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HomeMy WebLinkAbout1.0 ApplicationRECEIVED GARFIELD COUNTY JUL 0 3 2006 Building & Planning Department 108 8t" Street, Suite 201 GARFIE D COUP IY Glenwood Springs, Colorado 81601 BUILDiiNG & PLANNING Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Text Amendment to Zone District / Zoning Resolution GENERAL INFORMATION (To be completed by the applicant.) > Name of Applicant (Property Owner): ,Tpanni p and Frank nonofrin ➢ Address: 303 Piedmont Road Telephone: 945-0970 D. City: Glenwood Springs State: co Zip Code: 81601 FAX: n/a D. Name of Representative, if any (Planner, Attorney, etc): Kelly Cave, Esq., Dan Kerst, P.C. ➢ Address: 823 Blake Ave., Suite 202 Telephone: 945-2447 D. City: C7,1 enwnnri Spri ngG State: co Zip Code: 81601 FAX: 945-2440 D. Specific Section of County Zoning Resolution of 1978 or PUD to be amended: Section 5.03.15(8) D. Purpose for the proposed text amendment: To allow for more than one dog per acre of land. STAFF USE ONLY D. Doc. No.: Date Submitted: TC Date: ➢ Planner: Hearing Date: APPLICATION SUBMITTAL REQUIREMENTS This Application applies to owners of real property in Garfield County who desire to 1) amend, add, or delete specific text in the County Zoning Resolution, and 2) amend, add, or delete text of an approved zone district in the Zoning Resolution or an approved Planned Unit Development (PUD): As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Submit a cover letter containing a detailed narrative describing the proposed amendment to an approved zone district including an approved Planned Unit Development (PUD) or text of the Zoning Resolution of 1978, as amended. This narrative should describe the overall purpose of the amendment and the specific sections of the resolution are to be amended. 2. Submit a copy of the deed, legal description, and copy of the County Assessor's Map of the real property, owned by the Applicant in Garfield County, which will be affected by such change. 3. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 4. Submit payment of the $300.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 5. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (An amendment to an approved zone district or text of the Zoning Resolution is considered a two step process because it is first reviewed by the Planning Commission which makes a recommendation to the Board of County Commissions. The following steps outline how the Text Amendment application review process works in Garfield County.) 1. Submit this completed application form (pages 1-4), base fee, and all submittal requirements to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, the letter will indicate the dates and times scheduled for your request to be heard before the Planning Commission during a public meeting (no notice required) and the Board of County Commissioners during a public hearing (notice required). The Planning Commission will forward a recommendation to the Board of County Commissioners to be considered during a properly noticed public hearing. Staff will send you the appropriate "Public Notice Form(s)" indicating the time and date of your public hearing and will provide you with a Staff Memorandum regarding your request. (If Staff determines your application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the public hearing before the Board of County Commissioners. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed amendment and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. 4. The Applicant is required to appear before the Planning Commission and the Board of County Commissioners at the time and date of the public meeting / hearing at which time they will consider the request. In addition, the Applicant shall provide proof at the hearing before the Board of County Commissioners that proper notice (publication) was provided. 5. Once the Board of County Commissioners makes a decision regarding the request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Boards' approval, this office will make the approved changes to the Zoning Resolution. I have reap the statements above and have provided the required attached information which is correct . d ac urateto-the best of my knowledge. (Si nature of applicant/owner) 7 � / Date Last Revised: 06/08/2004 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in fill, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE Vacating Public Roads & Rights -of -Way Sketch Plan Preliminary Plan Final Plat Amended Plat Exemption from the Definition of Subdivision (SB -35) Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing • Board Public Hearing only • Planning Commission and Board review & hearing Zoning Amendments • Zone District map amendment • Zone District text amendment • Zone District map & text amendment • PUD Zone District & Text Amendment • PUD Zone District Text Amendment Board of Adjustment • Variance • Interpretation Planning Staff Hourly Rate • Planning Director • Senior Planner • Planning Technician • Secretary County Surveyor Review Fee (includes review of Amended Plats, Final Plats, Exemption Plats) Mylar Recording Fee Page 2 BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $200 $100 $300 $250 $400 $525 $450 $300 $500 $500 $500 $250 $250 $50.50 $40.50 $33.75 $30 Determined by Surveyor$ $11 — 1' page $10 each additional page The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. /2/.1-2)/ Z t7 1c/� /D Print Name 9393Ma7g/AYdesU 88/6'4c OCN) o� 10/2004 Page 4 11111111111111111111111111111111111111111111111 I I I 11111 881851 tilE111 81181 P158 11 RLSDORF 1 or 1 R 5.00 D 0 00 GARFIELD COUNTY CO THIS DEED, made this between Frank M. Donofrio QUITCLAIM DEED day of April , 2000, of the *County of Garfield Colorado ,grantor, and Frank M. Donofrio and Donna Jean Donofrio whose legdaddreesis 0303 Piedmont Road, Glenwood Springs, and State of of the County of Garfield and State of Colorado grantees: WITNESS, that the grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration the receipt and sufficiency of which is hereby aelmowledged. has remised, released, Sold and QUITCLAIMED, and by these presentsdoesremise, release, self and QUITCLAIM unto the grantees, their heirs, successors and assigns forever, not in tenancy in common but in joint tenancy, all the right, tine, interest, claim and demand which the grantor has in and tothe real property, together with improvements, ifany, situate, lying and being in the County of Garfield and State of Colorado, described as follows The North 1/2 of even width of a parcel of land situate in the West 1/2 of the NW 1/4 of Section 3, Township 7 South, Range 89 West, 6th P.M., more particularly described as follows: Commencing at the Section Corner common to Section 33 and 34, Township 6 South, and Sections 3 and 4, Township 7 South. Range 89 West, 6th P.M.; thence South 00°40'00" E. along the section line a distance of 978.00 feet to the NW corner of said parcel of land and the true point of beginning; thence continuing along the section line South 00°40'00" E. a distance of 490.18 feet to the SW corner of said parcel of land; thence due East a distance of 590.33 feet to the SE corner of said parcel of land; thence North 00°57'00" 14. a distance of 48.99 feet; thence on a curve to the right with a central angle of 60°00'00" a radius of 60.00 feet, an arc length of 62.83 feet, North 29°03'00" E. a distance of 60.00 feet on the long chord; thence on a curve to the left with a central angle of 60°00'00", a radius of 60.00 feet, an arc length of 62.83 fees, North 29603'00" E. a distance of 60.00 feet on the long chord; thence North 00°57'00" W. a distance of 241.75 feet to as angle point; thence North 02°08'00" E. a distance of 94.60 feet to the NE corner of said parcel of land; thence due West a distance of 652.97 feet to the NW corner of said parcel of land and the true point of beginning. also known by street and number as: 0303 Piedmont: Road, Glenwood Springs, CO 81601 KNoulnitNEODEREdiEdCaliglieR TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges 'hereunto belonging, or in anywise thereaato appertaining, and as the estate, right, title, interest and claim whatsoever oftbe grantor, either in law or use, benefit aad behoof of the equity, to the only proper grantees, their heirs and assigns forever. The singular number shall include the plural, the dural the singular, and the ofany . - I be applicable to all IN WITNESS WHEREOR the grantor has executed this dead on the da a. STATE OF COLORADO Countyof Garfield The foregoing instrument was ackn by Frank M. Donofrio f 99!t// Qf: :/$71 P *if In Deaver. insert "City and". day of Witnen hand and o My urn. asion expires: April XIV 2000. / 7, 2. Ow) Name and Addrca A Pence Cmadng NeW Fustic Creased men Deurylnn 414354045 5. C.RSI Na 962. Rer. i.94, QUITCLAIM Dreg pa John Tenadn) ',✓.4T1/•cN A9y.C4ss 03 a) P/En,woa ACC, siY.es, CO da6O/ aradfordP,blisbing 1143 Wares as., Dea.er. CO 40202 —(303)2912500-6.95 icg Parcel Detail Garfield County Assessor/Treasurer Parcel Detail Information Page 1 of 3 Assessor/Treasurer Property Search 1 Assessor Subset Query Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information Parcel Detail 1 Value Detail 1 Sales Detail 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area 008 Account Number R080076 Parcel Number 239503200014 Mill Levy 63.502 Owner Name and Mailing Address DONOFRIO, FRANK M. & DONNA JEAN 303 PIEDMONT RD GLENWOOD SPGS, CO 81601-9518 Legal Description SECT,TWN,RNG:3-7-89 DESC: N1/2 OF SUB:CHELYN ACRES LOT:0 DESC: TR 29 BK:0478 PG:0266 BK:1181 PG:158 RECPT:561691 BK:0806 PG:0095 BK:0765 PG:0895 BK:0627 PG:0918 Location Physical Address: 303 PIEDMONT RD GLENWOOD SPRINGS Subdivision: CHELYN ACRES Land Acres: 3.87 Land Sq Ft: 0 Section Township Range 3 7 89 Property Tax Valuation Information http://www.garcoact.com/assessor/Parcel.asp?AccountNumber=R080076 7/3/2006 Parcel Detail Page 2 of 3 Sale Date: Sale Price: 10/27/1989 130,000 Basic Building Characteristics Number of Residential Buildings: Number of Commn/Ind Buildings: 1 0 Actual Value Assessed Value Land: 127,000 10,110 Improvements: 184,710 14,700 Total: 311,710 24,810 Sale Date: Sale Price: 10/27/1989 130,000 Basic Building Characteristics Number of Residential Buildings: Number of Commn/Ind Buildings: 1 0 Tax Information Tax Year Residential Building Occurrence 1 Characteristics Amount TOTAL HEATED AREA: 1,632 ABSTRACT CODE: SINGLE FAM.RES- IMPROVEMTS ARCHITECTURAL, STYLE: 1-STRY/BSM EXTERIOR WALL: T -I1 SHTNG ROOF COVER: COMP SHNGL ROOF STRUCTURE: GABLE INTERIOR WALL: DRYWALL FLOOR: CARPET FLOOR: SHT VINYL HEATING FUEL: GAS HEATING TYPE: HOT WATER STORIES: STORIES 1.0 BATHS: 1.7 ROOMS: 6 UJNITS: 0 BEDROOMS: 3 YEAR BUILT: 1976 Tax Information Tax Year Transaction Type Amount 2005 Interest Charge $31.51 http://www.garcoact.com/assessor/ParceLasp?AccountNumber=8080076 7/3/2006 Parcel Detail Page 3 of 3 2005 'fax Payment: Whole ($1,575.48) 2005 Interest Payment ($31.51) 2005 Tax Amount $1,575.48 2004 Tax Payment: Second Half ($840.38) 2004 Tax Payment: First Half ($840.38) 2004 Tax Amount $1,680.76 2003 Tax Payment: Second Half ($741.31) 2003 Tax Payment: First Half ($741.31) 2003 Tax Amount $1,482.62 2002 Tax Payment: Second Half ($720.48) 2002 Tax Payment: First I-Ialf ($720.48) 2002 Tax Amount $1,440.96 2001 Tax Payment: Second Half ($725.18) 2001 Tax Payment: First Half ($725.18) 2001 Tax Amount $1,450.36 2000 Tax Payment: Second Half ($774.84) 2000 Tax Payment: First Half ($774.84) 2000 Tax Amount $1,549.68 1999 Tax Payment: Second Half ($714.64) 1999 Tax Payment: First Half ($714.64) 1999 Tax Amount $1,429.28 I'op oi' Page Assessor Database Search Options J Treasurer Database Search Options Clerk & Recorder Database Search Options Garfield County ] Ionic Page The Garfield County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2005 - 2006 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.garcoact.com/assessor/Parcel.asp?AccountNumber=R080076 7/3/2006 Meov 0o. a3a T- —is— 2 v l W 5,,c. 3 Wo • �3as- 03 Adjoining 2395 3 3 TRACT 26 4.76 A. 010 TRACT 27 5.88 A. c:4 TRACT 28 5.24 A. TRACT 29 7.75 A. z p (013) TRACT 8 2.99 A. TRACT 9 1.865 A. 0 OS (002) L/J SUBDIVISION Lot 1 (11 Lot 2 (118) (023 050 TRACT 1 5.47 A. TRACT 12 0 TML 1.03 02 022 042 041 TRACT 4A TRACT 5A 040 TRACT 4 1 TRACT 25 1.93 A. TRACT 5 11.64 A. ATTORNEYS DAN KERST danAdankerstpc.com KELLY CAVE kel lyAdankerstpc. com DAN KERST, P.C. A PROFESSIONAL CORPORATION ATTORNEY AT LAW 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-2440 April 24, 2006 Ron Van Meter Garfield County Building & Planning Department 108 8'h Street, Suite 201 Glenwood Springs, CO 81601 Re: Agent Acknowledgment Dear Mr. Van Meter: PARALEGAL ELISABETH GETZEN egetzenAdankerstpc. com I am authorized to act as an agent for my clients, Frank and Donna Jean ("Jeannie") Donofrio, 303 Piedmont Road, Glenwood Springs, Colorado, 81601. Please direct all correspondence and inquiries to my attention. KC Accepted and Acknowledged: Frank Donofrio ummvm,id.¢maaon Yours very truly, Date /' Pa/ / hof Ddte O HARLAND FLORAL BOUQUET Form No. GWS-1 I 6/2006 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 Phone — Info: (303) 866-3587 Main: (303) 866-3581 Fax: (303) 866-3589 http://www.water.state.co.us For Office Use Only RE C it 1 A '06 V4 P,;;;;;, ; ilitx, r • ••n CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Review instructions on the reverse side prior to completing the form. Name, address and phone of the person claiming ownership of the well: NAME( Mailing Address- City, St. zip:6P1-ea Phone (170) 7 AW M POA%v/% JJ)O&O /0 0303 P/t t'/noA)r- ,C2>. 12D SAGS CO p/6 0/ — 0770 This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filing is made pursuant to C.R.S. 37-90-143. WELL LOCATION: Well Permit /� 8:247/41 Number: j % Receipt Number: p2q County q 11C/ / 6–Lb Owner's ell Designat'on (optional) Daae 0 o3 rizttrnovr1e�,6 ,e0,1--z) S S,Ca S/w (Addres /UW 1/4 of th4 1/4 Sec.3 Twp. fty) (State) (Zip) ❑ E. otfl W., f� Mt P.M. 7 • N. or g5., Range Y Distance from Section Lines: ZO Ft. From N. or ❑ S. -3 .5-0 Ft. From ❑ E. or W. Line. Filing/Unit Subdivision Name e�49L_y /I-CrCa.S 8f Blck o �� 677a27 The above listed owner(s)described say(s) that he, she the following reasons: A Change in name of owner SChange in mailing 8, 1972 and non-exempt wells permitted before Please see the reverse side for further information (they) own the well _. heen The existing record is being amended for for exempt wells permitted prior to May location. address ■ Correction of location May 17, 1965. regarding correction of the well I (we) aim and say that I (we) (are) the owner(s) of the well described above, know the contents of the statements made true to my (our) knowledge. herei, . • s a = • =t they are Si.iliature of the ne owner Air _5-.''moi= - / Please print the Signer's Name �i2i4,V/C ,u 2 oA/oAe/ & Title o Date '/ %I/44"/O6i t is the responsibility of the n: original letter of agency signet •wner of this well to complete and sign the form. Signatures of agents are acceptable if an •y the owner is attached to the form upon its receipt. For Office Use Only State Engineer By Date } - WRJ-s s4 COLORADO DIVISION OF WATER RESOURCES 101 Columbine Bldg., 1845 Sherman St., Denver, Colorado 80203 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. PERMIT APPLICATION FORM ( ) A PERMIT TO USE GROUND WATER (>1 A PERMIT TO CONSTRUCT A WELL FOR: b<) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO ( )OTHER IO 'i2. eAti> ittet (1) APPLICANT - mailing address NAME (21 STREET_ Ins CITY elfEksiena-l51: staid) TELEPHONE NO ,1-y 911.0/ • (Zip) (2) LOCATION OF PROPOSED WELL MCounty y.. ,:,.. w )� `k of the /av Section 2 , R ng. l_ til 6 P M (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpin) AC' Average annual amount of ground water t� to be appropriated (acre-feet): Number of acres to be irrigated. Aktetti Proposed total depth (feet)• tied Aquifer ground water is to be obtained from: Ps4N p...b `Midg Owner's well designation GROUND WATER TO BE USED FOR: (X HOUSEHOLD USE ONLY - no irrigation (0) ( ) DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (0) (4) DRILLER Name Street City �}� f�(State) 9 Telephone No. / ...67 a Lic No (ZIP) 4649 FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. 42534P / Basin Dist CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPROVED jOR:NOUS HOLD USE ONLY, FOR ONE (1) SINGLE FAMILY DWEWNG ANO. NOT TO BE USED FOR IRRIGATION. THE RETURN FLOW FROM THE USE .OF TIC:WELLI MUST 8E RETURNED ID THE SAME SIREAMSYSTEM .P1 WHICH THE WELL' IS LOCATED, APPLICATION APPROVED PERMIT NUMBER 82919 DATE ISSUED MAR 181976 EXPIRATIaTut.E MAR 18197 F 0 ./,STATE ENGINEER) BY vt +� I D Se ,7 t COUNTY A3 I i • ' (5) THE LOCATION OF THE PROPOSED WELL and the area on (6) THE WELL MUST BE LOCATEDBELOW which the water Use the CENTER 4 _ -1"_ ( I 4- I A„ - -I-NORTH will be used must be indicated on the diagram below. by distances from section lines. SECTION (1 section, 640 acres) for the well location. !Y be +. _ /2Pb ft, from 0l71f sec line + _ __i_ - + __ + _ + _ 4 yy�� (rnth sown) r.�orer 14----- 1 MILE, 5280 FEET — 1 ft. from Wer line sec. T I + (east or west) f + LOT BLOCK FILING * 1 SECTION LINE I SUBDIVISION O 1 NORTH 1 2 F Jr--1- U+ 1 + + t 1 4- - -1- - _ ( l (7) T T ON W L L. LOCATED Owner. - + - ._L, lI in No. of acres4 Will this be I H 1 the only well on this tract? At (8) PROPOSED CASING PROGRAM ) ) II � Plain Casing Y Z - - �_i_.- + f SAS in from 0 ft to an° ft i 1 1 ft to h. Perforated I 1 L o r lM } ( T T + 1 1 4_and _+_+—±-+--F---i---1- The scale Each casing SOUTH SECTIO LINE + _ I I 9 I2. O F N W /y or �C _' 31 -�6/..'E iA in from ft. to 440.47 ft. + 4- -I- 4 -4- 4 In from h, to ft. • 1 1 1 (9) FOR REPLACEMENT WELLSgivedis-tance direction from old well and plans for plugging It: of the diagram is 2 inches = 1 mile small square represents 40 acres. An acre-foot covers 1 cubic foot per A family of 5 will 1 acre-foot ... 43,560 1,000 gpm pumped WATER EQUIVALENTS TABLE (Rounded Figures) 1 acre of land 1 foot deep second (cfs) ... 449 gallons per minute Igpm) require approximately 1 acre-foot of water per year. cubic feet 325,900 ... gallons. continuously for one day produces 4.42 acre-feet. (10) LAND ON WHICH GROUNND�i _gTE�BE USED• Owner(s):. �/ Legal descriptionA, ¢ -F!$J 5" No of acres. WA- a Ahld j Ste 3' 7 o?sa, Int/ , . •n•!„ ., (11) DETAILED-DESCRIPTION of the use of ground water:Household-use and domestic wells oust Indicwtatype.of disposal system to be used. SeL r iTieiys 4/ abet lade' (12) OTHER WATER RIGHTS used on this land, including wells. Type or right Used for (purpose} Description of land on which used (13) THE APPLICANTS) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS - UE TO THH7E BEST O/F HIS KNOWLEDGE. SIGNATURE OF APPL ICANT(S) Use additional sheets of paper if more space is required. ATTORNEYS DAN KERST dan@dankerstpc.com KELLY CAVE kelly@dankerstpc.com DAN KERST, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-2440 Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 PARALEGAL ELISABETH GETZEN egetzen@dankerstpc.com July 3, 2006 RECEIVED JUL 0 3 2006 GARFIELD COUNTY BUILDING & P' Re: Proposed Text Amendment to Garfield County Zoning Resolution § 5.03.15(8) Our File #12445 To Whom it May Concern: I am writing on behalf of my clients, Frank and Jeannie Donofrio, who operate a licensed Yorkshire Terriers hobby breeding and rescue program out of their residence located at 303 Piedmont Road, Glenwood Springs, CO 81601 (the "Property"). The Property is located in Chelyn Acres, which does not have a recorded subdivision plat. This letter provides a narrative of the reasons why Garfield County Zoning Resolution § 5.03.15(8) needs to be amended. I. Background My clients have been hobby breeding show -quality Yorkie Terriers for over eight (8) years. They own 3.87 acres and their property backs up to Bureau of Land Management land. None of their neighbors have ever complained about noise, odors or any nuisance and continue to approve of the Donofrios' breeding program (see attached copy of neighbors' letter at Exhibit A). A few months back, an anonymous call was placed to Garfield County expressing concern for the number of dogs on the property. Since my clients do not have frequent guests to their property, they guess that a disgruntled worker may have made the call out of spite. Due to this one call, my clients' hobby breeding program came under scrutiny. On January 23, 2006, Ron Van Meter informed my clients that they needed a special use permit. After considerable research and legal and engineering fees, my clients submitted their Special Use Permit Application on April 24, 2006. Please refer to their Special Use Permit Application for additional background information. On May 18, 2006, Richard Wheeler wrote my clients a letter and informed them that their property is not large enough to have a kennel or to be considered for a special use permit to allow a kennel due to a County standard that required one (1) acre per dog. One acre per dog is a lot of unused and unnecessary space, especially for a small dog. As you may know, Yorkshire Terriers are tiny (3-7 pounds) house dogs that do not require an acre to exercise and go to the bathroom. In fact, my clients do not let the dogs go outdoors unsupervised %MaullfJe auragclkr• Do wfriu\Texl An,& Narralia'e 615-06.w1x1 July 3, 2006 Page 2—Garfield County Building & Planning due to potential threats from birds of prey, wildlife and even bees and wasps. These are delicate animals that just want to be near their owners. Requiring an entire acre for Yorkie Terrier is excessive and unreasonable. II. Zoning Resolution § 5.03.15 A. Definition. Zoning Resolution § 5.03.15 addresses kennels. Kennels are defined as "an establishment other than a pet shop or veterinary clinic, in which more than four (4) adult dogs or domesticated animals are housed, groomed, bred, boarded, or trained, with or without fees being charged for services and no more than two litter of dogs or domesticated animals are bred in any one calendar year." Zoning Resolution § 2.02.311. B. Purpose of § 5.03.15. A review of the Board of County Commissioners meeting minutes in 2001 and 2002 provides some history of the reasoning behind § 5.03.15. This section was added to address Bill Pinkham's sled -dog kennel operation that had forty dogs on forty acres. The neighbors and the Commissioners were very concerned with noise complaints. Therefore, § 5.03.15 was amended to protect the public and neighboring landowners from the negative effects of running a kennel, primarily noise, odors and removal of solid waste. To address these concerns, the first seven (7) subsections of § 5.03.15 strictly regulate noise, dust, odors, solid waste removal, and filth. Essentially, these seven subsections are protecting the public health and prohibiting any nuisance to neighboring properties and to the residents of Garfield County. C. Purpose of Subsection 8 of § 5.03.15 is Unknown. Unfortunately, the reasoning behind § 5.03.15(8) is not available. There is no justification provided for the one dog per acre requirement. Mr. Pinkham owned forty acres at the time, and he proposed boarding forty dogs on his property. We assume that the one dog per acre requirement was added due to the particular fact situation of Mr. Pinkham. However, this is not reasonably applicable to all landowners in Garfield County. As I mentioned earlier, requiring one acre for one dog seems excessive and unreasonable. One dog, no matter what its size, will not use or need an entire acre of land for exercise or to go to the bathroom. The acreage restriction is not logical. For example, a kennel could have sixty (60) acres with sixty (60) dogs housed on one acre adjacent to a neighboring Landowner. The regulations do not require that each dog nmst inhabit one acre. Furthermore, this requirement virtually prohibits the construction of new kennels in Garfield County since affordable acreage is almost non-existent. No kennel business could survive having to pay for so much unused land. July 3, 2006 Page 3—Garfield County Building & Planning D. § 5.03.15(8) Conflicts with Garfield County Zoning. My clients' Property is zoned Agricultural/Residential/Rural Density. The minium lot size is two (2) acres. Uses, by right, include operation of a farm, ranch, or small animal farm for the production of fur -bearing or other small animals. There are no acreage requirements for these operations. However, if my client wants to breed small house dogs, Resolution § 5.03.15(8) requires one (1) acre per dog. It is not fair or reasonable to impose such a strict acreage requirement for dogs. The code essentially discriminates against dogs. Other animals can be bred in smaller parcels of land and do not require an acre per animal. This is unreasonable, especially for my clients, who breed small house dogs that remain indoors 90% of the time. III. Suggested Amendment § 5.03.15(8) needs to be amended to allow residents of Garfield County to pursue their hobby and business interests while balancing a minimum impact on their neighborhood. The first seven (7) provisions of Resolution § 5.03.15 adequately address all health and safety issues associated with kennels. Thus, the impact on the neighborhood is minimized. § 5.03.15(8), as it is currently written, is not providing any additional protection for Garfield County residents and neighboring lands. In addition, it is hindering the ability of Garfield County residents to pursue their hobby and business interests. Instead of requiring one dog per acre, we suggest the following amendment to § 5.03.15 (8): (8) All kennels shall have a minimum of two (2) acres of land. No more than sixty (60) dogs shall be allowed on a single property. With this modification, Garfield County residents arc still protected from overcrowding of dogs on neighboring property since there is a minimum land requirement and a maximum allowance of dogs. This amendment provides an opportunity for business owners, like my client, to continue to operate a financially sound breeding and rescue program, while maintaining strong requirements restricting noise, odor and disposal of solid waste for the protection of the residents of Garfield County. All health and safety concerns for the community are addressed in the first seven provisions of § 5.03.15. Therefore, with this amendment, noise, filth, odor and other nuisances are still restricted, but there is an opportunity for businesses, like my clients' breeding and rescue program, to provide a service to the residents of Garfield County. In conclusion, we respectfully request an amendment to Garfield County Zoning Resolution § 5.03.15(8) to allow for kennels on property with a minimum of two (2) acres. This revision will allow businesses to continue to provide necessary services to the residents of Garfield County while maintaining a minimum impact on the neighborhood. Maul tke,a,rl,o,...,.,,,u..,...,,..e1, .,rJ July 3, 2006 Page 4—Garfield County Building & Planning Please contact me if you have any questions in regards to this matter. Yours very truly, /11 KELLY C xc: Jeannie and Frank Donofrio Maul\fJe aoeagalUlDurpfeulTexl ARA Naerniea 6.15.06.xpd VE To: Garfield County Board of County Commissioners From: Neighbors of Frank and Jeannie Donofrio, 0303 Piedmont ltd., Glenwood Springs, CO 81601, Dear County Commissioners: I own property adjacent to Frank and Jeannie Donofrio in Chelyn Acres in Garfield County. I understand that Frank and Jeannie are Yorkshire Terrier hobby breeders, and breed their dogs in the sunroom kennel in their residence. I have not had any problems with Frank and Jeannie or their animals in the past, and I approve of allowing them to continue their hobby breeding and showing program. Sincerely /) 44i 4 fyiyhms '3 Nalhe 8 Q /� q /73 EOAJnnsr HV Ix fE,vuwon . 9,04, is 5,.4 llq 1.0o/U VR, 4W)7741/1 alfil uxnn gpamoh5, Address CA etati ✓re vsd um e AR/fJyluht '' r Naive It I Name 361 J l &Arnosirefitiwwood Address eal Par Gu6.L; of IP fir Name ddress Name ciaa1 Aida aci„tavo a„vj5. Address ATTORNEYS DAN KERST dan@dankerstpc.com KELLY CAVE kelly@dankerstpc.com DAN KERST, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 � �. (970) 945-2447 ° ii'1 i a.JF R: (970) 945-2440 AUG !a 2006 August 17, 2006 GARFIELD COUNTY Garfield County BUILDING & PLANNING Building and Planning Department 108 8' Street, Suite 201 Glenwood Springs, CO 81601 PARALEGAL ELISABETH GETZEN egetzen@dankerstpc.com Re: Supplemental Information for Special Use Permit Application Our File #12445 To Whom It May Concern: I am writing on behalf of my clients, Frank and Jeannie Donofrio, who operate a State licensed Yorkshire Terrier hobby breeding and rescue program out of their residence located at 303 Piedmont Road, Glenwood Springs, CO 81601 (the "Property"). I am writing to supplement our Special Use Permit application previously submitted on April 24, 2006 with information requested by Richard Wheeler in his letter dated July 13, 2006. A. Please demonstrate the proposed use has a legal and physical water supply. No well permit or evidence of a water supply was submitted with the application. Attached please find the well permit for the Property. My clients are in the process of applying to lease additional water from the West Divide Water Conservancy District. B. Submit a statement that specifically responds to how the requirements for a Kennel, pursuant to §5.03.15 will be met. (1) All kennels shall be completely enclosed within a building that prevents any sounds from emanating from the property boundary in excess of the Residential Zone District standards contained in CRS § 25-12-103, with the exception of CRS § 25-12-103 (2) & (3), that no noise in excess of 55 db(A) from sunrise to sunset and 50 db(A) from sunset to sunrise will be allowed.... The Donofrios breeding and rescue program is fully enclosed within their home. The Donofrios have been able to reduce the number of their dogs down to approximately twenty (20) with seven (7) up for adoption. Yorkshire terriers are small indoor dogs that are only allowed outside on rare occasions. The animals remain indoors the majority of the time. The dogs go to the bathroom on the deck or on designated potty mats. The Donofrios regularly clean the tile floor with bleach water that is disposed MauI Vile uouQekkODororroU(neMld SUP Inro.epl August 17, 2006 Page 2—Garfield County Building & Planning of down the drain. They have 3.87 acres with trees and landscaping, and none of their neighbors have ever complained about noise emanating from their property (see the letter signed by neighboring property owners located at Tab 3 in the initial Special Use Permit application). (2) No dust, noise in excess of the Residential Zone District standards contained in CRS § 25-12-1-3, with the exception that no noise in excess of 55 db(A) from sunrise to sunset, and 50 db(A) from sunset to sunrise as defined above will be allowed, odors or source of filth shall emanate from the property. Dust is not created as part of the Donofrios hobby breeding program. Noise is not an issue as discussed above, and no odors or sources of filth emanate from the Property. Please reference Tab 2 of the initial Special Use Permit application to review the operation and cleaning practices of my clients. (3) An individual sewage disposal system capable of handling all feces and urine waste from the kennel or the feces and urine waste shall be stored in a sealed container, capable of being pumped to allow a commercial hauler to dispose of the feces and urine waste at an approved solid waste disposal site. All dog waste from these tiny animals is flushed down the toilet to the Donofrios' 1500 gallon concrete individual sewage disposal system. The Donofrios have a commercial hauler pump out the system once a year and they regularly use RidX. Bleach water is used to clean all surfaces in the Donofrios home to eliminate odors and disposed of down the drain. The dog bedding is washed regularly. (4) All liquid and solid wastes, as defined in the Solid Waste Disposal Sites and Facilities Act, CRS § 30-20-100.5, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. As discussed herein, all liquid and solid wastes are disposed of properly to protect against surface and groundwater contamination. (5) No permanent disposal of any waste shall be permitted at a site. This does not include those wastes specifically excluded from the definition of a solid waste in CRS § 30-20-100.5. The Donofrios do not permanently dispose of any waste on the Property. (6) Special events that attract more than 25 participants shall be prohibited on a site, unless approved as part of the original permit and the proposed special events are well defined as a part of the permitting process. The Donofrios do not have events at the Property that attract 25 participants. If someone is interested in purchasing a puppy, my clients go to the customer's home for consultation. 'tune rtoragetoonerrithArnvrent SUP Inlo.W] August 17, 2006 Page 3—Garfield County Building & Planning (7) Animal and food wastes, bedding, debris and other organic wastes shall be disposed of so that vermin infestation, odors, disease hazards and nuisances are minimized. Such wastes shall be removed at least weekly, or more frequently, from the facility and hauled by commercial hauler to an approved solid waste disposal site. Please see our answers above. All organic waste is disposed of properly. Bedding is washed regularly and food wastes are disposed of at the dump to eliminate vermin infestation, odors, disease hazards and nuisances. The State of Colorado, Department of Agriculture visited the Property in April of 2006 for an entire day and approved all operations, disposal and cleaning practices of the applicants (see Tab 2 in the initial application). (8) No more than (1) dog per acre of land on the property permitted for a kennel, with a maximum of 60 dogs on a single property. We submitted a text amendment to modify this provision to allow kennels on property with two or more acres. Also, it should be noted that the one dog per acre limitation was added on August 5, 2002. The Donofrios have been operating their breeding program in their home since 1998. They were initially informed by County officials that no license or permit was required and only recently learned of this restriction (see initial SUP packet, Tab 2). C. Please submit information as to any separated mineral interests on the subject property. This information can be obtained from the title commitment for the Property located at Tab 7 of our initial Special Use Permit application. Please contact me if you have any questions in regards to this matter. Yours very truly, / 1f l/ K LLY ` AVE xc: Jeannie and Frank Donofrio Maullfle noragelk 11knofriolAmenkd SUP Info.nyJ