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HomeMy WebLinkAbout20102142.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS • Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1748 APPLICANT: Russell& Patricia Compton PLANNER: Michelle Martin REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Kennel (to accommodate 25 dogs and 3 cats) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Lot A RE-4021 being part of NW4 of Section 9,T3N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: South of CR 36 and approximately 1/2 mile east of CR 29. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-150D.A Goal 4 states:"Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. Such development shall attempt to be compatible with the • region." Development Standards and Conditions of Approval will ensure that the proposed use will be compatible with the area. The surrounding property is primarily agricultural in nature. Section 23-2-240.A.10 of the Weld County Codes states "...that buffering or screening of the proposed use from adjacent properties may be required in order to make the determination that the proposed use is compatible with the surrounding uses." The applicant has landscaped the majority of the property with trees and bushes therefore providing adequate screening from the surrounding property owners and public rights of way. B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural (A) Zone District. Section 23-3-40.H of the Weld County Code allows for A Site Specific Development Plan and Special Review Permit for A Site Specific Development Plan and a Special Review Permit for a Kennel (to accommodate 25 dogs and 3 cats), in the A (Agricultural) Zone District. Currently the property is in violation (ZCV10-00023)for the additional household pets without an approved and recorded Use by Special Review permit(USR). If the USR is approved,the violation will be closed. If denied, the case shall be referred to the County Attorney's office but delay legal action for 30 days in order to give the applicant time to ensure that the animals units have been reduced to the number allowed by right in the Agricultural zone district. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding property to the north, south, east and west are zoned Agricultural (A)with single family homes in the area. The property is located within the three mile referral area for the Towns of Gilcrest and Platteville. Both towns indicated in their referrals no conflicts with the proposed development. No comments have been received from the surrounding property • owners and the applicants have indicated they will continue to house their dogs at night. Therefore, given the minimal impact of the proposed use 25 dogs and 3 cats,the use will be compatible with the surrounding land uses. EXHIBIT 2010-2142 f�J Resolution USR-1748 Russell & Patricia Compton Page 2 • D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The property is not located within an Intergovernmental Agreement Area but does lies within the three mile referral area for the Towns of Gilcrest and Platteville. The Town of Platteville indicated in their referral dated 6/16/2010 they have no conflicts with the proposed development. The Town of Gilcrest indicted in an email dated 7/2/2010 they have no conflicts with the proposed development.The surrounding area is Agricultural in nature with a few single family residences in the area. Staff believes that the Conditions of Approval and Development Standards will ensure that the use will be compatible with existing surrounding land uses. E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code. The existing site is within the County Road Impact Fee Area, and the Capital Expansion Impact Fee area. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee. (Ordinance 2005-8,Section 5-8-40) F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime • agricultural land in the locational decision for the proposed use. The subject site is classified as"Irrigated Land (Not Prime)" as delineated on the Important Farmlands of Weld County map, dated 1979. This size of the parcel (5 acres) and is currently developed therefore it is not conducive to agricultural uses. G. Section 23-2-220.A.7—There is adequate provisions for the protection of health, safety,and welfare of the inhabitants of the neighborhood and County. The Design Standards(Section 23-2-240,Weld County Code), Operation Standards(Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled USR-1748. (Department of Planning Services) B. The attached Development Standards. (Department of Planning Services) C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) • Resolution USR-1748 Russell& Patricia Compton Page 3 • D. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) E. The applicant shall delineate on the plat a low point in the neighboring pasture where water collects. (Department of Public Works) F. The existing access,circulation, and gravel driveway shall be graded and drained to provide an all-weather access to the facility. (Department of Public Works) G. The applicant shall record the access agreement with the neighbor and place the recording information on the plat. (Department of Planning Services) H. The Department of Planning Services has determined from the application materials that one (1)ADA parking space will be required on site. Each parking space should be equipped with wheel guards where needed to prevent vehicles from extending beyond the boundaries of the space and from coming into contact with other vehicles, walls, fences, sidewalks, or plantings. (Department of Planning Services) 2. The applicant shall address the requirements (concerns) of Weld County Department of Building Inspection, as stated in the referral response dated 6/15/2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Building Inspection) 3. The applicant shall enter into a Private Improvements Agreement according to policy regarding • collateral for improvements and post adequate collateral for all transportation (access drive, parking areas, et cetera) and non-transportation (fencing, screening, drainage et cetera). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. The applicant may submit evidence that all the work has been completed and reviewed by the Department of Planning Services and the Department of Public Work. (Department of Planning Services) 4. Upon completion of 1-3 above the applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 5. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) 6. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and .dgn (Microstation);acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maosco.weld.co.us. (Department of Planning Services) • 7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Resolution USR-1748 Russell & Patricia Compton Page 4 • Motion seconded by Alexander Zauder. VOTE: For Passage Against Passage Absent Robert Grand Bill Hall Tom Holton Alexander Zauder Erich Ehrlich Roy Spitzer Mark Lawley Nick Berryman Jason Maxey The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the • above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on September 7, 2010. Dated the 7th of September, 2010. Kristine Ranslem Secretary • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS • Russell and Patricia Compton USR-1748 1. A Site Specific Development Plan and a Special Review Permit for a Kennel (to accommodate 25 dogs and 3 cats), in the A (Agricultural) Zone District and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The number of employees shall be limited to the people residing on the property. (Department of Planning Services) 4. The dogs shall be housed during the nighttime hours. (Department of Planning Services) 5. Animal and feed 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 from the facility and disposed of every other week by a commercial hauler. (Department of Public Health and Environment) 6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites • and Facilities Act, 30-20-100.5, C.R.S.,as amended. (Department of Public Health and Environment) 8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 9. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) 10. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal Industry. (Department of Public Health and Environment) 11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved"dust abatement plan", at all times. (Department of Public Health and Environment) 12. This facility shall adhere to the maximum permissible noise levels allowed in the Non-specified Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 13. Adequate drinking, handwashing and toilet facilities shall be provided for employees and clients of the facility, at all times. (Department of Public Health and Environment) 14. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) • 15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing public water supply. (Central Weld County Water District). (Department of Public Health and Environment) Resolution USR-1748 Russell& Patricia Compton Page 6 • 16. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 17. In the event the applicant intends to utilize the septic system at the existing home for clients and kennel sanitation needs, the septic system shall be reviewed by a Colorado Registered Professional Engineer if the usage exceeds 6 people and/or wastewater from the kennel flows into the septic system. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Alternately the applicant shall install an individual sewage disposal system for clients and kennel sanitation needs and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) 18. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11)(Department of Planning Services) 19. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. • 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with or constructed as traffic control devices. (Department of Planning Services) 23. The Screening on site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 24. Twenty five (25) is the maximum number of dogs and three (3) is the maximum number of cats, allowed on the site at any one time. Dogs and cats over the age of six (6) months are counted towards the maximum numbers described above in accordance with Section 23-1-90 of the Weld County Code. (Department of Planning Services) 25. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 26. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. • Resolution USR-1748 Russell & Patricia Compton Page 7 • 27. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 28. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 29. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 30. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural • practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved"out of the way"of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days • after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Resolution USR-1748 Russell & Patricia Compton Page 8 • People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock,and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. • q - 7- aOfc� opaque fence within sixty (60) days to screen the outside storage of vehicles from adjacent properties and public rights-of-way." • Robert Grand moved to add Development Standard 25 as stated by staff and renumber accordingly,seconded by Alexander Zauder. Motion carried. Jason Maxey moved to delete Condition of Approval 1.A, seconded by Robert Grand. Motion carried. The Chair asked the applicant if they read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Robert Grand moved that Case AmUSR-1218 be forwarded to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, seconded by Nick Berryman. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman, yes; Erich Ehrlich, yes; Robed Grand, yes; Bill Hall,absent;Alexander Zauder,yes; Jason Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously. CASE NUMBER: USR-1748 APPLICANT: Russell & Patricia Compton PLANNER: Michelle Martin REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Kennel (to accommodate 25 dogs and 3 cats) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Lot A RE-4021 being part of NW4 of Section 9, T3N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: South of CR 36 and approximately 1/2 mile east of CR 29. Michelle Martin, Planning Services, commented that the applicant has applied for a Site Specific Development • Plan and a Special Review Permit for a kennel (to accommodate 25 dogs and 3 cats), in the A(Agricultural) Zone District. The surrounding property to the north, south, east and west are zoned agricultural with single family homes in the area. The property is located within the three mile referral area for the Towns of Gilcrest and Platteville. Both towns indicated in their referrals no conflicts with the proposed development. No comments have been received from the surrounding property owners and the applicants have indicated they will continue to house their dogs at night. Therefore, given the minimal impact of the proposed use 25 dogs and 3 cats, the use will be compatible with the surrounding land uses. Currently, the property is in violation (ZCV10-00023) for the additional household pets without an approved and recorded Use by Special Review permit (USR). Lauren Light, Environmental Health, stated that water is supplied by Central Weld County Water District and added that they are fine with the use of the tap for the kennel business. The existing septic at the house is sized for six(6) people so if they use that for clients or the kennel and it exceeds six (6) people then it would need to be reviewed by an engineer. Ms. Light stated that she included it in the development standards rather than a condition of approval because right now there are not a lot of people coming in and out of their facility; therefore this will just put them on notice. The applicant did submit a PACFA license from the Department of Agriculture. In addition,the applicant has also submitted Dust Abatement and Waste Handling Plans. Noise is restricted to the non-specified level. Ms. Light stated that there are no concerns with this request. Heidi Hansen, Public Works, stated that the applicant is using the existing access from County Road 36, which is a local, gravel road. The applicant has also identified an existing low, grassy point that they will utilize for their water quality feature. • Patricia Compton stated that they will have 25 or less adult dogs on the property and added that the raise 41 ; Golden Retriever dogs. She added that they are working with everyone to keep it in compliance. • The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if they read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Robert Grand moved that Case USR-1748 be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, seconded by Alexander Zauder. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman,yes; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, absent;Alexander Zauder,yes; Jason Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously The Chair called a recess at 2:18 pm and reconvened the meeting at 2:23 pm. Erich Ehrlich left the meeting at 2:19 pm. The Chair read the next case into record. CASE NUMBER: USR-1754 APPLICANT: Kevin & Heather Willard do Kyle Ostrand PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Recreational Facility with uses similar to those seen at guest farms and fairgrounds in the A (Agricultural)Zone District. LEGAL DESCRIPTION: Lot B RE-2164; Section 36, T2N, R65W of the 6th P.M., Weld County, Colorado. • LOCATION: North of and adjacent to 1-76; East of and adjacent to CR 47 (N. Oak Street) and South of and adjacent to CR 16 Section Line. Kim Ogle, Planning Services, commented that this proposal will be located on approximately 248 acres in the agricultural zone district. The applicants are proposing an agri-tourism facility that addresses the importance of cultural and heritage tourism and recreation through local, regional and agricultural economies including events on site such as a corn maze, county fairs, and farm implement museums, etc. The proposal seeks to operate July 1 through October 31 of any given year. During the period of July 1 through mid-September of any given year the facility is scheduled to operate during weekends only and from mid-September through October 31 the facility will operate Thursday through Sunday with additional hours by appointment only on Tuesdays and Thursdays. The site is located within the three mile referral area for the Towns of Hudson and Keenesburg. The proposed site is located within the Intergovernmental Agreement area for the Town of Hudson. The Town of Hudson in their referral dated August 19,2010 reviewed the proposal and were in support of the request with concerns of traffic management at the intersection of State Highway 52, the west bound off-ramp and the I-76 Frontage Road. The Town cites poor sight distance and conflicting turning movements at this intersection. Further stating all the development that contributes traffic to an already bad intersection should be responsible for participating in the solution. The Town also provided a comment from the Hudson Correctional facility which is north of the proposed facility, specific to the utilization of air space and over flight of the proposed helicopter ride near the facility. The Town of Keenesburg in their referral dated August 10,2010 indicated no conflict with their interests. The surrounding land uses include a variety of agricultural activity. Directly west of the property is an egg farm that houses 1.6 million laying chickens (Sparboe Farms under 3rd USR-655). Adjacent properties in all directions are farmed for alfalfa hay, grain crops and several produce crops. Northwest of the proposed corn • maze is a long-term correction facility within the corporate limits of the Town of Hudson. South of the interstate is an industrial/manufacturing facility. Southeast is a natural gas power plant (Rocky Mountain Energy Center permitted under USR-1339). There are three(3)single family residences in the near vicinity. 5 Hello