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HomeMy WebLinkAbout2.0 BOCC Staff Report 03.16.2020Board of County Commissioners — Public Hearing Exhibits Kennel, Large Major Impact Review Applicants are Leslie and Howard Kancilia March 16, 2020 (File LI PA -12-19-8763) Exhibit Number Exhibit Description 1 Public Hearing Notice Information Proof of Publication 2 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 Referral Comments from Mountain Cross Engineering 10 Referral Comments from the Colorado River Fire Rescue 11 Referral Comments from Garfield County Public Health 12 Referral Comments from the Colorado Division of Water Resources 13 Referral Comments from Colorado Parks and Wildlife 14 Referral Comments from Garfield County Road and Bridge 15 Referral Comments from Town of Silt 16 Referral Comments from Garfield County Vegetation Management 17 18 19 20 b s EXHIBIT 6 BOCC - March 16, 2020 File No. LIPA-12-19-8763 PW PROJECT INFORMATION AND STAFF COMMENTS REQUEST Land Use Change Permit - Limited Impact Review for a Kennel, Small (fewer than 8 adult dogs). APPLICANT — PROPERTY OWNER Leslie and Howard Kancilia ASSESSOR'S PARCEL # 217909300328 PROPERTY SIZE 2 acres LOCATION The property is located at 6301 County Road 346, Silt, CO 81652, approximately 0.35 miles west of the Town of Silt, in Section 9, T6S, R92W ACCESS The facility accesses directly onto County Road 346 EXISTING ZONING The property is zoned Rural STAFF RECOMMENDATION Approval with Conditions I. GENERAL PROJECT DESCRIPTION The Applicant is requesting a Limited Impact Review for a Kennel, Small (less than 8 adult dogs) on a 2 -acre parcel within the Rural zone district. The site is currently developed with a single-family home. Access to the property is directly off County Road 346. Water is proposed to be served by an existing well while wastewater is to be handled by an existing Onsite Wastewater Treatment System (OWTS). The applicant plans to use an existing structure to house the kennel. The structure was permitted as a kennel in 1984. The applicant had a kennel on the property that began operation in 1984. At that time, zoning allowed for a kennel use by -right. In 2005 the applicant discontinued the use and is now required to obtain a Land Use Change Permit. 1 Aerial of Subject Parcel 2 Vicinity Map II. LOCATION - SITE DESCRIPTION The subject property is generally flat and has been developed with the kennel building, a single-family residence and various out -buildings. The area where the kennel will be located is graveled with minimal vegetation except for a few trees. Staff review determined that there is floodplain located on the northern portion of the parcel. There is a decrease in elevation from the single-family residence to the northern portion of the property. To the east and north of the property is an operating gravel pit, to the west is an oil and gas well, and to the south is a plant nursery. The kennel is self-contained with its own structure and associated play -areas. Fences are in place to contain visiting dogs. III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS Public Notice was provided for the BOCC public hearing in accordance with the Garfield County Land Use and Development Code as amended. Referral comments are summarized below: 3 Mountain Cross Engineering: (Exhibit 9) - Well Testing and Water Quality Testing are required The leach field for the OWTS should be evaluated and additional information provided The Applicant should compare the existing driveway to the semi -primitive road standards The Applicant should evaluate the number of proposed parking spaces Colorado River Fire Rescue: (Exhibit 10) - No concerns were identified with the proposed project Garfield County Public Health: (Exhibit 11) - Soil treatment area of the OWTS should be assessed and recommended routine maintenance Animal waste should be stored and disposed in a manner which does not impact ground or surface waters Water Quality tests should be provided Colorado Division of Water Resources: (Exhibit 12) - The applicant provided a copy of an amended contract with the West Divide Water Conservancy District to provide legal water to the facility. However, the applicant has not obtained a final copy of the well permit Colorado Parks and Wildlife: (Exhibit 13) - The applicant should comply with construction BMP's - Provided several recommendations regarding Operational BMP's Garfield County Road and Bridge: (Exhibit 14) - No concerns were identified regarding off street parking and pick-up Town of Silt: (Exhibit 15) - Identified potential concerns with amount of water that would be used and animal waste and disposal Vegetation Management: (Exhibit 16) - No issues were identified Other agencies that did not submit comments include: Holy Cross Energy, CDPHE Water Quality Division and Hazardous Waste Management Division. No public comments were received. 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, 4 Divisions 1, 2, and 3. 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 Article 3 standards for the Rural zone district. 7-102: Comprehensive Plan and Intergovernmental Aareements The Comprehensive Plan 2030 designates the site as Urban Growth Area for the Town of Silt. The Comprehensive Plan indicates that Urban Growth Areas are the preferred locations for commercial and employment uses. Pursuant to the County and the Town's Inter Governmental Agreement, the application was referred to the Town of Silt where it was reviewed by the Town's Planning Commission. The Commission indicated possible concerns with water supply and waste management but indicated that these issues could be mitigated. The Comprehensive Plan is supportive of the application, including in Goal 1 of the Economics Section, which states, "Maintain a strong and diverse economic base (for both employment and income generation). The location and design of the proposed facility is in general conformance with the Comprehensive Plan Policies and Intergovernmental Agreements subject to proper mitigation of impacts. 7-103: Compatibility The application is surrounded by an operating gravel pit, an oil and gas well, and a plant nursery. No compatibility issues were identified with the surrounding uses and a kennel. 7-104: Source of Water The applicant proposes that the kennel facility will be served by an existing well. This well is currently permitted for a single-family dwelling and associated irrigation. The application indicates that the applicant has received approval from the West Divide Water Conservancy District for an augmentation plan to allow for the use of the kennel. At this time the applicant has not received a permit from the Division of Water Resources for the new kennel use (Exhibit 12). This has been included as a suggested Condition of Approval. The applicant has requested that the requirements for a pump test and a water quality test for the existing well be completed as Conditions of Approval. 5 7-105: Central Water Distribution and Wastewater Systems The kennel will be served by an existing, permitted OWTS (Permit Number - 1371). The OWTS was originally installed in 1984 to service the kennel on site at that time. The application indicates that only mopped water from the kennel will be the only kennel waste going to the system. There is also one bathroom in the kennel building associated with the OWTS. The application included an evaluation of the OWTS that was performed by A&E Plumbing and Heating. No issues were identified with the existing system and the applicant's engineering report indicated that there is sufficient capacity to serve the proposed use. The application was reviewed by the Garfield County Designated Engineer and Garfield County Environmental Health. Both referral agencies responded that the existing soil treatment area should be assessed (Exhibits 9 and 11), although further discussions with Garfield County Environmental Health indicated that this was a recommendation rather than a requirement. Garfield County Environmental Health also provided some additional recommendations regarding maintenance of the system as well as the installation of an effluent filter. Because Garfield County Environmental Health is comfortable with the assessment of the system and it has already been permitted by the County, Staff has not included any suggested Conditions of Approval prior to the issuance of the permit, but rather provided recommendations for maintaining the system. In response to Garfield County's Designated Engineer referral comments, the applicant has indicated that the single-family residence has a separate OWTS from the kennel. Additionally, the location of the septic system as shown to Staff on the site visit, indicates that the facility is located outside of the floodplain. Because of this no flood proofing is required. 7-106: Public Utilities The applicant has indicated that electricity is provided by Holy Cross Energy. No referral comments were received form Holy Cross. No issues are anticipated with electric service to the property. 7-107: Access & Roadways Access to the property is directly off County Road 346 via a graveled parking area. The applicant's engineer reviewed the access and indicated that the parking area directly off the County Road is 75 feet wide and 31 feet deep. Slopes are minimal and there is sufficient area to back out of any parking spaces and turn around before entering the County Road. The application was also reviewed by Garfield County Road and Bridge who indicated that there were no issues with off street parking for drop-off and pick-up. Garfield 6 County's Designated Engineer indicated that the driveway should be compared to semi- private road requirements. The facility functions more as a turn-off area and exceeds any applicable road requirements. 7-108: Natural Hazards Garfield County Hazard mapping indicates that the property is in an area with a high- water table. If the OWTS was not existing, this would trigger a requirement for an engineered system. However, the system is already in place, has been permitted, and has been analyzed by a qualified professional. As such, no issues are anticipated regarding the high-water table. Staff review at the pre -application conference identified that a portion of the property is in the floodplain. The applicant responded to this issue through the engineering report that indicated the southern half of the parcel where the kennel is located is outside of the 100 -year and 500 -year floodplain. The application was reviewed by the Garfield County Designated Engineer who has no issues except that if located in the floodplain, the OWTs should be floodproofed. It is Staffs understanding that the existing OWTS is located outside of the FEMA floodplain. Floodplain Map Excerpt 7-109: Fire Protection The Application was referred to Colorado River Fire Rescue (See Exhibit 10), who indicated that that there were no concerns with fire protection. 7-201: Agricultural Lands The applicant currently has horses on the property and will continue to do so with the kennel approval. No adverse effects are anticipated to agricultural operations as a result of the kennel. 7-202: Wildlife Habitat Areas The application was reviewed by Colorado Parks and Wildlife who provided detailed comments regarding Construction and Operational BMP's. The full letter is included as Exhibit 13 to` this Staff Report. Of note CPW requests the following: k,44 or 144.,.. f-1.061 - During construction garbage should be kept in a bear -proof container. - Recommendation that dogs should be leashed or kenneled at all times A top panel should be put over the outdoor areas of the kennel to prevent mountain lion access Trash should be kept inside a secure enclosure Feeding wildlife is prohibited - Fencing should be used only where wildlife exclusion is desired Staff has included compliance with Colorado Parks and Wildlife comments as a suggested Condition of Approval. 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 provided an engineering report indicating that it appears there are no adverse drainage impacts to existing structures or the property. The kennel is utilizing existing facilities onsite and no new construction or grading is proposed. The application was reviewed by the Garfield County designated engineer who did not identify any issues with Drainage or Erosion. 7-205 Environmental Quality Water Quality was identified as a potential issue by Garfield County Environmental Health (Exhibit 11). The referral comment indicated that animal waste should be stored 8 and disposed of in a manner which does not impact ground or surface waters. This has been included as a suggested Condition of Approval. The facility will not generate air emissions except for those typical of motor vehicles accessing the site. 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 "High" wildland fire susceptibility designation according to the Garfield County Community Wildfire Protection Plan. The application was referred to Colorado River Fire Rescue who did not indicate any issues with the proposal. There is minimal vegetation on the site and on the northern side of County Road 346, where the kennel is located. 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 oil and gas facilities and the gravel pit. Visiting dogs will stay either inside the kennel boundaries or outside in a fenced location. No Buffering is required. The Applicant's engineering report indicates that the site can accommodate eight perpendicular parking spaces. A kennel is not listed as a use in Table 7-302 A for minimum off-street parking. The kennel building is approximately 1,136 square feet and the most restrictive parking requirement would be 1 Space per 250 square feet of floor area as is required for a retail space. Staff anticipates that the proposed eight parking spaces is more than adequate for the use as the kennel will not see significant activity besides pick-up and drop-off. The Engineering Report also indicated that there is sufficient area to turn around so that there is no issue with vehicles backing out onto the County Road. This has been included as a suggested Condition of Approval. 9 Proposed Parking Plan 15,0' 52.0' X X GRAVEL DRIVEWAY & PARKING 6 a EDGE OF J PAVEMENT 30.0. r 2D.0'_ PARIONG 11 SPACE (TYP.) 1 N 17.C• 20.D' OUTDOOR 01 KENNEL GALE, TVP. L -_L - KENNEL BUILDING EXISTING FENCE, TW, 7-303: Landscaping No alterations are proposed or required to the existing landscaping on the site. 7-304: Lighting The Applicant has indicated that lighting is provided and attached to the building. 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. 10 7-603 Kennels Enclosed Building and Noise Prevention. The Applicant plans to use an enclosed building and a fenced play area for the kennel. A Noise Evaluation was supplied by the Applicant's Engineer. The Evaluation used a noise study from California in 2008 and analyzed the noise measurements at the proposed site. The conclusion of the evaluation was that noise from the site is not anticipated to exceed the allowable levels per state statute. The application was reviewed by the Garfield County Designated Engineer and no issues were identified. A suggested Condition of Approval has been included that the facility be required to operate within State noise requirements. Noise. See Section 7-603(A), above. Waste and Sewage Disposal System. See Section 7-204, above. State Licensing Required. The Applicant has indicated that they have been in contact with the State Department of Agriculture and that their license has been issued. Staff recommends a condition of approval that prior to issuance of the Land Use Change Permit, the Applicant should submit a copy of the license to the Community Development Department. V. SUPPLEMENTAL AND ADDITIONAL STAFF ANALYSIS During the site visit, Staff identified a sign for the business on the property. Prior to operation of the facility, a sign permit will need to be approved for the sign. VI. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the reasons stated herein and other reasons the proposed Land Use Change Permit for the Kennel, Small is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 11 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 Staff recommends approval of the application with the following suggested Conditions of Approval. Conditions Prior to Issuance of Land Use Change Permit 1. Prior to the issuance of the Land Use Change Permit, the applicant shall submit a Division of Water Resources well permit to allow for the Kennel use. 2. Prior to the issuance of the Land Use Change Permit, the applicant shall supply a pump test that meets Garfield County requirements. If the test is not adequate, the applicant shall submit a plan to maintain adequate and physical water for the facility from a qualified professional. That plan shall be acceptable to the Community Development Department. Additional testing and installation of infrastructure may be required. 3. Prior to the issuance of the Land Use Change Permit, the applicant shall supply a water quality test that meets Land Use and Development Code requirements. If the test does not meet applicable requirements, the applicant shall submit a plan from a qualified professional to bring the water quality into compliance. This plan shall be acceptable to Community Development Department. Additional testing and installation of infrastructure may be required. 4. Prior to the issuance of the Land Use Change Permit, the applicant shall obtain any required sign permits for the property. 5. Prior to the issuance of the Land Use Change Permit, the applicant shall provide a copy of the required state Kennel license. Other Conditions of Approval 6. All representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 7. 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. 12 8. The kennel is limited to eight dogs at any one time. 9. Animal waste shall be picked up promptly and stored in a manner to prevent it from contaminating groundwater. Animal waste shall be disposed of off-site and in compliance with any applicable requirements. 10. The facility shall operate as detailed in the Colorado Parks and Wildlife referral comment (Exhibit 133his includes the required installation of a top panel to prevent access to th ennel by mountain lions. Eq 0V' -ter 11. 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. 12. It is recommended that an effluent filter be installed for the Onsite Wastewater Treatment System, that the soil treatment area is assessed, and that routine maintenance is performed on the system. 13. The facility shall maintain compliance with State and County requirements for noise. 14. No vehicle backing onto the County Road is permitted. 13 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. \ +. V Mailed notice was completed on the day of:1;. �D=' .' ✓ 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. b NE All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. My application required Published notice. Notice was published on the day of __ ■ Please attach proof of publication in the Rifle Citizen Telegram. 20 -z -P My application required Posting of Notice. Notice was posted on the day o& , 2021) Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify t the bove information is true and accurate. Name: Signature: c iLCA, Date: Ad #: 0000546924-01 Customer: LEGALS HOUSE ACCOUNT, Your account number is: 2927005 PROOF OF PUBLICATION RIFLE CITIZEN TELEGRAM STATE OF COLORADO COUNTY OF GARFIELD I, Samantha Johnston, do solemnly swear that I am Associate General Manager 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 cifigi Rbagr4nexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 2/6/2020 and that the last publication of said notice was dated 2/6/2020 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 2/17/2020 Samantha Johnston, Associate General Manager Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this day 2/17/2020 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 tE51 LYNNMELVi14 KOIMr sixrFCl•zcI Pin: ASn WidIRtlA'Mkf.m"'irRswrs9M•l.7ma ►Yo=Nfma T.KE Nana pal L..be end ¢Warn!Kee.* nlMeernrla Ian ydrxnq C.a.n ssn+ U▪ w bln,amW aSM1gw .7 w4 6eCrybw1MUr non khan¢rdRemo IOW Canty of Maud, %carrearward.. nwr ..dp.r11n wl0!a.. A Marl k lend Waked ar nn &Vire Salem TM.*Kpe50Wr. n&'eeg.0 2Wog g a um Nn Amine Manu.. ¢exp ��lodaSer.w u w.wal lida SR1M0Nr 8w la d5inanANaennp aDM na KanrM rt?u a6LYM}�nv q . 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GLENWOOD.. $PRI'NGBs C0 81601 c o+utira Mall coo $3.55 s $0. 0591 04 Postmark Here /0 6/2020 I xlm Servicoe 8 Fees tcrmJr110A add Ice Q. t110[ Return I 8 Remade( $ ?, � ❑ Retum Receipt (electronic) 3 - _-IJ .11,11- _ ❑ Certified Mall Restricted Delivery $ —$0.-00___ 40.1;❑ Adult Signature Required 3 _40,00- 1 Adult t3tenstien Restricted Frttreery 3 11 Pining $0.55 totalPostaab and 3$4.10 .02 �`.Njc;-\i.S1 5.nySee Ali rk* " iF4d4 , ` � O .l (Qb t PS Form 3800, April 2015 PSN .7530.02-000-9047 See Reverse tor Instructions PUBLIC NOTICE TAKE NOTICE That Leslieand Howard Kandla has applied to the: Board of County Commissloners Garfield, County. pursuant to The land use and Development Cuda of 2013, as amended I to allow: ler o Small Kennel on the property. A public hearing on this application will be held in the: Board of County Commissioners Meeting Boom 108 8'o street Glenwood Springs, Colorado. on: March 16'^, 2020 at. 3.•00 P.M. J 1 Date Notice Was Posted: BY. For additional mint m RliKn, conter11 Garfield County Community Development 108 8'e 5t„ Suite 401, Glenwood Springs, CO 81601 (970)945.8212 or email: ewp K igAp5t111Y February 13, 2020 Mr. Patrick Waller Garfield County Planning 108 8`11 Street, Suite 401 Glenwood Springs, CO 81601 MOI1]T/iI ENGINEERING, INC. Civil and Environmental Consulting and Design a a EXHIBIT 9 RE: Review of the Application for Kancilia Small Kennel: LIPA-12-19-8763 Dear Patrick: This office has performed a review of the documents provided for the Kancilia Small Kennel. The submittal was found to be thorough and well organized. The review generated the following comments: 1. Well testing is required. Water quality testing and well pump testing should be performed and the results provided to Garfield County. 2. The OWTS evaluation stops at the septic tank. The Applicant should verify that the leaching area is also adequate, in good condition, meets setback requirements, and is adequately flood proofed if located in the floodplain. Additionally, the Applicant should verify that the existing residence has a separate OWTS and that the Kennel and residence are not combined. 3. The materials provided by the Applicant state that the driveway should meet the requirements of a Semi -private road. The Applicant should compare the existing driveway to these standards. 4. The Applicant proposes 6 parking spaces. The Applicant should compare the proposed spaces to the number required per the Code. Feel free to call if you have any questions or comments. Sincerely, j Mountai fiCross Eng'netring, inc. Chris Hale, PE 8261/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com Colorado River Fire Rescue Patrick Waller 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Kennel, Small February 12, 2020 Patrick: This letter is to advise you that I have conducted a site visit and reviewed File Number: LIPA-12-19-8763, Kancilia Kennel, Small, located at 6301 CR 346 in Silt. I have no requirements or concerns with this proposed 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, Prevention Division Chief/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: Patrick Waller Public Health EXHIBIT 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 February 17, 2020 Hello Patrick, I have reviewed the application for the Kancilia Small Kennel and have the following comments: 1. Onsite Wastewater Treatment Systems (OWTS): The included Civil Engineering Report indicates that the existing OWTS system is adequately sized and is in "good condition". It is recommended that the soil treatment area is assessed, and that routine maintenance is performed on the system. It is also recommended that an effluent filter is installed if not already in place. If alterations or repairs to the system are needed, the applicant must obtain a permit. 2. Animal Waste: The application details that all solid waste is to be collected weekly. The applicant should ensure that animal waste is stored and disposed of in a manner in which does not impact ground or surface waters. 3. Drinking Water: Water quality test results for the existing well were not included in applicant materials. Water quality tests are recommended every year for private drinking water wells, with more comprehensive tests every five years. a. It is recommended that the applicant complete testing that is at least equivalent to the Colorado Department of Public Health and Environment Laboratory Services Division's "Deluxe Colorado Package". b. Annual testing is recommended for total coliform bacteria, nitrates, and other contaminants as needed. Thank you, Oc Anna Cochran Environmental Health Specialist III Garfield County Public Health 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 665-6381 Garfield County Public Health Department — working to promote health and prevent disease go COLORADO Division of Water Resources Department of Natural Resources MEMORANDUM Date: February 14, 2020 To: Patrick Waller, Planner Garfield County Community Development Department From. Megan Sullivan, Water Resource Engineer Re: Kancilia Small Kennel, LIPA-12-19-8763 We have reviewed the proposed water supply for a land use change permit to allow a small kennel to be located on an approximately two acre parcel located at 6301 County Road 346, Silt, in the SE of the SW of Section 9, Township 6 South, Range 92 West of the 61" PM. The water for the property is currently supplied from an existing well, current permit no. 119069. The use of the well under this permit is limited to domestic use including the irrigation of not over one acre of home gardens and lawns. As currently permitted, the well cannot be used to supply the proposed kennel. The Applicant provided a copy of an amended contract with the West Divide Water Conservancy District to provide replacement water for depletions associated with water use in one residence, 2000 square feet of irrigated lawn and garden, and water use in 800 square feet of commercial space including the watering of eight dogs. However, as of the date of this memorandum, it does not appear that the Applicant has applied for a well permit to use the existing well to operate it pursuant to the West Divide Water Conservancy District amended contract which would allow the well to serve the kennel. Therefore, we recommend that prior to final approval, the County requires the Applicant to provide a copy of a permit that does allow the well to supply the kennel. Please contact me if you or the applicant have any questions. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.water.state.co.us February 11th, 2020 COLORADO Parks and Wildlife Department of Natural Resources Grand Junction Service Center Northwest Regional Office 711 Independent Ave. Grand Junction, CO 81505 Patrick Waller Garfield County Planner, Community Development Department 108 8th Street Suite 401 Glenwood Springs, CO 81601 RE: Kancilia Small Kennel; File Number LIPA-12-19-8763 Dear Mr. Waller, EXHIBIT 13 Colorado Parks and Wildlife (CPW) has reviewed the application for the proposed Kancilia Small Kennel addition located at 6301 Garfield County Road 346 in Silt, CO 81652. Given that the Kennel addition is located at a currently occupied dwelling and will not significantly impact wildlife habitat, the effects on local wildlife should be negligible. CPW recommends following the listed best management practices (BMP) to avoid conflicts with wildlife on this property. Construction BMPs All garbage should be kept in a bear -proof container and disposed of regularly during the construction phase. The site should be kept clean of all garbage and waste to eliminate attractants to wildlife. Future Operational BMPs 1. Pets should not be allowed to roam free (especially dogs) as they may chase or prey on various wildlife species. CPW recommends that dogs be leashed or kenneled at all times to prevent the chasing and harassment of wildlife. In areas such as this where mountain lions are a concern, the kennel should include a top panel to prevent access to the kennel by lions. This policy benefits the pet owners; when controlled, pets are less likely to become prey for mountain lions, coyotes, bobcats, foxes, or raptors. Pets should not be fed outside and all food items should be stored in an enclosed area. 2. Trash should be kept inside a secure enclosure until the morning of trash pickup. Bears, skunks, and raccoons are attracted to garbage and quickly become habituated—individual bear - proof trash receptacles can be used by homeowners to assist in mitigating these conflicts. 3. Feeding of all wildlife should be prohibited. Due to an increase in bear conflicts, Garfield County residents should consider refraining from feeding birds. Suet and hummingbird feeders are particularly attractive to skunks, raccoons, and bears; their use should be discouraged or, if used, feeders should be brought inside each night. It is always illegal to feed big game animals such as deer, elk, bear, and lions (as well as foxes and coyotes). Dan Prenzlow, Director, Colorado Parks and Wildlife = Parks and Wildlife Commission: Michelle Zimmerman, Chair • Marvin McDaniel, Vice -Chair James Vigil, Secretary • Taishya Adams • Betsy Blecha • Robert W. Bray • Charles Garcia • Marie Haskett • Carrie Besnette Hauser • Luke B. Schafer • Eden Vardy Fencing can alter or impede wildlife movement. Woven wire or chain-link fences should only be used in areas where total wildlife exclusion is desired (i.e. around the immediate domicile or to protect trees and shrubs). The use of ornamental fencing with sharp vertical points or projections extending beyond the top rail should be strongly discouraged. Perimeter fencing on this property is discouraged to allow unimpeded passage of wildlife. Colorado Parks and Wildlife appreciates the opportunity to submit comments for this project. If there are any questions or a need for additional information, don't hesitate to contact District Wildlife Manager Travis Bybee at (970) 985-5882 Sincerely, Travis Bybee, District Wildlife Manager Cc. Kirk Oldham, Area Wildlife Manager Erin Cassidy, Assistant to the Regional Manager File Patrick Waller From: Dale Stephens Sent: Monday, February 24, 2020 10:56 AM To: Patrick Waller; Dan Goin; Harry Shiles Subject: RE: Garfield County Referral Request - Kancilia Kennel EXHIBIT I4 - Patrick, I meet with the KANCILIAS LAST fall and road and bridge has no issues with the dog kennels and the off street parking for drop off and pick up is fine with Road and Bridge. Thank you. Dale From: Patrick Waller <pwaller@garfield-county.com> Sent: Monday, February 24, 2020 10:07 AM To: Dan Goin <dgoin@garfield-county.com>; Harry Shiles <hshiles@garfield-county.com>; Dale Stephens <dstephens@garfield-county.com> Subject: FW: Garfield County Referral Request - Kancilia Kennel Hi Dan, Harry, and Dale, Just following-up, not sure if you all sent me a comment on this one. I think the applicant has already been in touch with you all about it. Thanks, Patrick Waller, AICP Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-1377 ext. 1580 pwaller@garfield-county.com http://www.garfield-county.comicommunity-development/ From: Patrick Waller Sent: Monday, January 27, 2020 4:23 PM To: christie.kline@state.co.us; Kelly Cave <kcave@Rarfield-county.com>; Andy Schwaller <aschwaller@garfield- county.com>; Anna Cochran <acochran(c Barfield-countv.com>; Ted White <twhite(wgarfield-county.com>; Michael Prehm <mprehm@garfield-county.com>; Dan Goin <dgoin@garfield-county.com>; Harry Shiles <hshiles@garfield- county.com>; Dale Stephens <dstephens@Barfield-county.com>; Steve Anthony<santhony{c3garfield-county.com>; megan.sullivan@state.co.us; scott.hoyer@state.co.us; taylor.elm@state.eo.us; jaluise@townofsilt.org; Chris Hale <chris@mountaincross-enR.com>; orrin.moon(crfr.us; rwinder@ho1vcross.com Subject: Garfield County Referral Request - Kancilia Kennel Good Afternoon, Garfield County Community Development is requesting referral comments for an application for Small Kennel (8 dogs or less). 6301 County Road 347, Silt, CO 81652 and is known by Garfield County Assessor Records as 217909300328. The parcel is zoned Rural and the proposed use would be served by an existing well, OWTS and structure. The application is available for review here. Patrick Waller From: Janet <janet@townofsilt.org> Sent: Wednesday, February 5, 2020 8:41 AM To: Patrick Waller Subject: [External] Kancilia Limited/Major Impact Review for Dog Kennel EXHIBIT 15 Hello Patrick: The Silt Planning & Zoning Commission reviewed the Kancilia Limited/Major Impact Review for a Dog Kennel Application at their regular meeting on February 4, 2020. The Commission was concerned about the amount of water such a use would require, to water the animals and to clean bedding and kennels. As the Town now supplies 8,000,000 gallons of bulk water to county residents who do not have adequate pressure or quality in their wells, this has become a serious issue that must be solved at the state level. The Commission did not see a well permit amendment request within the application (although they state that they submitted it), but believes this document is satisfactory to verify there is sufficient water, as you suggest in your staff memorandum. Additionally, the Commission is concerned about the animal waste and its disposal, as putting that waste in the septic system is not a good situation. However, that issue can be easily mitigated by placing the waste in the landfill as they suggest in their application, and the Town hopes that that occurs. The Commission thanks you for the opportunity to comment on this application. A draft set of minutes from this meeting will be available by February 13, 2020 and the approved set of minutes will be available on February 19, 2020. Please let me know if you have additional questions. Janet Aluise Community Development Director Town of Silt 231 N. 7th Street P.O. Box 70 Silt, CO 81652 (970) 876-2353 Ext. io8 (office) (970) 876-2937 (fax) jaluise@townofsilt.org janet@townofsilt.org http:// www. town ofs i l t. o rg 1915 - 2015 100 Years of Community! This electronic mail message, including all attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information or otherwise may be protected from disclosure. Any unauthorized review, use, 3 Patrick Waller From: Steve Anthony Sent: Thursday, February 20, 2020 9:16 AM To: Patrick Waller Subject: RE: Garfield County Referral Request - Kancilia Kennel Morning Pat, Sorry I missed the deadline on this one. I have no comments to add. Regards, Stevve' A vltho-ny . Garfield County, Vegetation Manager santhonv@garfield-countv.com Phone: 970-945-1377 ext. 4305 EXHIBIT 16 From: Patrick Waller <pwaller@garfield-county.com> Sent: Monday, January 27, 2020 4:23 PM To: christie.kline@state.co.us; Kelly Cave <kcave@garfield-county.com>; Andy Schwaller <aschwaller@garfield- county.com>; Anna Cochran <acochran@garfield-county.com>; Ted White <twhite@garfield-county.com>; Michael Prehm <mprehm@garfield-county.com>; Dan Goin <dgoin@garfield-county.com>; Harry Shiles <hshiles@garfield- county.com>; Dale Stephens <dstephens@garfield-county.com>; Steve Anthony <santhony@garfield-county.com>; megan.sullivan@state.co.us; scott.hoyer@state.co.us; taylor.elm@state.co.us; jaluise@townofsilt.org; Chris Hale <chris@mountaincross-eng.com>; orrin.moon@crfr.us; rwinder@holycross.com Subject: Garfield County Referral Request - Kancilia Kennel Good Afternoon, Garfield County Community Development is requesting referral comments for an application for Small Kennel (8 dogs or less). 6301 County Road 347, Silt, CO 81652 and is known by Garfield County Assessor Records as 217909300328. The parcel is zoned Rural and the proposed use would be served by an existing well, OWTS and structure. The application is available for review here. Please respond with any comments by Monday, February 17, 2020. Thanks for your review and please contact me with any questions, Patrick Waller, AICP Senior Planner Garfield County Community Development Department