HomeMy WebLinkAbout20053144.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Bryon Legg Case Number AMUSR-631
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form
Letter to Applicant X
Affidavit of sign posting X
Legal Notifications X
• 2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
Referrals without comment X
Fort Lupton Fire Protection District, referral received May 16, 2005 X
Platte Valley Soil Conservation District, referral received May 18,2005 X
Weld County Zoning Compliance, referral received May 12, 2005 X
4 Referrals with comments X
Colorado Department of Agriculture—Animal Industry Division, referral received X
May 20,2005
Weld County Public Works, referral received May 26, 2005 X
Weld County Public Health and Environment, referral received June 8, 2005 X
N 5 PC Exhibits X
• 5.a Letter from James Fitzgerald,dated May 25, 2005 X
6 PlanningPlanniag_CammisakaResclution. X
I hereby certify that the eighteen items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board of Count Commissioners hearing.
f
Jacqueline batch L Planner
EXHIBIT •
2005-3144 ,1
Wi`PC.fstri;
COLORADO LAND USE APPLICATION
SUMMARY SHEET
Planner: Jacqueline Hatch
Case Number: AMUSR-631 Hearing Date: July 19, 2005
Applicant: Bryon Legg
Address: 15027 County Road 18, Ft. Lupton, CO 80621
Request: A Site Specific Development Plan and a Special Review Permit for a Kennel (250
greyhounds) in the A(Agricultural)Zone District.
Legal Description: Lot B of AMRE-616; being part of the W2 SW4 of Section 22, Township 2 North,
Range 66 West of the 6th P.M.,Weld County, Colorado
Location: North of and adjacent to County Road 18 and East of and adjacent to County
Road 31.
Size of Parcel: 23 +1- acres Parcel Number: 1309 22 000046
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services'staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral received May 12, 2005
• Weld County Department of Public Health and Environment, referral received June 8, 2005
• Weld County Department of Public Works, referral received May 27, 2005
• Ft Lupton Fire Protection District, referral received May 16, 2005
• Platte Valley Soil Conservation District, referral received May 18, 2005
• State of Colorado, Department of Agriculture — Animal Industry Division (PACFA), referral
received May 20, 2005
The Department of Planning Services'staff has not received responses from the following agencies:
• City of Fort Lupton
USDA-APHIS Vet Services
14 )
AMUSR-631 Legg Page 1 of 9 EXHIBIT
1
oste,„,
SPECIAL REVIEW PERMIT
h iDe ADMINISTRATIVE REVIEW
COLORADO
Planner: Jacqueline Hatch
Case Number: AMUSR-631 Hearing Date: July 19, 2005
Applicant: Bryon Legg
Address: 15027 County Road 18, Ft. Lupton, CO 80621
Request: A Site Specific Development Plan and a Special Review Permit for a Kennel (250
greyhounds) in the A(Agricultural)Zone District.
Legal Description: Lot B of AMRE-616; being part of the W2 SW4 of Section 22, Township 2 North,
Range 66 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 18 and East of and adjacent to County
Road 31.
r
Size of Parcel: 23 +1-acres Parcel Number: 1309 22 000046
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 Department of Planning Services' staff 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 22-2-60.D. 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. This goal is intended to address conversion of agricultural
land to nonurban uses. Once converted, this land is less conducive to agricultural
production." The area consists of approximately 23 acres and already has an existing
kennel on site (USR-631) comprised of existing buildings and improvements making it
impractical to farm the site.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.H of the Weld County Code provides for
Kennels as a Use by Special Review in the A(Agricultural)Zone District.
AMUSR-631 Legg Page 2 of 9
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The surrounding area consists of kennels to the east and
west of the site, residential uses (Aristocrat Ranchettes) is located to the south of the site,
and agricultural uses to the north. One letter has been received from a surrounding
property owner objecting to the addition of kennels closer to their home. Conditions of
Approval and Development Standards will ensure that the use will be compatible with the
surrounding area.
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 site is not located within an Intergovernmental Agreement
Area. The site is located within three miles of the City of Ft. Lupton. No referral has
been received from the City of Ft. Lupton.
E. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
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)
F. Section 23-2-220.A.6 -- The site consists of approximately twenty three (23) acres and
already has existing kennel facilities on site and is not compatible for farming. The
U.S.D.A. Soils Maps of Prime Farmlands of Weld County indicate that the soils on this
property as irrigated not prime soils.
G. Section 23-2-220.A.7 -- 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 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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall submit a detailed signage plan to the Weld County Department of
Planning Services. (Department of Planning Services)
B. The applicant shall submit a Landscaping and Screening Plan to the Department of
Planning Services for review and approval. (Department of Planning Services)
C. The applicant shall submit evidence to the Department of Planning Services, from the
Colorado Division of Water Resources, demonstrating that the well is appropriately
permitted for the commercial use. (Department of Public Health and Environment)
2. Prior to recording the plat:
A. The applicant shall provide written evidence to the Department of Planning Services and
the Department of Public Health and Environment that the applicant has contacted the
State of Colorado, Division of Racing. This contact shall determine if a license is
AMUSR-631 Legg Page 3 of 9
required. If required, the applicant shall provide evidence the license has been applied
for or submit evidence that a license is not required. (Department of Planning Services)
B. The applicant shall submit a dust abatement plan for review and approval to the
Environmental Health Services, Weld County Department of Public Health &
Environment. Evidence of approval shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
C. The Environmental Health Services Division was unable to locate a septic permit for the
septic system serving the Dog Kennel. The septic system shall be reviewed by a
Colorado Registered Professional Engineer. 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. Evidence of approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
D. The septic system serving the residence shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the system and a
technical review describing the systems ability to handle the proposed hydraulic load
(original use and addition of three helpers). The review shall be submitted to the
Environmental Health services Division of the Weld County Department of Public Health
and Environment. In the even the system is found to be inadequately sized or
constructed the system shall be brought into compliance with current regulations.
Evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
E. A stormwater discharge permit may be required for a development / redevelopment /
construction site where contiguous or non-contiguous land disturbance is greater than or
equal to one acre in area. The applicant shall inquire with the Water Quality Control
Division (WQCD) of the Colorado Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a stormwater
discharge permit. Alternately, the applicant can provide evidence from WQCD that they
are not subject to these requirements. Evidence of approval from the Department of
Public Health and Environment shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
F. The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment.
Evidence of approval from the Department of Public Health and Environment shall be
provided to the Department of Planning Services. The plan shall include at a minimum,
the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). (Department of Public Health and
Environment)
G. The application materials do not address property maintenance. The applicant shall
submit written evidence to the Department of Planning Services how the property will be
AMUSR-631 Legg Page 4 of 9
in compliance with Section 23-2-250.F of the Weld Count Code. (Department of Planning
Services)
H. The plat shall be amended to delineate the following:
1. All sheets of the plats shall be labeled AMUSR-631 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. An exception to this requirement is the scale of the proposal. The
drawing shall be drawn to a scale of one inch equals twenty feet (1" = 20').
(Department of Planning Services)
4. All exterior light standards shall be delineated on the Site Plan Review Plat and
be in compliance with Section 23-2-250.B.6 of the Weld County Code.
(Department of Planning Services)
5. The application materials do not identify the location of the dumpster on the plat.
The plat shall delineate the screened enclosure as outlined in Section 23-3-
250.A.6 of the Weld County Code. (Department of Planning Services)
6. County Roads 18 and 31 are designated on the Weld County Classification Plan
as a collector status road, which requires an 80-foot right-of-way at full build out.
There is presently 60-foot right-of-way. A total of 40 feet from the centerline of
County Roads 18 and 31 shall be delineated as future right-of-way on the plat.
This road is maintained by Weld County. (Department of Public Works)
7. The site currently has two access points. The southern access shall either be
closed permanently or shall be reconfigured at a 90 degree and at a minimum of
150 feet from the intersection of any County or State road for commercial-type
uses. (Department of Public Works)
8. All approved accesses shall be clearly shown on the plat. (Department of Public
Works)
9. The off-street parking including the access drive shall be surfaced with gravel or
the equivalent and shall be graded to prevent drainage problems. (Department
of Public Works)
10. The approved Landscaping and Screening Plan shall be delineated on the plat.
(Department of Planning Services)
I. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
J. The applicant shall complete all proposed improvement including those regarding
landscaping, screening, access improvements and parking lot requirements or enter into an
Improvements Agreement according to policy regarding collateral for improvements and
post adequate collateral for all required materials. 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. (Department of Planning Services)
AMUSR-631 Legg Page 5 of 9
3. Upon completion of 1. and 2. above 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 thirty (30) 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)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, 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.
5. 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 maps(a�co.weld.co.us. (Department of Planning Services)
6. 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)
AMUSR-631 Legg Page 6 of 9
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bryon Legg
AMUSR-631
1. The Site Specific Development Plan and a Special Review Permit for a Kennel (200 greyhounds)
in the A (Agricultural) Zone District, as indicated in the application materials on file 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 landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
4. The kennel and all of its associated uses shall be located entirely within the Use By Special
Review boundary. (Department of Planning Services)
5. The site shall be limited to family members only as outlined in the application materials.
(Department of Planning Services)
6. This application shall be in compliance with Section 23-3-250 A. and B of the Weld County Code.
(Department of Planning Services)
7. 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 by a commercial hauler. (Department of
Public Health and Environment)
8. 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)
9. 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)
10. 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)
11. The applicant shall operate in accordance with the approved "waste handling plan". (Department
of Public Health and Environment)
12. The operation shall comply with all applicable rules and regulations of the Colorado Department
of Agriculture (CDA), Division of Animal Industry. (Department of Public Health and Environment)
13. 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)
AMUSR-631 Legg Page 7 of 9
14. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
15. Adequate toilet and handwashing facilities shall be provided for family volunteers and patrons of
the facility. (Department of Public Health and Environment)
16. 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)
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
18. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
19. 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)
20. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department
of Planning Services)
21. The off-street parking including the access drive shall be surfaced with gravel or the equivalent
and shall be graded to prevent drainage problems. (Department of Public Works)
22. The historical flow patterns and run-off 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. The applicant must take into consideration stormwater
capture/quantity and provide accordingly for best management practices. (Department of Public
Works)
23. The property owner shall allow any mineral owner the right of ingress or egress for the purposes
of exploration development, completion, recompletion, re-entry, production and maintenance
operations associated with existing or future operations located on these lands. (Department of
Planning Services)
24. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250,Weld County Code.
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.
27. 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
AMUSR-631 Legg Page 8 of 9
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services.
28. 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.
AMUSR-631 Legg Page 9 of 9
ctce
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10T" Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
WI ID
CD FAX: (970) 304-6498
SOUTHWEST OFFICE
4209 CR 24.5
COLORADO LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720)652-4211
May 11, 2005
Bryon Legg
15027CR18
Fort Lupton CO 80621
Subject: AmUSR-631- Request for An amendment to a Site Specific Development Plan and a Special Review Permit
for a kennel (250 dogs) in the A(Agricultural)Zone District on a parcel of land described as Lot B AmRE-616 pt
of W2SW4 of Section 22, T2N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for July 19, 2005, at 1:30 p.m. This meeting will take place in the Hearing
Room, Weld County Planning Department, 4209 CR 24 '/2, Longmont, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members may have.
is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
.evised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30
days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if
the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has
forwarded a copy of the submitted materials to the Fort Lupton Planning Commission for their review and comments.
Please call Fort Lupton at 303-857-6694 for further details regarding the date, time, and place of this meeting. It is
recommended that you and/or a representative be in attendance at the Fort Lupton Planning Commission meeting to
answer any questions the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,
date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be
posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access
drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24) hours before the scheduled hearing. It is
the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectful
Jacali Hatch
Planner
PLANNING COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS J-` `I 2U° S THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROA PUBLICALLY MAINTAINED ROAD
RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A
SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD
RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE
SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A
SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE)
INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Jacqueline Hatch, HEREBY CERTIFY UNDER PENAI S OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST EN/ lid DAYS BEFORE
THE PLANNING COMMISSIONERS HEARING FOR AA 12 -C\( IN THE A
(AGRICULTURAL) ZONE DISTRICT.
\JAcct„) sc- g1FiZ l�
Name of Person Posting Sign —Jacqueline Hatch
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(4"--
Signat e of Person Posting Sign
STATE OF COLORADO )
) ss.
COUNTY OF WELD ) y7 I.
The foregoing instrument was subscribed and sworn to me this 7 / day of %Ju
2005. WITNESS my hand and official seal.
4,
31,(41441 /\ ( c32/61-
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Notary Public •
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FIELD CHECK Inspection Date: 5/5/05
APPLICANT: Bryon Legg CASE# :AMUSR-631
REQUEST: An amendment to a Site Specific Development Plan and a Special Review Permit for a
kennel (250 dogs)in the A(Agricultural)Zone District.
LEGAL: Lot B AMRE-616 pt of W2SW4 of Section 22, T2N, R66W of the 6t" P.M.,Weld County,
CO.
LOCATION: North of and adjacent to CR 18 and east of and adjacent to CR 31.
PARCEL ID#: 1309 22 000046 ACRES: 23 +1-acres
Zoning Land Use
N A (Agricultural) N A (Agricultural)
E A (Agricultural) E A (Agricultural)
S A (Agricultural) S A (Agricultural)
W A (Agricultural) W A (Agricultural)
COMMENTS:
Corner lot
Vacant older stick built home (non-habitable)
Kennels
Single family home
Multiple accesses
Practice dog track
Some trees around the home
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