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Home My WebLink About5.0 BOCC Staff Report 06.03.1996REOTIIIST: APPLICANT: I,OCATION: SITE DATA: WATER: SEWBR: ACCESS: EXISTING ZONING: ADJACENT ZONING: PRO.IECT INFORMATION BOCC 6/3/96 AND STAFF COMMENTS A Special Use Permit for a Dog/Cat Kennel Linda & Monte O'Neal 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 301. 45 +l- Acres Well Individual Sewage disposal System Direct access to CR 301 A/R/RD North/South: O/S East/West. A/R/RD REI,ATIONSIIIP TO TI{E COMPREIIENSIVE PI,AN The subject tract is located within District E - Severe/Moderate Environmental Constraints, as designated by the Garfield County Comprehensive Plan's Management Districts Map. II. DESCRIPTION OF TIIE PROPOSAL 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 northwarcl at an average slope of approxirnately 20o/o, which is further dissected by perennial tribLrtaries to Cottonwood Creek. An existing, single-family dwelling and related agricultural buildings are located in the south-central portion of the tract. Acljacent l-and Uses: Adjacent land uses are largely agricultural and residential, generally occupying relatively large tracts of land Bureau of Land Management owns propertv southeast and northwest of the subject tract. See vicinity map, page 5+a Proposal: The applicants are proposing a kennel that would house up to 17 dogs and six (6) cats, in a structure with approxirnate dimensions of 3 5 feet by 50 feet. Actual square footage has been calculated to be 1575 square feet. The kennel would be a separate structure, located approxirnately 100 feet behind (north of) the existing resiclence. See narralive ancl site diagrarns, pages gL1,- A ll C e l- A III. Zoning: 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 2'02'3ll of the Garfield cor.rnty zoningResolution or iqzg, as amended, defines a kennel as "An establishment other thai a pet shop or veterinary clinic, in which more than four (4) aclult clogs or dornesticatecl 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 domesticatecl anirnals are bred in any one calendar year' Section 5.03. I 5 of the Resolution further defines the supplementary criteria that all kennels must meet. To wit: l) All kennels shall be cornpletely enclosed within a building that prevents any sottndsfiomemanatingfrornthepropertyboundaryinallagriculturaland residential zone districts. Comrnercial'zone districts may allow kennels with outdoor dog runs, providecl dogs are only allowed outside. during the hours of 8:00 u.,i. ,o S:bO p.rn. and it can be demonstrated that no noise will emanate beyoncl the pioperty bounclaries to any residential area after those hours. 2) No dr-rst, noise' odors or source of filth shall emanate from the property' 3) An individual sewage clisposal system capable of handling all waste for the kennel shall be installed' 4) No outdoor clog nrns willbe allowecl, except in commercially zoned areas and approverlwithconditionsconsistentwithitem(l),above. Section 5.03 (l) of the ResolLrtion states that special uses shall have utilities adequate to provicle water ancl sanitation service based on accepted engineering standards and shall either be in place or shall be constructecl in conjunction with the proposed use' B. Water: The applicants propose the ttse of the existing well as the water supply for the kennel. No well permit fias been subrrritted with the application and attempts to obtain the perrnii from the Division of Water Resources (DWR) have been unsuccessful; however, the applicants clairn the well is a domestic well' Discussions withDWRindicatethatadomesticwe|tpermitalonewouldnotbealegalsupplyof water for the proposecl 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 aclditional water needs Staffrecommends that all legal water supply information be cornpleted and submitted to the Planning Departrnent 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 deterrnine the size of the existing tank to cliscern its ability to process the additional waste water, but has been unable io do so. Typically, unless the system was originally sized and installed fbr the anticipatecl, fi.ttrtre "apa"ity, it is usually necessary to install a new system as the tank and leach fielcl are too small A publication of the Colorado Department of Health titlecl "Guidelines on Individual Sewage Disposal Systems" (revised 1994), inclicates that dog kennels can be expected to use 30 gallons of water' per clog, per day. No information regarcling cats is included' Using the maximum number of dogs that could be contained within the proposed kennel and arbitrarily calculating thatiwo (2) cats woulcl use an equivalent amount of water as one ( I ) dog' staff has calculatecl that the proposecl kennel woulcl generate 600 gallons of waste water, per day (see chart, paeelle2]' l7 dogs x 30 gallons of water/daY 6 cats x l5 gallons of water/daY : 510 gallons: 90 gallons: 600 gallonsee' C D E 2 IV. V. These figures do not assgme 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 recommencls that the system be installed prior to final authorization of a Special Use perrnit. 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 builcling site development and the placement of ISD systems, the soils are considered to have severe limitations, generally due to slope and large stones. It rnay be necessary to engineer the ISD system' Access: Access to the site is proviclecl along Cotrnty Road 301 and an existing driveway that provides access to the clrvelling. Aside from additional traffic in the vicinity and along CR 301 that would be generated by the specialuse, staffdoes not contemplate significant impacts caused by the proposed activity. potential Impacts: The proposed kennel could, potentially, be the cause of negative impacts to acljacent lands. Consiclering the proposed location and setbacks of the kennel, the clistance of separation from existing residences (approximately one mile), and strict aclherence 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 Seition 5.03.15 of the Resolution, as stated earlier, be conditions of approval. Comrnents: To date, staffhas not received any comments, either positive or negative, fiom acljacent or affected landowners concerning the proposed use. ST]GGBSTED FINDINGS l. That proper posting and public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and cornplete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as arnended. 4 That for the above statecl ancl other reasons, the proposed Special Use Permit is in the best interest of the health, safety, morats, convenience, order, prosperity and welfare of the citizens of Garfield Cotrnty. RECOMMENDATION Staffrecommends APPROVAL of the application, subject to the following conditions: l. Thar all representations of the applicant, either within the application or stated at the hearing befbre the Board of County Commissioners, shall be considered conditions of approval. The kennel shall be completely enclosed within a building that prevents any sounds 'M"T^|iffp' a "x:::Y o"g' L * i?* fr*rq :7#,") -, *fffrr, ffiffior source of firtrr shal emanate from rhe property. 4. An individual sewage disposal system capable of handling all waste for the kennel shall be installed and clocumentation of this fact shall be provided to the Planning Department, prior to final approval of the Special Use Permit' -3- 5 A legal supply of water for the kennel shall be secured by the applicants and documentation of the legal water supply shall be submitted to the Planning Department, prior to final approval of the Special Use Permit. No outdoor dog runs will be allowed. Only one (l) sign rnay be allowed on the property which is further subject to all provisions of Section 5.07 of the Garfield County Zoning Resolution of 1978, as amended. All constnrction of the building and attendant facilities shall be subject to County perrnitting and the Unifbrm Btrilding Code of 1994, as adopted. The Special Use Perrnit for the kennel shall be issued upon demonstration that the applicants have satisfactorily met all conditions of approval contained herein. 6 9 .p 4- 8 fvyo" eEP 6l 14 Btji{ 18 !-ur i S^t'. .:saI -., tJJf,Lr- -c(i GREEN BROKE 6336 Counf Rood 3'll o New Costle' CO 81647 - ffia.guiingLaolrr'Laga r+rrlrroP.n / sATNdrolo Fc Keith & Robin Clemoru, Owners igos I s a+$3 5 1-800-539-333 5 Cati@dala: . HIGHCOUNTRY . BEAI4ENNINGS . PBoIJNE . MATIIIEWS r'PA Ov N'lON]'li & LINI)A O'Nlii\l' l)roltosecl Dog/Cat l(cnnel lla t1 t r i ran t a tt Lr : l. plarrs lbr proposccl rrso is to lrrrild a clog l<.crtttel rvith l7 separate l<eqrrels lor dogs ancl 6 lbr cals. IIours ol't-rlteratiolt rvottlcl be 7:00 AM to 7:00 PM rvfiep people coulcl clrop o11'or picli trp t|eir pets. 'f[e rrttrnber of vehicles r'votrlcl valy oll tirne ol')'eal'itttcl lroliclal'5' e1s' Irvotrld thinl< the weekelcl trafllc worrlcl bc heavier thart cluring the weel<. l-he location of the structure woulcl be about 100'behincl thc horrse. 'fhc size o['the strttctttre rvill be approxilnatelY 50' x 35' 2. Sewage - We will rrse tftc oxistirrg scptrc il'it is largc ettottglt arrd if rtot we will irrstall alotlrer one accot'ding tho cotrnties sllecilicatiolts. We ltave a dornestic well. I{oacl access is a drivervay that lcacls to tlre hottse {i'ottt County ttd 301 . Vicrnity ntap ettclosecl. 4. N/A 5. Enclosccl. We only ltavc lrvo lattd or'vttct's sides are Ill.M ncrt to tts. 'l'lrc olhcr trvo $-l(X) (X) cttclosctl. 7 . Deecl of Trtrst ctlclosetl. If yorr rreecl anl,other papers <lr iltlirrlltrttiolt,;llcase call tts at285-0277 ' TSark you lbr your consiclerirtion of tlris Sprcoial/Corttlitional Use Pennit' ?7 - Us G\ + \ \ \ \st }--- t D\ -_D_ 'rl \t-+x h c\{ \ I'..- \ \ \\ (^, \ t\ o-h l-. G\ g- :owr * , souTH, RANGE 9s wEsr o, C 6TH P.M. SECTION 11 : THAT PART OF THE E1/2NE1/4 LYING NORTH OF COUNTY ROAD NO.3O1 - 13?o 1-[-f I I I ia)(r) C) if)s r t J€rrl<- IF 1i lIrii II -l-_l',i\ ng \'.>, .'/'-\\ __i1:./--.-i----._: _ _ :7::-- SCALti : l/4"= 50' cl-?l ]fu; o( 6s'rnft-r*fi\e^r -i-AvertaGt ()n,'nutf ?.e-toul)av 2*^, o t go>bl/ea."-u f 12oY tra ctors o rgrounds(per pel:son r a c-E o r iE s a rxt- plaiilL ( excJ-us i-ve 'vlastes ) Ip"t employ shif t-no slt (pc:r-' eluP-loYr :iiriil-. - :;l1o' Fooa-serviCe csE(py.-r:r!l-- Restattri,rtr l- rneals ) 2 4 -ltour Ites EtauranE wfilr p servi-ce ol-) t iona I cocktail Iou Drive-in lte (per car s elrlre lsl pet' cl".l unclr ies , se -t I- (per colttllle ce nuir a-ftrqs (per etuplo strit:t) Eor.es .rnLl-shopFTll ( per s(1u.-rr Reta i I s[]ac ervi.ce Stat i ot (per toi.l e tadiums, Ilace Parks (per se;tt) eal-ers (Movie ud itor itrn )ffi ( sern i -perrn f luslr Loi I or or cottstrtl ( serni-perm flush toil include ki wastewater: urraEes--(not il rtoEpitals 1per.' lrecl ft ;lo a_l0o ( De-r aoctor:l 250 BO* _S! !"11!111) ILatrl-.s Iof Lttclttst-ri a1 J ,ee peF-E:tiour tovrer:s ),cp ln r rtixlrlrr )\,ir,lr i r; l)-1't)r.' ! clilt! ) Eell] islrilrtnls -- -(b1,err r-oF z - ;taur.rttt \.Ifil) p.urer ty f<;r l.l.rrs attd lur)ges ..--_----estauraI'tl- r-lar:r, ) 20 l5 o5 OB a)0 't5 . o6/meal- served @ 25 .01/neaI served 30 .02 50 x) .02 ) .20 -servlce :c j a1 tlitsher) 400 .l) JSyee per: 8 -hott t: -,-)prng cel)1--el:s e fool- of -qe )- IS rt- f ixturc) 't'ralC[E;- I]al-f- J ntlocr r ,or' .l ?-.-ro .06 I I T ffi o2 5 .02 ucfiorr ,j;rnrps -- ranetrl- - wit-lr Lets ) uctriEr) ctlll,Irs nanent - w,ithott Lets ) (does not- tchen : flows) icitrctirr,l i'-rioci r;eo iiJ"i-;'1 50 .l'l 3f; t .02 - t----- oL 20