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HomeMy WebLinkAbout3.0 BOCC Staff Report 09.21.2015Board of County Commissioners — Public Hearing Exhibits Richard Medina Conditional Use Permit — Substantial Amendment September 21, 2015 (File CUAA-8289) Exhibit Letter (Numerical) Exhibit Description 1 Public Hearing Notice Information for July 20, 2015 2 Proof of Publication for July 20, 2015 3 Receipts from Mailing Notice for July 20, 2015 4 Photo evidence of Public Notice Posting for July 20, 2015 5 Garfield County Land Use and Development Code, as amended 6 Garfield County Comprehensive Plan 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 Petition to Deny request for amendments to Conditional Use Permit 15 Letter from Richard Gonzales 16 Letter from the New Castle Police Department 17 Public Hearing Notice Information for September 21, 2015 18 Proof of Publication for September 21, 2015 19 Receipts from Mailing Notice for September 21, 2015 20 Photo evidence of Public Notice Posting for September 21, 2015 BOCC 9/21/15 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 # 218103201002 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 ACCESS EXISTING ZONING 0064 Apple Drive, New Castle. The Home Occupation is accessed by Apple Drive. The property is zoned Residential / Mobile Home Park. I. GENERAL PROJECT DESCRIPTION This application was first scheduled before the BOCC on July 20, 2015. Due to defect in notice, the hearing was rescheduled to September 21, 2015. Notice in the form of publication, certified letters to adjacent property owners and mineral owners as well as property posting has all been redone for the September 21 hearing date. 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. 1 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 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 Subject Parcel Town of New Castle 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, 81h 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 "I (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 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 ##shall be modified to: Hours of operation will be restricted to 8:00 a.m. to 6:430 p.m., Monday through Friday, and from 8:00 a.m. to..3e190 p.m., on Saturdays. No Sunday operations will be allowed. ` 2. Condition #7 of Resolution 2000-53 was originally approved as follows: 17 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: 2_, The property owner, any family members residing at the subject property and_one--(17 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. Ct�c�``�►d✓� mss' _ - A110,,/ U i s tpe b, t `c 40s de 6, id ty, Z G s 6 /d/ 18 EXHIBIT Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. ❑ My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the day of , 2015. /7—All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] !� • Please attach proof of certified, return receipt requested mailed notice. O My application required Published notice. ( Notice was published on the ( day of �,�/, , 2015. ■ Please attach proof of publication in the Rifle Citizen Telegram. FIT My application required Posting of Notice. l Notice was posted on the J-20 day of C -6/Z1-- , 2015. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: l& "_�l/'V# Signature: - i ,1144 6 Date: 7 /-/ 06/17/15 Account 1009112 Name GSPI House- no employ Phone (970)945-8515 Address 824 Grand Ave City Glenwood Springs State CO Zip 81602 Receipt of Payment Swift Communications Credit Card Type V Num ********************* Auth 004763 Expir &&/qR Country Code US Start 06/25/15 Paytype CC Issues 1 Stop 06/25/15 Rate Code VCT Class 0990 Copy ct Medina Conditional Use Permit Amount Tax Amount Paid Payment Due 42.17 Rep 0.00 Ad # 42.17 Paytype Balance Receipt No Received by Date Original Receipt of Payment 0.00 8PI75 11284713 Credit Card 0 EXHIBIT Ler Vr';' oaxr,P!m. 1.4sm.lay 2,01 201S Ad shown is not actual print size 325 Words 1 cols x 4.77 inches Ad Size 06/17/15 Account 1009112 Name GSPI House- no emplov Phone (970)945-8515 Address 824 Grand Ave City Glenwood Springs State CO Zip 81602 Swift Communications Credit Card Type V Num ********************* Auth 004763 Expir &&/qR Country Code US Start 06/25/15 Paytype CC Issues 1 Stop 06/25/15 Rate Code VCT Class 0990 Copy ct Medina Conditional Use Permit Amount Tax Amount Paid Payment Due 42.17 Rep 0.00 Ad # 42.17 Paytype Balance Receipt No 0.00 8PI75 11284713 Credit Card 0 10:41 AM KRLlc NO10E TAME MoncE Ger_Illeid County .-,id Patcel Num., Ad shown is not actual print size 325 Words 1 cols x 4.77 inches Ad Size Received by Date Customer Copy Ad ID i 11284713 Date 106/17/2015 PUBUC NOTICE TAKE NOTICE that the Richard Medina has ap- plied to the Board of County Commissioners. Gar- field County. State of Colorado. to request approv- al of amendments to a Conditional Use Permit for a Home Occupation on a property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: Section: 3 Township: 6 Range: 91 Subdivision: MOUNTAIN SHADOWS SUBDIVISION Block: 2 Lot: 14. County of Garfield. State of Colorado Garfield County Assessor Parcel Number: 2181-032-01-002 Practical Description: 64 Apple Drive, New Cas- tle. CO 81647 Project Description; This is a request for an amendment to a Conditional Use Permit (CUP) for a Home Occupation (Auto Body Repair. Paint- ing and Welding). The Applicant and property owner proposes to modify conditions of approval for the CUP memorialized in Resolution 2000-53. The Applicant is requesting that the Permit be amended to allow: an increase in the number of customer vehicles onsite, work outside the garage, signage. to employ non -family members, and ex- tended hours of operation. The Property is zoned Residential/Mobile Home Park. All persons affected by the proposed plan are invited to appear and state their views, protest or support. If you can not appear personally at such hearing. then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request. The applica- tion may be reviewed online (http: www.garfield- county:com.community-development planning - pro. t-inf©Lmatiotaspx) or at the office of the Planning Department located at 108 8th Street. Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m.. Monday through Friday. A public hearing on the application has been scheduled for Monday, July 20th, 2015 at 1:00 P.M. in the in the County Commissioners Meeting Room. Garfield County Administration Building. 108 8th Street. Glenwood Springs, Colorado. Planning Department Garfield County Published in the Citizen Telegram June 25, 2015. (11284713) Ad shown is not actual print size Time i 10:33 AM EXHIBIT 1 U.S. Postal Service" CERTIFIED MAL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'. sallied Mail Fee :xtra Services & Fees (check box, add fee as appropriate) o Return Receipt (hardcopy) 0 Return Receipt (electronic) o Certified Mall Restricted Delivery $ Adult Signature Required o Adult Signature Restricted Delivery $ aostage Total Postage and Fees sentyy etdApt.7Vo., orls x fro. ,e34 'Citii,Weire;21 Postmark Here PS Form 3800, April 2015 PSN 7530-02-000-9047 73o See Reverse for Instructions U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information. visit our website at www.usps.cotn'', rc7 Certified Mail Fee Extra Services & Fees (check boxadd lea k kra,opfoprfate) O Retum Receipt (hardCOPY) 0 Return Receipt (electronic) o Certified Mat Restricted Delivery $ 0 Adult Signature Required °Adult Signature Restricted Delivery $ Postage Total Postage and Fees Sent To j 0 syz, (7;fts. -Street andAiit:Nii.:BIP .1/47 tity, State, 2IP+4°- PS Form 3800, ApriI2015 PSN 7530-02-000-9047 See Reverse for Instructions Postmark Here U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'". Certified Mail Fee Extra Services & Fees (check box, add fee es appfcpriate) °Return Receipt (hardcopy) 0 Retum Receipt (electronic) o Certified Mall Restricted Delivery $ o Adult Signature Required $ o Adult Signature Restricted Delivery $ • Postage $ Total Postage and Fees Sent To 7,4:#46., /71 1441: /'"C Street sryfAiiiNo., or FTO-13-614 City, State, 2iP+4® Postmark Here , - PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 1. . iosta ervice CERTIFIED MAIL® RECEIPT Domestic Mail Only F.r.-Iiv-info • 1/1 [LD Certified Mail Fee Extra Services & Fees (check box add fee akappropffale) o Return Receipt (hatdcopy) 0 Return Receipt (electronic) $ ['Certified Mail Restricted Delivery $ °Adult Signature Required ['Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees $ sontTof,J/4/viz, D "Street apap", or POBox r- • -154 -44 - L n rR m rR Ln Q u-) (=I nJ rR m r- Lfl r-4 1-1 CI r- Postmark Here 4_ 5-'// P t Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'. cr47,..7 Lra Certified Mail Fee Extra Services & Fees (check box, add fee asopproprtale) 0 Retum Receipt (hanicopy) 0 Return Receipt (electronic) 0 Certified Mall Restricted Delivery $ °Adult Signature Required Adult Signature Restricted Delivery $ Postage Total Postage and Fees $ Postmark Here Sent Tri_ "gtr*-455(110 --fp., or City, State,2113+-44---A fio v..4.Zirs- ei• 'OS Form 3800, A • ril 2015 PSN 7530-02-000-9047 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.comt. n 9 ) Certified Mail Fee Extra Services & Fees (cheek box. add fee as appropriate) o Retum Receipt (hardcopy) o Return Receipt (electronic) °Certified Mail Rtricted Delivery $ °Adult Signature Required °Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees $ Postmark Here Sent To / 4./X r A/ &reef and rivo., 15 City, Slate, 2IP+45 LQK 6-0 7 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instruction U.S. Postal Service" ;CERTIFIED MAIL® RECEIPT 'Domestic Mail Only For delivery information, visit our website at www.usps.com'. Certified Mail Fee Extra Services & Fees (chock box add togas appropriate) o Retum Receipt (hardcopy) o Return Receipt (electronic) Certified Mali Restricted Delivery $ Adult Signature Required o Adult Signature Restricted Delivery $ Postage $ Total Postage and Foos Sent Toi/ 117 -Sireet nd No., Pb 7x No. • City, Sta e,zlP 40. PS Form 3800, April 2015 PSN 7530-02-000-9047 Postmark Here /6 See Reverse for Instructions U.S. Postal Service - ;CERTIFIED MAIL® RECEIPT ,Domestic Mail Only !For delivery information, visit our website at www.usps.com'. r Z7 Certified Mall Fee Extra Services & Fees (check box, add fee as appropriate) o Retum Receipt (hardcopy) $ o Retum Receipt (electronic) $ • [(Certified Mail Restricted Delivery $ • • o Adult Signature Required o Adult Signature Restricted Delivery $ Postage $ total postage and Fees SJ Sent SNE,An Postmark Here 7L7 Clcia:b7rd City, State, ZIP+4* Zc' g./., 4/ PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instruction U.S. Postal Service - CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.cor0. U. . Posta ervice CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com0. p Certified Mail Fee Extra Services & Fees (check box. add fakes appmpriate) o Return Receipt (hardcopy) o Retum Receipt (electronic) D Certified Mall Restricted Delivery $ D Adult Signature Required o Adult Signature Restricted Delivery $ Postage Total Postage and Fees Postmark Here Sent To ,(5-7s,e/Z. Street and I. No rBox No. tity, State, ZIP4-4vA PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions U.S. Postal Service - CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.conto. rx , --'"F Li C., il be Certified Mail Fee $ Postmark Here Extra Services & Fees (check box. add fee as appmpnato) Di Return Receipt (hardcopy) D Retum Receipt (electronic) $ o Certified Mail Restricted Delivery $ ['Adult Signature Required $ D &itt Signature Rcstricted Delivery $ Postage $ Total Postage and Foes $ Sent •,-- /1/7( 4./71' "Meet andApt. No.; No. ,\<— ,2---- Csty, -,•'-.S— r. 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Postage and Fees 5 Postmark Here Sent To J 4t z4 Street andApt No., or Pa Box No. ic),e,fr .c7 6 c'7 bty, &tate, ziP+46 41 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 5173 1686 7015 0640 0004 Er r- -n r-1 m r -R D tri D D fi Certified Mail Fee Extra Services & Fees (check box, add fee es appmpriate) O Retum Receipt (hardcopy) o Return Receipt (electronic) $ • o Certified Mail Restricted Delivery S ▪ Adult Signature Required Adult Signature Restricted Delivery $ Postage Total Postage and Fees $ 111 Sent To rR DStreet and Apt. No or Palk r- -City, State, ZIP+4* •.- Postmark Here J4/ Lr2/ZC See Reverse for Instructions P Form 3800, April 2015 P:SN 7530-02-000-9047 U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'.:; ertifled Mail Fee Extra Services &Fees (cheek box. add reo.as eppropnate) ❑ Return Receipt (hardcopy) o Return Receipt (electronic) $ Certified Mail Restricted Delivery $ o Adult Signature Required $ [(Adult Signature Restricted Delivery $ Postage Total Postage and Fees Sent To v _1c -4- ®treetand Apt. No.,orPOBox No�/e/e /moi j Postmark Here CO, State, ZIP+4e PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions EXHIBIT NOTICE TAKE NOTICE n{� That 17•i•/4lPol,nq has applied to the Garfield, County pursuant to dE+ to allow: Cr r9od 1^• Co PGA ti? Q_ C�.a i ,,,C 'r 9e/ a 14..4t, epee p )44.7 on this property.t A public tie.r,%7q will be held in the &gree piC �'yr r4�yyy CoLun& .qi1 .46 .atti&l_fr_fatti Glenwo Springs, Colorado \/ on (Guy VVV ZOLS— at 1'.0 R-/ on this application Date Notice Was Posted: By: i For additional information, contact the M D at(94) 9 rfS t..P riz or , 108 8th St. Suite y o / , Glenwood Springs, CO 816011 Colorado River Fire Rescue EXHIBIT David Pesnichak Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Reference: CUAA-8289 Medina- Home Occupation- CUP Amendment June 29, 2015 David, I have reviewed the referral request of Richard Medina for his Auto Repair Shop, along with a site visit. This file number is CUAA-8289 and I have the following comments for this proposed CUP amendment. 1. I request that CRFR crews be allowed by the owner to Pre -Plan and inspect the business for Fire Code violations on a yearly basis. 2. I 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. I believe that the added parking should be addressed with a parking plan. Thank you for allowing CRFR to make comments on this amendment. Please contact me with any questions or concerns. Orrin D. Moon, Fire Marshal EXHIBIT 1 CONDITIONAL USE PERMIT Medina Horne Occupation In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2000-53 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Conditional Use Permit, the following activity: Home Occupation on the tract of land described in Resolution No. 2000-53 and in Garfield County, Colorado: The within Conditional Use Permit is issued subject to the conditions set forth in the above- mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. BOARD OF COUNTY COMMISSIONERS GARFiRE D COUNTY, COLORADO Cha. 61 -ZZ-()) Date 1101 111 111111 1 111 11111 11111 111 11111 1111111 585242 08/21/2080 12123P 81113 P689 n t1LSDORF , 1 or 4 R 0.80 D 0.08 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on y the 9 qth day of June A.D. 20p0 , there were present John Martin , Commissioner Chairman Walt Stowe , Commissioner Darty McCoyyn , Commissioner Don Deford County Attorney Mildred 61sdorf , Clerk of the Board Ed Green County Administrator when the following proceedings, among others were had and done, to -wit. RESOLUTION NO 2090-53 A RESOLUTION CONCERNED WITH ME APPROVAL OF A HOME OCCUPATION CONDITIONAL USE PERMIT APPLICATION FOR RICHARD MEDINA. LEGAL DESCRIPTION 0064 APPLE DRIVE, NEW CASTLE LOT 14, BLOCK 2, MOUNTAIN SHADOWS SUBDIVISION, AS AMENDED. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Richard Medina, concerned with a Home Occupation Conditional Use Permit 10 allow for the use of the subject property as a Home Occupation for auto body repair, painting, and welding; WHEREAS, the Board held a public hearing on the 5th day of June, 2000, upon the question of whether the above-described Home Occupation Conditional Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Conditional Use Permit; and WHEREAS. the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: EXHIBIT 1111111111111x1111111 {111 illllii 11111 (1111 Ili iii 56'5242 %/21/2800 12i23P 01193 P598 11 tlt soDRF 2 of 4 R 0.00 D 0.80 GP FIELD COUNTY CO 1. That proper posting and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matins and issues were submitted and that all interested parties were heard at that hearing. 3. That for the above stated and other reasons, the proposed Conditional Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Home Occupation Conditional Use Permit be and hereby is approved to allow for the use of a auto body repair, painting, and welding facility, upon the following specific conditions: 1. That all representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. Appropriate building permits will have to obtained for the proposed shop. 3. The side yard setbacks of the proposed shop will have to be at least len feet (10). 4. 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. 5. A maximum total of three (3) vehicles may be stored and/or worked on, inside, on the premises at any one time. 6. A six foot (6') privacy fence must be constructed by the applicant along the southern boundary of the subject lot. 7. No signs advertising the home occupation may be placed anywhere on the subject property. B. All operations of the home occupation must be conducted within thc dwelling or accessory building (proposed shop), including the storage of any and all cars, equipment and material. No employees arc allowed for the home occupation. Only thc property owner, and any family members residing at the subject property may be involved in the home occupation. 10. Any non-domestic liquid waste produced by the home occupation must be stored in a non - discharging vault within the proposed shop and disposed of in a landfill that can accept the waste. No non-domestic liquid waste may be disposed of in the water or sewer system. Ali 111111111111111111111111111I111111101111111111111 E85242 86/21/2000 12:23P 81193 PS91 M ALSOORF 3 of 4 R 0.00 D e.ea GARFIELD COUNTY CO other waste must also be stored within the proposed shop and disposed of in a landfill that can accept the waste. Any leak9 of liquid materials or waste must be cleaned up to prevent any danger to people. 11. Any violation of the terms, interpretations or agreements made or represented to Garfield County by the applicant pertaining to or included in this conditional use permit, shall be considered a breach of the terms of conditions and the applicant shall cease and desist all activities and may be subject to revocation of the conditional use permit Dated this 1 9thday of June ATTEST: , A.D. 24Q0 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD 'COUNTY, COLO • "O Chairm Upon motion duly mule and seconded the forgoing Resolution was adopted by ee following vote: COMMISSIONER CHAIRMAN JOHN F. MARTIN COMMISSIONER WALTER A. STOWE LUMMI SlUbLit m L. taC[.'Own ,Aye Aye Aye STATE OF COLORADO ) )ss County of Garfield ) 1 County Clerk and ex -officio Clerk of the Board of County Conunissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this _ day of A.D. 24 111111111111111111 Illi 1111111111111111111111111111111 5632242 eb/21/2@00 12:23P 91133 P632 11PLSDORF 4 of 4 R 0.00 D C.60 GRRFIELD G011iTY CO County Clerk and ex -officio Clerk of the Board of County Commissioners REOUEST: EXHIBIT 9 S BOCC 06/05/00 PROJECT INFORMATION AND STAFF COMMENTS A request for review of a Conditional Use Permit to allow a Home Occupation (auto body repair, painting, and welding). APPLICANT: Richard Medina. LOCATION; 0064 Apple Drive, New Castle, Colorado. Lot 14, Block 2, Mountain Shadows Subdivision, as amended. South of Interstate 70, off of County Road 335. SITE DATA; Approximately 11,500 square feet. A house and garage currently exist on the property. A 1,225 square foot (35' x 35') shop is proposed to be built to be used for proposed home occupation . ACCESS: Apple Drive (Platted subdivision road). WATER: Central Water (Talbott Enterprises). SEWE$; Central Sewer (Talbott Enterprises). EX1STCNG2ONING; R-MH/GTUD - Residential - Mobile Home/General/Urban Density SURROUNDING ZONING: R-MH/G/UD 1. INTRODUCTION/DESCRIPTION OF THEPROPOSAL: The applicant, Richard Medina, has approached the county to receive a Conditional Use Permit for the purpose of allowing a Home Occupation for auto body repair, painting and welding. The subject property is currently occupied by a house and a garage. Access is directly off of Apple Drive (a platted subdivision road). The applicant wants to build an additional thirty five by thirty five foot (35' x 35), one thousand two hundred twenty-five square foot (1,225 square foot) shop for the purposes of running the home occupation within. Appropriate building permits will be required. In addition, the south side yard setback as shown on the submitted sketch is three feet (3'), this must be a minimum of ten feet (10). The purpose of the business is to repair vehicles owned byelvIE;Gallgoes Corp., and Resort Express as well as occasional vehicles owned by friends and relatives. 1 Hours are proposed to be Monday through Friday, 9:00 a.m. to 5:00 p.m., and occasionally on Saturdays from 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. A six foot (6') privacy fence is proposed for the south boundary of the property. No signs (anywhere on the property) and a six foot (6') privacy fence on the south boundary as proposed by the applicant will be conditions of any approval. There is an existing fence on the north side and an existing fence with shrubs on the east side. Staff notes that the applicant has submitted a "petition" signed by several neighbors in support of the proposed Home Occupation (See submittal package). II. RELATIONSHIP TO THE COMPREHENSIVE PLAN This application appears to be in compliance with the Garfield County Comprehensive Plan,1984. III. GARrit✓LD COUNTY ZONING RESOLUTION; Section 3.11 R-MH/G/UD - Residential - Mobile Home/General/Urban Density of the Zoning Resolution allows home occupations as Conditional Uses. Section 2.02.29 of the Zoning Resolution defines Home Occupation as, "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." As per this definition, all operations of this proposed home occupation will have to be conducted within the dwelling or accessory building (as proposed) including the storage of any and all cars, equipment and material so as not to create the appearance or impact of a commercial activity. Section 5.03 Conditional and Special Uses states: As listed under Zone District Regulations, conditional and special uses shall conform to all requirements listed thereunder and elsewhere in this Resolution plus the following requirements: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; Central water and sewer are available to the property. Staffnotes that no non - 2 (2) (3) domestic liquid waste from the operation of the home occupation may be disposed of in the water or sewer system. Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; The property is accessed by Apple Drive, a platted subdivision road. Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. As represented by the applicant, a six foot (6) privacy fence will be constructed along the south boundary of the property, and fences already exist along the north and east boundary lines. 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. In addition, as noted earlier, the applicant has submitted a "petition" signed by several neighbors in support of the Home Occupation. IV. STAFF COMMENTS; Staff notes that no employees will be allowed for the applied for Home Occupation. Only the property owner, and any family members residing at the subject property may be involved in the home occupation. Further, any non-domestic liquid waste produced by the home occupation must be stored in a non -discharging vault within the proposed shop and disposed of in a landfill that can accept the waste. All other waste must also be stored within the proposed shop and disposed of in a landfill that can accept the waste. Any leaks of liquid materials or waste must be cleaned up to prevent any danger to people. V. SUGGESTED FINDINGS; 1. That proper posting and public notice was provided as required for the hearing before the Board of County Commissioners. 2. That 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 3. That for the above stated and other reasons, the proposed Conditional Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. RECOMMENDATION ION Staff recommends APPROVAL, with the following conditions of approval: 1. That all representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. Appropriate building permits will have to obtained for the proposed shop. 3. The side yard setbacks of the proposed shop will have to be at least ten feet (10'). 4. 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. 5. A maximum total affirm (3) vehicles may be stored and/or worked on, inside, on the premises at any one time. 6. A six foot (6') privacy fence must be constructed by the applicant along the southern boundary of the subject lot. 7. No signs advertising the home occupation may be placed anywhere on the subject property. 8. All operations of the home occupation must be conducted within the dwelling or accessory building (proposed shop), including the storage of any and all cars, equipment and material. —� 9. 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. 10. Any non-domestic liquid waste produced by the home occupation must be stored in a non -discharging vault within the proposed shop and disposed of in a landfill that can accept the waste. No non-domestic liquid waste may be disposed of in the water os sewer system. All other waste must also be stored within the 4 proposed shop and disposed of in a landfill that can accept the waste. Any leaks of liquid materials or waste must be cleaned up to prevent any danger to people. 11. Any violation of the terms, interpretations or agreements made or represented to Garfield County by the applicant pertaining to or included in this conditional use permit, shall be considered a breach of the terms of conditions and the applicant shall cease and desist all activities and may be subject to revocation of the conditional use permit. 5 7,1 a) _ • 12 ac) -Da) i U a) c(1) O > -N -0 a) E E 0) O U C C0 O U) U -0 v a)Q) kso a) 0 0 a U ths 92Pa 0 �' ) tea; •— ``) U c c Q • ai O CU a u) - o 13- -0 ro C c 76 'Es O -O co• s0 V a) 0 0 0) (11 a) c E c 4-, O :173 0) L) 0) O • (0 O O N 0' a) c c 0 O 4) l) c O 0 0 a) 4-, 0 v 0 co C7 4.4 c6 a) CU 01 i c co Eo tn c o 0 �+ Y CO d ra 0 L)1, \\ , t--- ‹..,- _-.. c.. ‘Y\ ------„. I. 1/4*' .. -_-,... .1.... \r) .;\ .\\' , in N. ( t, 1-n '"" r% (,) 0:), ik V kvn "IT‘fi; c— ix, -Z. '•-• c-- Comment Address 41 0 toi &) c). -*-. .) 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Qe i 2.'' va A 1 0 Q Address 1. t.) -iii '1- qN0.. 0 , -r 0 N , \ j q 1, Q � ___..) q4`,. _� , \I V " Noo kI 4 c, , 1 10 6)b- Signature 414 s,,,....., 4 ."- Printed Name ___, ,), i.-)-4„ ,1 %-,;., 1 pt 4 V ADy X h `y�,., .J 4 c lendment E gaga 0") 0_ a) -10 En_ 13 a.) ci O > U) -0 1.../"./ E o b c >- - C a„) o co u ms 0 (-9 130 a) la ▪ 0 V) cuI1) Cr 2 al o V) a) z 'Es a3- .0 en 5 4-, — 0 C c a) eL < 1. ,„ (0 (1) 03 .0 13 • (1) (OOI _c (1) (f) C C C • •C (1.1 113 o= E -32(0 err 4- _C (t: o C Ce .0 4- t▪ n Q.) 0 a) 10 4_, cri 7.7) L) o E u a) -▪ C) 6•• 4-, -13 E s (i) Action petitioned for Date l ,fb ' Comment C- 7- o d, 0 ‘::/ .:).i c ,. -t• 3 cb --71- Q) 1... 4 dr 0 %._fr °' .n V Q.- • : di '' • Qt• ___L_ 3 -- .) .._ s: (ac., W, -_--.'_ N.) i a 0.) ---1_ 17. •co VI A ' zi —In ',?, -2 0 r Z tu Ct 1-- 6 eSs 7t-- 1 1) -1 < q 4-- .36 ---52 cscs, et-, f -X) Signature 'NI K.,---- fr:ji i 11 P 1 ---__ r -A Printed Name re) c -f•', .---0 --,/- ,...) s. ---- ,.5 - -_, )1, '--- --- ,. v , ,1 '`..- d i 2 _1 1 '--) - If A 2A -1) ...5,_. i - . Z (.) i 0 l'Is. ,...4 ea Y -01\(\ (Y1 %%'\Urb 1(\o„„y . \azuo.. \Y� cp--AyaHt ai t tnd ► n�� \) \ q` \ u ‘ c\,4 ()(`9-1 C `-'eY n `f o n"-\ ICY '\t\(\S J 0 sfz, GNN6 r Q b\t v V -\\''L\C W Q6\\(\.Q_ GYM Au, 11 " o N \P -k -\'`t f6k.( Ca?-exCA)6i) S- ./01v1At T. woo_ ),(0 Ckkk c '\\,L. vf\t) \)wk T \ -ES' \(-2 0\4?Y`e-s (-(3\(\ e nUZ- 06\6\c- SSS , jAi\ELA ext gkC(.)(r 0 0\().c_ c_'C� G 0 \0- .\ 'Cu`\ < ah\i\5� k \ \r\o„\_ \ S MACS, c--Az--Az �.`(� '�Yscy iN�.�,S ,tee., G`c r G^c� -(b \mss � s� \ �l:CWM"C� \ 1\i �bS C(� � cab 1 � � �, 1 n ��lznr \�\ L CL. �``1 T004 G C-ex'c--c n `ry e, \ 0)nbc,Y EXHIBIT D\1v- \AOL\- 13( x\10 - ALA-- 5u15 "Burning Mountain" - 1888 To whom it may concern: Reference Mountain Shadow Auto EXHIBIT i�> The New Castle Police Department 450 West Main - Post Office Box 90 New Castle, Colorado 81647 (970) 984-2302 The New Castle Police Department has utilized Mountain Shadow Auto for many years to perform high quality repair services for our emergency fleet. Rich and his staff continue to perform professional repairs which are valuable services to our agency. Sincerely Tony Pagni Chief of Police Town of New Castle r EXHIBIT Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. ErMy application required written/mailed notice to adjacent property owners and mineral owners. v Mailed notice was completed on t day of 2015. All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] tJ� ■ Please attach proof of certified, return receipt requested mailed notice. Fq---My application required Published notice. Notice was published on the _SC day of J Lc L L/ , 2015. ■ Please attach proof of publication in the Rifle Citizen Telegram! TY ---My application required Posting of Notice. Notice was posted on the /day of 2015. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify th t,the . bove information is true and accurate. Name: Signature: Date: � "7, 7- /_5.` . L,ustomer: mart house- no employment Your account number is: 1009112 PROOF OF PUBLICATION THE RIFLE CMZEN TELEGRAM_ STATE OF COLORADO, COUNTY OF GARFIELD I. Michael Bennett, do solemnly swear that I am Publisher of The Rifle Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado. and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof. and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7/30/2015 and that the last publication of said notice was dated 7/30/2015 the issue of said newspaper. In witness whereof, I have here unto ly hand this 07/31/2015. Michael Bennett, Publisher Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 07/31/2015. My Commission Expires 11(01,2015 SA— Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 t AKt NO 11Ct that the Richard Medina has ap- plied to the Board of County Commissioners, Gar- field County, State of Colorado, to request approv- al of amendments to a Conditional Use Permit for a Home Occupation ori a property situated in the County of Garfield. State of Colorado. to -wit Leoal Description: Section: 3 Township: 6 Range: 91 Subdivision: MOUNTAIN SHADOWS SUBDIVISION Block: 2 Lot: 14. County of Garfield State of Colorado Garfield County Assessor Parcel Number: 2181-032-01-002 Practical Description: 64 Apple Drive. New Cas- tle. CO 81647 Project Descriotion• This is a request for an amendment to a Conditional Use Permit (CUP) for a Home Occupation (Auto Body Repair. Paint- ing and Welding). The Applicant and property owner proposes to modify conditions of approval tor the CUP memorialized in Resolution 2000-53. The Applicant is requesting that the Permit be amended to allow: an increase in the numoer of customer vehicles onsite, work outside the garage, signage, to employ non -family members. and ex- tended hours of operation. The Property is zoned Residential/Mobile Horne Park. All persons affected by the proposed pian are invited to appear and state their views, protest or support. 1t you can not appear personally at such hearing, then you are urged to state your views by tetter. as the Board of County Commissioners will give consideration to the comments of surrounding property owners. and others affected. in deciding whether to grant or deny the request. The applica- tion may be reviewed online fhtto: www gartietd- County-Com.communitv-devetooment planning, project -information aspxi or at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs. Colorado between the hours of 8:30 a.m. and 5:00 p.m-, Monday through Friday. A public hearing on the application has been scheduled for Monday, September 21, 2015 at 1:00 P.M. in the in the County Commissioners Meeting Room, Garfield County Adm:nis,ration Building. 108 8th Street. Glenwood Springs. Colo- rado Planning Department Garfield Ccunty Published in the Citizen Telegram July 30 2015. (113929221 EXHIBIT Pi D rn r=1 rn r- ra 111 D ED 1=1 D -0 C=1 r -q C7I 0- f=3 r -q 0- _n D D D D 2.r .13 D 111 D r - 9109 5166 D D D D _n D iri r -R D U. . Posta ervice CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery RIFLE,, information, visit our website at tvwvir.usps.com `'. Certified Mail Fee $3,45 $ 67.Rn 0577 06 Postmarli Here 07/31/2015 Extra Services 0 Return Receipt 0 Retum Receipt Certified Mall 0 Adutt Signature ['Adult Signature & Fees (creek box add (earner e) Cnardcopy) $ (electronic) $ 10800 Rwtricted Delivery $ 10. (10 Requited $ 10.00 Restricted Delivery $ Postage $0.49 $ Total Postage and Ffts $6.74 3 Son `Slieefirid Stat tity, e, Al 4r 1 . 4 . " v. .&. . PS Form 3800, U.S. Postal CERTIFIED Domestic April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Service' MAIL® RECEIPT Mail Only 1 I,. For delivery information, visit our website at ww .usps.com''. TRAER' IA ' 675,', Certified Mail Fee 53.45 - $2.80 ('577 06 Postmark Here 07/31/2015 Extra Services 0 Return Receipt 0 Retum Receipt OCerfified Mail 0 Mutt Signature ['Adult Signature & Fees (check box, add fee as croverte) (handcopy) $ i• (electronic) $ 10.00 Restricted Delivery $ $0 ( 0 . Required $ $0.00 Restricted Delivery $ Postage $0.49 3 To -..,,,,,,,e and Fees 4004'. $6.74 Sent To - c vp.--//v/r .E. Z-25 /op $treetM7d4P o., or x No, 6, k -"..2 0 W City, StatqaIP+4:4' . -7 , .--",,,, /". -'-7 -c--, 'PS Form 3800, April 2015 PSN 7530-02-000-9047 9 NEW CASTLE, CO 81647 Certified Mail FE See R verse for Instructions $2. Extra Services & Fees (check box, add fee weft:, 0 Retum Receipt (hardcopy) $ ri Return Receipt (electronic) $ 10enn Certified Mali Restricted Delivery $ $0.00 0 Adult Signature Required $ 50.00 ['Adult Signature Restricted Delivery $ Postage $ $0.49 Total Postage and Fees $ $6.74 -Wreet and Apt No or t -u ,4414P -f J( JZ SentTo Jeff' c..Q. .2115+40a 0577 06 Postmar Here 07/31/2015 1-±-14d4 11, PI 7,53 0 -13 , -SC47 See exerse tor instructions 1U 1-q m ul D D 1:3 _n D LIl r-9 D r- ru 0006 9109 D D r- rn N L1-1 D 0- D 1:71 D D -n D 111 r -q D r- . . os a CERTIFIED Domestic Mail Oni For dew- •• • NEWCASTLE C0 81647 Certified Mail EXHIBIT 1 19 $280 , Extra Services & Fees (check box add feessobitiltfatei 0 Retum Receipt (hardcopy) $ 0 Return Receipt (electronic) $ $0.00 a Certified Mall Restricted Delivery $ $0 _ 00 0 Adult Signature Required $ $0.00 0 Adutt Signature Restricted Delivery $ Postage $0.49 Total Postage ands Fms $6.74 Sent To 4 Ales-- 5--424 Street andyivo. or 156"r%. City, State, I _ 0577 06 Postrna. Here 07/31/2015 le. al. Al .44 PS Form 3800, April 2015 PSN 7530-021)00-9047 ,.,See,130Ve1§g. f Ir,i.structio U.S. Postal Service' CERTIFIED MAIL® REC Domestic Mail Only For delivery information, visit our website at www.usps.com3. PEQUOT Mat M472 Certified Mail Fee $3.45 $ Extra Services & Fees (check box, add feeMate) 0 Return Receipt (hardcopy) $ in 0 Retum Receipt (electronic) $ $0.00 El Certified Mail Restricted Delivery $ 10 .00 DAdult Signature Restricted Delivery $$ $O. 00 0 Adult Signature Required Postage 50.49 Total Postage and Fees $6.74 zee 21C,1 Jo kp klAZA Street and Apt. No., or Pio boxiCro. C1473:7 .C-3 11) f 6 0577 06 Postmark Here 07/31/2015 PS Form 3800, April 2015 P9147530-02-000-9047 See Reverse for Instruction U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.corry'. NEW-0108TLEi:CO 81647 71 11 Certified Mail Fee $3.45 32m8ii , Extra Services & Fees (check box, add fee ittricyte, 0 ReturnReceipt (hardcopy) $ D Return Receipt (electronic) $ $0.00 Certified Mall Restricted Delivery $ $0.00 DAdutt Signature Required $ $0.00 D Adult Signature Restricted Delivery $ Postage $ 10.49 Total Postage and Fees $6.74 $ Sent Skeet arldApt. No., P City, tr re, 0577 06 Postmark Here 1)7/31/2015 PS Form 3800, April 2015 PSN 7530-02-000-9047 04, See Reverse for Instruction Er 1=0 m rn ,q 0640 0004 . • - 7 ce CERTIFIED MAIL® RECEIPT1 Domestic Mail Only For delivery information, visit our website at www.u0s.com'. NEWINISIITLEiZt a. Certified Mail Fee $3.45 Extra Services & Fees (check box, add fee ate) 0 Return Receipt (hardcopy) ORetum Receipt (electronic) $ $0.00 *Certified Mall Restricted Delivery $ $( Oa 0 Adult Signature Required $ $0.00 0 Adult Signature Restricted Delivery $ Postage 80.49 Total Postage and Fees $ 86.74 Sen city, ZIP+4 or1515 0577 06 Postmark Here 07/31/2015 PS Form 3800, April 2015 PSN 7530-02-000-9047 • epf See Revelse for Instructions U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.u.sps.com'. ESTIL Cernfied Mail Fee $3.45 $ i?. Rn Extra Services & Fees (check box, add fee secrptere) 0 Return Receipt (hardcopy) $ 0 Return Receipt (electronic) $ 80400 Certified Mail Restricted Delivery $ 80 00 0 Adult Signstura Required $ 80.00 0 Adult Signature Restricted Delivery $ Postage $ 80.49 Total Postage and ir 74 0577 06 Postmark Here ('7/31/2015 PS Form 3800, April 2015 PSN 7530-02-000-9047 m ru 1-1 rn rR D D D .1" D IS) m f-9 Ln rrD- r -R D D D D D irt 1-9 D U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only ru N m r -R m r - c -1 IS) D D D 7015 0640 For delivery information, visit our website at www.usps.com 47, • 7.1""r, 4P.,' L 1r/A Certified Mail Fee $3.45 t7 _811 Extra Services & Fees (check box. add feestrizate) D Return Receipt (hardospy) $ D Return Receipt (electronic) $ IV certified p&p Restricted Delivery $ 80. 00 0 Adult Signature Required $ 80.00 0 Adat Signature Restricted Defivery $ Postage $ 80.49 Total Postage and Fees $6.74 S Sent To/ IF° /2/44 /I-' Street endApt. Ao. or PO Dox / - ZIP+46 2 P 5r. See Reverse for Instructions 0577 06 Postmark Here 07/31/2015 PS Form 3800, April 2015 PSN 7530-02.000-0047 U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com>. NEW CASTLEO 'CO 81647 bertifili-d-Mail Fe, $3.45 $ Extra Services & Fees (check box, add fee egAopieffiate) 0 Return Receipt (hardcopy) 0 Return Receipt (electronic) $ 80.00 *Certified Mail Restricted Delivery $ 80.('0 0 Adult Signature Required $ 80.00 0 Adult Signature Restricted Delivery $ Postage $ 80.49 Total Postage and Fees $ 86.74 Sent To e C -s 71/ Z/0 P0 &x No -8treet and Apt. ........ 4!./.. , City, -tate, AIf ....... PS Form 3800, April 2015 PSN 7530-02-000-9047 0577 06 Postmark Here 07/31/2015 See Reverse for Instruction U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.cotn'. 47, 11, Certified Mail Fee $3.45 $7.R0 Extra Services & Fees (check box. add fee "(remota) 0 Return Receipt (hardcopy) 0 Return Receipt (electronic) $ $0.00 *Certified Mail Restricted Delivery $ 80 - on °Adult Signature Required $ 80.00 0 Aduft Signature Restricted Derryery $ Postage Total Postage and IT 74 $0.49 0577 06 Postmark Here 07/31/2015 PS Form 3800, April 2015 PSN 7530-02-000•9047 U.S. Posta ervice CERTIFIED MAIL° RECEIPT Domestic Mail.O,1 t our website at www.usps.com '. NEW CASTLE ' CO 81647 Certified Mail Fee $3.45 ;. $ Extra Services & Fees (check box, add fee t/ i%ate) ❑ Retum Receipt (hardcopy) $ 1IrUJJ�• vu ❑ Return Receipt (electronic) $ $0.On ® Certified Mall Restricted Delivery $ $0.00 ❑ Adult Signature Required $ $0e00 ❑ Adult Signature Restricted Delivery $ Postage $0.49 Total Postage and Figs. $eb. 74 - _-------- 0577 06 - U6 Postmark Here 07/31/201 5 Sent To of Nod • : •S:; . No. � NEW CASTLE5, C0 81647 Certified i•i„,i, $3.4�t`' Extra Services & Fees (check box, add testi te) o Retum Receipt (hardcopy) $ ##lll��t•t�J1 ��11 ❑ Retum Receipt (electronic) $ $0.00 isCertified Mal Restricted Delivery $ $0.00 to Adult Signature Required $ $000 . ❑ Adult Signature Restricted Delivery $ V V i'Arth•Ilr Postage $ *0.49 Total Postage and Fees $ $6.74 0577 Postmark Here 07/31/201 06 Street an t. No.,% r Sen City,a„ .tp 1 -t-• PS' Form 3800, April 2015` PSN 7530-02-000-9047 See Reverse for Instructions SENDER: COMPLETE THIS SECTION IN Complete items 1, 2, and 3. MI Print your name and address on the reverse so that we can return the card to you. E Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE THIS SECTION ON DELIVERY A. Signature 1�4I0 1. Article Addressed to: 4-06 e,,4-,(WLFiv7.5 2,9 e c K ?i6r 11111111111111111111111111111II 111 11111111 1111 9590 9403 0281 5155 7494 84 Agent 0 Addressee B. Received by (Printed Name) D. Is delivery address differ If YES, enter delive co 0 C. Date of Delivery 1? ❑Yes ❑ No fr 4 2. Article Number (Transfer from service label) 7015 0640 0004 5173 1297 PS Form 3811, April 2015 PSN 7530-02-000-9053 3. Service Type Adult Signature 0 Adult Signature Restricted Delivery 0 Certified Mail® 0 Certified Mail Restricted Delivery 0 Collect on Delivery 0 Collect on Delivery Restricted Delivery n insured Mail ured Mail Restricted Delivery er $500) SENDER: COMPLETE THIS SECTION ® Complete items 1, 2, and 3. ® Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. is P ority Mail Express® 0 Registered Ma1ITM 0 Registered Mail Restricts Delivery ❑ Retum Receipt for Merchandise 0 Signature Confirmation*" 0 Signature Confirmation Restricted Delivery Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY A. Signature x- eceived by (Printed Name ❑ Agent ❑ AddressE C. Date of Deliver 1. Article Addressed Jb, o: Jas � 77 //c 4/v4)0p1e ii/rtz; etts/z- ge?//67 11111111 II111111111IIIII111111 ILII III 1111111 9590 9403 0281 5155 7495 76 2. Article Number (Transfer from service label) 015 0640 0006 9109 5135 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ❑ No 3. Service Type 0 Adult Signature 0 Adult Signature Restricted Delivery 0 Certified Mail® 01 Certified Mail Restricted Delivery 0 Collect on Delivery 0 Collect on Delivery Restricted Delivery 0 Insured Mail 0 Insured Mail Restricted Delivery (over $500) 0 Priority Mail Express® 0 Registered Mail.'" 0 Registered Mail Restric Delivery ❑ Retum Receipt for Merchandise 0 Signature Confirmation 0 Signature Confirmation Restricted Delivery PS Form 3811, April 2015 PSN 7530-02-000-9053 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Domestic Return ReceiF COMPLETE THIS SECTION ON DELIVERY ❑ Agent ❑ Addresse C. Date of Deliver 1. Article Addressed to: ea Ni06fiviezco;..7 11 11111111111111111 11111 1111111111 I III 11111 9590 9403 0281 5155 7495 14 2. Article Number (Transfer from service label) 7015 0640 0004 5173 1280 PS Form 3811, April 2015 PSN 7530-02-000-9053 ery address different from item 1? 0 Yes S, enter delivery address below: ❑ No 3. Service Type 0 Adult Signature 0 Adult Signature Restricted Delivery 0 Certified Mail® 0 Certified Mail Restricted Delivery 0 Collect on Delivery 0 Collect on Delivery Restricted Delivery 0 Insured Mail Insured Mail Restricted Delivery (over $500) 0 Priority Mail Express® 0 Registered Mailr"r 0 Registered Mail Restric Delivery 0 Retum Receipt for Merchandise 0 Signature Confirmation 0 Signature Confirmation Restricted Delivery Domestic Return ReceiF SENDER: COMPLETE THIS SECTION Is Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. In Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE THIS SECTION ON DELIVERY 1. Article Addressed to: <<�J 4 J°Li/A144,12`, a ---7/7f57:3 Le) II�(I 1O1 1111 77th III1 I;I II/I4I4 b II11111hI IIIIIII' '5 ❑ AS�krvsTat e Restricted Delivery Ive• by" (Fjrinte N e D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No ((pi Agent V ❑ Addresst C. Date of Delive 9590 9403 0281 5155 7495 21 9 ArtInla Ni imhor (transfer from service label) 7015 0640 0006 9109 5210 ❑ Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery 0 Collect on Delivery Restricted Delivery Insured Mail Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restric Delivery 0 Return Receipt for Merchandise 0 Signature Confirmatior ❑ Signature Confirmatior Restricted Delivery PS Form 3811, April 2015 PSN 7530-02-000-9053 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address pe,raverste so that we can return the card to`ybti.' • Attach this card to the back of the mailpiece, or on the front if space permits. Domestic Return Recei( COMPLETE THIS SECTION ON DELIVERY Signafure .a:Idx /.0,1 ,• i /� . 1 2tdr®sse 1. Artiole Addressed to: ; �{I`; e, 6i/f 2ES. 71 -✓223-36 vvys . zu IIIIIIII1111111111 I I I I I I I I I I I I I I I�Itll I� c� 9590 9403 0281 5155 7494 77 B. Received by (Prided artm), w "bate o ver /tid c i --F(//6 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 2. Article Number (Transfer from service label) 7015 0640 0004 5173 1389 P3 Form 3811, April 2015 PSN 7530-02-000-9053 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mail® 0 Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery I -I Insured Mail Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® 0 Registered Maii" 0 Registered Mail Restrict Delivery ❑ Return Receipt for Merchandise 0 Signature Confirmation' ❑ Signature Confirmation Restricted Delivery Domestic Return Receip SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE THIS SECTION ON DELIVERY A. Sign X o Agent ❑ Address( B. Receiv •y (Printed Na re) C. Date o Deliver 1. Article Addressed to: Rd -tee r /r-oka.0 O„,,( II1 214.1) 1111111111111111111111111111111111 9590 9403 0281 5155 7494 60 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address belw: 0 No :1 -bis -7- Mite rL 4/ + 2. Article Number (Transfer from service label) 7015 0640 0004 5173 1303 PS Form 3811, April 2015 PSN 7530-02-000-9053 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Insured Mail Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered MailT", ❑ Registered Mail Restric Delivery ❑ Retum Receipt for Merchandise ❑ Signature Confirmation ❑ Signature Confirmation Restricted Delivery Domestic Return Receif SENDER: COMPLETE THIS: SECTION • Complete items 1, 2, and 3. e Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Address( C. Date of Delive 1. Article Addressed to: c J 4 4 ulfo a 7 Afpzi c -/z1111111111 IIIIIIIII�I� 111 11 II 1111111 111 1 111 2 9590 9403 0281 5155 7495 69 D. Is delivery address different from item 1? If YES, enter delivery address below: ❑ Yes ❑ No 2. Article Number (Transfer from service label) 7015 0640 0006 9109 5142 3"ace Type o Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Insured Mail Insured Mall Restricted Delivery over $500) o Priority Mail Express® 0 Registered Mailr"' ❑ Registered Mail Restric Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmation ❑ Signature Confirmation Restricted Delivery PS Form 3811, April 2015 PSN 7530-02-000-9053 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. IN Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Domestic Return Receit COMPLETE THIS SECTION ON DELIVERY (B. Received by (Printed Name) 1. Article Addressed to: / r / 4-1We Zfr: //i &-7/2„(b z/7 111111111111111111111111111 111111111(1 114E1 ME 9590 9403 0281 5155 7494 91 ❑ Agent ❑ Address( Date of Delive D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 2. Article Number (Transfer from service label) 7015 0640 0004 5173 1372 PS Form 3811, April 2015 PSN 7530-02-000-9053 SENDER: COMPLETE THIS SECTION E Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. e Attach this card to the back of the mailplece, or on the front if space permits. 1 Article Addressed to: 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery o Certified Mail® 0 Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery 11 Insured Mail I Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® 0 Registered Mail."' ❑ Registered Mail Restric Delivery 0 Retum Receipt for Merchandise ❑ Signature Confirmation O Signature Confirmatior Restricted Delivery Domestic Return Receit COMPLETE THIS SECTION ON DELIVERY `7 6t s f1"Y7 IlIII1111IIIIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 9590 9403 0200 5120 1612 16 2. Article Number (Transfer from service label) 7015 0640 0006 9109 5128 A. Signature B. Received by (Printed Name) ❑ Agent ❑ Address( C. Date of Delive D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ❑ No PS Form 3811, April 2015 PSN 7530-02-000-9053 3. Service Type 0 Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mall® ❑ Certified Mali Restricted Delivery 0 Collect on Delivery 0 Collect on Delivery Restricted Delivery - ^4d Maii Id Mail Restricted Delivery £500) ❑ Priority Mall Express® ❑ Registered Mai, ❑ Registered Mall Restric 0 R livery Receipt for Merchandise ❑ Signature Confirmatior ❑ Signature Confirmatior Restricted Delivery Domestic Return Receit SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: `4 7 z50/ e-/t//4e., 3775- ./),7:235- A! 235- c Z 1111111111 I L I I II I �I I III I I I I II 11 9590 9403 0200 5120 1614 33 COMPLETE THIS SECTION ON DELIVERY X 1 O Address Received by (Printed Narhe)) C. Date of Delive d'=a.5 , D. I . elivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 2. Article Number (Transfer from service label) 7015 0640 0004 5173 1723 3. Service Type ❑ Adult Signature 0 Adult Signature Restricted Delivery 0 Certified Mail 0 Certified Mail Restricted Delivery ❑ Collect on Delivery 0 Collect on Delivery Restricted Delivery ' isured Mall inured Mail Restricted Delivery rver $500) PS Form 3811, April 2015 PSN 7530-02-000-9053 ❑ Priority Mail Express® O Registered Mairm 0 Registered Mail Restric Delivery 0 Return Receipt for Merchandise 0 Signature Confirmatlor ❑ : mature Confirmatior ' ' toted Delivery nestic Return Receil EXHIBIT 20 NOTICE TAKE NOTICE That t d AilFitat has applied to the �Ic Garfield, County pursuant to to allow: LLQ t3y m" )Z Occrgoh- a4 on this property. A public.1++� on this application will be in tt+a Or {aw..yC.�, _17,04,01/— Glenwood 'Springs. Colorado on Date Notice Was lIost d ._ f i- tty . _.m .,w rot gAin. For additional information. contact the ettalkI4V-Cgoreoriatl aOlalicia-eivz or Suit./ 108 eth St. Glenwood Springs. CO 8180/ John Martin RE: Mountain Shadows Tire Shop Expansion of Special Use Permit 9/17/2015 Good things are happening in Mountain Shadows finally!!! It's an older community but homeowners are tearing down old trailers and building new homes while many others are remodeling. In July of this year my family broke ground on an 1800 sq. ft. home with a two car garage on Pear Court in Mountain Shadows. It should appraise for just under 300K when it's complete in October. After a more than stagnant real estate economy, it's fair for us to be concerned about the curb appeal of our subdivision to future homebuyers and the impact a commercial business could have on property values. Because the proposed permit is automotive in nature, we have numerous concerns about it being inside a residential community. From an increase in traffic, proper storage of tires and the number of vehicles parked before, during and after services, it's an awful lot of activity taking place on a very small piece of property. The biggest concern is the location of the tire shop. It sits at the entrance (and exit) of the subdivision. It also sits at the entrance to the new bike. Mountain Shadow residents and their children who walk, ride their bikes and walk their dogs, must pass the tire shop to access the new bike path or Apple Tree Park. The tire shop is also on the same street as the school bus stop and the community mailbox is located on the property of the tire shop as well, creating its own traffic problems. I understand that the current permit is also in question because they conduct tire services on the property when they are only permitted as a mobile tire service. I've had my tires serviced there as well, not knowing they weren't permitted to do so. I took a few photos back in July that might help you understand the challenges we are already facing when it comes to safety. In closing, this is in no way personal. We appreciate how hard the families work because we see it every day when we drive past their house. However, we believe it's time for this growing business to find commercial space if they want to expand or at least abide by the current permit they've already been issued. Regards, Dallas E Cotto Teresa B Cotton 24 Pear Court Mountain Shadows Photos Truck and trailer parked on the side of the street at the entrance/exit of the subdivision. Entrance to the subdivision and bike bath is Tess than 25 yards from the front of this truck. Vehicles maneuvering in, out and around the tire shop. Please note mailbox located in front of the tire shop Just 2 of many homeowners investing to improve our neighborhood