HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 81h Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Special Use Permit GENERAL INFORMATION > Street Address I General Location of Property: / 7 71 (p f/w y /(;2.,. Cw-bu/\ v!.Je, CO. L,n .. ~d \?ef-j,/)UA QJJ,...a 1" e sip~£ rJ J~Jot,/ > Legal Description: ~ e-& /J-ft.,,c...W fX(,,/).;f 4 > Existing Use & Size of Property in acres: Vt l-u-i'f\q[7 Cl;" l'c ;. 3, 9 .!:. c;.c..re.5 > Description of Special Use Re~uested: Ntw cl1'n,-c... l:w,/J,':J lo '4t fftc '5"e.rvt ~ \11/\f-s. Ahw rtsi Ju. h .... I '.>f-cvc,h..KL Fr ttMr"''l, ho-<1.:1 /"j of /a ter ri s-5t.L i:; ffu.c.lel nc. er;, h ve.-£:., r h +,,.,,/ s }>Zone District: Ale I R_D ' ' > Name of Property Owner: A( PJM_ A,,.; Ma I kf"s p/f..(, C, C. • --'-~ofi-'-'-'-'--''--'-'-""--'-'""-'--'-'.=.-<,01'-'-'-______,'--'--'~~~~~~ >Address: l177G J.!1jbi...r"'7' '1(..2 Telephone: q'r;,_?-2J7f > City: Cc,c be"J"' le_ State: G:T Zip Code: 7>fc?3FAX: ___ _ > Name of Owner's Representative, if any (Attorney, Planner. etc): Gc..rrcf-5, 0condf > Address: IJ) f\1,•,J{MJ Ave...#-</ Telephone: 7)-5-5/ '1{,,, > City: ]a.sv.. { f State: Co Zip Code: ?(G:;;( FAX: q;.5-'{557 STAFF USE ONLY > Doc. No.: Date Submitted: TC Date: ~~~~~ ---------- > Planner: Hearing Date: ~~~~~~~~~-1 Exhibit A A tract of land situated in Lot 7 and Lot 13, Section 33, T7S., R87W., of the 6"' 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 6"' P.M. bears S. 61°10'17.35" E., a distance of 4,317.22 feet; thence N. 1°15' E. a distance of 571.41 feet to the existing fence line; thence S. 82° 4 3' E. a distance of 290.00 feet along the above fence line to the Northeast corner of this tract at the intersection with an existing north-south fence line; 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. I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope I topography of your property, for which a U.S.G.S. 1 :24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (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. (2) Street improvements adequate to accommodate traffic 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; (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; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-county.com/building and planning/index.him, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. c_' fu.J 4/, ~/1v-~ (Signature of Property Owner) Last Revised: 0712007 TO: Garfield County Community Development Department RE: Special Use Permit Project Narrative for Alpine Animal Hospital Our application for a Special Use Permit from Garfield County for a new veterinary clinic building is based on the need to better serve the veterinary needs of the mid valley area. The rapid growth in our area has placed an increased demand on the staff and facilities of Alpine Animal Hospital. In order to provide the level of service that the community deserves, we need to build additional space to accommodate this increased demand. The nature and goals of our practice will not change with this addition. We still strive to offer both large and small animal veterinary service as we have been doing since 1970. The surrounding community benefits from having a progressive facility that can provide this wide variety of service in a comfortable and aesthetically pleasing manner. The hours of operation for our facility will be unchanged. We currently are open from Sam until 6pm Monday through Friday and from Sam until l 2:00pm every other Saturday. The traffic patterns and type of vehicles is not expected to change significantly. Most traffic involves passenger cars carrying pets to and from our facility. There will be horse trailers entering and exiting at about the same number and rate as we see now. Delivery trucks will bring supplies for the animal hospital but again, their number should remain largely unchanged. We estimate we see about 40 passenger vehicles, 5 horse trailers and 4 delivery truck visits per day. The proposed 11,092 sq. ft. structure is to have a central receiving area for both large and small animal clients. We are proposing to have 2 rectangular wings off of this central area, 1 for the large animal portion and one for the small animal portion. The surrounding area will be landscaped to enhance the appearance and also to provide a buffer from the highway to the north. One small building will be removed and a portion the existing clinic building will be removed. In addition to the new veterinary facility, we are proposing to build a residential unit to house interns of our business on a temporary basis. As housing costs soar in the Roaring Fork Valley, it is increasingly difficult to have interns serve for reasonable periods of time. The temporary housing will benefit the community and our business. Since electric and cable is already provided to the current facility, there should not be extensive modifications needed to provide these services. The property has an adjudicated well (see attached deed). An additional septic and leach field will be required due to the increased square footage to be added. Natural gas is currently available and will be used for heat. Because the current crematorium is showing wear and tear, a new crematorium will be needed. It will run on natural gas just as the old one does and will be installed to meet all environmental codes. cu 0 -h<-/'<-- Signature Apr ,jU Ul:l u1:.-;1p Alpine Animal Hospital v11....:>c. · i~v. n- HJ TllE ~1/l'~"l'l£1\ 0'·' '1'111·: .~l;PLICA'.'.'ION FOR 'l'/!\'l'L~H JllGll'l'c> m·· ) ) ) ) ) ) ) ) ,\LPIN4.: i\Nit-'~·\L liU:)i·T!'···L, P.C. HJ Tllj:~ RO.·\laHL; F(•!:I( J'CVEJl ;\U ··;r:J.,\ITE DEClll':F !'01~ ~.),!X;t/['}',;)'.Jl'RD?.:Wj;A !TI'E~ TJN~.'tJJL'A.'J..tlJ;::~;;:;t~N (J:J:iV);;;i:,x ·-·umiE·m;m:JL; l~l.i'';.f;\'IEH Ii.IC llTS IN G.·'.l~FIELD COUN'l'Y And the llcfer•ne havin~ made the investigation~ reouired by f1rtj.cle 92 of Clt:q1~:t)l' 'J'i', C.:'l.S. 1973, does herclJ.V :·nake tcie rollowinp; rull:n,, Lo-wit: ThL; ;1pn.lJc:1!;\on \'/~cs l'Cferrcd to the! 1•atc1.• Hcf'e1·cc ol' '.·Jater Division llo. ') on the _?~_l, __ do.y or .. ___ t1'lr:s:.t_ ________ 1<)·1 _.§_ __ l. Name of Apr:l'i.c:<:lnt f\dc.!1·c~=;t> Alpine Animal llospit,-1, l'.C. 17776. '.-iighway .<J2; C;Tuon .. lale, Coloi:a<lo 2. 1.I1he name or ".:he s~r·ucture is Alpine l'1.nirnn1. liospi:::~l l}cll. 3. The Lep::aJ cle:;c1·iption of the struct•Jre i;:;: The \·fell is locatc:d in Lot 7,. Sccti_,,n 33, T. 7 S., R. 87 H. of tli·,~ lith P,M. at a roi.nt whence the S01.1tl1r,;:ist Corner of sai.C: Secticn J.J hc;'.l:S S. ·5'7°50'26" E. 4, 183 • .12 f:cr,'t. ~. The denth of '.;he '•ICll is 48 :Eeet. 5. The date ot' Vic ii:itiation of the arpronr•ia'.:ion is June 20. 1966. 6. 'fhe ;i,mou:1t or .,.,,cter clair:ied is O.OS:J cubic foot per seconrl of I: imc. 7. T~c 11se of tJ-1e water is do~estic, liv~stoclt WDter, fire 111·0tecti<l1:1 ;1 11d irri<;ntion. 3. 'l'he Seate :·:11,~incc1·' s number is none. 9. 'l'he priorit.v rlate is June 20, 1966. 10.The date of' ti1e apolicaticn was iebr~ary G, I97G. It i:i the ru11.n;.~ of' '.;he f<efer·cc '.;hat the r;'.:.ate:f!Cnts in the anplication arc t~ue and that t~c above described water ri~ht is approved. The above desr.ri.bed underground water rir~ht r1eets tnc criteria f'or an. exempt domestic well pursuant tn C.H.S. 1')'(3, :H-92-G02(l)(e) <:nrl l'f-'l?.-602(4-} , so lonrr. as i~ is used ror the purpo·s·ci"1 ';et rorth herein.-----· It is accor<1~1wl:1 ORDERED that thin ruJ.:Llw silull t.>c·.~ome effective u:Jor: fl.l:Jnr( with the Water Clet'k, fHH>,lqct ·to Jud:'..cial review ~s· provided by law. ;one at tt1e City of Glenwood Spr.inp:;s, Colot•atio, this .£3 I'_ day Of ___ ... __ J_uA/.tr -------' :97?__, ___ . l'~o pretest was fil~d :t:1 tr11 ~~ r:1 ~Ytter. The forogoi;ig ruli;:r, i~; r:o1'::i.\·mi::~cl. . and 3pprovEReceived Ti~e'.l~~r~ 3_0: .. 1.2:50PM -~~ .... e,,z ___________ ·_ - st~tc r<c re i ·re D1vl"lon l~o. '.i cf Co.l<)l'~L<lo !4,868. SF+/- 5.162 AC+/- @ LOT 27 97.307. SF+/- 2.233 AC+/- ST:417:: HIGHWAY No. 82 ,.l,J_ @ (§) @ @ sire o.::o s1.4;-c- "1rc,,,,iK4 >-(@) Lot A @ Lot 8 (§) TAX EXEMPT RE! SCHOOL DISTRICT @ ® Lot C ® .J 5 4 <§) 3 @ ~ @) @ I ~ 7.361 Ac. 016 @) @~ z I ?: ------.._§ ~ @ LL 0:: (§ 0 (.) w _J ~ (I; . TRACT B .74 Ac. i N I I approx. 200 ft. 239133300005 239133300042 239133300029 239133300013 239133300030 239133300031 239133204026 239133204027 239133303023 OWNERS WITHIN 200 FT. OF PARCEL OWNED BY ALPINE ANIMAL HOSPITAL, P.C. IN SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST, GARFIELD COUNTY, CO April 29, 2008 Alpine Animal Hospital, P.C. 17776 Highway 82 Carbondale, CO 81623 Robert L. Arnold Exempt Marital Trust, Sandra Reiser and Gloria Arnold 2542 Emma Rd. Basalt, CO 81621 Lynni Hutton 50 Arlian Rd. Carbondale, CO 81623 Roaring Fork School District RE-1 1405 Grand A venue Glenwood Springs, CO 8160 I Stanley J. Zelnick 17698 Highway 82 Carbondale, CO 81623 Cheryl J. Howard 17696 Highway 82 Carbondale, CO 81623 Kenneth R. and Marta L. Baldwin 312 Sopris Circle Basalt, CO 81621 Brenda Broxton P.O. Box 909 Basalt, CO 81621 Nelson M. Mendoza P.O. Box 9168 Aspen. CO 81612 SUBJECT PROPERTY East Southeast South, SE West West NW (Cerise) Nmth (Cerise) NE (Dakota) 239133303024 239133303025 239133303046 239133303047 239133303048 Elizabeth Piper 140 Dakota Meadows Drive Carbondale, CO 81623 Ida Marie King 150 Dakota Meadows Drive Carbondale, CO 81623 John F. Klein, Theresa Klein Paul D. Klees and Krista D. Klees 126 Dakota Meadows Drive Carbondale, CO 81623 Gregory Mark Tolle and Audrey Langran 132 Dakota Meadows Drive Carbondale, CO 81623 Barbara A. Elias 0451 Stagecoach Lane Carbondale, CO 81623 RESERVED MINERAL INTERESTS IN PARCEL OWNED BY ALPINE ANIMAL HOSPITAL, P.C. IN SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST, GARFIELD COUNTY, CO April 29, 2008 NE (Dakota) NE (Dakota) NE (Dakota) NE (Dakota) NE (Dakota) Vera S. Herin and Rudolph Herin -no address found of record- (reserved in deed recorded November 15, 1950 in Book 255 at Page 148 at Reception No. 174108 THIS DEED, Kade w. 4th da7of November 111 the year of our Lord one thouund nine hundred and Seventy between ALPINE ANIMAL HOSPITAL Couty or ll•r.t'Ael.d Stat.e ol Otlondo, ol the fint part, and A~PiNE ANIMAL HOSPITAL P, C, and mn 18CCli!Kill'f m MAY 11 197 · .,£'/( I ol the Cowit:r of Gai:-Ctel.d and Btat.e of Colorado, of the ilcolld pan; WITNJCS8BTll, That the 1&id parer • of the fint part, for and ill. conalcleration of the IW1l "f Ten Dol.l.are and other good add Valuable Consideration to th• uid party of the tint part In hand paid b:r tbe lllid part y of the te00nd part, the and b:r th• iw-.. do cnnt, barpln, 1ell, ooave;r and oonfirm unto the laid party heln and aal1111 fortter, all the follo'lriDc deooribed lot ... parcel QO.U.tfot Garfield of the of and 8taWolOD!llraolo,to-wft1 A tract o.t' land aituated in Lot 7 and Lot lJ, Section JJ, T?S., R87W., of the 6th P.M. in Garfield County Colorado,, deeoribed aa beginnina at .a point in the northerly richt-of-way fence line of Coloz:ado Stah Highway No, 82 whence th• Southea.lt: 'Corner of Section J,, T7S., R87W., of the 6th P.H. beare s. 61°lO'l7.J5" E., a diatance of 4,Jl7.22 feet1 thence N. 1°15' E. ~ dietance of 571.41 feet to the •xieting fence line1 thence s. 82~4J 1 E. a distance of 290,00 feet along the abo•e fenoe line t~~e Northeaat corner of this tract at the inter99ction with an existinc north-south fence line1 thence S. 1•15• w. a diatancs of 6~7.i8 feei to the northerly ~ight-of-way line of Colorado State Highway No. 821 thence N. 72°05' w. a. diatanc• 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' I/, a dietsnce of 56.18 feet along tha existing fence line on the northerly right-of-way line of Colorado State Highway No, 82 to the point of beginning, cvntaining 4.00 acres, more or l~!"!'~. Together with ,5 of a c1Jbic foot of water per second of time out of the !'atersori and Cummings Ditch, being Ditch t/o, 14JD-2 in the Decrees for Water District No. J8 and the prior•tie• awarded to said ditch. ~·- .. - ----- I , • ~- . .. · !!Ooi.: w. · i>as;" JOr---.-- roaBTaBB wldl ell nd """1Wor 1M •..U-ta 11"4 app..-tbemmt.o beloagiug, or In llDJWli6 appertalnmc, a4 the -~ <Dd im-iou, .-.h>der IWld remaiDden, rats, itoa. ua4 prot1ta .. eof; u4 all the -.te, npt, title, iaUr..t, e1afm ua4 delllalld wlui_.,er, of tlw oaid part y of the flnt part either i:n l&w or ecittftT, of, in au! to the aboTe bupined premi-, with the here41tamellta and appmtenenees TO JL\VB .um TO HOLD the uid prtmiam •lme huplned and dmenlled, witll the appurte- -unto the -.id part y of the -d part, it 8 bein and lllllps foreTer. Aud the aid party of the lint part, for i ta IOlf i ta heirs, euoutorc and 1dmi•W..toro, do and agree to and with the llid I>UW of the -.! part, i ts heirs and *-tUt at tlae well .a.t of die. F M ahon -yqod, u 'of ·eooc1. .-. perfect, llhlo,lule llld illdefeul1>le -te of id I' ' 1 la law,. ia fee . ' .. aimple, and ha ve PDlil. ......-. ..i.,lieu,·ia., ............ and iaeumbrauel of-~ m.a • .-... __.. except reaerYationa in United States Patents, reaarYat!"ona of l!IJ.~'i'~l· in praYie>11.4'. con,,._J1181.11J~; and ...... nta aad.&"i&llta of -T ot a· publi_c or. priYata natur-a1 · Thl4 Cdlllwyuce la llUbject to tt'8 follovtllll condltlona and restrictions: 1. There shall btl rio more than: one buildina: slte per acre, and -ly one detached sint;le-family dwelli~ and private 1:ara1<e pertainint: thereto shalt be erected on any one buildin"' site, said dwellin~ to contain not Less thWI 900 squam feet of ffrst-floor livint; area; - provided, however, tha.t second parties are specifically "'ranted the .L-- rb;ht to erect, operate artd malntdrt a veterlna::y clinic and related facilities, 2. No structure of a temporary n~ture, tent, t;ara~e, barn,or other outbuildin!!; or basement shall be used on any site at any time as a residence, either temporarily or permanently, Trailer houses or mobila homes will be permitted durine; the actual constructio•i period, not to exceed six months, provtded that sanitary facili.ties are provided, and further, that such trailers or mobile hoA>es shall be remov"d within ten days after construction has been completed • 3. lfo building shall be placed on any site by means of ot'1er than new construction, it being t'tm intent and purpose of this covenant to o.ec\!I"e that old houses and other buildings will not be moved from previous locations and placed en these buildin!!; sites. · 4. No aiiimals, livestock or poultry of .:my kind shall be kept, raised o::-inaint"ained for commercial purposes, except in c6nnecti6n with the operation of &aid veterinary clinic above 1nentionecl. S. No slote shall be used or maint!linP.d as a dumpinit i>,l:-Ow .. i.:l for rubbish or ;;torae;& area for junk. T:::-ash, 11;arbao:e or other wast~ shall i>e kept in sanitary containers. All incinerators or other auuinmcent: for the st:o.ra2e or rti. .snoi:;~.1 nf su.::-h rne.teL"ial - the hereditament. and appUl'WWllll. TO RAVE AND TO ROLD the .aid premu alxmo b&rpl~ &Dd d...,ribed, with the appurte---the llid part y of dto .....nd part, i ts bein aad lllf Pl forner. far i ts oelf i t a bein, executon uid adminiatralora, do llld acne t.e and widt the mid paijy its hm. and .-,..., that at tho well .med of. die F w abon acmYt;od, u of eood, all!'C!, perfeet, Aboolute and iadef...,Dle eotate of ~ la. law, ill fee ample, and ha v • good rigiat, full -..... lawful ... thority to crmt, hupin, ..u wl mmfl7 tho ...,. ;.. _.,. &IMl fona afonm.id, and dtat !lie ......, ue free and clear from all former and otlier cna-. brpiv, ..i-, liaa, m-.-en1a and iaeambrwea of whatever kind or...--, except reservetiona in United States. Patents, reservations of mi~ral• tn previoua coa .. ~ .. and ...... nta and ri&bta of way of a' public or private n•ture 1 . " .. --~)t.'. '' Thia. c-yaac• ia aubjeet to t2MI foll.ov1n11 C«lditloaa and ceatrlctiona: 1. · There shall be no more than one buildin11 slte per acre, aad oaly one detached slm;le-family dvalling and private o;ar ... :e pertainine; thereto shall be erected. on any one buildin!I site, said dwe.llin11;. to contain not less tl'u.n 900 squauafeet of first-floor livino; area; - provided, however, that :second parties are specifically 11;rsnted the ,l...- ri11ht to erect, operate· and maintain a veterinary clinic anCl related facilities. 2. No structure of a tea>porary n'ture, tent, t;arao;e, barn,or other outbuildin!I or basement shal.l be used on any site at any tiD>e •• e residence, either temporarily or permanently, Trailer houses or mobile homes will be permitted durin11; the actual constructio.1 period, not to exceed six months, provided that sanitary facil~ties are provided, and further, that such trailers.or "10bile homes shall be remov~d within ten days after construction has been C<llllpleted. · 3. No building shall be placed on any site.by means of ot~er than new construction, it bein11; the intent and purpose of this covenant to secure that old houses and other buildin-.;s will not 1>Q moved from previous locations and placed on these building sites. · 4. No animals, livestock or poultry of .:iny kind shall be kept, raised or maintained for commercial purposes, except in connection with the operation of said veterinary clinic above men ti one"'· 5, No s~te shall be used or maintdned ss a d'Ulllpin= ~~ow.1d for rubhiSh or ~tor&i;e. area fo:r junk. Trash, 1;arbae;e or other wasr.3 shall oe kept in sanitary containers. All incinerators or other equipment for the storae;e or tl!;:po;11l cf su~h :r.aterial sha.ll 00 kapt i.n a clean arid •'4nit.:.ry co.ridii::ion. -~-·-·- ·:'1 . Book 1+44 Page 303 and IU above bargained pmnilee in the quiet and peaceable po-ion of the uld part y of the oeeond part, aalgna, Ai'aill•t all and C\'<lrf person or pU'llOllll lawfull7 claiming or to claim the whole or an7 part .hereof, theoaid part y of the first part diaJl and will W ARBANT AND FOREVER DEFEND . IN WITNESS WHEREOF, The oald party of the fint part ha s hereunto aet hand and ...i the da;r and reu fim abon written. Slirud,S-W ud De!IT .... la p_.of ..... f21~ ... ~1 ... · .... 15 ~'../,/__.(BEAL] ............. J; ......... e... .: .. U~l!..~ .... _.[SEALJ ................................................................................ _[SEAL] .................. , ............................................................ -[BliL] ···············-···:::Eo~: .. ~~~---················r· Tie WllitruJco,ent wu aoknowledpd before me thi1 ' ,..( <f _ day of /Yov ~.~"ii ' 't\t' A .... ' ...... L e G "De we I~ ])v1r1 }-·· ·······-···~ .. ll~ ..... . . u ....., P.Wit: " '' ' l -·- OWNERS' ,\UTHORIZATION The undersigned is the applicant for the Special Use Permit for the property in Garfield County, Colorado located at 17776 Highway 82, Carbondale, CO, and hereby authorizes Garret Brandt, and the attorneys at Brandt Feigenbaum, PC, to file an application for a Special Use Permit on our behalf with respect to the property, and to represent us before the BOCC. Alpine Animal Hospital By: c v l./ /{.___,._ /'-- Chad Roeber BRANDT + FEIGENBAUM, P.C. CHARLES T. BRANDT (1939-2001) GARRET 5. BRANDT MICHAEL FEIGENBAUM LUCAS PECK PETER P. DELANY, PARALEGAL AMY TARRANT, LEGAL ASSISTANT ATTORNEYS AT LAW MIDLAND MALL 132 MIDLAND AVENUE, Sum 4 BASALT, COLORADO 81621 TELEPHONE: 970.925.5196 FAX: 970.925.4559 WVlfW.brandt-law.com May 1, 2008 Garfield County Community Development 108 gth Street, Suite 401 Glenwood Springs, CO 81601 RE: Special Use Permit for Alpine Animal Hospital To Whom It May Concern, GARRETS. BRANDT qsbrandt@brandt-law.com Via Hand Delivery On behalf of the Applicant, Alpine Animal Hospital, this letter responds to the Garfield County Zoning Regulations, Section 5.03. The Applicant owns and operates a veterinary clinic, which has existed in the same location since the 1960's (and owned by the Applicant since the I 970's), in eastern Garfield County. The clinic is operating under a Special Use Permit granted by Garfield County in 1999. Now the Applicant needs to build a modem, larger facility to continue to serve the needs of the Roaring Fork Valley. PROPOSAL: The Applicant is applying for a new Special Use Permit for their parcel of land in the Roaring Fork Valley, in eastern Garfield County, to build a new, modem veterinary clinic to better serve the needs of its clients. The new building will be 11,092 sq. ft, and consist of a waiting/reception room, a small animal wing and a large animal wing. Also, the building will have an upper level dwelling unit to house interns on a temporary basis. As there is no existing residential unit on the property, a housing unit is a use by right. To stay within the requirement that not more than 15% of the lot be covered, the Applicant will be removing one auxiliary building, and reducing the size of the other existing building. Further, the Applicant will be removing portions of the existing asphalt driveway, and replacing those portions with a permeable gravel surface. See the attached narrative from the Applicant. EXISTING CONDITIONS: The parcel is 3.967 acres in size, and is currently operated as a veterinary clinic, for both small and large animals. There is one main building, and a few of agriculture buildings, including a shed and horse stalls and a shelter. The main clinic building was originally built in 1966, and remodeled in 1999, under a Special Use Permit. A good portion of the lot is used as horse pasture for the horses that are recovering. ZONING: AIR/RD Veterinary clinics are allowed in A/R/RD only with a special use pem1it. A special use permit, granted in 1999, exists for the current facilities. SECTION 5.03: Conditional and Special Uses Criteria: Response: Criteria: Response: Criteria: Response: Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissions shall either be in place of shall be constructed in conjunction with the proposed use. A well with adequate water is currently in place (copy of court ruling is attached). A new septic system to handle all sanitation will constructed in connection with the new facility. The septic system is shown on the site plan and will meet all County standards. Street improvements adequate to accommodate traffic 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. The current driveway location, which has served the Applicant for 30+ years, will remain unchanged. There is no indication that the current situation is anything but safe and convenient access. Design of the proposed use is organized lo minimize impact on and ji·om adjacent uses of land through installation of screen .fences or landscape materials on the periphe1y 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. The proposed new building is situated in a manner to mm1m1ze impacts on adjacent uses by being in the center of the lot. On the eastern and northern edge of the property are existing dirt bem1s that screen the current and proposed uses. Additional landscaping will be added to further screen the building from Highway 82. There are many mature trees on the property that screen the facilities from the access road and the neighboring parcels. Other uses and intensity will remain similar to the existing conditions. As such, the proposed use will remain consistent with the character of the neighborhood. :?. SECTION 5.03.065: Veterinary Clinic Criteria: Response: All kennel and stable.facilities attached to a clinic shall comply with all standards of a kennel and riding stable. The specific criteria for kennel and stable facilities are responded to below. SECTION 5.03.035: Riding Stable Criteria: Response: Criteria: Response: Criteria: Response: Criteria: Response: All horse riding shall be on the same property; a public right-ofway: other private property by permission; or pub/ically owned property subject to land management agency authorization of/rail use, if required. Any horse riding will comply with this standard. No noise, dust, odors or sources of filth shall emanate from the property. It is the Applicant's practice to keep the property clean and free of filth, as part of its standard of clinical care. This practice will continue in the future. Also, to the extent practical, the Applicant agrees to mitigate and contain noise, dust and odors within the property. Any night lighting shall be hooded and directed inward to the property. The Applicant will conform all new night lighting to this standard. An indoor arena shall comply with all county building code requirements. The Applicant will not have an indoor riding arena. SECTION 5.03.15: Kennel Criteria: Response: All kennels shall be completely enclosed within a building that prevents any sound fi·om emanating fi'om the property boundary in excess of the Residential Zone District standards contained in CRS Sec. 25-12-103, with the exception of CRS Sec. 25-12-103(2) & (3) that no noise in excess of 55 db(A)fi'Oln sunrise to sunset and 50 db( A) fi·om 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 fi'om the kennel does not exceed the noise standards cited previously and complies with other Gm:field County regulations as provided in Section 1.07 of the Gw:field County Zoning Regulations of 1978, as amended. The Applicant agrees to comply with this standard. The Applicant is not operating a kennel in the usual sense, i.e. boarding/breeding of animals. The kennel is strictly for holding animals brought in for veterinary services. 3 Criteria: Response: Criteria: Response: Criteria: Response: Criteria: Response: Criteria: Response: Criteria: An individual sewage disposal .1ystem capable of handling all feces and urine waste fi·om the kennel or the feces and urine waste shall be stored in a sealed . . containe1: capable ()f being pumped to allow a commercial hauler to di.1pose of the feces and urine waste at an approved solid dfaposal site. The new ISDS will be integrated with the kennel and all the clinic facilities. All liquid and solid wastes, as de.fined in the Solid Wastes Disposal Sites and Facilities Act, CRS Sec. 30-20-100.5, shall be stored and removed for final disposal in a manner that protects against surface and ground water contamination. The Applicant currently practices in compliance will all such standards, and will continue to be in full compliance. The new facility is designed with an eye towards making the collection and disposal of liquid and solid wastes a more efficient process. 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 Sec. 30-20-100.5. The Applicant will not permanently dispose of any waste on the property, except as specifically permitted by state statute. 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. The Applicant does not hold special events, and no such special events are currently planned. 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 fi'equently, fi"Om the facility and hauled by commercial hauler to an approved solid waste disposal site. The Applicant agrees to comply with this standard. Kennels listed as use-by-right shall be allowed a maximum of 40 adult dogs with no more than two litters occurring in any one calendar year and Kennels requiring a Special Use Permit shall be allowed a maximum ()f 15 adult dogs with no more than two litters per any one calendar yem: 4 Response: Cri/eria: Response: As the Applicant runs a veterinary clinic, and not an animal boarding/breeding facility, this standard does not apply in the strict sense. The Applicant agrees to not have more than 15 adult dogs at the kennel at any one time. All approved Kennels shall he required lo provide !he Board of Counly Commissions wilh a copy (){ rhe license issued hy rhe State Deparlment of Agriculture as a requirement/or Kennels and Breeders in the County. If Applicant, as a veterinary clinic, is required to hold such a license, the Applicant agrees to supply a copy to the BOCC. If additional information is required for any of the criteria, please contact me. Encl. cc: Alpine Animal Hospital 5 Sincerely, r:;~J;-- Garret S. Brandt for BRANDT+ FEIGENBAUM, P.C. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and ~lh_.__I j}H--_,/~of"'--_,/d_,__,Vl~;'--'' ~--· ___,_/j~P-~5*(_<,_h-"-/-+-' _,_f1i--'-,C,""""-, (hereinafter APPLICANT) agree as follows: r V I f" _I. APPLICANT has submitted ~o COU~TY ~n application for "'5'@(C,/c;..,J ()Se< {1e.cM1 /-- ,flL ,/\ e,.vJ \le..\=~r1AfK7 (\I /\ \ C ©u I J uA1\:}hereinafter, THE ~ROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date:_:;----'/~)__-/_o ___ r ___ _ Mailing Address: /J71G'!ifL"i/2 Ca.r bv/\ ct" {e co 2-3' ) 10/2004 Page 4 BRANDT + FEIGENBAUM, P.C. CHARLES T. BRANDT (1939-2001) GARRET 5. BRANDT Mia-JAEL FEIGENBAUM LUCAS PECK PETER P. DElANY, PARALEGAL AMY TARRANT, LEGAL ASSISTANT AITORNEYS AT LAW MIDlAND MALL 132 MIDlAND AVENUE, Sum 4 BASALT, COLORADO 81621 TELEPHONE: 970.925.5196 FAX: 970.925.4559 www.brandt-law.com June 23, 2008 Garfield County Building and Planning Attn: Dustin Dunbar 109 8" Street Glenwood Springs, Colorado 81601 GARRET 5. BRANDT 05braodt@brandt-law.com Via E-Mail ·RE: Alpine Animal Hospital Special Use Permit; Dwelling Unit; Follow up Questions Dear Dusty, Per our discussion on Friday, ihe Applicant is withdrawing its request for a dwelling unit, accessory or primary, on the property. It is still proceeding with the Special Use Peffilit for the new clinic building. Once the new clinic building is complete, the Applicant will evaluate its programs and the ·feasibility of converting the existing structure to residence, and will make any necessary application at that time. Thank you for your advice on the requirement for sprinklers in any building that has a commercial/residential mix. Also, here are the answers to the follow up questions we discussed: I. The replacement crematorium will be located in the new building and will be used for small animals only, as the current one is used. 2. The old leach field and septic system will remain in place and serve the existing building (which is to be reduced in size and use). 3. The new septic system is designed and located to be in compliance with all setback requirements. I have completed a detailed search of the neighboring properties and do not find any water wells within 600 feet of this new leach field .. The neighbor to the west has a well on the far side of their property, which will not be impacted by this new leach field. 4. The water well currently serving the property has sufficient capacity to serve the new building. The new clinic building will have roughly the same intensity of use as the current facility, so the increase in water usage will not be significant, and the current well and decreed amount will suffice. I have asked the architect to deliver the building plans as soon as possible. I will follow up with him today and make sure you receive them shortly. Please do not hesitate to call me if you have any other questions. cc: Jeff Sabo 2 Sincerely, Garret S. Brandt for BRANDT+ FEIGENBAUM, P.C. ' N -- ~ ~ ~ m~ B ~B I m 8 re ALPINE ANIMAL 'l • ~ !;!' C' Ul ;s:.; l " ~~ ;s ffi~ l • w 'ii HOSPITAL ' ! ~ ~' 0" r~ 2 l ~ I/ • "' '< .... /?-17776 HIGHWAY 82 • ~ " • CARBONDALE, CO ~ • clNITY MAP ma2 architects 204 park a~eoue unit 2a basalt, co 81623 (o) 970 379-6067 (f) 970 927·7656 ISSUE: SCHE>'~TIC :~·l!-09 PROJECT: ALPINE ANIMAL HOSPITAL DESCRIPTION: SITE PLAN SHEET: Al.O