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HomeMy WebLinkAbout2.0 AddendumU/,rh t /-arY ADDENDUM To: Board of County Commissioners From: Planning Department Re: O'Neal - Kennel Special Use Permit Modifications Date: September 5, 1996 The Board will recail that Monte & Linda ONeal received conditional approval for a proposed kennel that would be located on their property on Morrisania lvlesa. Among the conditions the applicants were required to meet was the demonstration of a legal water supply for the kennel, prior to final approval of the SIIP. It appears this legal water supply is rather elusive and it was suggested to the Ci,i.leals by a Water Commissioner that they use a cistern, purchase water from an entity that has the legal and physical water supply, and haul the water to their property. Lengthy discussions with Mrs. O Neal have indicated this may not be as simple as it seems, especially when a "long-term" water supply continues to be undefined as does the actual supplier of the water. Apparently, certain ,unl"ipAities do supply water for domestic use, but do not provide water for "commercial"uses' The ZorungResolution gives no guidance concerning the water supply for kennels. Additionally, the applicants are requesting modifications to the conditionally approved size of the kennel. The original application contemplated a total of 17 dogs and 6 cats, which the applicants are nowproposingto increaseto, possibly, 25 dogs and 10 cats, to be contained in a 60'x 25'structure, with ttre suggestion of possibly increasing the size of the operation even further, sometime in the future. In staffs opinion, the optimal manner to secure the "long-term," legal supply is to amend the existing, domestic well permit, which would require a water court decree, often a protracted and costly procedure. This opinion is based on the relative certainty that the issuance of a well permit is a ieliable, legal supply and the main variable of concern is the physical constraints of the aquifer. Conversely, the use of a cistern and the reliance on an outside water supplier(s) introduces variables that are beyond the control of the applicants and a perpetual supply may become increasingly more difficult to obtain, even in the near-term. Staffsuggests the following course of action as a discussion topic and possible condition of approval: The Board allow the cistern as the water supply for the kennel, as originally proposed, with the provision that if the operation ever increases in size or after an elapsed amount of time (for instance 5 years), the applicanis be required to amend their weil permit to reflect the "commercial" use of the well. This allows the appiicants time to determine the economic feasibility of the kennel, and realize a potential profit to oFset the costs involved with amending the well permit and provision of related infrastructure. -l' The amendment to the well permit could also occur concurrently with the operation of the kennel. This would assist in meeting two objectives; first, it allows the applicants to discern the feasibility of the kennel without immediately being subjected to the well amendment procedure and the costs of a larger operation; and second, it would assist the County in wise land-use planning goals (in staffs opinion), that is, the provision of an adequate, legal, long-term water supply. Perhaps it should be noted that it is not within the domain of the County to enforce provisions of well permits, that authority rests solely with the DMsion of Water Resources. However, it is within the domain of the County to promote the healttq safety and welfare of the present and future inhabitants of the County. Staffinterprets this provision to mean the County should exercise diligence in assuring that all legal requirements are met with all land-use proposals. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required for the hearing before the Board of County Commissioners. 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 hearing. That the application is in compliance with the Garfield County Zontng Resolution of i978, as amended. That for the above stated and other reasons, the proposed Special Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. RECONT}IENDATION Staffrecommends APPROVAL of the application, subject to the following conditions: I 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. The kennel shall be completeiy enclosed within a building that prevents any sounds from emanating from the property boundary. No dust, noise, odors or source of filth shall emanate from the property. An individual sewage disposal system capable of handling all waste for the kennel shall be installed and documentation of this fact shall be provided to the Planning Department, prior to final approval of the Special Use Permit' ). .? --- J. 4. 2 5.Prior to final approyrl of the Speciai Use Permit, the owner/operator of the kennel shall be required to ei-ter into a EftJerm contract with arr-Etity that has the legal and physicalabijitv to supply water for the kennel operation.\ After a term of no more nu" +#ffiAfo*'in" aut. of approvaf of tf,e-Special Use Permit, the owner/operator shall be required to provide a well permit that allows for a commercial use of the well and specifically state the well has been permitted as the water slBflY Tvar 4 "for the operation of the kennel. Upon satisfactorily demonstrating the abodd, the 6,s^rt <1t7\ applicants shall be allowed the expansion of the kennel operation, consistent with the fl€o'+Rp 'p t' pioposed modifications contained herein. Specifically, the boarding of up to 25 dogsf9€ d,€!!-to' and 10 cats. Any further expansion in the size or nature of the kennel operation shall)' j l" *r"; require another modification to the issued Special use Permit ft"]*" n{ No outdoor dog runs will be allowed. f il{ G"'t'| 7. Only one (1) sign may be allowed on the property which is further subject to all provisions of Section 5.07 of the Garfield County Zorrng Resolution of 1978, as amended. All construction of the building and attendant facilities shall be subject to County permitting and the Uniform Building Code of 1994, as adopted. The Special Use Permit for the kennel shall be issued upon demonstration that the applicants have satisfactoriiy met all conditions of approval contained herein. 6. 8 9. .3' PROJECT INFORMATION AND STAFF COMMENTS BOCC 613196 A Special Use Permit for a Dog/Cat Kennel Linda & Monte ONeal A tract of land located in Section 11, T7S, R95W of the 6th P.M.; approximately four (4) miles east of Parachute, on the north side of County Road 3 0l . 45 +l- Acres Well Individual Sewage disposal System Direct access to CR 30i A/R/RD North/South: O/S East/West: A/R/RD REOUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING ZONING: AD.IACENT ZONING: L tr. RELATIONSHIP TO THE COMPREHENSTYE PLAN The subjea tract is located within District E - Severe,Moderate Environmental Constraints, as designated by the Garfield County Comprehensive Plan's Management Districts Map. DESCRTPTION OF THE PROPOSAL A. Site Description: This 45 *l- acre tract is located approximately four (4) miles east of Parachute, on the north side of County Road 301 The topography slopes northward at an average slope of approximately 2Oo/o, which is further dissected by perennial tributaries to Cottonwood Creek. An existing, single-family dwelling and related agriculturalbuiidings are located in the south-central portion of the tract. B. Adjacent Land Uses: Adjacent land uses are largely agricultural and residential, generally occupying relatively large tracts of land. Bureau of Land Management owns southeast and northwest of the subject tract. See vicinity map, page C. Proposal: The applicants are proposing a kennel that would house up to 17 dogs and six (6) cats, in a structure with approximate dimensions of 35 feet by 50 feet. Actual square footage has been calculated to be 1575 square feet. The kennel would be a separate structure, located approximately 100 feet.behind-(north of) the existing residence. See narrative and site diagrams, pages /0 ,ll MAJOR ISSUES AND CONCERNS Zonng'. The subject tract is located within the A/R/RD zone district, which does allow a kennel upon the issuance of a Special Use Permit. Section 2.02.31 1 of the Garfield County Zorung Resolution of 1978, as amended, defines a kennel as "An establishment other than a pet shop or veterinary clinic, in which more than four (a) 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 litters of dogs or domesticated animals are bred in any one calendar year. Section 5.03. 15 of the Resolution further defines the supplementary criteria that all kennels must meet. To wit: l) All kennels shall be completely enclosed within a building that prevents any sounds from emanating from the property boundary in all agricultural and residential zone districts. Commercial zone districts may allow kennels with outdoor dog runs, provided dogs are on-ly allowed outside during the hours of 8:00 a.m. to 5:00 p.m. and it can be demonstrated that no noise will emanate beyond the property boundaries to any residential area after those hours. 2) No dust, noise, odors or source of filth shall emanate from the property. 3) An individual sewage disposal system capable of handling all waste for the kennel shall be installed. 4) No outdoor dog runs will be allowed, except in commercially zoned areas and approved with conditions consistent with item (1), above' Section 5.03 (1) of the Resolution states that special uses shall have utilities adequate to provide water and sanitation service based on accepted engineering standards and shall either be in place or shall be constructed in conjunction with the proposed use. Water: The applicants propose the use of the existing well as the water supply for the kennel. No well permit has been submitted with the application and attempts to obtain the permit from the Division of Water Resources (DWR) have been m. F.o) D unsuccessful, however, the applicants claim the well is a domestic well. Discussions with DWR indicate that a clomestic well permit alone would not be a legal supply of water for the proposed use. A representative of DWR indicated that it would be necessary to obtain a water allotment contract from the West Divide Water Conservancy District to augment the additional water needs. Staffrecommends that all legal water supply information be completed and submitted to the Planning Department prior to final approval. Sewer: The petitioners state, within the application, that if the existing septic tank is capable, then it will be used for waste water treatment. Staff has attempted to determine the size of the existing tank to discern its ability to process the additional waste water, but has been unable to do so. Typically, unless the system was originally sized and installed for the anticipated, future capacity, it is usually necessary to install a new system as the tank and leach field are too small. A publication of the Colorado Department of Health titled "Guidelines on Individual Sewage Disposal Systems" (rwised 1gg4), indicates that dog kennels can be expected to use 3 0 gallons of water, per dog, per day. No information regarding cats is included. Using the maximum numbei of dogs that could be contained within the proposed kennel and arbitrarily calculating that two (2) cats wouid use an equivalent amount of water as one (1) dog, staff has calculated that the proposed kennel would generate 600 gailons of waste water, per day (see chart, pug" l$ l. 17 dogs x 30 gallons of water/day = 510 gallons : 600 gallons These figures do not assume to design the ISD system for the applicants; however, they are intended to shed light on the feasibility of using the existing system for the additional waste. Staffhas concluded that it will be necessary to install a new system solely for the kennel and recommends that the system be installed prior to final authorization of a Special Use permit. According to the Soil Conservation Service, soils on-site are classified as the Potts- Ildefonso complex, typically a deep, well-drained soil with moderate to rapid permeability. When used for building site development and the placement of ISD systems, the soils are considered to have severe limitations, generally due to slope and large stones. It may be necessary to engineer the ISD system' Access: Access to the site is provided along County Road 301 and an existing driveway that provides access to the dwelling. Aside from additional traffic in the vicinity and along CR 301 that would be generated by the special use, staffdoes not contemplate significant impacts caused by the proposed activity. Potentiallmpacts: The proposed kennel could, potentially, be the cause of negative impacts to adjacent lands. Considering the proposed location and setbacks of the kennel, the disiance of separation from existing residences (approximately one mile)' .(. and strict adherence to the zoning, it is staffs opinion that the proposed kennel could be operated without significantly impacting the adjacent lands and recommends that the provisions under Section 5.03 . 1 5 of the Resolution, as stated earlier, be conditions of approval. Comments: To date, staffhas not received any comments, either positive or negative, from adjacent or affected landowners concerning the proposed use. w.SUGGESTED FINDINGS 1.That proper posting and public notice was provided as required for the hearing before the Board of County Commissioners. That the complete, interested hearing before the Board of County Commissioners was extensive and that all pertinent facts, matters and issues were submitted and that all parties were heard at that hearing. That the application is in compliance with the Garfield County Zorung Resolution of 1978, as amended. That for the above stated and other reasons, the proposed Special Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. -7r rrr, .v trLvl vr !s- vlrr r 'rr" SECU 11 : rHAr pARr oF rHE E1/2NEtLytNG NORTH OF COUNTY ROAD NO.3O1 '- 1329r__-I ior/)o n L t I nst_ I -(,) g 6\ uIELL ( _c{. ,lt u".,,, -_./_7_--/--/ E I 1- I 18 t-ur i Sru .-7fu '€cT sII iJ5fL t- A(r +< r€ 3 I I \\ff .rf o) $"r'*2 rJ5,E* c!!l EE rE GREEN BROKE Arifddala: . HIGHCOUNTRY - BEAX4ENNINGS . ?ROUNE . MATNIEIYS . MAITIN . *rota ' sft@tti8 1-'o ' gaga f+F5!to toFlr' / SATt{q tD lO Pe Keith & Robin Clerioru' Or^rnet -t John L. a"7"'j-- . REINING. BREAKING CUNICS GARY GAFMO BROOME IRAINER o N,I ONl'll & l.lNDr\ O'NIiAL l)r'oposcd Dog/Cat l(ennel llaqtriratttanls: L Plans for proposccl use is to builcl a clog l<crtrtel rvith I7 separate kennels for clogs arrd 6lbr cats. I'lours of operatiort r.vottld be 7:00 Alvl to 7:00 Plvl i,vhen people coulcl drop off or pick up their pets. Tlte nttrnber of velicles r,vould vary on tirne ol'year artd ltolidays, etc. Irrvould thinl< the weekepcl traffic would be heavicr thart clurirtg tlte rveel<. The location of the stnrcture rvould be about t00'behincl the ltouse. The size of the stnrcttrre rvill be approxirnately 50' x 35'. 2. Servage - We wilt rrse thc existing septic il'it is large ettottglt and if not ,uve rvill install another otle accorcling thc courtties specilications. We have a dornestic lvell. Roacl access is a rlrivervay that lcacls to the hottse lrortt County Rd. 301 . 3. Vicinity rttap ettclosecl 4. N/A 5. Epclosccl. We only ltavc trvrt lanrl orvttcrs ttcxt to tts. The other trvo sides are Bl-Ivl. 6. S{00.00 cttcltlsctl 7 . Deed of Tnrst cnclosetl. If yotr neecl arrl,other papers or inlirnttation, ltlease call tls at 285-0217. TSank you fbr yout'consicleration olthis Sltecial/Cortditional Use Perrnit. '/ o r IVIONTE & LINDA O'NEAL Proposed Dog/Cat Kennel Requirernenls: L Plans for proposed use is to build a dog/cat kennel with 17 to 25 separate kennels for dogs and 6 to 10 for cats. Hours of operation would be 7:00 AM to 7:00 PM when people could drop offor pick up their pets. The number of vehicles would vary on time of year and holidays, etc. I would think the weekend traffic would be heavier than during the rveek. The location of the structure would be about 100' behind the house. The size of the structure will be approximately 60'x 25'. In the future, if business is good and we are full all of the time, we will want to add on. 2. Sewage - We wiil install a separate septic for the kennel. We rvill put in a large enough one for funre development in case we add onto the keunel. We would like to put rn a cistern to be used for the kennel. Road access is a driveway that leads to the house from Counqy Rd. 301. 3. Viciniry map enclosed. 4. b{/A 5. Enclosed. We onlv have lwo land owners next to us. The other lwo sides are BLN[. 6. 5400.00 submitted. 7 . Deed of Trust enclosed. If you need any other papers or intbrmation, please call us at 285-02'7'7 . Thank you for your consideration of thrs Special/Conditional Use Permit. -/l- TO: Plaruring Dept. ATTN: Eric RF,: Dog Kennel (Monte & Linda O'Neal) 910-285-0217 purchasing water from West Divide would only satisfy our needs for half of the year. Theie is a senior water right below us rvho irrigates &orn May to Oct. N{r. klenda, the Water Commissioner came out and met with us and told us the simplest solution would be to install a cistern and purchase water and have it delivered. We are lvilling to do this and need the counties approval before we start. Also, the kennel is going to cost more than rve had anticipated, so we are wanting to put a few kennels in the garage to get some revenue coming in and sce what kind of i.rponr. we have from the area as far as the need for a kennel before we go to all the expense. l'm sure the response rvill be good, because of the response we have had from pet owxers, groomers, veterinanans, etc. already. we have already been gettrng calls to board peoples dogs, but no where to put them. That is why we thouglrt if we could set up something temporanly in the garage till say next spnng. I talked to the Colo. Dept. of Agnculfure , Animal Industry Div'ision and lvent over the idea with them, and I have their approval to start it right alvay. It lvill just be temporary until u,e get the already approved building built. The kennels that r+ill be in the garage are totall-v self-contarned one piece units that are custom made, They are 4'x6' rvrth raised floor and drain with a pan underneath. We have a fenced area ofrthe gamge that we can let the dogs out lnto one at a time. Please go over this and let us know what we need to do, if anything to get tfus operational as soon as possible. We are wantrng to order these rurits Monday, as it takes 4 weeks to get them. If rve wait any longer, the compa;ry goes lnto it's busy season and rve won't be able to get them till the first of next year. - lz- 35t35f":U 5, 3,U U F T,iT E5 ? ES o u R c E s B1B Ccnlennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3s81 Fornr No. GWS.25 \ I \ APPLICANT LINDA GRAVIETT P O BOX 6118 BATTLEMENT MESA CO 81636. (970)28s-A277 PEHMII'TO CONSTRUCT A WELL Lot: Block: Filing: Subdiv: 1 09s APPHOVED WELL LOCATION GARFIELD COUNTY NE 114 NE 1/4 Section 1 1 Twp 7 S RANGE 95 W 6th P.M. DISTANCES FROM SECTION LINES 1000 Ft. from North Section Line 550 Ft. from East Section Line WELL PERMIT NUMBER DIV. 5 CNTY. 23 a9'z'775 WD 45 DES. BASIN MD ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPHOVAL 1) 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 inlury wiil occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 4OZ-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and pump lnstallation Contractors in accordance with Rule 1g. 3) Approved pursuant to cRS 37-92-602(3) (b)(ll)(A) as the onty well on a tract of tand of 40+ acres described as that portion of the E1/z at the NE % oF Sec. 1'1, Twp. 7 South, Fng. 95 West, 6th p.M., Garfietd Counry, lying north of County Road 301. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to 3 single family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. 5) The maximum pumping rate shall not exceed 1S GpM. 6) The return flow from the use of the well must be through an individual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Monitoring and observation hole notice no. MH-26986, was acknowledged on November 14, 1g95. JD )-b -71 OWi'iii-i S CCi'Y APPFOVED JO2 Beceipt No. 0394784 DATE ISSUED FEB O 8 1996 Q, E*,:t;- -EXPIRATION DATE FL'd u tJ rJi',ij -13 - oa (\ \fss\ + \ \ \ \ N} d NN 6, s' - l-l - t N\ h\' ..1 <',{ ',)!'; hr\) x \.-1\ Ln(\ b.\ n\ .,\ \ \ t, \\ h t* C\ s.(_ \ f.. \ i..(- + ' rl \ \- & x h atoaf oll ?_50 BO* 'a]@ ( lrer persott at t-encl .i lr,:1 ) .02 actoriEs affi p1-iEi- ( excl-us j-ve of i.ttiltrst:rial vlastes )(per emplc-iyee per {.1-ltour shift-no sltovrers) ') (\.05 t-lxrtlr.. s-rlr!.i.[. -' :;l]r.r','i,ri':.i IrJ't)r".i 11 i.:t.i ) ')nJ_).08 ootl Eer,rice es t-allJ-islrtttents ( per s'ca'c ) Rest-auratrt- (O1Jen .1. or 2 mea Is ) 50 06/meaI served 2 4 -hottr Ilestaur..r tt t--75 O7/meaI served nestaurant rvith paper service only 1q.01/meaI served Additional for l:ars attd cocktaiI lounges 30 .o2 DiJve- in llestar-trattt- (per car space) 50 .02 Kent're 1s ( per ciocl )30 .20 I(per cottttttet.-cj-al t'ritsller) I ,1 0U AF dFffEE Bu ilTinqs_..-- (per entl:Io1'ee []er 8-l'tottt: shift) Stores anrl SlroPPilrg Ce:ttt:crs (per sLluare fooL <;1. Retail sltace) 15 I 06 Of,t Service Stat i.ons (per toilet f i.xturc) ') c /l .50* [5t.adf.ums , Race 'I'ri]cks, lla I I lparks II ( per se;tt ) 5 .02 'fheaters (N1ovie, Incloor, or Aud itor iun ) 5 ffii-orr,:,rntiis (setni-pertnanetrt- - wj-t-)r f Iustr toilets) 5o .71 ffiiotlcrlll,trs (serni-permatrent- - w ithott f Iush toi Iets ) l5 .02 Instrtut lona . (does Ilo L k itchen er fLows) i nc Iude wa s tevr.r t 5------- 25o-_-EurEEEs--Got l-rrZ r \r..ti ru i ,-'].>,Ti . o1 iloEFTEls -atxrr bcd :-;l"r-;'1 lrl -ttrt;a( 6s-r^*,o,nl,fitWitaa{ Gnur-o ..tf ?aa-t",t f o /o*."o,Dav g.,>bf /ec,-r^uf r2oY tr * .?- efi ( ,15 .