HomeMy WebLinkAbout2.0 BOCC Staff Report 10.02.2000BOCC 10/02/00
PROJECT INFORMATION AND STAFF COMMENTS
REOUEST:
APPLICANT:
LOCATION:
SITE DATA"
ACCESS:
WATER:
SEWER:
EXISTING ZONING:
SURROUNDING ZONING:
A request for review of a Special Use Permit to allow
a Kennel operation.
Gary and Hilda Aho, Dust-N-Sage Kennels.
1588 Odin Dr., Silt, CO 81652.
Approximately 5.66 acres. A house, horse barn and
other accessoiy strucrures are currently on-site.
Kennel structure is to be built.
Odin Dr.
Community water system is restricted to domestic
household use only. Therefore, applicants are
proposing the use of a cistern.
ISDS.
NRIRD
NR/RD
I. INTRODUCTION/DESCRIPTION OF THE PROPOSAL:
The applicants, Gary and Hilda Aho (Dust-N-Sage Kennels), have approached the county to
receive a Special Use Permit for the purpose of allowing a Kennel. The subject property
currently has a house (applicant's primary residence), horse barn and other accessory
buildings on-site. A 24'x32' building is to be constructed to be used for the kennel. The
subject property is accessed via Odin Drive.
The applicant is proposing a dog kennel on-site to house, raise and breed "no more than 20
small" dogs. No boarding of dogs will occur. The business is to be "family-owned" thus,
with no outside employees. The applicants are only anticipating five to ten additional vehicle
trips per month. The site will have adequate parking for this amount of additional vehicle
trips. Hours of operation (when "clients" may come and go) will be from 8:00 a.m. through
5:00 p.m., Monday through Friday; from 9:00 a.m. through 4:00 p.m., on Saturdays, and;
from 1:00 p.m. through 4:00 p.m., on Sundays. Clearly, the dogs will be housed in the kennel
building over night but no operations will be conducted except during the hours outlined
above. An ISDS is proposed for sewage disposal and a cistern is proposed to supply water.
Water for the cistern is proposed to be obtained from the Town of Silt since the conununity
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water system is restricted to domestic household use only.
II. AGENCY COMMENTS:
A TOWN OF SILT: In a memorandum dated 08/17 /00, (See p.6), the Town of Silt
comments included, "The subject properry lies outside our jurisdictional authority
(2.8 miles), and therefore the town staff has no comment on the application."
B. DIVISION OF WATER RESOURCES: In a letter dated August 16,2000, (See p.7),
the Division of Water Resources states that they do not comment on applications that
are not defined as subdivisions.
C. DEPARTMENT OF PUBLIC HEAL TH AND ENVIRONMENT: No comments
were received.
D. COUNTY ENGINEER: In a memorandum dated 08/30/00, (See p.8), the County
Engineer states, "The quantity of water proposed is sufficient if the cistern is sized
for at least 20 gpd. The licensed engineer designing the facility should verify that the
size is adequate for water usage, but not oversized so that water quality becomes an
issue." This will be a condition of any approval.
III. RELATIONSHIP TO THE COMPREHENSIVE PLAN
Objective 4.1 (Commercial and Industrial Uses), states, "To ensure that commercial and
industrial development are compatible with adjacent land uses and mitigate impacts identified
during the plan review process."
Given the discussion below, it appears that this application is in conformance with the
Comprehensive Plan.
IV. ZONING RESOLUTION:
The subject property is zoned Agricultural/Residential/Rural Density (AIR/RD) 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 any one calender year." The applicant
will have to comply with this definition as .a condition of any approval.
Section 5.03 CONDITIONAL AND SPECIAL USES:
As listed under Zone District Regulations, conditional and special uses shall conform to all
requirements listed thereunder and elsewhere in this Resolution plus the following
requirements:
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(1) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall
either be in place or shall be constructed in conjunction with the proposed use;
Based on the comments from the County Engineer, the proposed water system is
sufficient provided the County Engineer's comments are included as conditions of
any approval.
As per Section 5.03.15 (3) of the Zoning Resolution, discussed below, this
application appears to comply with required sewer/sanitation service.
(2) Street improvements adequate to accommodate trqfjic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in
place or shall be constructed in conjunction with the proposed use;
Access is via Odin Drive. Given the low nwnber of expected additional vehicle trips
(5 to IO per month), this should provide adequate access to the site.
(3) Design of the proposed use is organized to minimize impact on and from adjacent
uses of land through installation of screen fences or landscape materials on the
periphery of the lot and by location of intensively utilized areas, access points,
lighting and signs in such a manner as to protect established neighborhood
character.
Given the infonnation submitted from Schmueser Gordon Meyer with regard to noise
abatement (See submittal package), it appears that noise will be sufficiently abated.
However, no screen fences or landscape materials are proposed as part of the
application. It appears that the proposed building will be constructed in such a
manner as not to be "out-of-place" in the subject neighborhood. However, the Soard
of'C()unty <;:;<>nuµissio,ners may wish to.see s~reen f!;lnces or landscape materials as
part ofJhe application. The access point should not be a problem given the relatively
low number of increased traffic as discussed earlier. Any lighting to be utilized by the
proposed kennel operation will have to be the minirnwn necessary and must be
pointed downward and inward toward the subject property.
Staff notes, any signs for this Special Use would have to meet the requirements. of
Section 5.07 Garfield County Sign Code of the ZotlingResoluti9n as a condition of
any Special Use Permit approval.
Section 5.03.15 Kennel states,
(1) All kennels shall be completely enclosed within a building that prevents any sounds
from emanating from the property boundary in all agricultural and residential zone
district. Commercial zone districts may allow kennels with outdoor dog runs,
provided dogs are only allowed outside during the hours of 8:00 a.m. to 5:00 p.m.
and it can be demonstrated that no noise will emanate beyond the property
boundaries to any residential area after those hours.
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The infonnation submitted from Schmueser Gordon Meyer (SGM) (See application
snbmittal), appears to address the noise concern. As <l condition of approval, the
applicants will have to construct the proposed kennel building as is indicated in their
submittal from SGM. No outdoor dog nm is proposed or will be allowed under
current County Regulations.
(2) No dust, noise, odors or source of filth shall emanate from the property.
Given the infonnation submitted from SGM, it appears that noise, odors and filth
have been addressed through the proposed insulated kennel building and septic
system. Dust does not appear to be a concern in this application.
(3) An individual sewage disposal system capable of handling all waste for the kennel
shall be installed.
Given the infonnation submitted by SGM, it appears that this regulation has been
adequately addressed, provided that the proposed septic system is constructed as
depicted in the submittal. This will be a condition of any approval.
(4) No outdoor dog runs will be allowed, except in commercially zoned areas and
approved with conditions consistent with a. above.
No outdoor dog run is proposed unless County Regulations are changed to
accommodate one. As such, no outdoor dog run will be provided at this time. The
applicant should be aware thatif County Regulations are changed in the future, to
allow outd9or dog runs in the A/MID zone, the applicant will have to sµbririt an
application to amend their Special Use Permit to allow for such a use, if approved.
V. SUGGESTED FINDINGS:
1. 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
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 Special Use Pennit is in the
best interest of the health, safety, morals, convenience, order, prosperity and welfare
of the citizens of Garfield County.
4. That the application is in confonnance with the Garfield County Zoning Resolution
of 1978, as amended.
5. That the application is in general conformity with the Garfield County
Comprehensive Plan of 1984, as amended.
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VI. RECOMMENDATION
Staff recommends APPROVAL of the applied for Special Use Permit for a kennel with the
following conditions:
1. That all representations of the applicant, either within the application or stated at the
hearing before the Board of County Commissioners, shall be considered conditions of
approval, including but not limited to the following:
A. The submitted information regarding noise abatement for the proposed kennel
building.
B. The submitted information regarding the proposed septic system.
2. As per the County Engineer's comments, "The quantity of water proposed is
sufficient if the cistern is sized for at least 20 gpd. The licensed engineer designing
the facility (cistern) should verify that the size is adequate for water usage, but not
oversized so that water quality becomes an issue."
3. Section 2.02.311 of the Zoning Resolution which defines "kennel" must be complied
with in the operation of the proposed kennel.
4. Any signs for the proposed kennel must comply with Section 5.07 (Garfield County
Sign Code), of the Zoning Resolution.
5. No outdoor dog run will be allowed.
6. All exterior lighting will be the minimum amount necessary and all exterior lighting
will be directed inward, towards the interior of the subject lot, except that provisions
may be made to allow for safety lighting that goes beyond the property boundary.
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• • •
•
Roger L. Garing
16960dmDr
Glenwood Springs, Co. 81652
Garfield County Building and Planning Department
RE: Gary and Hilda Aho
Dust-N-Sage Kennels
1588 Odin Dr.
Silt, Co 81652
I own lot38, just East of Aho; and am probably their nearest neighbor. I have no problem
with their proposed use of this property as a dog breeding kennel. This is a rural area I don't see any
difference between dog$ and any other farm animal use, except for the possible extra barking. The
Ahos have more than taken care of this with the structure they propose. I also know them to be very
responsible and would respond immediately to any future problems that might arise. Please approve
this variance.
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
To Whom It May Concern:
Steven & Nancy Wilcox
1587 Odin Dr.
Silt, CO 81652
September 22, 2000
On September 10, 2000 Gary and Hilda Aho visited us at our home to explain
their plans to build a kennel on their property at 1588 Odin Dr. They explained to
us that they had to get a Special Use Permit in order to do this and that there
would be a hearing on October 2, 2000 at 1 :30 PM. At the time of their visit they
gave us a copy of the letter dated August 7, 2000 from the Garfield County
Building and Planning Dept. stating the date of the hearing. Along with that they
also gave us copies of the various papers that they had filed with the county with
their application, including a map showing where on their property the kennel
would be located, where the septic system would be, their plan for acquiring
water for the kennel, among other papers.
We have reviewed all of the papers and find that we have no opposition to the
kennel. We will be unable to attend the hearing due to it being during working
hours but we urge you to approve their application for the Special Use Permit for
their kennel.
If you have any questions or concerns, please feel free to contact either Steven
at 945-6581 days or Nancy at 925-9500 Ext. 679 days. We will be happy to be of
any further assistance.
Thank you in advance for you attention and acceptance of this letter.
Sincerely,
~C(J/y
Steven A. Wilcox
Scribed and sworn before me on this ~d,.c{ day of September 2000.
State of Colorado) f.\' .
l~-l-'~1T~\L~10~---
County of )
My Commission Expires -t/a.0/01
I
From: Davis Farrar 970-963-7172 To: Jeff Laurien Date: 8/17/00 Time: 11:46:46AM
RECEIVED AUG 1 7 2000
SILT PLANNING STAFF MEMORANDUM
TO: JEFF LAURIEN
FROM: DAVIS FARRAR -SILT PLANNER
sun.mer: SPECIAL USE PER!vllT APPLICATION FROM GARY & IllLDA AHO
FOR DOG KENNEL
DATE: 8/17/00
CC: CRAIG OHLSON, SILT PLANNING COM!vl!SSION
Thank you for the opportunity to review the Dust-n-Sagc Kem1els request for a
special use permit application from Garfield County. The proposed site is approximately
2.8 miles from the closest point of the Silt municipal boundary. The subject property also
lies outside of our urban gro"th boundary. The subject property lies outside our
jurisdictional authority and therefore the town staff has no comment on the application.
If Garfield County would still like the town to provide comments on the application even
though the subject property lies outside of our jurisdictional authority, please contact the
to"n as soon as possible.
Page 1 of 1
RECEIVEG JG 2 1 2000
STATE OF COLOMDO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
131 3 Sherman Street, Room 818
Denver, Colorado 80203
Phone' (3031866-3581
FAX' (303) 866-3589
http '//water .state .co.us/default. htm
Jeff Laurien
Garfield County Planning Dept
109 8th St Ste 303
Glenwood Springs CO 81601
Re:
Dear Mr. Laurien:
August 16, 2000
Dust-N-Sage Special Use Permit
SEY. NW'!. Sec: 5 T5S, R92W, 6th P.M.
W. Division 5, Water District 39
Bill Owens
Governor
Greg E. Walcher
Executive Director
Hal D. Simpson, P.E.
State Engineer
Pursuant to the State Engineer's August 7, 1995 memorandum to county planning directors,
this office is no longer providing comments on land use actions that do not involve the subdivision
of land as defined in Section 30-28-101(10)(a), C.R.S. This referral is for a special use permit,
and does not appear to qualify as a "subdivision".
If you have any questions in this matter, please contact Craig Lis of this office.
~-;?,#?'£
Craig M. Lis
Water Resource Engineer
CML /Dust-n-Sage Special Use Permit.doc
cc: Orlyn Bell, Division Engineer
.Jim L<Jrnon, Water Commissioner. District ::19
Garfield County Engineering
Memorandum
To: Jeff Laurien; Senior Planner
From: Janice Loucks
Date: 08/30/00
Re: Dog Kennel Application for Special Use Review
Staff has reviewed the above application. The quantity of water proposed is sufficient if the cistern is
sized for at least 20 gpd. The licensed engineer designing the facility should verify that the size is
adequate for water usage, but not oversized so that water quality becomes an issue.
Janice Loucks
··~WIM-; t. ~~-
Gar~ County Engineer
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Application for Special Use Permit
Garfield County Planning Department
Submitted by
Dust-N-Sage Kennels
1588 Odin Dr.
Silt, CO 81652
970/876-2216
July 17, 2000
It is our desire to build and operate a kennel for breeding our own small dogs. The
location is 1588 Odin Dr. Silt, CO 81652, lot 37 Asgard Subdivision (3rd filing). This
location is on County Road 456. We wish to have no more than twenty, small, breeding
dogs at a given time. We will not be boarding dogs for other people.
The kennel we plan to construct will be approximately 24 x 32 feet. It will have it's own
septic system. We will be installing a cistern for washdown and drinking water and a
seperate electrical panel for this building. Water will be hauled from town since the local
homeowners' water system is of limited supply and restricted to domestic use. Total
water requirment is estimated at just 10 to 20 gallons/day. The building will be built from
acoustical concrete/styrofoam block and will have a metal roof Windows, fans, heat,
insulation, and air conditioning will be included for the dogs' comfort. Concrete floors
with drains to the septic system will facilitate washdown and minimize odor; this also
allows for easy application of disinfectants. A County Building Permit will be secured
after the Special Use Permit is approved.
When the facility is completed it will be painted and landscaped to blend in with the rest of
our buildings. We don't expect any more than five to ten extra visitors a month. Our
home is not easy to find so very often we will be meeting people off site or delivering their
puppies to them.
Adjoining property owners will be notified, as required, prior to a Public Hearing on this
Applicaion.
According to code, the kennel will not have outdoor runs. If the code is changed to allow
outdoor runs, the dogs will only be allowed outdoors when supervised and only during
daytime hours. Because of the building materials being used we don't expect that noise,
odors, or dust will be a problem. If noise were ever to become a problem we are willing
to construct a berm, block wall, or a fence around the kennel to eliminate any problem.
The layout of our proposed building and kennels, as well as our property, have already
been inspected and approved by Scott P. Leach of the Colorado Department of
Agriculture. He advised us that ifthe County would have any questions of him to please
call (303/239-4161). We will be applying for a Colorado Business Registration for our
kennel and we will be paying State and County sales tax on all sales of our puppies. The
kennel will be run as a family-owed business.
Attached is a U.S.G.S. 1:24,000 scale quadrangle map showing the vicinity of our
property, including other structures in the neighborhood.
Attached is a portion of the Garfield County Assesor's Map showing adjacent properties.
A list of the owners and their addresses is also attached.
Attached is a map drawn to scale portraying our lot. It shows current structures. Two
optional sites for the kennel building are shown. The site will be chosen based on the
building contractor's final design for the topography.
Attached is a copy of our deed. A surveyor's drawing shows details of our property and
existing easements.
We trust that the information provided is adequate. We believe it is complete and correct,
to the best of our knowledge.
ary and Hilda Aho
Dust-N-Sage Kennels