HomeMy WebLinkAbout4.00 Resolution 2023-05mill Elfarill, AM R
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STATE OF COLORADO )
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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 Administration Building
in Glenwood Springs on Monday, the 6a` day of February A.D. 2023, there were present:
John Martin
, Commissioner Chairman
Mike Samson
, Commissioner
Tom Jankovsky
, Commissioner
Kelly Cave
, Assistant County Attorney
Jacklyn K. Harmon
, Clerk of the Board
Fred Jarman (absent)
, County Manager
Bentley Henderson
. Deputy County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO.
A RESOLUTION OF APPROVAL FOR A MAJOR IMPACT LAND USE CHANGE
PERMIT FOR A KENNEL, LARGE ON A 3.982 ACRE PARCEL OWNED BY ALPINE
ANIMAL HOSPITAL LAND COMPANY LOCATED AT 17776 HWY 82
APPROXIMATELY 5.6 MILES EAST OF THE TOWN OF CARBONDALE, IN
SEECTION 33 TOWNSHIP 7 RANGE 87 WEST OF THE 6TH P.M., GARFIELD
COUNTY.
PARCEL NO# 2391-333-00-005
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a
request for Major Impact Land Use Change Permit to allow for a Kennel, Large, submitted by
Alpine Animal. Hospital Land Company. (File No. MIPA-07-22- 8908)
B. The Large Kennel is to be located on a 3.982-acre property, owned by Alpine Animal
Hospital Land Company. The property is further described in Exhibit A, Legal Description.
C. The subject property is located within unincorporated Garfield County in the Rural Zone
District, approximately 5.6 miles east of the Town of Carbondale, at 17776 Hwy 82 Carbondale,
Colorado.
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D. Large Kennel operations may be permitted in the Rural zone district with a Major Impact
Review Land Use Change Permit.
E. The Board is authorized to approve, deny or approve with conditions a Major Impact
Land Use Change permit application resulting in issuance of a Land Use Change Permit pursuant
to the Garfield County Land Use and Development Code, as amended.
F. The Garfield County Planning Commission opened a public hearing on the 7°i day of
December, 2022 for consideration of whether the proposed Land Use Change Permit should be
granted or denied, during which hearing the public and interested persons were given the
opportunity to express their opinions regarding the request.
G. The Garfield County Planning Commission closed the public hearing on the 71h day of
December, 2022 and approved a motion recommending to the Board of County Commissioners,
approval with conditions of the Kennel, Large.
H. The Board of County Commissioners opened a public hearing on the 6a' day of February,
2023 for consideration of whether the proposed Land Use Change Permit should be granted or
denied, during which hearing the public and interested persons were given the opportunity to
express their opinions regarding the request.
I. The Board of County Commissioners closed the public hearing on the 61h day of
February, 2023 to make a final decision.
J. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
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 above stated and other reasons the proposed Land Use Change Permit
for the operation of 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 ofconditions, the application is in general conformance with
the 2030 Comprehensive Plan, as amended.
5. That with the adoption of the Conditions of Approval and acceptance of Waivers
from Sections 7-107, the application has adequately met the requirements of the Garfield
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County Land Use and Development Code, 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 for a Kennel, Large is hereby approved subject to compliance
with the following conditions:
1. All representations made by the Applicant in the application for the Kennel, Large
shall be conditions of approval, unless specifically altered by the deciding authority.
2. The construction and 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.
3. The Veterinary Hospital uses approved under previous Special Use Permits shall
maintain compliance with all applicable, previous conditions of approval.
4. The Kennel will maintain compliance with all applicable noise regulations as
represented in the applicant's supplemental submittals.
5. The OWTS-components shall be marked, fenced, and/or trenched to be protected
from animal and vehicular traffic or irrigation run-off.
6. An updated site plan shall be provided that shows the location of all applicable
features, including outdoor dog runs and any proposed sound mitigation walls.
7. The facility is limited to 120 dogs or the number of dogs allowed by state licensing
regulations.
Dated this 2� day of Fe an A.D. 20 23
ATTEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
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• U n motion duly made and secoi
'' t'�; ;,'.x'dl w' vote:
COMMISSIONER CHAIR JOHN F. MARTIN , Aye
COMMISSIONER MIKE SAMSON , Aye
COMMISSIONER TOM JANKOVSKY , Aye
STATE OF COLORADO )
)ss
County of Garfield )
by the
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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EXHIBIT A
LEGAL DESCRIPTION
Legal Description: Taken from the deed at reception #258254 and provided by the
Applicant.
A tract of land situated in Lot 7 and Lot 13, Section 33, VS., R87W., of the 60, P.M. in Garfield
County Colorado, described as beginning at a point in the northerly right-of-way fence line of
Colorado State Highway No. 82 whence the Southeast Corner of Section 33, T7S, R87W., of the
6a' P.M. bears S. 61°10'17.35" E., a distance of4,317.22 feet; thence N. 1°15'E. a distance of
571.41 feet to the existing fence line; thence S. 82°43'E. a distance of 290.00 feet along the
above fence line to the Northeast comer of this tract at the interaction with an existing north -
south fence Iine; thence S. 1°15' W. a distance of 627.18 feet to the northerly right-of-way line
of Colorado State Highway No. 82; thence N. 72°05' W. a distance of 244.86 feet along the
existing fence line on the northerly right-of-way line of above Highway No. 82; thence N.
72*11' W a distance of 56.18 feet along the existing fence line on the northerly right-of-way line
of Colorado State Highway No. 82 to the point of beginning, containing 4.00 acres more or less.
COUNTY OF GARFIELD,
STATE OF COLORADO