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HomeMy WebLinkAbout3.0 PC Staff Report 05.10.2017Planning Commission — Public Hearing Exhibits Kennel, Large Major Impact Review Applicant is Trever and Cori Rider May 10, 2017 (File MIPA-01-17-8514) Exhibit Number Exhibit Description 1 Public Hearing Notice Information 2 Proof of Publication 3 Mailing Receipts from Mailed Notice 4 Photo evidence of Public Notice Posting 5 Garfield County Land Use and Development Code, as amended 6 Garfield County Comprehensive Plan of 2030 7 Application 8 Staff Report -9- C] e . tatien c I Referral Comments from Mountain Cross Engineering (dated April 4, 2017) (C11-119, Referral Comments from the Colorado River Fire Rescue (Dated April 2017) ,1-2' (( Referral Comments from Garfield County Public Health (Dated April 5, 2017) 1-3' Z Referral Comments from the Colorado Division of Water Resources (Dated April 4, 2017) 1314 Email from Diana and Bill Erickson (Dated April 8, 2017) (0.3 Email from Jason Clark (Dated April 10, 2017) (5_ Referral Comments from the Colorado Department of Public Health and Environment (Dated March 17, 2017) lc Referral Comments from Colorado Parks and Wildlife (Dated March 17, 2017) 18- I I Referral Comments from Garfield County Road and Bridge (Dated March 15, 2017) 9' l��(rr7 tc/ rovci is C04, -0) PC 5-10-17 File No. MIPA-01-17-8514 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST Land Use Change Permit - Major Impact Review for a Kennel, Large (greater than 8 adult dogs). APPLICANT — PROPERTY OWNER Cori and Trever Rider ASSESSOR'S PARCEL # 212734200161 PROPERTY SIZE 9.268 acres LOCATION The property is located at 500 County Road 259, approximately 6 miles northeast of the City of Rifle, in the Section 34, T5S, R92W. ACCESS The facility is accessed by County Road 259 and approximately 800 feet of private roadway maintained by the users of the roadway. EXISTING ZONING The property is zoned Rural I. GENERAL PROJECT DESCRIPTION The Applicant is requesting a Major Impact Review for a Kennel, Large (more than 8 adult dogs) on a 9.268 acres parcel within the Rural zone district. The site is currently developed with a single family home. The Applicant is proposing to have a kennel for up to 20 dogs on the property. Access to the property is via a private road and access easement which access County Road 259. Water is proposed to be served by a new well while wastewater is to be handled by an existing Onsite Wastewater Treatment System (OWTS). The Applicant has described the facility as follows: The number of dogs allowed at a time at the kennel will vary. There will be 14 pens. One large dog per pen. In some cases there may be 2 or 3 small dogs instead of a Targe dog. The average daily number of dogs will vary from day to day. An expected average of 12 dogs daily, but on holiday weekends they may reach their maximum number of dogs. The kennel will be able to house a maximum of 20 dogs. The state has no limits, only that the number of dogs being housed is properly and safely contained according to their standards and inspections. 1 The Building: "The kennel room" is what used to be a garage (40'X40' room). The dogs will have individual pens to keep them safe and free from fighting when they are not let out to play and to sleep in at night. The kennel will consist of 14 pens allowing for space between dogs and for dogs to have their own individual pens when inside. The Play Yard: There are 3 completely fenced (all 5'to 6' high) areas where the dogs will be allowed to play under adult supervision. Having 3 areas fenced allows for dogs to be separated to help keep them contained when dogs don't get along with each other. The fence that that completely encloses the kennel's designated play yard is already in place and will keep dogs from entering onto other people's properties and county roads. This will help to keep them safe and not cause the county workers to have to help search for missing dogs. Vicinity Map 2 Aerial of Subject Parcel 3 Proposed Site Plan 4 Detailed Site Plan Site Plan for the 3 Dog Play areas: 4 The black line is the fenceline that contains the dogs 2 Play areas inpinit 1 Large play area in orange The remainder of the yellow fenceline unaccounted for the dogs have no access to 15 i V\ 4.4 II. LOCATION - SITE DESCRIPTION The subject 9.268 acre parcel is generally flat and has been developed with a single family home and garage. The Applicant has provided the following description of the property: Our property is a primarily flat, except for the dog play yard on the north side of the kennel. It is on a small hillside. The east half of the property consists of irrigated yard (on nearly 3/4 of the dogs play yard areas). There are several of all kinds of trees dispersed throughout the property (mostly in the dog play yard areas) consisting of aspen, cottonwood, crab apple, apple, willow, spruce and ash. There is a small pond 5' deep that is supplied by irrigation. The west side of the property of the kennel is not irrigated. A horse pasture that consists of a grass that grows on its own here. What is known as the Pump Canal Ditch runs through our 5 property and has no access to us in any way. The Pump Canal Ditch is completely bordered by a 10 -12' high deer fence that runs East to West along the ditch, keeping people and all animals away from the water. The structures on the property consist of house, garage (becoming the kennel building), livestock and hay structures. III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS Public Notice was provided for the Planning Commission's public hearing in accordance with the Garfield County Land Use and Development Code as amended. Comments received on the application were forwarded to Staff from the applicant. Comments from adjacent property owners, referral agencies and County Departments are summarized below and attached as Exhibits. 1. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering: (See Exhibits 10) • Comments from Mr. Hale provided the following comments: o The well needs to be pump tested and quality tested once the new well is drilled; o Requested additional explanation as to how the operator plans to meet the State noise requirements with the identified property line setbacks of 200' during the nighttime and 25' during the daytime. 2. Colorado River Fire Rescue: (See Exhibit 11) • Comments from Mr. Moon state that he has no concerns with the proposed kennel. 3. Garfield County Public Health: (See Exhibit 12) • Comments from Ms. Hill indicated that she has no concerns related to solid waste management and cleanup of urine. In addition, she indicated that she supports the drilling of a new well be drilled to serve the use along with quality testing conducted by CDPHE. The letter also encourages "continued mitigation and adaptation to keep the noise from becoming a nuisance." 4. Colorado Division of Water Resources: (See Exhibit 13) • Comments from Ms. Mickelson state that "According to our records, Well Permit No. 80654-F was issued on March 6, 2017, to construct a well in the SW1/4 of the NW1/4 of Section 34, Twp. 5 South, Rng. 92 West of the 6th P.M. The use of groundwater from the well was approved for ordinary household purposes inside one (1) single family dwelling, drinking and sanitary facilities for a commercial, kennel operation, watering of fifteen (15) boarded animals, cleaning of kennels and the watering of five (5) head large domestic animals (livestock). The annual amount of ground water to be withdrawal shall not exceed 0.99 acre-foot. The 6 rate of this well shall not exceed 15 gpm. According to our records, at this time, there is no evidence of well construction... Whether the applicant's water source is hauled water obtained from a legal source (town of Silt water supply), or, by a future well where uses do not exceed those allowed under the permit (well permit no. 80654-F), this office has no objection to either proposed water supply serving the Targe kennel." 5. Colorado Department of Public Health and Environment: (See Exhibit 16) • Comments from Mr. Kuster indicated that they have no comments on the proposed kennel. 6. Colorado Parks and Wildlife: (See Exhibit 17) • Comments from Mr. Gray indicated that "The subject property is mapped by CPW as mule deer and elk winter range and severe winter range, and a mountain lion conflict area... Due to the existing development on the property and its current use as a dog kennel, CPW does not have any major concerns regarding the applicant's proposal. In general, CPW recommends measures to reduce human/wildlife conflicts by keeping all pet food indoors or secured in wildlife -proof containers. Additionally, if dogs are outside of the enclosed play areas they should be leashed to avoid potential confrontations with wildlife." 7. Garfield County Road and Bridge: (See Exhibit 18) • Comments from Mr. Goin indicated that they have no concerns regarding the proposed kennel. 8. Email from Diana and Bill Erickson: (See Exhibit 14) • The provided email states: "This is a letter to support the Riders and the Cozy Little Kennel. We are their closest neighbors, just to the north of them. The Riders have been doing a fine job with the running of the kennel. There is no negative impact to us, very little noticeable barking. (Our two dogs bark more)Unless one is outside, you would not even know of any traffic going in and out to the kennel. Our visitors have asked us "where is this kennel", as one doesn't see or hear anything. Trever has taken care of our shared driveway with addition of gravel and grading when necessary. We are happy to have them and the kennel as our neighbors." 9. Email from Jason Clark: (See Exhibit 15) • The provided email states: "I received the letter you and Trevor sent in the mail regarding your plans to promote dog boarding further. I want to state that I fully support what you and Trevor are doing with your kennel. You both are great people and even better neighbors! As your neighbor directly to your west (460 County Road 259), my wife and I never hear dogs barking from your property. We also do not have any concerns about the traffic as it is very minimal and we don't even hear it inside our home. I feel the limited additional traffic created is actually a benefit to our neighborhood. With limited law enforcement presence in our area, 7 the more eyes and ears that are around, the less likely there will be criminal activity in in our neighborhood. If you need me to provide any further letters, please let me know as I am happy to write further letters of support or if you need me to, I am happy to attend the Public Hearing on May 10 to show further support, I am happy to do so as well." 10.Other agencies that did not submit comments include: (a) Garfield County Sheriff, (b) Garfield County Vegetation Management, (c) Colorado Health Department — Water Quality, (d) Book Cliff, Mount Sopris and South Side Soil Conservation District, and (e) Silt Water Conservancy District. IV. STAFF COMMENTS AND ANALYSIS In accordance with the Land Use and Development Code, the Applicant has provided detailed responses to the Submittal Requirements and applicable sections of Article 7, Divisions 1, 2, and 3, including Section 7-603 Kennels. The Application materials include an Impact Analysis and related consultant reports, technical studies, and plans. 7-101: Zone District Use Regulations The proposed use demonstrates general conformance with applicable Zone District provisions contained in the Land Use and Development Code and in particular Article 3 standards for the Rural zone district. 7-102: Comprehensive Plan and Intergovernmental Agreements The Comprehensive Plan 2030 designates the site as RMH (Residential Medium High Density). Excerpts from the Land Use Description Section Chapter 2 are provided below. Chapter 2 — Land Use Designations LAND USE DESIGNATION DESCRIPTION COMPATIBLE ZONING Residential Medium High (RMH) Small fames, estates, and clustered residential subdivisions, density determined by degree of clustenng and land preserved in open condition: 0% open land = 1 du per -6 acres 50% open land = 1 du per 4 acres 70% open land = 1 du per 2 acres Rural (R) Planned Unit Development (PUD) Density of residential uses: 1 du per 2 to <6 acres Example: 8 Goals: 1. Maintain a strong and diverse economic base (for both employment and income generation). Policies: 1. Garfield County will encourage the retention and expansion of modest, viable commercial uses that meet the convenience shopping needs of county residents. The location and design of the proposed facility is in general conformance with the Comprehensive Plan Policies subject to proper mitigation of impacts. 7-103: Compatibility The Application has also provided information indicating the following regarding the character of the area and adjacent land uses. The adjacent property to the North of our property is a horse pasture (half just dirt and weeds and the other half trees (russian olives, willows and cottonwoods) and wild grasses. There is also horse shelter and small hay barn. Further north and on top of hill is a dwelling unit on the property and more horse pastures. The property to the East is all property not being used at all. It consists of primarily flat land, a few cottonwood trees, sagebrush and a small gully wash area that runs through that piece of property, also having grasses and weeds that grow on its own. To the West is a dwelling unit completely surrounded by sprinkler irrigated horse pastures. Only small willow bushes are on the property besides the pasture grass and two yard trees (spruce and aspen). This property has an irrigation stream consisting of irrigation overflow, just over our property line. This is the opposite side of the property from the dog area. To the South East where just the corner of the two properties meet is used currently for nothing at all. It too has part of the gully and some sage brush and cotton wood trees. Further southeast and on the other side of the large trees and brush is an irrigated hay field. South of the property is a large hay field. There is a resident's house and this half of the property where the house is, is mostly rock and cheat grass. There are no trees. The request demonstrates general compatibility with adjoining uses that are primarily residential and agricultural in nature. 9 7-104: Source of Water The home on the property is currently served by hauled water from the Town of Silt. The LUDC requires the following regarding the water supply: All applications for Land Use Change Permits shall have an adequate, reliable, physical, long-term, and legal water supply to serve the use, except for land uses that do not require water, or that contain Temporary Facilities served by a licensed water hauler. As the proposed use does require water and is not temporary, an adequate, reliable, physical, long-term, and legal water supply is necessary to serve the proposed use. The applicant has provided the following regarding the water supply. We currently haul water to our property from the town of Silt water supply. If this is not acceptable, we will immediately upon approval of the application, drill a well and have the water quality test done. I have been in contact with the Colorado Division of Water and West Divide water departments and have approval to purchase a well permit. The lawn is supplied by irrigation water and currently installed sprinkler system. The following referral comments were received regarding water. Garfield County Designated Engineer: "The application materials shows efforts toward obtaining a well for potable water supply. Well pumping test results and water quality testing results should be provided." Garfield County Public Health: "In regards to water supply and distribution, I support the recommendation of a condition of approval by the Community Development Department that a well be drilled and tested for a suite of compounds at least as robust as those in the Colorado Department of Public Health and Environment's "Deluxe Colorado Package."" Colorado Division of Water Resources: "According the submittal, the applicant states that they currently haul water to the property and that the lawn is currently supplied by irrigation water. According to our records, Well Permit No. 80654-F was issued on March 6, 2017, to construct a well in the SW1/4 of the NW1/4 of Section 34, Twp. 5 South, Rng. 92 West of the 6th P.M. The use of groundwater from the well was approved for ordinary household purposes inside one (1) single family dwelling, drinking and sanitary facilities for a commercial, kennel operation, watering of fifteen (15) boarded animals, cleaning of kennels and the watering of five (5) head large domestic animals (livestock). The annual amount of ground water to be withdrawal shall not exceed 0.99 acre-foot. The rate of this well shall not exceed 15 gpm. According to our records, at this time, there is no evidence of well construction." 10 Considering the requirements of the LUDC, representations made by the applicant, and referral comments received, Staff suggests a condition of approval that the applicant drill the well in accordance with the approved well permit and conduct a 4 -hour pump and water quality test on the new well. These tests need to be done in accordance with the requirements of Section 7-105 of the LUDC. In the application, the Applicant stated that "The kennel will be able to house a maximum of 20 dogs." However, the new well permit issued on March 6, 2017 with Well Permit No. 80654-F and is proposed to serve as the new well for the property, this well may only legally serve fifteen (15) boarded animals. In order to stay within the legal limits of this well, a condition of approval is recommended that the number of boarded animals be limited to fifteen (15). 7-105: Central Water Distribution and Wastewater Systems The home on the property is currently served by an Onsite Wastewater Treatment System (OWTS). The Applicant has represented the following regarding wastewater treatment for the proposed kennel. All solid waste indoors and outdoors from the dogs will be thrown into the garbage and hauled off the sight. Trash removal on the property is currently and will continue to use VIP Trash Service. All urine on floors indoors from the dogs will be mopped up with state required chemicals, the mop rinsed, and mop water dumped into a sink and rinsed down the drain. A natural, non-toxic to the environment enzyme product that attaches to a hose will be used to deteriorate any urine. Not much wastewater is used in the kennel, only when cleaning is done. The engineers report attached explains details of the existing septic system and that it complies to requirements. Attached also is the septic permit given to the former property owners showing that the current septic system being used is legal. The Applicant submitted a letter from Eric Brynildson, P.E. analyzing the wastewater treatment on site. The following is the finding from Mr. Brynildson: There are floor drains inside the Kennel that are connected to the existing onsite wastewater treatment system. The owners report that they mop the Kennel daily and flush about 4 -gallons of water per day into the floor drain. Solid waste is being collected and hauled offsite. This small amount of water will not have a significant impact on the existing septic system and should continue to function in the same manner as previously before the Kennel. No improvements to the onsite water treatment system are needed. The LUDC requires the following regarding wastewater. 11 The land use shall be served by a wastewater system that is adequate to serve the proposed use and density. Garfield County Public Health (Exhibit 12) has indicated that the facility "has a working and permitted septic system." No further comments were received regarding wastewater. Based on the requirements of the LUDC, representations made by the Applicant, and referral agencies, it is Staff's opinion that the existing septic system is adequate to handle the increased Toad of the proposed use. 7-106: Public Utilities The property is currently served with adequate utilities to serve the proposed use. 7-107: Access & Roadways Access to the property is from County Road 259 via a 800 foot long access road maintained by the adjacent users. The access driveway was analyzed by Eric Brynildson, P.E. on behalf of the Applicant. The submitted letter states the following regarding the access road. I performed a site visit to the subject property on October 2"d, 2016. Access to the site is a 13 -feet wide private shared gravel surface driveway from County Road 259. The driveway has a flat (less than 5%) grade with a drainage ditch on the north side. The majority of the roadway has a 6 to 8 -feet wide road shoulder on each side of the road allowing vehicles to pull over and allow oncoming traffic to safely pass. The driveway appears to be well maintained and should serve well as a safe and passable access for the Kennel. Referral comments from Garfield County Road and Bridge are as follows: "I see no concerns from Road & Bridge. Wyatt has already given them a letter of exemption on the driveway so it is good to go as far as we are concerned." Regarding legal access for the private access roadway to the property, the Amendment of the Re -Subdivision of Lots 25 and 26 of Antlers Orchard Development Subdivision plat recorded at Reception Number 654194 creates a legal access easement on which the access road is located. The Applicant submitted a Basic Traffic Analysis that indicates that the site will have a traffic demand of 10.785 round-trip (21.57 ADT) of a passenger vehicles per day, at most. This includes the existing single family home on the property. 12 Based on the requirements of the LUDC, representations made by the Applicant, and comments received from referral agencies, it is Staff's opinion that the access to the property for the proposed use is legal and adequate. 7-108: Natural Hazards The Application provides mapping information on natural hazards including information on soils, geology, and slopes associated with the site. The information supports a determination that the proposed use is not subject to significant natural hazard risks. 7-109: Fire Protection The Application was referred to Colorado River Fire Rescue (See Exhibit 11), who indicated that "I have no requirements or concerns with this proposed addition to kennel boarding operation as proposed in the referral. This kennel will not add any impacts to CRFR or our response to that area." Based on the requirements of the LUDC, representations made by the Applicant, and comments received from referral agencies, it is Staff's opinion that the fire protection for the proposed use adequate. 7-201: Agricultural Lands Staff understands that the property is currently used for a single family residence and as a dog kennel serving 4 or fewer dogs (no Land Use Change Permit needed). Other than this activity, however, the property is not currently in agricultural production. In addition, the facility is not expected to have negative impacts on any adjacent agricultural lands or operations. 7-202: Wildlife Habitat Areas The Applicant notes the following regarding impacts to wildlife and habitat: The use of the property for a kennel is not going to affect the flora and fauna. Our fence in the kennel area is considered deer high fence, keeping all large animals out. Very small rabbits, squirrel type and mice should be the only animals in the area that could get through the fence. There will be no chemical use of any kind that would affect the adjacent properties to ours. Anything we do here will not affect the land, plant life or animals adjacent to the property. Everything we plan to do to control urine and urine odor on our own property will be biodegradable or it goes into the septic, such as after mopping. There will be random and seldom (no more than once per year on average) weed, rodent and bug control at times when necessary, while the kennel is closed. The application was referred to Colorado Parks and Wildlife, who noted the following: 13 Due to the existing development on the property and its current use as a dog kennel, CPW does not have any major concerns regarding the applicant's proposal. In general, CPW recommends measures to reduce human/wildlife conflicts by keeping all pet food indoors or secured in wildlife - proof containers. Additionally, if dogs are outside of the enclosed play areas they should be leashed to avoid potential confrontations with wildlife. Based on the requirements of the LUDC, representations made by the Applicant, and comments received from referral agencies, it is Staff's opinion that the will have minimal impacts on wildlife habitat. 7-203: Protection of Water Bodies There are no natural water bodies on or near the subject parcel. 7-204: Drainage and Erosion (Stormwater) The Applicant has represented the following regarding stormwater and drainage: "The engineer's report explains the grading and drainage on the site. We will be using an existing building, road, driveway, septic. There will be no changes to the property whatsoever." Eric Brynildson, P.E. submitted the following regarding drainage on behalf of the property owner: "The Kennel itself is located in an enclosed building. The grading and drainage around the building appear to be functioning properly." The site plan and proposal was referred to the County designated engineer who had no comments regarding stormwater, erosion, and drainage. Comments from Garfield County Public Health (See Exhibit 12) have the following comments regarding ground water contamination: "Any fecal matter should be picked up promptly to prevent it from seeping into the ground and contaminating groundwater." Based on the requirements of the LUDC, representations made by the Applicant, and comments received from referral agencies, staff recommends adding a condition of approval that "Any fecal matter shall be picked up promptly to prevent it from seeping into the ground and contaminating groundwater." 7-205 Environmental Quality Regarding water quality, please see discussion above in Section 7-205, Drainage and Erosion. 14 The facility will not generate air emissions except for those typical of motor vehicles accessing the site. To this end, the facility is not expected to impact air quality and does not require a permit from the CDPHE. 7-206: Wildfire Hazards The facility is located within a "Not Rated" and "Low" wildland fire susceptibility designation according to Map 7 of the Garfield County Community Wildfire Protection Plan. The application was referred to Colorado River Fire Rescue who noted that they "have no requirements or concerns with this proposed addition to kennel boarding operation as proposed in the referral. This kennel will not add any impacts to CRFR or our response to that area" (See Exhibit 11). To this end, it is Staff's opinion that the wildfire hazard is within a manageable level for this facility at this location. 7-207 Natural and Geologic Hazards See Section 7-108, above. 7-208: Reclamation The Applicant is not proposing any changes to the property from its current configuration in order to accommodate the proposed facility. No additional grading or disturbance is proposed. As a result, a reclamation plan is not necessary. 7-301 & 302: Compatible Design, Parking, and Loading The proposed use is generally compatible with surrounding land uses, including the neighboring residential and agricultural uses. The Applicant has provided the following description related to parking in addition to the site plan excerpted previously in this report. Attached is a site plan for parking. Overall, there is enough parking to comfortable park and maneuver around 14 vehicles if were to be necessary. There is plenty of room for all vehicles to back up without struggle and turn around with ease, even if all vehicles parking places are filled. There is one tree in the driveway which all branches will be trimmed to a minimum of 8 feet high from the ground, completing a clear view and path for the vehicles which park next to it. The LUDC does not specifically list a kennel as a use in Table 7-302.A. for minimum off- street parking. That Applicant has represented that the facility will have a maximum of 4 customers per day and 2 employees. In addition, since this use is attached to the single family home, there is a requirement for 2 spaces to be provided for the residential use. As a result, from the Applicant representations and the requirements of the LUDC, a total of 8 parking spaces are required. As the Applicant has identified space for up to 14 15 vehicles at any one time, adequate parking and loading appear to be available for this use. 7-303: Landscaping The Applicant has represented the following regarding landscaping: There are absolutely no changes being made to the current property. There will not be any construction other than when a well is drilled there will be grass to plant, covering the disturbed soil and gravel to replace if driveway is affected at all. The properties landscaping is complete. All necessary areas of traffic and dogs play areas consist of gravel, grass and several trees throughout the property. A nice, flat and well maintained property. As no alterations to the property are proposed for the use, it is Staff's opinion that the existing landscaping is appropriate for the proposed use. 7-304: Lighting The Applicant has indicated that limited lighting will be used onsite. This lighting will consist of a small lamp in each of the inverter cabinets. In accordance with the LUDC, this lighting shall be limited to down directed, shielded and internally oriented fixtures in accordance with the County's lighting standards. 7-305 Snow Storage Adequate portions of the site plan are available for snow storage if necessary. 7-306 Trails Trails standards are generally not applicable based on the rural nature of the proposal and surrounding uses. 7-603 Kennels A. Enclosed Building and Noise Prevention. The Applicant has provided the following statement regarding noise. Hankard Environmental has completed a noise study showing that the kennel will be in compliance with the required State Noise Standards if the "barking" dogs are within 25 feet of the property line between the hours of 7AM-7PM and 200 feet from the property line during the hours of 7PM-74M. The plan for dealing 16 with "barking" dogs during these times and within their boundaries will either be on leash or have to wear a noise control device such as a bark collar. Some dogs are quite when let out alone as well, instead of with other dogs. All dog owners bringing dogs to the kennel will have to sign a waiver stating that when necessary, they give permission to the kennel workers to use a noise control device. We will do whatever we can to keep things peaceful with those around us. Keeping the dogs quiet in consideration of the properties owners around us is of high priority. We will be willing to make adjustments if complaints come to the rise due to noise. The Applicant has submitted a noise study conducted by Hankard Environmental dated November 6, 2016. This study analyzed the ability of the facility to meet Garfield County and State noise standards. The study provided the following regarding the sound limitations as required by the Garfield County LUDC and Colorado Revised Statutes. CRS 25-12-103 SOUND LIMITATIONS (d819 Zone Daytime m (21 Nighttime a) (7:OOam to 7:OOpm) (7:00pm to 7:00am) Residential 55 50 Com rnet cial 60 55 Light Industrial 70 65 Industrial 80 75 Daytime noise lever can be increased by 10 (IBA tui 15 minutes in wry one-hour pedal Nose level Iimit dewed by 5 dBiA to krpnlsive type sounds In regards to compliance with these standards, the Study had the following conclusions. Barking dogs outside of the kennel should remain 25 feet or more from the property line during the daytime hours. During the nighttime, barking dogs should remain 200 feet or more from the property line. With regard to barking dogs inside the kennel, we estimate that the nighttime noise level limit of 50 dba was reached at a distance of 25 feet from the kennel. The kennel is located 50 feet from the nearest property line and 75 feet from the nearest compliance point. Thus, noise from dogs barking inside the kennel at night is expected to be in compliance with Garfield County land use standards. The Garfield County LUDC specifically requires the following regarding noise prevention. 17 A. Enclosed Building and Noise Prevention. All Kennels shall be completely enclosed within a building, however, a Kennel may have dogs outdoors if the noise from the Kennel does not exceed the noise standards pursuant to section 7-603.B. and complies with other Garfield County regulations as provided. B. Noise. 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). Referral comments were received from the County designated engineer regarding noise. These comments are excerpted below. The application materials seem to suggest that barking will be managed on a per animal basis. The noise study seems to suggest that barking could be managed based on the distance that dogs are allowed to be from the property line; nighttime distance of 200' and daytime distance of 25'. The Applicant should provide further discussion, or an exhibit, if fencing is proposed and where it would be. As represented, the dogs are to be generally kept indoors during nighttime hours as identified in the Colorado Revised Statutes (see above). The approximate scheduled time for supervised outdoor playtime will be as follows: (This schedule is not the same but similar to the noise studies report, we just made this recent decision to change it and some days may vary on the weather.) 7:00 am to 8:00 am 10:30 am to 11:30 am 3:00 pm to 4:00 pm 8:00 pm to 9:00 pm As is noted in the above represented outdoor play times, 8-9 PM is considered nighttime hours in accordance with the Colorado Revised Statutes and the County LU DC. In addition, Staff understands that the Applicant is representing to limit the hours that customers may come to the facility as outlined below. It is understood that the intent of these hours is to control noise, specifically barking, since dogs tend to get excited when their owners or other people are nearby. 18 Customers will be asked to come by appointment only between the hours of: 8:00 am to 9:00 am 4:00 pm to 5:00 pm While the Applicant is proposing several operational methods to control barking and thereby comply with State and County noise requirements, the submitted noise study identifies specific distances that the dogs need to be kept from the property lines in order to achieve compliance. Specifically, as noted above, the noise study recommends the dogs stay a minimum of 25 feet from the property line during the day (7am to 7pm) and 200 feet from the property lines during the night (7pm to 7am). In order to help ensure that the facility continues to meet the State and County noise standards, Staff recommends a condition of approval that fencing be installed to keep the dogs at the required distance from the property lines during the identified hours of the day and night. B. Noise. See Section 7-603(A), above. C. Waste and Sewage Disposal System. See Section 7-204, above. D. State Licensing Required. The Applicant has provided the following regarding State licensing: "Upon approval of the Large dog kennel permit, immediate action with the state authorities will be taken to receive the proper approval and licensing to have a boarding facility on this location." Staff recommends a condition of approval that prior to issuance of the Land Use Change Permit, the Applicant should obtain the necessary State license from the Department of Agriculture and submit a copy to the Community Development Department. V. SUPPLEMENTAL AND ADDITIONAL STAFF ANALYSIS No supplemental materials were submitted after the application was determined Technically Complete. VI. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the 19 Planning Commission. 2. The hearing before the Planning Commission was extensive and complete, that all pertinent 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 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. VII. RECOMMENDATION The following recommended conditions of approval are provided for the Planning Commission consideration. Conditions Prior to Issuance of Land Use Change Permit 1. Prior to issuance of the Land Use Change Permit the Applicant shall drill the new proposed 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 and is proposed to serve as the new well for the property. 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. 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. Prior to issuance of the Land Use Change Permit, the Applicant shall install fencing that will keep the boarded animals 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. 20 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 local regulations governing the operation of this type of facility. 6. The kennel is limited to a maximum of 15 boarded animals at any one time. 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 shall be kept at 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). 21. Garfield Coun b EXHIBIT PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the q- day of ��� , 20 / 7 7 CAL All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identifie through records in the Clerk and Recorder or Assessor, or through other means [list] VII -„ cord ( 8c-c--I'C.e aR A Vq2 0W . Y1eve,1 0WhfXS -its 5tumi•eci vCUIrvvat ■ Please attach proof of certified, return receipt requested mailed notice. GlS vV el I My application required Published notice. l ( Notice was published on the 3 day of arc',201/. Please attach proof of publication in the Rifle Citizen Telegram. My application required Posting of Notice. Notice was posted on the rJ day of �1I ,20 L, / Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the abgve information is true and accurate. Name: �� 'C/ r Signature: (---ri7Ye/--- Date: /-/ /51/ 7 Ad Name: 12728332A Customer: Eagle Valley Enterprise/Legals Your account number is: 2927005 PROOF OF PUBLICATION THE 1FLE fir CITIZEN TELEG STATE OF COLORADO, COUNTY OF GARFIELD I, Randy Essex, do solemnly swear that I am Publisher of The Rifle Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty- two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 3/30/2017 and that the last publication of said notice was dated 3/30/2017 the issue of said newspaper. In witness whereof, I have here unto set my hand this 04/04/2017. Randy Essex, Publisher Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 04/04/2017. Pamela J. Schultz, Notary Public My Commission expires: November 1, 2019 PAMELA J. SCH'ULT? NOTARY PUSLIC STATE r7r- COLORA;:,J NOTARY 10 M.'.£f+41403Ua75 iit.osmoef 1. PUBLIC NOTICE TAKE NOTICE that Trever Rider and Cori Rider, have applied to the Planning Commission, Garfield County, State of Colorado, to request approval for a Land Use Change Permit on a property situat- ed in the County of Garfield, State of Col- orado; to -wit: Legal Description: Tract 11, Amendment of the re -Subdivi- sion of Lots 25 & 26 of Antlers Orchard Development, According to the Plat thereof filed June 15, 2004, at Reception No. 654194 Practical Description: 500 259 COUNTY RD, RIFLE 81650, located approximately 5 miles west of the Town of Silt within Sec- tion: 34 Township: 5 Range: 92 Subdivi- sion: ROLLING MEADOWS Lot: TR 1-1 RE - SUB FROM LOTS 25 & 26 OF ANTLERS ORCHARD DEV SUB -DIV. The property is also known by Assessor's Parcel No. 212734200161. Proiect Description; This is a Major Im- pact Review Land Use Change Permit for a Kennel, Large (up to 20 dogs) on ap- proximately 9.268 acres owned by Trever Rider and Cori Rider. The Property is zoned Rural. All persons affected by the proposed plan are invited to appear and state their views, protest or support. If you cannot appear personally at such hearing, then you are urged to state your views by let- ter, as the Planning Commission will give consideration to the comments of sur- rounding property owners, and others af- fected, in deciding whether to recom- mend that the Board of County Commissioners grant or deny the re- quest. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Gar- field County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. Alternatively, the application can be viewed at http://records.garfield- co u ntv. co m/ W e b L i n k/C usto mSearch.as- px?SearchName=BuildinaDocument Search (Search for File No. MIPA-01-17-8514). A public hearing on the application has been scheduled for Wednesday, May 10, 2017 at 6:00 P.M. in the County Commis- sioners Meeting Room, Garfield County Administration Building, 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County Published in the Citizen Telegram March 30, 2017 (12728332) EXHIBIT 0001 0429 2548 U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.uSps.com'. RIFI.E. CV S1650 Certified Mail Fee $3.35 t- 7 Extra Services & Fees (check box, add fee .1g tt5,1,0nte.) 0 Return Receipt (hardcopy) $ /LULU__ 0 Return Receipt (electronic) $ 00 Certified Mail Restricted Delivery $ $0 .00 0 Adult Signature Required *1:1. 00 0 Adult Signature Restricted Detivery $ Postage $049 Total Postage and Feea $6,59 Sent To Street and pt. CI6Vr -12 P- b clz- as cz) 0543 -• 02 Postmark liere 42 ? 04/04/2017 City, State, Z1P+44 PS Form 3800, April 2015 PSN 7530-02-000.9047 See Reverse for I structions ru ru LE co .81650 Er ru D D r-4 D 1=3 U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only ormation, visit LJ r -R ru -n P- 0001 0429 ru Certified Mail Fee Extra Services & Fees (check box, add fee trptrt ate) El Return Receipt fharacopy) $ 11 1111 0 Return Receipt (electronic) $ 00. ['Certified Mall Restricted Delivery $ $0 00 0 Adult Signature Required $ , no Adult Signature Restricted Delivery $ Postage $3.35 $ Total Postage and Fees $ $6.59 Sent To $0.49 Street a ...... ..... or Pei ?ox o. 25-9 co 3 iv 4 1 Here 201Lii 7 PS Form 3800, April 2015 PSN 7530-02-000.9047 See Reverse for Instructions U.S. Postal Service" CERTIFIED MAIL® RECEIPT CARtt)NAL 5:i; CV ;e162, Certified Mail Fee .•••• Extra Services & Fees (check box, add fee e-todielpi. 0 Return Receipt (hardcopy) 0 Return Receipt (eiectronic) $ 13 0 0 Certified Mall Restricted Delivery $ Adult Signature Required SI.? .litt 0 Adult Signature Restricted Delivery $ Postage $0.49 Total Postage and Fees $ $6.59 itrP°Hitesmarli CrtaN" 04/04/2017 In struct io rq m ru ru rR CI 0 EXHIBIT U.S. Postal Service' CERTIFIED MAIL® kciumf—r-t Domestic Mail Only For delivery information, visit our website at www.us GRE WSBURGI IN 47240 Certified Mail Fee $, Extra Services & Fees (check box, add fee rArbadVate), o Return Receipt (hardcopy) $ 01.1.j1 0 Return Receipt (electronic) $ 0 00 Certified Mail Restricted Delivery $ OCI 0 Adult Signature Required $ , 00 [1 Adult Signature Restricted Delivery $ D Postage rRS ru Total Postage and Fees $6.59 $0.49 D P- Sent To Street and Apt. No., or Cay. State, P+4 P 10 ro PS Form 3800, April 2015 PSN 7530-02-000-9047 94,:tisfrenreark 1) 04/04/2017 vae4111,5 0 NA; LI") trj ligtet4441t440.11111110 ilf RIFLE, (so ru Certified -Mail $6. 35 Z' I C3 .7 c- .itra .... ervices & Fees (check box, add fee.-ia.. ... re) , r-1 1 0 Return Receipt (hardcopy) 1., 0 C3 0 Return Receipt (electronic) $ __VI. 00 ci 0 Certified Mail Restricted Delivery $ 0 0 Adult Signature Required $---V3--.te-- 1 Adult Signature Restricted Delivery $ -f C:1 ' stage 1-9 , - $0._49 1- ru .al Postage and and C.,D.59 t To r -R A-pt77967,--dr-P Qty, State, ZiP+41 m Er lU ru D D D D D r -R ru Total Postage and Fees 6.59, Z PS Form Form 3800, April 2015 PSN 7530-02-000-9047 -"-% INC?Nt‘nlari< were% 04/04/2017 See Reverse for Instructions U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only For deft •visit ourr. E..Hrff;:i Certified Mad Fee t "7c Extra Services & Fees (check box, 000 (00 eiviipptivila re) 0 Return Receipt (hardcopy) $ $0. 1.1G o Return Receipt (electronic) $ $0 , 0 CertOled Mail Restricted Delivery $ 01) itf Adult Signature Required O Adult Signature Restricted Delivery $ 0 • 01:r Postage 5 30.49 Sent To r -R 0 l'otreet and Apt. N 52- City, State, ZIP+. Po stm 4,gt 04/04/2017 ,AI , or PO Box No. c.2 gl(95-0 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions NOTICE TAKE NOTICE That Cori. ,2 at re &'& g Wet' has applied to the a /1v� � �'� Cileer1I S.C# 0l1 Garfield, CZSunty .. pursuant to to allow: on this property. A public J4eotiO will be held in the �/lbI Glenwood'prings, Colorado on /110.4 /Oi 70/7-- (date) at on this application (time) Date Notice Was Posted: By: For additional information, contact the at(9 0 9' in tZ. or Suite qc/ MOUNTAAIN CROSS ENGINEERING, INC. April 4, 2017 Mr. David Pesnichak Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 / Civil and Environmental Consulting and Design APR 0 7 ?Oil EXHIBIT \0 RE: Review of the Major Impact Review for Rider Kennel: MIYA-01-17-8514 Dear David: This office has performed a review of the documents provided for the Major Impact Review Application of a Kennel for Mr. and Mrs. Rider. The submittal was found to be thorough and well organized. The review generated the following comments: 1. The application materials shows efforts toward obtaining a well for potable water supply. Well pumping test results and water quality testing results should be provided. 2. The application materials seem to suggest that barking will be managed on a per animal basis. The noise study seems to suggest that barking could be managed based on the distance that dogs are allowed to be from the property line; nighttime distance of 200' and daytime distance of 25'. The Applicant should provide further discussion, or an exhibit, if fencing is proposed and where it would be. Feel free to call if you have any questions or comments. Sincerely, Mounta s Cross Engineers g, In ale, PE 826 '/z Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com Colorado River Fire Rescue EXHIBIT David Pesnichak 108 Stn Street, Suite 201 Glenwood Springs, CO 81601 RE: Kennel, Large April 9, 2017 David: This letter is to advise you that I have conducted a site visit and reviewed File Number: MIPA-01-17-8514, Rider Kennel, Large located at 500 CR 259 in Rifle. I have no requirements or concerns with this proposed addition to kennel boarding operation as proposed in the referral. This kennel will not add any impacts to CRFR or our response to that area. Thank you for allowing me to review this referral and please feel free to contact me with any questions or concerns. . Thank You, Orrin D. Moon, Fire Marshal CRFR Garfield County 195 W. 14th Street Rifle, CO 81650 (970) 625-5200 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: David Pesnichak April 5, 2017 Hello David, Public Health Health EXHIBIT 1 L_ 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 I've reviewed the application for the Rider Kennel, Large in Silt, CO. The applicant has addressed my concerns related to solid waste management and cleanup of urine, and has a working and permitted septic system. Any fecal matter should be picked up promptly to prevent it from seeping into the ground and contaminating groundwater. In regards to water supply and distribution, I support the recommendation of a condition of approval by the Community Development Department that a well be drilled and tested for a suite of compounds at least as robust as those in the Colorado Department of Public Health and Environment's "Deluxe Colorado Package." The applicant also appears to have a plan in place to minimize noise impacts to neighboring properties from the dogs barking. We encourage continued mitigation and adaptation to keep the noise from becoming a nuisance. Thank you, kgr Morgan Hill Environmental Health Specialist III Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (970) 665-6383 Garfield County Public Health Department — working to promote health and prevent disease COLORADO Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 821 Denver, CO 80203 MEMORANDUM Permit No. 80654-F Rec No. 9504214 Date: April 4, 2017 To: David Pesnichak, Senior Planner Garfield County Community Development Department From: Justina P. Mickelson, Physical Science Researcher/Scientist Re: Rider— Kennel, Large; MIPA-01-17-8514 EXHIBIT We have reviewed the request for a land use permit for a proposed Kennel, Large (up to 20 dogs) on a parcel of approximately 9.236 acres in size, located in part of the SW1/4 of the NW1/4 of Section 34 in Township 5 South, Range 92 West of the 6th P.M., at 500 CR 259, Rifle CO, (parcel no. 2127-342-00-161). The property currently has an existing single family residence, access road and utilities in place. The applicant does not propose to create a new lot or change the size of the existing lot. The current water supply to the residence and for the proposed kennel on the lot is water hauled to the property from the town of Silt water supply. The applicant has not identified the irrigation water source for the yard (which includes part of the dog play yard) or the small pond. The applicant has indicated constructing a well on the property for the kennel if their current water supply is not acceptable. The application indicates an existing individual septic system serves the existing single family dwelling and will serve the proposed kennel. According the submittal, the applicant states that they currently haul water to the property and that the lawn is currently supplied by irrigation water. According to our records, Well Permit No. 80654-F was issued on March 6, 2017, to construct a well in the SW1/4 of the NW1/4 of Section 34, Twp. 5 South, Rng. 92 West of the 6th P.M. The use of groundwater from the well was approved for ordinary household purposes inside one (1) single family dwelling, drinking and sanitary facilities for a commercial, kennel operation, watering of fifteen (15) boarded animals, cleaning of kennels and the watering of five (5) head large domestic animals (livestock). The annual amount of ground water to be withdrawal shall not exceed 0.99 acre-foot. The rate of this well shall not exceed 15 gpm. According to our records, at this time, there is no evidence of well construction. The kennel plans include an average of 12 dogs with a maximum of 20 dogs (primarily during holidays). There will be 14 pens indoors for when the dogs are not outside and 3 fenced areas play yard outside. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.water.state.co.us of <ot,r /\ e .J876. *' David Pesnichak April 4, 2017 Page 2 of 2 As long as the hauled water is from the town of Silt municipal supply and is being used within their service area, there should not be an issue for our agency. In any situation where water is hauled, receipts for the water purchased/delivered should be kept and provided to the local water commissioner upon request. Whether the applicant's water source is hauled water obtained from a legal source (town of Silt water supply), or, by a future well where uses do not exceed those allowed under the permit (well permit no. 80654-F), this office has no objection to either proposed water supply serving the large kennel. The applicant should be aware that the irrigation source must be operated in compliance with any applicable decrees associated with their irrigation water. Please feel free to contact me at 303-866-3581 if you or the applicant has any questions. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us David Pesnichak From: Cori Rider <cori@cozylittlekennel.com> Sent: Monday, April 10, 2017 8:36 AM To: David Pesnichak Subject: Fwd: Letter of Support Forwarded message From: WILLIAM DIANA <djerickson49 !,msn.com> Date: Sat, Apr 8, 2017 at 2:07 PM Subject: Letter of Support To: "cori@cozylittlekennel.com" <cori@cozylittlekennel.com> b EXHIBIT This is a letter to support the Riders and the Cozy Little Kennel. We are their closest neighbors, just to the north of them. The Riders have been doing a fine job with the running of the kennel. There is no negative impact to us, very little noticeable barking .( Our two dogs bark more)Unless one is outside, you would not even know of any traffic going in and out to the kennel. Our visitors have asked us "where is this kennel" , as one doesn't see or hear anything. Trever has taken care of our shared driveway with addition of gravel and grading when necessary. We are happy to have them and the kennel as our neighbors. Diana and Bill Erickson Cori Rider 970-948-8260 cozylittlekennel.com 1 David Pesnichak From: Cori Rider <cori@cozylittlekennel.com> Sent: Monday, April 10, 2017 8:29 AM To: David Pesnichak Subject: Fwd: Support of Cozy Little Kennel Forwarded message From: Jason Clark <jasonc@okstatealumni.org> Date: Wed, Apr 5, 2017 at 8:53 PM Subject: Support of Cozy Little Kennel To: cori@cozylittlekennel.com Hi Cori! EXHIBIT I received the letter you and Trevor sent in the mail regarding your plans to promote dog boarding further. I want to state that I fully support what you and Trevor are doing with your kennel. You both are great people and even better neighbors! As your neighbor directly to your west (460 County Road 259), my wife and I never hear dogs barking from your property. We also do not have any concerns about the traffic as it is very minimal and we don't even hear it inside our home. I feel the limited additional traffic created is actually a benefit to our neighborhood. With limited law enforcement presence in our area, the more eyes and ears that are around, the less likely there will be criminal activity in in our neighborhood. If you need me to provide any further letters, please let me know as I am happy to write further letters of support or if you need me to, I am happy to attend the Public Hearing on May 10 to show further support, I am happy to do so as well. Sincerely, Jason Clark 460 County Road 259 Rifle, CO 81650 Cori Rider 970-948-8260 cori@cozylittlekennel.com i David Pesnichak From: Kuster - CDPHE, Kent <kent.kuster@state.co.us> Sent: Friday, March 17, 2017 9:59 AM To: David Pesnichak Subject: Referral MIPA-01-17-8514 March 17, 2017 David Pesnichak, Staff Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: File No. MIPA-01-17-8514 Dear Mr. Pesnichak, EXHIBIT The Colorado Department of Public Health and Environment has no comment on the Cori and Trever Rider land use change permit for a large kennel. We do suggest that the applicant comply with all state and federal environmental rules and regulations. This may require the applicant or its contractor to obtain a permit for certain regulated activities before you can emit or discharge a pollutant into the air or water, dispose of hazardous waste or engage in certain regulated activities. Please contact Kent Kuster at 303-692-3662 with any questions. Sincerely, Kent Kuster Environmental Specialist 1 Colorado Department of Public Health and Environment Kent Kuster Environmental Protection Specialist Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246-1530 303-692-3662 I kent.kuster@state.co.us 2 !COLORADO Parks and Wildlife March 17, 2017 Department of Natural Resources Northwest Regional Office 711 Independent Avenue Grand Junction, CO 81505 David Pesnichak Senior Planner Garfield County Development 108 8th St. Suite 401 Glenwood Springs, CO 81601 RE: Rider Large Kennel Referral Dear Mr. Pesnichak, Colorado Parks and Wildlife (CPW) has reviewed the request from Cori and Trever Rider for a land use change for a large dog kennel at 500 259 County Road, Silt, CO. The subject property is mapped by CPW as mule deer and elk winter range and severe winter range, and a mountain lion conflict area. Due to the existing development on the property and its current use as a dog kennel, CPW does not have any major concerns regarding the applicant's proposal. In general, CPW recommends measures to reduce human/wildlife conflicts by keeping all pet food indoors or secured in wildlife -proof containers. Additionally, if dogs are outside of the enclosed play areas they should be leashed to avoid potential confrontations with wildlife. Colorado Parks and Wildlife appreciates the opportunity to comment on this project. If there are any questions or needs for additional information don't hesitate to contact District Wildlife Manager, Brian Gray, at (970) 366-1908. Sincerely, Brian Gray, District Wildlife Manager Cc. File Bob D. Broscheid, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Robert W. Bray • Jeanne Horne John Howard, Vice -Chair • Dale Pizel • James Pribyl, Chair • James Vigil • Dean Wingfield • Michelle Zimmerman, Secretary • Alex Zipp David Pesnichak From: Dan Goin Sent: Wednesday, March 15, 2017 8:17 AM To: David Pesnichak Subject: Rider- Kennel EXHIBIT 1 /g David after reviewing this application for the Rider -Kennel, Large, application number MIPA-01-17-8514 I see no concerns from Road & Bridge. Wyatt has already given them a letter of exemption on the driveway so it is good to go as far as we are concerned. If you have any questions let me know. Dan Goin District 3 Foreman Garfield County Road and Bridge 0298 CR 333A, Rifle CO 81650 970-625-8601 1