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Home My WebLink About6.0 Resolution 2017-361111 MHO MIL IOW ilW ki.V14141111F 4h 11111 Recep$ion#: 695884 08/07/2017 04:15:27 RM Jean A1Derico 1 of 6 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the 10th day of July A.D. 2017, there were present: John Martin Mike Samson Tom Jankovsky Tari Williams Kelly Cave Jean Alberico Kevin Batchelder , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , Clerk of the Board (absent) , County Manager when the following proceedings, among others were had andtedone, to -wit: RESOLUTION NO.JD'/'�� A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A KENNEL, LARGE (MIPA-01-17-8514) ON A 9.268 ACRE PROPERTY OWNED BY CORI AND TREVER RIDER, LOCATED AT 500 COUNTY ROAD 259 NORTHEAST OF THE CITY OF RIFLE IN SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY PARCEL NO# 2127-342-00-161 Recitals A. The Board of County Commissioners of Garfield County, Colorado, "Board" received a request for a Land Use Change Permit to allow a Kennel, Large, as further described in Exhibit A, Site Plan. B. The Kennel, Large is located on an approximately 9.268 acre parcel of land owned by Cori and Trever Rider. C. The subject property is located within unincorporated Garfield County in the Rural zone district northeast of the City of Rifle off County Road 259 and accessed by an approximately 800 foot private access road. D. A Kennel, Large may be permitted in the Rural zone district with a Major Impact Review. 1 11111 rarI1+4MMI1IVCIDI1 1I1IUM1141110.11III Rece t i onit : 895834 028o0f 62 Rea F7 ee:$0.00 DocPM ,Fee:0.00 GARFIELD COUNTY CO E. The Board is authorized to approve, deny or approve with conditions a Major Impact application resulting in issuance of a Land Use Change Permit pursuant to the Garfield County Land Use and Development Code, as amended. F. The Planning Commission opened and closed a public hearing on the 10th day of May, 2017 for consideration of whether the proposed Land Use Change Permit should be recommended for approval or denial, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. At this hearing, the Planning Commission voted 7-0 to recommend that the Board of County Commissioners approve the Land Use Change Permit with conditions. G. The Board of County Commissioners opened a public hearing on the 10th day of July, 2017 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. H. The Board of County Commissioners closed the public hearing on the 10th day of July, 2017 to make a final decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that alI interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for the Kennel, Large is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of the Conditions of Approval the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. 2 111FargI %KIN Liskurpostoiiiiiiyih •1111 Reception#: 895834 06/07/2017 04:15:27 PM Jean Alberico 3 of 6 Ren Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Land Use Change Permit for a Kennel, Large is hereby approved subject to compliance with the following conditions: Conditions Prior to Issuance of Land Use Change Permit 1. Prior to issuance of the Land Use Change Permit the Applicant shall either: a. Drill a new well and conduct a water quantity and quality test on the new well as permitted on March 6, 2017 with Well Permit No. 80654-F. The results of the pump tests and water quality analyses shall comply with Section 4-203(M)(1)(b)(5)(a) and Section 4- 203(M)(1)(b)(5)(c) of the LUDC. The results of the pump tests and water quality analysis shall be reviewed and accepted by the Garfield County Community Development Department and designated County Engineer; or, b. Reinstate the existing well and conduct a water quantity and quality test on the well as permitted under Well Permit No. 56613-F. The results of the pump tests and water quality analyses shall comply with Section 4-203(M)(1)(b)(5)(a) and Section 4-203(M)(1)(b)(5)(c) of the LUDC. The results of the pump tests and water quality analysis shall be reviewed and accepted by the Garfield County Community Development Department and designated County Engineer. Should the existing well be reinstated, the Applicant shall also provide an updated well permit issued by the Division of Water Resources that indicates that the well may legally serve the Kennel use. This well permit shall be reviewed by the Division of Water Resources State Engineer and the County designated engineer. Based on comments received from the Division of Water Resources and the County designated engineer, this Permit shall also be reviewed and accepted as sufficient based on the Standards in the Land Use and Development Code by the Garfield County Community Development Department and County Attorney's Office. 2. Prior to issuance of the Land Use Change Permit, the Applicant shall provide the Community Development Department with a copy of the license for the kennel issued by the State Department of Agriculture. 3 1111 NI:1!i li NH %Nth E 0101111MM 4f g,lid 11111 Reception#: 895834 08!0712017 04:15:27 PM Jean Alberico 4 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 3. Prior to issuance of the Land Use Change Permit, the Applicant shall install fencing that will keep the boarded animals that are outside of a fully enclosed building a minimum of 25 feet from each property line during daytime hours (7am to 7pm) and 200 feet from each property line during nighttime hours (7am to 7pm). The Applicant shall provide the Community Development Department with an updated site plan showing the new fence lines for both daytime and nighttime enclosures and a statement indicating that such fencing has been installed. Conditions of Approval 4. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 5. That the operation of the Kennel, Large shall be done in accordance with all applicable Federal, State, and Iocal regulations governing the operation of this type of facility. 6. The kennel is limited to the lesser of a maximum of 20 boarded animals at any one time or the maximum number of boarded animals as identified on the well permit serving the use as approved by the Division of Water Resources. 7. Any fecal matter shall be picked up promptly to prevent it from seeping into the ground and contaminating groundwater. 8. The facility shall maintain compliance with Section 7-306 Lighting of the Land Use and Development Code of 2013, as amended, with all lighting to be directed inward and doward toward the interior of the site. 9. No noise shall emanate from the property boundary in excess of the Residential Zone District standards contained in C.R.S. § 25-12-103, except as permitted by C.R.S. § 25-12-103(2) and (3). 10. In order to ensure compliance with State and County noise requirements, all boarded animals outside of a fully enclosed building shall be kept a minimum of 25 feet from all property lines during daytime hours (7am to 7pm) and 200 feet from all property lines during nighttime hours (7pm to 7am). 4 111111PJEVEM 11111 Reception#: 895834 08107!2017 04:15:27 PM Jean Alberioo 5 of 6 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO f •l.. Dated this / day of ATTEST: �F�EL�.C�(& �� GARFIELD '(7 TY BOARD OF �P''- .•':�'�` �� lMMISSIO RS, GARFIELD • SEAL , A.D. 20 ! .1' . /Y7 rk of the Board cOLORADo Upon motion duly made and seconded the foreg . ' • : - solution as ad • • ed by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER MIKE SAMSON , Aye COMMISSIONER TOM JANKOVSKY , Aye STATE OF COLORADO )ss County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners li11I igi1JfIh1AW INIhFAlr>lil1i j 111111 Reception#: 895834 08/07/2017 04:15:27 PM Jean Alberico 6 of 6 Rec Fee:50.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A SITE PLAN rt Site Plan for the 3 Dog Play areas: �ar�t ir� 4 The black line is the fenceline that contains the dogs 2 Play areas indi 1 Large play area in orange The remainder of the yellow fenceline unaccounted for the dogs have no access to L5 i'A )Stci� 'ar AO is th sr • Sri 6