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Home My WebLink About4.0 Resolution 2006-10211111111111111111111111111111111111 !119111111111 III 1111111111111 709604 10/24/2006 10:26H 81855 P819 M ALSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 2nd day of October A.D. 2006, there were present: John Martin (Absent) Commissioner Chairman Larry McCown Commissioner Tresi Houpt Commissioner Don DeFord County Attorney Mildred Alsdorf Clerk of the Board Ed Green County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2006-102 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR A KENNEL FOR A PROPERTY OWNED BY FRANK AND DONNA JEAN DONOFRIO LOCATED AT 0303 PIEDMONT ROAD, GLENWOOD SPRINGS, GARFIELD COUNTY PARCEL NO# 2395-032-00-014 WHEREAS, the Board of County Commissioners of Garfield County, Colorado (`Board"), has received an application from Frank & Donna Jean Donofrio for a Special Use Permit ("SUP") to allow a Kennel on their property within the A/R/RD (Agricultural / Residential / Rural Density) zone district; and WHEREAS, the Board held a public hearing on the 2nd day of October, 2006, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. yy1 11111111111111111111111111 1111" 1111111 III 11111L11111111 7o9604 10/24/2006 10:26A - P820 M A2'of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 2. The meeting 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. The above stated and other reasons, the proposed special use permit 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 of Special Use (Sections 5:03, 5:03:15 and 9:03) the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that Special Use Permit for a Kennel for a property owned by Frank & Donna Jean Donofrio is hereby approved subject to compliance with all of the following specific conditions: 1. Restrict the number of dogs on the property to no more than 15 adult dogs and no more than two litters shall be allowed to occur on the property in any one calendar year. 2. That all representations made by the Applicant in a public hearing before the Board of County Commissioners shall be considered conditions of approval unless otherwise amended or changed by the Board. 3. The Applicant shall provide access to their home for monthly or yearly visits with 24 hour notice. 4. All kennels shall be completely enclosed within 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 as 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 cited previously and complies with other Garfield County regulations as provided in Section 1.07 of the Garfield County Zoning Resolution of 1978, as amended. 5. No dust, noise in excess of the Residential Zone District standards contained in CRS § 25- 12-103, with the exception that no noise in excess of 55 db(A) from sunrise to sunset, and 50 db(A) from sunset to sunrise as defined above will be allowed, odors or source of filth shall emanate from the property. 6. An individual sewage disposal system capable of handling all feces and urine waste from the kennel or the feces and urine waste shall be stored in a sealed container, capable of being 2 111111111111111111111111 II 11!1", 1111111 III 11111 IIII IIII 709604-20/24/2006 10:26R 51855 P821 M RLSDORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO pumped to allow a commercial hauler to dispose of the feces and urine waste at an approved solid waste disposal site. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act, CRS § 30-20-100.5, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 8. No permanent disposal of any waste shall be permitted at a site. This does not include those wastes specifically excluded from the definition of a solid waste in CRS §30-20-100.5. 9. Special events that attract more than 25 participants shall be prohibited on a site, unless approved as a part of the original permit and the proposed special events are well defined as a part of the permitting process. 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 commercial hauler to an approved solid waste disposal site. 11. The Applicant shall present the Breeder license approved from the Department of Agricultural every year to the County. 12. This Special Use Permit shall only be valid under the current ownership of Frank and Jeannie Donofrio for the purpose of Yorkie Terrier breeding only. Once the property is sold, the Special Use Permit is void on this property. 13. The Special Use Permit shall be administratively reviewed by the County after October 2, 2007 and prior to November 2, 2007. If problems have occurred, the Special Use Permit shall be called up to the Board of County Commissioners for their review. 14. The Applicant shall have 120 days from the date of their birth to remove all puppies produced from the litters from the property. Dated this 16th day of October A.D. 20 06 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, ;Cl k4the Bdi 1J 4 111111 IIIII 1111111 11111 II UP 1111111 III IIIII 1111 IN 709604 10/24/2006 10:268 x.855 P822 M RLSDORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN , Absent Aye STATE OF COLORADO ) )ss County of Garfield ) Aye 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