HomeMy WebLinkAbout4.0 BOCC Staff Report 10.14.2002REOUEST:
APPLICANT:
LOCATION:
SITE DATA:
ACCESS:
WA TER:
SEWER:
EXISTING ZONING:
SURROI-INDING ZONING:
BOCC t1lr4l02
MLB
PROJECT INT'ORMATION AND STAFF COMMENTS
A request for review of a Special Use Permit to allow a Kennel
operation.
WilliamPinkham.
A portion of the NE 1/4 of Section 15, Township 7 South, Range
89 West of the 6th Prime Meridian. Approximately five (5) miles
southeast of Glenwood Springs off of County Road 125.
Approximately 40.0 acres. A log home and metal building are
currently on site.
Thirty foot (30') recorded "non-exclusive" access easement off of
County Road 125.
Single commercial well which allows for the watering of
domestic animals.
Dumpster and hauling by solid waste hauler
A/R/RD
A/R/RD
I. INTRODUCTION/DESCRIPTION OF TTIE PROPOSAL:
The applicant has approached the county to receive a Special Use Permit for the purpose of allowing a
Kennel. The property currently has a log house (applicant's primary residence) and a 30'x 50' steel building
on-site to be used for the kennel. The subject properly is accessed via a thirty foot (30') recorded "non-
exclusive" access easement off of County Road 125.
The applicant is proposing a dog kerurel on-site to house, raise and breed husky dogs for personal dog
sledding/racing and a future tour (dog sledding) business to be run off-site. The tour business is a future
venture where the dogs are to be brought to a designated site ( off- site) to meet clients for dog sledding
tours. No parking of vehicles by clients is to occur on- site. Client vehicles are to be parked at the off-site
area where the dog sledding tours are to occur. A total of five ( 5) employees is envisioned at the peek of
the tour business. One ( I ) employee will reside on-site to help with the dogs and an additional employee
along with a total of three (3) guides will be employed for the tour business, not to reside on-site. Ample
parking is available on-site for the resident's of the premises and the single employee to be on-site (12+
parking spaces available). There will be approximately three (3) vehicle trips per day to and from
the subject property including family and the single employee on-site. Hours of operation will be
from 8:00 a.m. to 5:00 p.m. Sunday through Saturday (7 days a week). This will include the
operations of the future tour business. Originally, waste remaining on-site was proposed to be
treated in a large pit, first by burning and then adding lime. ln a subsequent application the
applicant proposed to select the most efficient of the following methods.
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o Collection and containntflt of animal waste in plastic bags on a rg4rlar basis (daily) and taken to
Caca Loco near the Sorthlnyon Landfill on." i week to 6" .o*nQled wit similar waste and
recycled into compost.
o Collection and containment of animal waste in plastic bags on a daily basis, contained in a
commercial dumpster, picked up weekly, and disposed of in a manner acceptable to protect public
health and the environment.
. Lique& the solid waste and dispose of it in a subsurface application or commercial waste water
collection system.
As a result of staff stating that the applicant needed to propose one method of waste disposal for the
application. In an amended application, the applicant proposes to use the second method, by
entering into a contract with Waste Management.
Breeding is not proposed to begin for two to three years. The applicant is proposing a maximum of
forty (40) dogs at anyone time on premises once breeding is begun. These dogs are to be tethered in
clustered outdoor kennels, immediately adjacent to the steel buildin.g. To further mitigate any
noise from barking dogs, the applicant is proposing to place earth and hay bale berms, ranging in
height from 36" to 72" in height on portions of the property. The berm on the north side of the
upper dog area is to be placed immediately, with another five berms noted as o'future berm as
needed". (See information in submittal).
tr. ZONING RESOLUTION :
The subject property is zoned Agricultural/Residential/Rural Density (AINRD) which allows
kennels as a Special Use.
Section 2.02.311 defines a kennel 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 anyone calendar yea.r."
Section 5.03 CONDITIONAL AND SPECIAL USES:
As listed under Zone District Regulations, conditional and special wses shall conform to all
requirements listed thereunder and elsewhere in this Resolution plus thefollowing requirements:
l) Utilities adequate to provide water and sanitation service based ctn accepted engineering
standards and approved by the Board of County Commissioners s,hall either be in place or shall
be constructed in conjunction with the proposed use;
RBSPONSE: The applicant has obtained a commercial well permit, No.5433GF, according
to the application. No copy of the well permit is included in the application. According to the
application, this permit will allow the watering of dogs from the rvell. The application has
stated that animal waste will by the collection and containment of animal waste in plastic
bags on a daily basis, contained in a commercial dumpster, picked up weekly, and disposed of
in a manner acceptable to protect public health and the envirorrment.
It is staffs position that the use of plastic bags and a commercial dumpster do not meet the
most recently adopted standard for disposal of animal feces, which states the following:
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.
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waste disposal site", did not include the use of a "commercial dumpster". A dumpster could
not contain waste in a manner such that it could be pumped and putting a lid on the top is not
sealed.
2) Street improvements adequate to accommodate trffic volume gTenerated by the proposed use
and to provide sde, convenient access to the use shall either be: in place or shall be constructed
in conjunction with the proposed use.
RESPONSE: The amount of traffic projected is three trips pen clay, which is less than the
ITE Traffic Manual would project for a single family dwelling. Regardless, the applicant
should not cause an increase in traffic that would justify a need tro improve any existing
roadways.
3) Design of the proposed use is organized to minimize impact on and from adiacent uses of land
through installation of screen fences or landscape materials on the periphery of the lot and by
location of intensively utilized ereqs, access points, lighting and signs in such o manner as to
protect established neighborhood character.
RESPONSE: The applicant has proposed to mitigate any noise l'rom barking dogs, by
placing earth and hay bale berms, ranging in height from 36" to'72" in height on portions of
the property. The two berms on the north side of the upper dog area is to be placed
immediately, with another five berms to be placed if noise standards are exceeded. While
the placing of the berms seems to be a good solution to the noise issue, staff is not clear on the
size of the berms to be placed. If it is determined that the other berms need to be placed due
to a violation, the appticant will be in violation of any approval given to a special use permit.
AII dogs on site would have to be removed from the site, until it could be determined that the
new berms would mitigate the noise impact. Staff needs to knou' the actual size of the berms
to be placed, otherwise it is impossible to determine if the applicant has complied with any
conditions of approval.
In a previous application, night training and camping out was proposed in the application. If
this is to occur, it must be off-site, and any traveling to and frorn the subject property must
occur between the hours of 8:00 a.m. and 5:00 p.m.. This is an issue that staff is not certain is
a part of the application, but it needed to be addressed.
The apptication notes that there will be an employee working and living on site. It should be
noted as a condition of approval that any employee will be livirrg in the same dwelling as the
applicant and that no separate dwelling can be built for an employee without going through
the appropriate County regulations for an accessory dwelling.
Section 5.03.15 establishes the following standards for a kennel:
1) All kennels shall be completely enclosed within a building that p,vsvgnts any sounds from
emanatingfrom the property boundary in excess of the Residentia,t Zone District standards
contained in CRS S 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.
Sunrise and sunset shall be based on the fficial time as determtned by the Old Farmers
Almanac charts of sunrise and sunset for the location of the ken,nel. A kennel may have dogs
outdoors if the noisefrom the kennel does not exceed the noise standards cited previously and
complies with other Garfield County regulations as provided in Serction 1.07 of the Garfield
County Zoning Resolution of 1978, as amended.
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RESPONSE: The applictat has provided any information rega{lng the anticipated level of sound
from the kennel off of thJoperty in this application with beril] proposed to mitigate sound.
The information provided on the sound impacts does not directly address the standards contained in
CRS $ 25-12-103, It appears from the readings done by the applicant's consultants that there are
not any measured noise impacts from the applicant's property, but there is no specific stateme.t^-
addressing the standards contained in CRS $ 25-12-103. t
2) No dust, noise in excess of the Residential Zone District standards'contained in CRS S 25-12-103 , with
the exception that no noise in excess of 55 db(A) from sunrise to sunset. and 50 db(A) from stmset to
sunrise as defined above will be allowed., odors or source offilth shall emanatefrom the property.
RESPONSE: The only issue addressed in the application is the noise issue. There are no statements
regarding dust, odors or sources of filth contained in the application. Staff questions whether or
not the area proposed to be used as an outdoor kennel will be a potential source of dust, without
some treatment to the area. The dogs will trample down any vegetation and eventually the area will
be a potential dust source during high winds.
3) An individual sewage disposal system capable of handling allferces and urine wastefrom the kennel or
thefeces and urine waste shall be stored in a sealed container, capable of being pumped to allow a
commercial hauler to dispose of thefeces and urine waste at an aptproved solid waste disposal site.
RESPONSE: Staff is still of the opinion that the proposed mel;hod of waste disposal does not meet
this criteria.
4) Att liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act, CR.S $ -r0-
20-100.5, shall be stored and removed .forfinal disposal in a manner that protects against surface and
groundw at er c ontamination.
RESPONSE: The applicant is proposing to meet this criteria by having the animal waste pi.f."aQ
and put in plastic bags, then in a covered dumpster and then h:luled to landfill by a local solid waste
hauler. If the dumpsters do not leak, then the applicant can meet this criteria.
5) No permanent disposal of any waste shall be permitted at a sitet This does not include those wastes
specifically excludedfrom the definition of a solid waste in CRS S' 30-20-100.5.
RESPONSE: No permanent disposal of waste is proposed as a part of the application, but this
statement should be a condition of approval.
6) Special events that attract more than 25 participants shall be prohibited on a site, unless approved as a
part of the original permit and the proposed special events are well defined as a part of the permitting
process.
RESPONSE: There are no special events proposed as a part of this application and this standard
should be a condition of approval.
7) Animal andfood wastes , bedding, debris and other organic wastes shall be disposed of so that vermin
infestation, odors, disease hazards and nuisances are minimizea!.. Such wastes shall be removed at least
weekly, or morefrequently, from thefacility and hauled by comrnercial hauler to an approved solid
waste disposal site.
RESPONSE: The application has proposed to have all waste stored in a dumpster and tf,.. t uut
off site by the local solid waste disposal company.
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8) No more than "";,fl:ry; acre of land on the properU rermilfflfor a kennel, with a maximum of
60 dogs on a sin
RESPONSE: The applicant has
should be a condition of approval.
Itr. SUCJGESTEDFINDINGS:
40 acres of land, which allows him a maximum of 40 dogs, which
1. That proper posting and public notice was provided as required for the hearing before the Board
of County Commissioners.
2.T\at the hearing before the Board of County Commissioners was extensive and complete, that all
pertinort facts, matters and issues were submitted and that all interested parties were heard at that
meeting.
3. That for the above stated and other reasons, the proposed Special Use Permit is not in the best
interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield
County.
IV. RECOMMENDATION
Staff cannot recommend approval of the application at this time, due to staff s interpretation of
Section 5.03.15 (2) and(3), which deal with dust, odors, source of filth and disposal of animal
waste in a "sealed container capable of being pumped".
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