HomeMy WebLinkAbout4.0 Resolution 2009-39®III 1011111+ii1a,4t6t'AKIlillifhN4l11/2NrifiCitilfili"1 II III
Receptionp: 769617
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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 Courthouse, in Glenwood
Springs on, Monday, the 8th day of June A.D. 2009, there were present:
John Martin
Mike Samson
Tresi Houpt (absent)
Deborah Ouinn
Jean Alberico
Ed Green (absent)
, Commissioner Chairman
, Commissioner
, Commissioner
, Assistant County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2009-39
A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE
PERMIT FOR A KENNEL ON A PARCEL OF LAND OWNED BY #10 ENTERPRISES
(AKA HIGH LONESOME RANCH) LOCATED 4.6 MILES WEST OF THE
INTERSECTION OF COUNTY ROADS 200 AND 204 IN THE SW 1/4 NE' OF
SECTION 9, TOWNSHIP 8 SOUTH, RANGE 98 WEST OF THE 6TH PM, GARFIELD
COUNTY
PARCEL NO# 2443-101-00-009
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received an
application for a Land Use Change Permit to allow for the construction and operation of a
"Kennel" to house hunting dogs on a 40 -acre tract of land that is part of the larger 13,000 -acre
ranch known as the High Lonesome Ranch, located on CR 200.
B. The 40 -acre tract is located approximately 4.6 miles west of the intersection of County
Roads 200 and 204 in the SW '/4 NE 1/4 of Section 9, Township 8 South, Range 98 West of the
6th PM, Garfield County.
C. The subject property is contained within the Resource Lands: Gentle Slopes / Lower
Valley Floor zone district and a Land Use Change Permit for a Kennel requires a Limited Impact
Review Process by Garfield County.
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D. The Board is authorizcd to approve, deny or approve with conditions a Land Use
Change Permit for a Kennel pursuant to Section 1-301 and 4-105 of the Garfield County Unified
Land Use Resolution of 2008, as amended.
E. The Board of County Commissioners opened a public hearing on the 8th day of June,
2009 upon the question of whether the Land Use Change Pennit application for a Kennel should
be granted or denied, during which hearing the public and interested persons were given the
opportunity to express their opinions regarding the application.
F. The Board of County Commissioners closed the public hearing on the 8th day of June,
2009 to make a final decision.
H. The Board on the basis of substantial competent evidence produced , at the
aforementioned hearing, has made the following determinations of fact:
1. Proper posting and public notice were provided as required for the public hearing
before the Board of County Commissioners.
2. The public 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 hearing.
3. The above stated and other reasons, the proposed Land Use Change Permit for a
Kennel has been determined to be in the best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of Garfield County.
4. The application has met the requirements for a Limited Impact Review (Article IV)
and associated applicable Standards (Article VII) of the Garfield County Unified
Land Use Resolution of 2008, as amended.
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 to allow for the construction and operation of a Kennel on
a 40 -acre tract of land that is part of the larger 13,000 -acre ranch known as the High
Lonesome Ranch, located on CR 200 is hereby approved subject to compliance with the
following conditions:
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I. That all representations made by the Applicant in the application, and at the public hearing
before the Board of County Commissioners, shall be conditions of approval, unless
specifically altered by the Board of County Commissioners.
2. All lighting associated with the property shall be directed inward and downward towards the
interior of the property.
3. The Applicant shall provide a Revegetation / Reclamation Plan to the Building & Planning
Department that addresses the following points prior to issuance of a Land Use Change
Permit:
a. Areas disturbed duringdevelopment shall be restored as natural -appearing landforms that
blend in with adjacent undisturbed slopes.
b. Contouring and Revegetation. Abrupt angular transitions and linear placement on visible
slopes shall be avoided. Areas disturbed by grading shall be contoured so they can be re -
vegetated, and shall be planted and shall have vegetation established and growing based
on 70% coverage as compared with the original on-site vegetation within two (2)
growing seasons, using species with a diversity of native and/or desirable non-native
vegetation capable of supporting the post -disturbance land use.
c. Revegetation of Disturbed Areas. To the maximum extent feasible, disturbed areas shall
be revegetated to a desired plant community with composition of weed -free species and
plant cover typical to that site.
d. Application of Top Soil. Top soil shall be stockpiled and placed on disturbed areas.
e. Retaining Walls. Retaining walls made of wood, stone, vegetation or other materials that
blend with the natural landscape shall be used to reduce the steepness of cut slopes and to
provide planting pockets conducive to revegetation.
f. Slash Around Homes. To avoid insects, diseases and wildfire hazards all vegetative
residue, slushiness, branches, limbs, stumps, roots, or other such flammable lot -clearing
debris shall be removed from all areas of the lot in which such materials are generated or
deposited, prior to final building inspection approval.
g.
Removal of Debris. Within six months of substantial completion of soil disturbance all
brush, stumps and other debris shall be removed from the site.
h. Time Line Plan. Every area disturbed shall have a time line approved for the reclamation
of the site approved by the County and a security shall be provided to Garfield County in
an amount of $2,500 per disturbed acre to be reclaimed prior to the issuance of a Land
Use Change Permit:
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4. Prior to the issuance of a Land Use Change Permit, the Applicant shall obtain a letter from
the Debeque Fire Protection District that indicates the District can and will serve the property
and that there is an adequate water supply for fire protection at the site or recommend
improvements to meet that requirement.
5. That based on the water quality testing results, the proposed water system shall be modified
with a water treatment component to include manganese removal and softening for all water
pumped from the well plus reverse osmosis treatment for all water used as potable water for
humans as recommended by Resource Engineering.
6. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide the County
Building and Planning Department with a copy of all the required permits required by the
State of Colorado Department of Agriculture.
7. This kennel shall be completely enclosed with a building that prevents any sounds from
emanating from the property boundary in excess of the Residential Zone District standards
contained in CRS § 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 official time determined by the Old
Farmers Almanac charts of sunrise and sunset for the location of the kennel. A kennel may
have dogs outdoors if the noise from the kennel does not exceed the noise standards cite
previously and complies with other Garfield County regulations as provided.
8. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide an engineered
ISDS system to the County to review that meets the following standard:
"Individual sewage disposal system shall be 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 for disposal by a commercial hauler to dispose of the feces and urine
waste at an approved solid waste disposal site."
9. Special events that attract more than twenty-five (25) participants shall be prohibited on-site.
10. Animal and food wastes, bedding, debris and other organic wastes shall be disposed of so
that vermin infestation, odors, disease hazards and nuisances are minimized. Such wastes
shall be removed at least weekly, or more frequently, from the facility and hauled by a
commercial hauler to an approved solid waste disposal site.
11. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide the Building
and Planning Department with an engineered water system design that meets the required
standards in Section 7-105 and 7-106 of the ULUR.
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12. The County shall not issue a building permit for the kennel facility until and unless all of
these conditions have been met with the understanding that the Applicant cannot obtain the
State of Colorado Department of Agriculture permit until the structure is constructed.
Therefore, the County will not issue the Land Use Change Permit until the Applicant
provides the Building & Planning Department with the appropriate permits from the State of
Colorado Department of Agriculture.
13. The Applicant shall provide an opinion to the County Building and Planning Department
from the Colorado Division of Wildlife or a qualified wildlife biologist that the proposed
facility will not result in an adverse impact to wildlife / migration routes prior to the issuance
of a Land use Change Permit.
14. The Applicant shall provide documentation to the Building and Planning Department to
satisfy the following questions raised by the County staff Engineer prior to the issuance of a
Land Use Change Permit regarding the water system and waste -water system:
a. Storage Tank Volume: The last plan sheet gives the sizes of the two water storage
tanks. Tank #1 that serves the duplex is 4700 gallons (10' diameter and 8' tall).
Tank #2 that serves the kennels is 6, 770 gallons (12' diameter and 8' tall).
b. Duplicate Water Lines: I see no reason why they have two different water systems for
the kennel and duplex. Some State requirement? Why have two sets of pump
controls and double the length ofpipe?
c. 1SDS/Water Line Separation: The water lines are too close to the drain field.
According to the 1SDS regulations, a 25' separation is needed.
d. Pipe Route on Hillside: 1 also disagree with running the water lines straight up the
hillside: The propose PVC pipe needs to be buried to prevent freezing. I think that
it would be a lot easier (and much less visually impacting) to bury the pipe on the
tank access road.
e. Solid Waste: Presumably they will be manually removing the solid waste and sending
it to the landfill.
f Recycle Water Storage Tank: The submitted plans don't provide adequate detail to
know how the system works. If they are going to recycle the treated wastewater, they
need some sort of storage tank to hold the effluent until it's needed.
g.
Sludge: The treatment system will produce a sludge. What do they plan to do with
the sludge? Send it to the septic tank?
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h. Treatment System Drain. The treatment schematic shows an arrow from the treatment
system to the drain. What is this flow? Where does this drain go? To the septic
tank?
Dated this IS— day of , A.D. 2009 .
ATTEST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
rk of the Board Chairni
Upon motion duly made and seconded the fo :_oing Resol ion as adopted °y the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TR$SI HOUPT (ABSENT)
STATE OF COLORADO )
)ss
County of Garfield )
e
, Aye
,ABSENT
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
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