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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) 11 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 14 Efi'kc, elv ; n sPluesf-- Az 4,144-7c4t-vrr- o(c'P 15 Lev/ i flo..u, i oiel -,.a,d 6'.--, c to s 16 6.0.! / i -.1A-7 ri77 4 17 18 ReSCCNVVe. c.k64C t (/I '4 th BOCC 7/20/15 File No. CUAA-8289 DP 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 1 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. 2 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. 4 Photos of Site - From Apple Drive 5 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. 6 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 8 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. 9 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 10 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. 11 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 12 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. 13 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 14 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. 15 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. 16 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. 17 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. 18