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HomeMy WebLinkAbout20173147.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Cope, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: U S R 17-0028 JOHN AND KATHLEEN TRAVIS KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (PAINTING, RESTORATION AND CONSTRUCTION) IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT A REC EXEMPT RE -4151; PART W2S2E2SW4 SECTION 30, T2N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. APPROXIMATELY 2025 FEET SOUTH OF CR 16.5 AND APPROXIMATELY 1575 FEET EAST OF CR 1. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2- 220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Chapter 22, Article II, Section 22-2-20.G A.Goal 7. States County land use regulations should protect the individual property owner's right to request a land use change; Section 22-2-20.F. 2 A.Policy 6.2. Support opportunities, such as but not limited to home businesses, to supplement family income and reduce living expenses for farm families and others who prefer a rural lifestyle. The primary use of the property is for the Travis residence with the secondary use associated with a commercial painting and wood working business. Section 22-2-20.G.2 A.Policy 7.2. Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region. The property was created via a Recorded Exemption creating a tract of land of approximately 2 acres in area. All activities associated with the business are conducted within an existing building on the property that serves as an office, shop and storage area. Left Hand Water District indicates that a 12 -inch water line is located approximately 1200 feet east of County Road 1 on County Road 16.5. The proposed use is in an area that can support this development. The Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Chapter 23, Article III, Section 23-3-40.P allows for a Home Business as a Use by Special Review in the A (Agricultural) Zone District. Section 23-3-10 — Intent states: "The A (Agricultural) Zone District is also intended to provide areas for the conduct of Uses by Special Review which have been determined to be more intense or to have a potentially greater impact than uses Allowed by Right." The attached development standards and conditions of approval (limits of number of employees, not allowing outside storage, requiring the applicant to address fire district requirements) will adequately mitigate the impacts of the use. RESOLUTION USR17-0028 JOHN AND KATHLEEN TRAVIS PAGE 2 The business will be required to adhere to the definition of Home Business as defined in Chapter 23, Article I, Section 23-1-90 of the Weld County Code as an incidental use to the principal permitted use for gainful employment of the family residing on the property, where such use is conducted within a dwelling unit or accessory structure and principally carried on by the family resident herein; and such use is clearly incidental and secondary to the principal permitted use and shall not change the charter thereof. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The Travis property is located approximately 1950 feet south of County Road 16.5 and is in an area with several existing USRs to the north of the property including USR-1223 for a Home Construction Business; USR-797 for a Home Business — Precision Optics; USR-946 for a Kennel; USR-1309 for an Electrical Contractor business; AmCUP-13 for a Residence and Barn and to the south SUP -249 for Gravel Mining and the Town of Erie Sanitation Plant is located approximately 635 feet from the Travis property. No phone calls or correspondence has been received from surrounding property owners in regards to this application. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the Towns of Frederick and Erie, City of Longmont and Boulder County. The Towns of Frederick and Erie and City of Longmont in their referral comments, dated May 22, 2017, May 23, 2017 and May 25, 2017 respectively indicated that they have no concerns. Boulder County did not return a referral. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area or the Airport Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee; County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 2 acres of undefined lands per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. There are existing buildings and improvements on the property. No additional agricultural land will be removed if this USR is approved G. Section 23-2-220.A.7 - There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2- 250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: RESOLUTION USR17-0028 JOHN AND KATHLEEN TRAVIS PAGE 3 1. Prior to recording the map: A. The applicant shall address the Weld County Department of Building Inspection referral dated which states "The garage/ shop building utilized in conjunction with the business shall be permitted for commercial use. A "Change of Use" building permit for the detached garage is required. A complete Code Analysis, Paint booth specification will be required with the building permit, along with MSDS sheets for the liquids/materials stored in the building. Electrical systems within the building shall comply with the 2014 National Electrical Code." (Department of Building Inspection) B. The applicant shall address the requirements of Mountain View Fire Rescue, as stated in the referral response dated June 14, 2017. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Mountain View Fire Rescue) C. The applicant should have sign -off from the adjacent property owners that they are aware of the change in use and additional traffic on the easement or roadway. (Department of Planning Services) D. The plat shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR17-0028 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. The map shall delineate the existing landscaping and/or screening. (Department of Planning Services) 6. The map shall delineate the existing lighting. (Department of Planning Services) 7 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 8. The map shall delineate the parking area for the vendors, customers and/or employees. (Department of Planning Services) 9. County Road 16.5 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 10. Show and label the approved access (AP17-00334), and the appropriate turning radii (60 -feet) on the site plan. (Department of Public Works) 11. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 12. Show and label the access and utility easement to provide legal access to the parcel on the USR map. (Department of Planning Services - Engineer) 13. Show and label the drainage flow arrows on the USR map. (Department of Planning Services - Engineer) RESOLUTION USR17-0028 JOHN AND KATHLEEN TRAVIS PAGE 4 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps(c�co.weld.co.us. (Department of Planning Services) 5. Prior to Operation: A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) 6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) Motion seconded by Bruce Sparrow. VOTE: For Passage Against Passage Bruce Sparrow Jordan Jemiola Michael Wailes Terry Cross Tom Cope Absent Bruce Johnson Gene Stille The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on September 5, 2017. Dated the 5th of September, 2017 akuat. 4trzliirt, Kristine Ranslem Secretary • • • SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS John and Kathleen Travis USR17-0028 1. A Site Specific Development Plan and Use by Special Use Permit, USR17-0028, for a home business (A Full Service Interior and Exterior Painting and Fine Finishes, Residential and Commercial Painting, Restoration and Construction business) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The hours of operation are 8:00 a.m. - 46:00 p.m. Monday — Saturday. (Department of Planning Services) 4. The number of on -site employees shall be 3. (Department of Planning Services) 5. There will be no outside storage of equipment and materials associated with the home business. (Department of Planning Services) 6. There will be no outside storage of customer materials to be painted, repaired or picked up. (Department of Planning Services) 7. The parking area on the site shall be maintained. (Department of Planning Services) 8. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 9. The existing landscaping/screening on the site shall be maintained. (Department of Planning Services) 10. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20- 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 12. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment) 13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. This include any paint emissions or overspray. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 14. Fugitive dust and fugitive particulate emissions shall be controlled along the construction route. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 15. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. (Department of Public Health and Environment) 16. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) • • • RESOLUTION USR17-0028 JOHN AND KATHLEEN TRAVIS PAGE 6 17. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 18. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time employees on site, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) 19. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 20. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 21. The property owner shall control noxious weeds on the site. (Department of Public Works) 22. The access to the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 23. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 24. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services - Engineer) 25. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 26. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 27. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 28. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 29. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. • • • RESOLUTION USR17-0028 JOHN AND KATHLEEN TRAVIS PAGE 7 30. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 31. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 32. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. • • • RESOLUTION USR17-0028 JOHN AND KATHLEEN TRAVIS PAGE 8 People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. L MINA,C,S Ma 5-1� SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, September 5, 2017 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Terry Cross, at 12:30 pm. Roll Call. Present: Bruce Sparrow, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope. Absent: Bruce Johnson and Gene Stille. Also Present: Kim Ogle and Diana Aungst, Department of Planning Services; Hayley Balzano, Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the August 15, 2017 Weld County Planning Commission minutes, Moved by Tom Cope, Seconded by Bruce Sparrow. Motion passed unanimously. • • CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR17-0028 17-0028 JOHN AND KATHLEEN TRAVIS KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (PAINTING, RESTORATION AND CONSTRUCTION) IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT A REC EXEMPT RE -4151; PART W2S2E2SW4 SECTION 30, T2N. R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. APPROXIMATELY 2025 FEET SOUTH OF CR 16.5 AND APPROXIMATELY 1575 FEET EAST OF CR 1. Kim Ogle, Planning Services, presented Case USR17-0028, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Jemiola asked how a violation was determined as there was no outdoor storage on site and there are no advertisements on site. Mr. Ogle said that we have received an anonymous complaint from a referral agency. Mr. Jemiola said that he doesn't see any nearby neighbors that would be impacted by noise. He added that he is concerned with these zoning violations, especially with home businesses that don't have any impact visibly on the outside of their property. Mr. Ogle stated that there was an event on or near this property and one of the emergency responders identified that there was a potential for an explosion as there was storage of 55 gallon drums of paint and solvent outside. Evan Pinkham, Public Works, reported on the existing traffic and access to the site. Hayley Balzano, Engineering, reported on the drainage conditions for the site. Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. John Travis, 352 CR 16.5, stated that he lives in the residence and owns the business on site. Commissioner Wailes asked what is being painted on site. Mr. Travis said they paint mostly residential exterior and interior. He added that have a lot of new construction where they finish and paint doors and cabinet refinishes. Mr. Wailes asked the applicant if they are the ones who transports the material to and from the site. Mr. Travis replied yes. Commissioners Jemiola referred to the hours of operation and asked the applicant if he wanted to make any changes if they have a busy week and might need to stay later than 4 pm. Mr. Jemiola suggested changing it to a 24 -hour operation, 7 days a week. Mr. Travis said that he would accept his recommendation. 1 • • • The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Motion: Amend Development Standard 3 to reflect a 24 hour, 7 days a week operation, Moved by Jordan Jemiola. Motion failed due to lack of second motion. Commissioner Cope said that he feels it is up to the applicant to identify the hours that they feel are appropriate. He feels that 24/7 seems like it could be a burden to neighbors possibly. Mr. Travis said that it does happen occasionally when they have a large demand to go until 6 pm. However, he said that because he is a resident he tries to curb the hours. Mr. Cope clarified if the applicant is requesting an amendment for the hours of operation to be from 8 am to 6 pm. Mr. Travis replied yes. Motion: Amend Development Standard 3 to reflect the hours of operation from 8 am to 6 pm, Monday through Saturday, Moved by Tom Cope, Seconded by Michael Wailes. Motion carried unanimously. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR17-0028 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Tom Cope, Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bruce Sparrow, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope. Meeting adjourned at 4:07 pm. Respectfully submitted, ^nt-- f anaun. Kristine Ranslem Secretary 2 Hello