed amendments do not meet the Standards for a Home Office /
Business within the LUDC of 2013, as amended. It is staff's opinion that unless the use
meets the Standards for a Home Office / Business in the LUDC of 2013, then the use is
considered a Commercial Activity (Vehicles and Equipment: Repair, Body / Paint, or
Upholstery Shop), which is a prohibited use in the Residential / Mobile Home Park zone
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district. As a result, Staff recommends Denial of the proposed amendments to condition
#4, #5 and #7 (change of verbiage for Signage condition) of the Conditional Use Permit
for a Home Occupation for an auto body, painting and welding business memorialized
by Resolution 2000-53.
Staff recommends Approval with Conditions of Amended Condition #9, allowing the
hiring of 1 employee that resides offsite as this amendment is consistent with the
Standards for a Home Office / Business.
In accordance with Section 4-106(B)(1)(b)(1), "the review of the application may result
in an approval, approval with conditions or denial of the amendment only. If the
amendment is denied, the Applicant's original approval is still valid." Should the BOCC
deny the application as proposed, Staff recommends the following Findings.
SUGGESTED FINDINGS
1. That proper public notice was provided as required for the hearing before the
Board of County Commissioners.
2. The hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that
all interested parties were heard at that meeting.
3. That for the above stated and other reasons the proposed Amendments to
Condition #4, #5 and #7 to the Conditional Use Permit for the Medina Home
Occupation for an auto body, painting and welding business are NOT in the
best interest of the health, safety, convenience, order, prosperity and welfare
of the citizens of Garfield County.
4. That for the above stated and other reasons the proposed Amendments to
Condition #9 to the Conditional Use Permit for the Medina Home Occupation
for an auto body, painting and welding business are in the best interest of the
health, safety, convenience, order, prosperity and welfare of the citizens of
Garfield County.
5. That portions of the application are in general conformance with the 2030
Comprehensive Plan, as amended.
6. That the proposed amendments to Condition #4, #5, and #7 have NOT
adequately met the requirements of the Garfield County Land Use and
Development Code of 2013, as amended.
7. That the proposed amendment to Condition #9 has adequately met the
requirements of the Garfield County Land Use and Development Code of
2013, as amended.
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Conditions of Approval
1. Condition # 9 in Resolution 2000-53 was originally approved as follows:
"No employees are allowed for the home occupation. Only the property owner, and any
family members residing at the subject property may be involved in the home
occupation."
This Condition #9 shall be modified to:
"The property owner, any family members residing at the subject property and one (1)
person living off site, such as an employee, independent contractor, officer, agent,
partner, volunteer, or any person serving in any other capacity for the benefit of the Home
Office/Business may conduct the activities of the operation."
2. Condition #7 of Resolution 2000-53 was originally approved as follows:
No signs advertising the home occupation may be placed anywhere on the subject
property.
This Condition #7 shall be modified to: (maintain original intent, but change verbiage to
match LUDC Section 7-702(G))
There shall be no signs advertising the Home Office / Business.
Option 2 - Denial of Amended Condition #5 and #7, Approval of Amended
Condition #4 and #9
As this application was approved as a Conditional Use Permit under the 1978 Zoning
Resolution, should the BOCC wish to approve both the extended hours of operation and
the hiring of employees who reside offsite, Staff recommends the following Findings and
conditions of approval. Staff recommends maintaining condition #5 (limiting the number
of vehicles and requiring work to be conducted inside) and #7 (prohibiting signage) as it
exists today in order to increase conformity to the LUDC, minimize impacts to adjacent
property owners and prevent the use from being considered Commercial.
SUGGESTED FINDINGS
1. That proper public notice was provided as required for the hearing before the
Board of County Commissioners.
2. The hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that
all interested parties were heard at that meeting.
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3. That with the adoption of waiver from the Home Office/Business standards,
the application has adequately met the requirements of the Garfield County
Land Use and Development Code, Section 7-702(A)(2).
4. That for the above stated and other reasons the proposed Amendments to
Condition #5 and #7 to the Conditional Use Permit for the Medina Home
Occupation for an auto body, painting and welding business are NOT in the
best interest of the health, safety, convenience, order, prosperity and welfare
of the citizens of Garfield County.
5. That for the above stated and other reasons the proposed Amendments to
Condition #4 and #9 to the Conditional Use Permit for the Medina Home
Occupation for an auto body, painting and welding business are in the best
interest of the health, safety, convenience, order, prosperity and welfare of the
citizens of Garfield County.
6. That with the adoption of conditions, the application is in general conformance
with the 2030 Comprehensive Plan, as amended.
7. That the proposed amendments to Condition #5 and #7 have NOT adequately
met the requirements of the Garfield County Land Use and Development Code
of 2013, as amended.
8. That the proposed amendment to Condition #4 and #9 have adequately met
the requirements of the Garfield County Land Use and Development Code of
2013, as amended.
Conditions of Approval
1. Condition # 4 in Resolution 2000-53 was originally approved as follows:
Hours of operation will be restricted to 9:00 a.m. to 5:00 p.m., Monday through Friday,
and from 9:00 a.m. to 12.00 p.m., on Saturdays. No Sunday operations will be allowed.
This Condition #9 shall be modified to:
Hours of operation will be restricted to 8:00 a.m. to 6:00 p.m., Monday through Friday,
and from 8:00 a.m. to 3:00 p.m., on Saturdays. No Sunday operations will be allowed.
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2. Condition #7 of Resolution 2000-53 was originally approved as follows:
No signs advertising the home occupation may be placed anywhere on the subject
property.
This Condition #7 shall be modified to: (maintain original intent, but change verbiage to
match LUDC Section 7-702(G))
There shall be no signs advertising the Home Office / Business.
3. Condition # 9 in Resolution 2000-53 was originally approved as follows:
No employees are allowed for the home occupation. Only the property owner, and any
family members residing at the subject property may be involved in the home occupation.
This Condition #9 shall be modified to:
The property owner, any family members residing at the subject property and one (1)
person living off site, such as an employee, independent contractor, officer, agent,
partner, volunteer, or any person serving in any other capacity for the benefit of the Home
Office/Business may conduct the activities of the operation.
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