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HomeMy WebLinkAbout840297.tiff RESOLUTION RE: APPROVE CONTINUANCE OF HEARING FOR USE BY SPECIAL REVIEW, DOG KENNEL - LEWIS AND BARBARA CORNELL WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a Use by Special Review hearing for a dog kennel for Lewis and Barbara Cornell was scheduled for February 1 , 1984, at 2: 00 p.m. , as stated in the Notice dated January 9 , 1984 , a copy of said Notice being attached hereto and incorporated herein by reference, and WHEREAS, at the hearing of February 1 , 1924 , it was deter- mined that the sign advising of the hearing had not been posted on the subject site the legally required amount of time prior to the hearing, therefore, the Weld County Planning staff re- quested a continuance to February 15 , 1924 , at 2 : 0D p.m. , and WHEREAS, the Board, after consideration, deems it advisable to approve the request for a continuance of this matter until February 15 , 1984, at 2 : 00 p.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the Use by Special Re- view hearing, requested by Lewis and Barbara Cornell, be, and hereby is, continued to February 15 , 1984 , at 2 :D0 p.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of February, A.D. , 1984 . BOARD OF COUNTY COMMISSIONERS ATTEST: (wyk - '~ 1 WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and-Clerk to the B,oacd Norman Carlson, Chairman BY: /„n -,n, X.ZCJ A )( /:/��1 ' ////Deputy County Clerk J u ine J h son, Pro-Tem APPROVED AS TO FORM: Gene R. Brantner County Att rney Euck Carlson PC fit, 3 , J n T. Martin LHR 129 020684 840297 HEARING CERTIFICATION DOCKET NO. 84-3 RE: USR, Dog kennel, Lewis and Barbara Cornell A public hearing was conducted on February 1 , 1984, at 2:00 P.M. , with the following present: Commissioner Norman Carlson, Chairman, Excused Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner Commissioner Chuck Carlson Commissioner John Martin Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee Morrison Planning Department Representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated January 9, 1984, and duly published in the LaSalle Leader on January 19, 1984, a public hearing was conducted for the purpose of considering the request of Lewis and Barbara Cornell for a Use by Special Review for a dog kennel. Lee Morrison, Assistant County Attorney, read the request into the record. Rod Allison, Planning Department Representative, stated that the applicant had contacted the Planning Department, saying that the sign advertising the hearing had not been posted the required ten days before today's hearing, so it will be necessary to continue this hearing. -He further recommended that this hearing be continued until February 15, 1984, at 2:00 p.m. Commissioner Brantner moved that the Use by Special Review hearing for Lewis and Barbara Cornell be continued until February 15, 1984, at 2:00 p.m. The motion, seconded by Commissioner Martin, carried unanimously. }}_ APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and.L:l.erk to the Board ^ Norman Carlson, Chairman By. out County Clerk- a CQi -4 `, cYw.a. ' �t �- k pe y y Ja.. e e Jo so , ro-Tem ne R. Brantner uck lson ,.//2"? Jn Martin TAPE # 84-8 DOCKET #84-3 LHR 129 020684 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado , Weld County Centennial Center., 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use By Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 84-3 APPLICANT Lewis and Barbara Cornell 1149 Weld County Road 33 3/4 Brighton, CO 80601 DATE: February 1 , 1984 TIME: 2 : 00 P .M. REQUEST: Use By Special Review - Dog kennel LEGAL DESCRIPTION Lot 11 , Block 2 , JoAnn Subdivision; located in part of the SE;, Section 26 , Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO BY : MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: January 9 , 1984 PUBLISHED: January 19 , 1984 in the LaSalle Leader LA//c.) /02y • Affidavit of Publication STATE OF COLORADO. 1 ■e. ty of Weld. ) LEGAL NOTICE NO710E f.�\ , Ct..1.41.x of Pursuant to the swing lass of the Slate / of Colorado and the Weld_Council ion. said County of Weld. being duly iii.drn. say that 11i9 Ordinance.•public hearing sill be. 1 am PLL Usher A held in the su!sa.e r of Weld e Board of co....,the CtialWtem of County �/ ` � // Colorado, Weld Cointy Centennial C X. i .- C`,GT-P�(C�/fv./ Center.915 IOM Street,Greeley,Cot. newspaper general outdo.at the time specified.All persons that the same is a weekly news a r of in any manner Interested M the Use By circulation and Tinted a d published in the Special Review aS requested io attend and may be heard. town of . _- r-4 BE IT ALSO KNOWN Met the trot and in said county and state: that the notice or adver- die tisement. of which the annexed is a true copy. Fl••dng Cowmlrlun Weld County has been published in said weekly newspaper In the dyes diet Clerk to the Bo•Nd Gainey Centimeters.located la the for '� consecutive Weld County Cseseniel Center. 915 19th Skeet,Third Floor,Greeley,Col. weeks: that the nonce was published in the orado, regular and entire issue of every number of said DOCKET No.ma newspaper during the period and time of publi• cation of said -notice and in the newspaper APPLICANT Lary and Barbara Cornell proper and not in a supplement thereat: that the 7199 Wald County-Rosd SS to first publication of sold notice was contained in Brielnee.Colm•d0B06o1 the Asa i of sat , n soapier bearing dale • [/Ili+• .DATE:February I,19M G/ /} day of Q C yv t ' .^✓.. 19;�,_[� TIME:200 P.M. and the last pub...anon thereof, n ail issue at BEQUEST: U•t By Special Ravin, said lneyspf�a�per bearing date, the �.-- day of .Dog Kemwi � 'X" / t<�4�,/L__(/� , 19r that the said tEGAI,DESCRlpl N ferinfivieli i Vip CY .ac t�`A.,- located in pert a the SEu,Sedan g6. Township 1 North,Baaee66 Wastdthe has been published continuously and uninterrupt- 6th P.M..Weld Comma.Colorado edly during the period of at least fifty.lwo coin secutive weeks-next prior lo the first issue thereof BOARDOF COMMISLICO ONERSONERS containing said notice or advertisement above WELD COUNTY,COLORADO referred to: and that said newspaper was at the BY:MABY. N time of each of the publications of said notice. COUINTYCERK ANDRECOMDFR duly qualified for that purpose within the mean AND CURIE TONE BOARD int of an act, entitled. "An Acttoncerning Legal BY:Maly ReiB,Deputy Notices. Advertisements and Publications, and DATED:Amery Sli 1914 the Fees of Printers and Publishers thereof, and - - -. to Repeal all Acts and Parts of Acts in Conflict Published In Me I. Salle Leader Thursday, fanner, 19. 1969 and with the Provisions of this Act."approved April 7. F.Mealy;I9N. . 1921. and all amendments thereof. and particu. — — larly as amended by an act approved. March 30. 1923.osud an ad approved May 1931. e'>2C.1-.A' P tiers- Subscribed a f sworn to before me this at7U / day o(.�/3 A.D.. l9� My commission expires _ //--7 ' --- Notary Public `I F- �l i) 0 PUBLISHER'S AFFIDAVIT STATE OF COLORADO, )ss COUNTY OF Adams . 1 Vi June do solemnly swear that I am the Publisher of The..Brighton..Blad e that the same is a weekly newspaper published in the City of Brighton nest to the, mot my laws Of State -at Colorado end the Wig County Zoning Ordinance,a public hearing,, -be held In the Chanters of the,lard of County Commihloneq al W04 CA my, Colo- rado, Weld.County, Center, County of -Adams 911310th$trSt.'Gretdy;Odlo,ado;el the time epFykd.All petal*any manner Intermlod In the Use BY-Epealol Review are requerged to Ntegd..end may be heard., State of Colorado,and has ageneral circulation -EE IT 1:0'KNOWS text and mepeso.L'e'mma Ly tit!' Gobi* therein;that said newspaper has been published Planning a omie**fnar be examined continuously and uninterruptedly in said In CCouhno m*6 Cierp'an'9N`Board of Cow* asoml4+Jd,ANd in the Weld County Floor N/. fly,915 10th *tem,Third Floor reeky,CdlOrado. County of..Ada.m.s DOCKET NO 94 APPLICANT:L'GN"/iMitlagbare Cor- rell, 1149 Weld O .9y a 33 3/4, Brighton,CO.90901....,. 'Hoed+�. . DATE:February, for a period of more than 52 weeks prior to the TIME:2.00 fAM first publication of the annexed notice,that said REMISES:MO Specie Review - newspaper is entered in the post office at Dog Se0n$ LEGAL otethSptiok Lot 11,Block 2, JoAnn Subdiyleforh:locited in pert of the SEY., SecNdn 35 7tlbitHep-1 North, Brighton Range m-Nest of teeth P.M., Weld County, Colorado. WARM OF COUNTY COMMI IONE,RS WELD COUNTY,COLORADO Colorado, as second class mail matter and that BY:SIKHS ANN FEUERSTEIN the said newspaper is a newspaper within the COUNTY CLERK AND RECORDER meaning of the act of the General Assembly of AND CLERK 1T)THE BOARD the State of Colorado,approved March 30,1923, MaDioty Deputy and Bother "Legal ts and Advertisements"rognd DATED:January tBrighton g,1984 pub other f le lrelatingo to tde printing and Pub ubli In theanua Blade publishing of legal notices and advertisments; FiretPublicetlon January 18,1984 that the annexed notice was published in the regular and entire issues of said newspaper, once each week,on the same day of each week for the period of 1 consecutive insertions; that the first publication of said newspaper dated January 18 , 19.$4and the last publication of said notice was in the issue of said newspaper dated 19 Signature and Title Subscribed and sworn to before me,a Notary Public,this 18th day of January 1984 Notary Public NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center-, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use By Special Review are requested to attend and may be -heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 84-3 _APPLICANT Lewis and Barbara Cornell 1149 Weld County Road 33 3/4 Brighton, CO 806D1 DATE: February 1 , 1984 ' TIME: 2 : 00 F.M. REQUEST: Use By Special Review - Don kennel LEGAL DESCRIPTION Lot 11 , Block 2 , JoAnn Subdivision; located in part of the SE;, Section 26 , Township 1 North, Range 66 West of the 6th P .M. , Weld _ - County, Colorado - BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN ' COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY : Mary Reiff, Deputy DATED: January 9 , 1984 PUBLISHED: January 19 , 1984 in the LaSalle Leader iiii ,U-//- /a J NOTICE Pursuant to the zoning laws of the _State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center., 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use By Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, -Third Floor, Greeley, Colorado. DOCKET NO. 84-3 APPLICANT Lewis and Barbara Cornell 1149 Weld County Road 33 3/4 Brighton, CO 80601 DATE: February 1 , 1984 TIME: 2 : 00 P.M. REQUEST: Use By Special Review - Doa kennel LEGAL DESCRIPTION Lot 11 , Block 2 , JoAnn Subdivision; located in part of the SE4 , Section 26 , Township 1 North, Range 66 West of the 6th P .M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COTORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: January 9 , 1984 PUBLISHED: January 19, 1984 in the LaSalle Leader DATE: Januar 11 , 1984 - TO: The Board of County Commissioners Weld County, Colorado ROM: Clerk to the Board Office Commissioners : If you have no objections, we have tentatively set the following hearing for the 1st day of February, 1984 , at 2 : 00 P .M. Docket #84-3 - Lewis and Barbara Cornell, USR, Doc kennel OFFICE OF THE C ERK TO THE BOARD BY: &1fr/ Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 0 _CT) .• OPERATION STANDARDS #11 DELETED BY THE PLANNING COMMISSION A bond in the amount sufficient to guarantee the cost of the improvements setforth in the Use by Special Review Operation Standards shall be executed payable to the Board of County Commissioners of Weld County. Said bond is to be executed by the operator and a corporate surety authorized to do business in the State of Colorado. The bond shall be released by the Board of County Commissioners following the hearing, after the improvements have been made. BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bill McMurray that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the wad bounty Planning Commission that the application for: CASE NUMBER: USR-596:83:59 iEid3 NAME: Lewis Wesley & Barbara J. Cornell L 02,3O, GhELLc Y, , COLO. ADDRESS: 1149 Weld County Road 33 3/4, Brighton, CO 8060] REQUEST: A Use by Special Review Permit for a Dog Kennel LEGAL DESCRIPTION: Iot 11, Block 2, JoAnn Subdivision; located in part of the SEA, Section 26, T1N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 miles northwest of Lochbuie; north of Weld County Road 4. be recommended unfavorably to the Board of County Commissioners for the following reasons: 1. The applicant has not demonstrated compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance. Specifically, the applicant has failed to demonstrate the following: A. That the proposal is compatible with the existing surrounding land uses; 5. That the USES which would 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 the COMPREHENSIVE PLAN or EASTER PLANS of affected municipalities; C. That there is adequate provision for the protection of health, safety and welfare of the inhabitants of the neighborhood and the County. 2. The applicant is requesting approval of an existing dog kennel with a maximum of twenty-four (24) dogs on a four and a half (4.5) acre parcel of land. There are approximately four (4) residences on properties within five-hundred(500) feet of this proposal. In addition, there are approximately three (3) vacant lots eligible for homes within five-hundred (500) feet of this propo-sal. Due to the current density of this neighborhood, the proposal is not compatible with existing surrounding land uses. Further more, adequate provisions have not been made for the protection of the health, safety and welfare of the inhabitants and the neighborhood. 3. JoAnn Subdivision is a platted rural subdivision zoned agricultural. The primary use of this area is for residential home sites. Various species of livestock are permitted so long as a resident does not exceed the maximum number of animal units permitted per acre. The applicant in this situation would like to gain approval beyond the limitating seven (7) house hold pets of two (2) or more species. This proposal would not be compatible with the future development of the surrounding area, as permitted by the existing zoning. USR-596:83:59 Lewis Wesley & Barbara J. Cornell A Use by Special Review Permit for a Dog Kennel Lot 11, Block 2, JoAnn Subdivision; located in part of the SEA, Section 26, TIN, R66W of the 6th P.M. , Weld County, Colorado December 20, 1983 Page 2 Motion seconded by: Jack Holman Vote: For Passage Against Passage Bill McMurray Jack Holman Lydia Dunbar Doug Graff Paulette Weaver Bob Ehrlich The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners _for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of 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 December 20, 1983 and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 20th day of December, 1983. Ll_�.u . Oc h\ Secretary A Date: March 6, 1984 CASE NUMBER: USR-596:83:59 NAME: Lewis Wesley & Barbara J. Cornell REQUEST: A Use by Special Review Permit for a Dog Kennel LEGAL DESCRIPTION: Lot II , Block 2, JoAnn Subdivision; Pt. SE4, Section 26, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 miles northwest ofU ochbuie; north of Weld County Road 4. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: 1. The applicant has not demonstrated compliance with Section 24. 3. 1 et seq. of the Weld County Zoning Ordinance. Specifically, the applicant has failed to demonstrate the following: A. That the proposal is compatible with the existing surrounding land uses; B. That the USES which would to 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 the COMPREHENSIVE PLAN or MASTER PLANS of affected municipalities; C. That there is adequate provision for the protection of health, safety and welfare of the inhabitants of the neighborhood and the County. 2. The applicant is requesting approval of an existing dog kennel with a maximum of eighteen (18) dogs on a four and a half (4.3) acre parcel of land. There are approximately four (4) residences on properties within five-hundred (500) feet of this proposal. In addition, there are approximately three (3) vacant lots eligible for homes within five-hundred (500) feet of this proposal. Due to the current density of this neighborhood, the proposal is not compatible with existing surrounding land uses. Furthermore, adequate provisions have not been made for the protection of the health, safety and welfare of the inhabitants and the neighborhood. 3. JoAnn Subdivision is a platted rural subdivision zoned agricultural. The primary use of this area is for residential home sites. Various species of livestock are permitted so long as a resident does not exceed the maximum number of animal units permitted per acre. The applicant in this situation would like to gain approval beyond the limitating four (4) house hold pets of one (1) species. This proposal would not be compatible with the future development of the surrounding area, as permitted by the existing zoning. OPERATION STANDARDS CORNELL DOG KENNEL U.S.R.-596:83:59 1. The Permitted Use shall be a dog kennel operation for eighteen (18) dogs as described in the revised application materials on file in the Department of Planning Services. 2. The dog kennel operations shall be designed and landscaped to meet the following minimum standards: A. All dogs shall be kept inside soundproofed building(s) from 10:00 p.m. until 6:30 a.m. Dogs may be permitted outside between the hours of 6:30 a.m. and 10:00 p.m. All dog housing buildings shall meet the following specifications and construction shall be completed by June 1, 1984: 1. The wall section of the building(s) shall be a minimum of five-eighths (5/8) inch sound deadening board with one-half (1/2) inch plywood on each side of the sound deadening board. The roof shall be a minimum of one- half (1/2) inch plywood; 2 . The interior building surfaces of the indoor dog houses shall be constructed and maintained so that they are impervious to moisture and may be readily cleaned; 3. Reliable and adequate electric power shall be provided to ensure indoor artificial lighting; 4. Adequate potable water shall be provided. Back flow preventers shall be installed on any threaded faucets that are used for a hose connection; 5. Adequate ventilation shall be provided for the health and comfort of the dogs at all times. All dogs shall be provided with fresh air either by means of windows, doors, vents or air conditioning and shall be ventilated so as to minimize drafts, odors and moisture condensation; 6. The dog housing facilities shall provide a separate area for washing equipment, sanitizing equipment and for food storage which would be protected from contamination. B. One run shall be provided for every four (4) dogs, sufficient to allow any dog to break into a run. • C. A six (6) foot wooden fence shall be constructed to enclose the dog kennel operation. The north and south fence line may be slotted to improve ventilation. Construction shall be completed by June 1, 1984. D. Evergreen trees shall be planted and maintained at intervals of twenty (20) feet around a six-tenth (6/10) acre section of land which includes the Cornell improvements. The trees shall be planted along the south, west and north perimeter of this area as indicated on the revised Use by Special Review map on file in the Department of Planning Services office. A minimum of forty-eight (48) trees planted two (2) rows deep shall constitute the required planting and it shall be completed by April 15, 1984. The trees shall be a minimum of six (6) feet in height (fence level) at the time of transplanting. 3. Animal waste shall be removed daily from the kennel area and placed in an enclosed container. The waste shall be removed on a weekly basis from the subject property. • OPERATION STANDARDS Cornell Dog Kennel D.S.R.-596:83:59 Page 2 4. All phases of the kennel operation shall comply with all applicable County and State health standards and regulations. Buildings and grounds shall be kept clean, in good repair and free of trash. 5. The Use by Special Review Permit shall not be transferrable to any successors, and interest to the described property shall terminate automatically upon conveyance or lease of the property with others for operation of the facility. 6. The applicant shall comply with the design standards for the Use by Special Review Permit, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 7. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24. 6 et seq. , of the Weld County Zoning Ordinance. 8. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 9. The Use by Special Review shall be limited to the plans shown -hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Depart- ment of Planning Services. 10. The property owner and/or operator of this operation shall be responsible for complying withall of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. r I LAND USE APPLICATION SUMMARY SHEET March 6, 1-984 CASE NUMBER: US-R 596:83:59 NAME: Lewis W. and and Barbara J. Cornell ADDRESS:1149 Road 33 3/4, Brighton, Colorado 80601 REQUEST: A Use by Special Review Permit for a Dog Kennel LEGAL DESCRIPTION: Lot 11, Block 2, JoAnn Subdivision; located in part of the SEA, Section 26, T1N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 mile northwest of Lochbuie; north of Weld County Road 4 SIZE OF PARCEL: 4.52 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: This case is a result of Violation #351:83:30 where the applicants were found operating a -log kennel without a Use by Special Review Permit. The action was initiated on October 19, 1983. The criteria for review of a Use by Special Review application are listed under Section 24.3 of the Weld County Zoning Ordinance. Issues of concern within the review criteria are compatibility with existing surrounding land uses and that there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. The Weld _County Health Department, in concurrence with the State Health Department, have expressed serious concerns about this operation. Memos from the Weld County Health Department are included in this packet addressing the concerns. The Board of County Commissioners, at their February 15, 1984, public hearing, received a request from the applicants to refer the case back to the Weld County Planning Commission. The Board agreed to the request so the applicants could have the opportunity to present new evidence. Eleven (11) surrounding property owners have voiced objections to this application. Copies of their letters are submitted in your packet. MSM:rjg ( FIELD CHECK FILING NUMBER: USR 596:83:59 DATE OF INSPECTION: 12-7-83 NAME: Lewis Wesley and Barbara J. Cornell REQUEST: Use by Special Review Permit for a dog kennel LEGAL DESCRIPTION: Lot 11, Block 2, _Jo Ann Subdivision; Pt. SE4, Sec. 26, T1N, R66W LAND USE: N 2 vacant lots, 6 :residences, 1 mobile home E mobile home, horse barns & corrals, pasture S vacant lot, 1 residence, WCR. 4, .cropland, high power transmission line W 6 residences ZONING: N Agricultural LOCATION: Approximately .75 miles northwest E Agricultural of Lochbuie; north of Weld County Road 4 S Agricultural W Agricultural COMMENTS: Subject site is located in the Jo Ann Subdivision, a large lot rural subdivision consisting of 26 lots with 15 residences and 2 mobile homes. Each lot ranges in size from 4 to 5 acres. The subdivision has an easterly slope. Access to the Cornell property is off of Weld County Road 4 (a gravel road) by way of a dirt trail. The unimproved "road" is a dedicated right-of-way, but a maintenance agreement has mot been secured with the County. Improvements on the Cornell property include a mobile home, an unfinished outbuilding, storage shed, steel shed, an old trailer house which serves as a dog house, pup pens, dog runs, abandoned trucks and stored equipment. Ten adult Golden Retrievers, six Golden Retriever pups, several fox terriers and geese were present on the property. The Cornell mobile home is only one of two mobile homes in the Jo -Ann Subdivision. BY: 7rr4r CQaags Michael S. Mullen, Current Planner MSM:dg j\ • •• •••iqj - v • CCy r c j9 r/1.. I • ••1 I I " • : " _ -- ' II n • • rt1 st•i fF ' s I qS _� " p r I • • b• • _I ' • • •• _ i Mellon I5 4 • » I i-_ _ r » n u • �Fancif j �f • • _ � _ ,IL I % » » »• "I " i/I • 1 • • . �. . '• • z3 � � ••• 20 24•n r I p' j . axe 'II(:1l/`/�l/P — " _ _ -- ' { .al • •I• •I1t•1 [ • • • _ _ r\1 xa • IS I�` ]. 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KR t y ��$,, 'Ab'), P� r 4h"t� -�.' k 1r 7k . wz tP� E { gtI `'' :. / it if it' r C 1 +! « y.,4 ;, 4{ a+ lii` a, r4 ��.'py yr„y, h-q '1 � r 4' 'r S e r 411 ? jjfyy � ' ' T t 'c 1�•It1 (}rg. i •, tf .t §. �i t :14 '9% d ,ii {' ,- %-11* 't ' Ekt,�"+` : . r `d'>vr" ,� �1"'t�' � k a'.. r A 1,/+•"'‘ `wskyty' ..ter.: "r .� -- .. ' - ,. ,"-u •/,„,\:.c'; -.. 1 CLati" ', 'CYIUiVTY ��J� NO.D 6 b s y Copt NTR y 6 ! , 6 ESTATES 6 SuZ3. 7 _ 7 7 7 a a 8 8 H I i A I N ' Soak 1 "z."_ 400 u1 ' 5c 2 6 XsR 9 o ‘ 7 6 7 Si} e- _ 5 e 5 s El Frame Horne JO -ANN SUB. © weaker Walter ' Mobile Home , 9 S-s,sn4 9 - ! NOTE : ! wawa. walker 0 y 8 - -.. j 3 a i0 SjlliiP'MtN Resic etc-es taca-+ec! ` ONIy or) prdper > rr/ withiN Sea' c{ SR 2 it d 7 t t l z , m h f+ers Fairer / ii Q Farrar/•/2r #iN a wcR '1 I - - / . APPLICATION i . SE BY SPECIAL REVIEW .,?sl Department of Planning Services, 915 Tenth Street, Greeley, Colorado - — —� Phone - 356-4000 - Ext. 400 -4 z • ._ v'.. ; 1' r.i I ..:� _ __..__---. cro I , Case Number USE 51(4.: Sd•�+ 7 Date Received I I - I l - �"3i,_!,i - 1.9 Application Checked by_mgys,A : ( _ Application Fee /SS. Receipt Number 1 31')'21 -- --�—) Recording Fee /O��' Receipt Number 4;--r F-2-7 Blnld Co. Planning Commission TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and, the Weld County Board of County Commissioners concerning the pro- posed Special -Review Permit of the following -described unincorporated area of Weld County Colorado: Lo-F111 ►3Iock,1, roS rr Subdi0lsian7 LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: PE. 5 r 77 Section ,e yl T__1_24, R( (cW LEGAL DESCRIPTION oft/Contiguous property owned upon which Special Review Permit ,[' /v is proposed: 71 ::-- Section,? 6 T / N, R66' W Property Address (if available) /J'`/ 7 ' A "' L.-7,1-1 y44 /f, s c. /2/:0/ PRESENT ZONE 4- OVERLAY ZONES ,,Pr TOTAL ACREAGE 3/, 5 PROPOSED LAND USE /c;s•,,<.)t v,..}c-c= •.-• ‘:N,Lz EXISTING LAND USE .C'Fcin,- c r i" CCItrdvi7 SURFACE FEE (PROPERTY r[. OWNERS)D OF AREA^ PROPOSED FOR REZONING: Name: /gw �1 l�i-s ) Bay Airs' lrche/I Address: /1 99/Rd 1 7.7 3,4- City flr#.Q�//irt'nn rd Zip 8 %0/ Home -Telephone -#7,;r9--- ,4*-66A 'usiness Telephone # SLt r..e Name: Address: City Zip Home Telephone # Business Telephone # Name Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Address: City Zip Home Telephone # Business Telephone # Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office:Name: ah rl e / Si tQS `coJ ) Zip . Address: / ) to /// CityName: C I5/le. L, (ti e c? [!l 4- lY1rnnJ Z 1'i 4h i5) Address: ( •,,4Al s City c (j p / . Name: Address: City Zip I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) 7 - i Signature: Owner:bt Authorized Agent Subsdzibed, and sworn to before me this 1i .,day ai\ .. rr of r , �`), ,>, 19 g-3 ' SEAL at,.:)-Nn. , ,X NARY PUBLIC My commission expires My Commission expires Feb. 13, 1915 1 To the Weld County Board of Commissioners We are applying for a special use permit for a dog kennel. the area is now zoned agricultural. We have a breeding, showing and field kennel of Golden Retrievers. I have been breeding and showing Golden Fetrievers since 1967. I am a member of Mile-Hi Golden Retriever Club, The Golden Retriever Club of America, Greeley Kennel Club and Colorado Dog Fanciers. . aAs a member of Colorado Dog Fanciers I am allowed only three litters or 20 puppies per per years. I am not allowed to buy for resale. The Dog Fanciers have inspected my kennels. There is a horse boarding stable behind us on lot 2. Their house is over 350' from our structures. Lot 3 is empty. Lot 4 is raising pgs and sometimes sheep and goats. 'heir house is over 500' from our structures. Lot 12 is empty. Lot 1 has a nouse on the front part of the lot well over 500 ' from our structures. The kennel is run by the family. There will be about 24 dogs at one time There are kennel runs on the property that have been there since 1977. We have a small kennel building 8 by 28 that ham been there for four years. There are just passenger cars on county road 33 3/4. Animal waste is removed to another area of the property are buried as often as necissary. Other waste is removed with a pickup and taken to the dump. . 818 Centenni. . •-rig., 1313 Shurni. ., UcnVI! (/):el a W.) a()2.):3 V(, Y _ L PERMIT APPLICATION FORM( RECIEV4-\' Application must _ be coMplete where I XI A PERMIT TO USE GROUND WATER ^, applicable. Type or ( ) A PERMIT TO CONSTRUCT A WELL ) 4,Lr e print in BLACK FOR: ( X) A PERMIT TO INSTALL A PUMP OILY �` . INK.No overstrikes tt1GtNtt' or erasures unless ( I REPLACEMENT FOR NO. initialed. ( I DT-HER W WATER COURT CASE NO..— (1) APPLICANT • mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN 1 • NAME t'JesLey Cornell IReceipt No / STREET 531 E. 99th Place Basin Dist. CITY Thornton Cnl(sdte) Hop) CONDITIONS OF APPROVAL TELEPHONE NO. 1+51 -8108 This well shall -be used in such a way -as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant (2) LOCATION OF PROPOSED WELL that no injury will occur to another vested water • right or preclude another owner of a vested water County Oleic' (Johnn Sub Lot II, Block 2 right from seeking-relief in a civil court artinn SE ' of the SE %, Section 26 w 6th Twp, 1 N . Rng. 66 — P M. Install plain (non-perforated)casings from iN.51 E.W� surface down to a minimum depth of$OO feat (3) WATER USE AND WELL DATA and properlysealed to prevent the pumping of appropriation of tributary waters. ��} Proposed maximum punning rate (gpm) 15G Average annual amount of ground water 2 to be appropriated (acre-feet): --------- Number of acres to be irrigated: T acre 400 St. Proposed total depth fleet): — Aquifer-Around water is to be obtained from: Owner's well designation GROUND WATER TO BE USED FOR: f ( ) HOUSEHOLD USE ONLY • no irrigation (O I )d DOMESTIC (1) ( ) INDUSTRIAL 151 )1 COMMERCIAL (4) ( ) MUNICIPAL (8)LIVESTOCK (2) ( IIRRIGATION (6) ) 1 I OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) 89834 v V -- PERMIT NUMBER _n_ (4) DRILLER DATE ISSUED _Ar_R_ 9 .,� EXPIRATI TE -A /C_'J 79 Name r'.1 299Th gh n2 i 111A{',i--Z11C-. � 1�Street 11299 Brighton Road nuot.az Henderson. Co Colorado 80640 D (STATE ENGI ER) City (state) (zip) 902 BY - Telephone No. 288-2247 Lic. No. I D __ COUNTY V LUCA'_ _Tl v C L P'sL 'JS! vac. a ,�u ;lied on ! f6) T HE WELL MUST BL LOCATED 3ELOW which the water will be us lust be indicated on tnu diagram below. i' ., distances from section lines. • Use the CENTER SECTION ,t / ion, 640 acres) for the well location. / + _— _r .I._ _- _I_ -._ - t.- _- . I-- _ _ -_5�, ft. from Sciji th sec. line _— - ._ • 2L_ .. -�. I ._. _ Worn,ursuutn) I r� I{-- 1 MILE,5280 FEET j 870 ft. from I'�aSt sec. line t-1 T t- -I-- + (east or west) -h � '� LOT 1 1 BLOCK 2 FILING s 01505 I I _ _I — , ' NORTH SECTION LINE _ _ + _ r SUBDIVISION Jo Ann I I I (7) TRACT ON WHICH WELL WILL BE I LOCATED kNORTH } — + fi m f Owner: aesley Cornell n No. of acres 4. 52 Will this be -1 i Z ; l O m the only well on this tract? yac I U ( -i _1_ w 5 } • w 5I (8) PROPOSED CASING PROGRAM m r Plain Casing -I-- + 3_ _�. _ _._ �_ — _m + �- 6 5/8 in. from +2 ft. to 300 ft. I I X II in. from ft. to ft. + — SOUTH SECTION LINE -- _4- '-- -L Perforated casing I 6 5/8 in. from 300 ft. to 1400 ft. I I _t -I-_ -4 -r- -+ -- in. from ft. to ft. (9) FOR REPLACEMENT WELLS givedistance l _ _ I and direction from old well and plans for plugging - + + — / it: i The scale of the diagram is 2 inches -= 1 mile i4/A ! Each small square represents 40 acres. i WATER EQUIVALENTS TABLE (Rounded Fi rest An acre loot cove's 1 acre of land 1 foot deep 1 cubic foot per second (cis) 449 gallons per minute Igpml A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot .43,560 cubic feel . 325,900 gallons. 1.000 grim pumped continuously for one day produces 4.42 acre-feet. (10)_LAND ON WHICH GROUND WATER WILL BE USED: Ownerlsl: Lewis :7esley and Barbara J. Cornell No of acres: 4. 52 Legal description: Lot 11 Block 2 JoAnn Subdivision 5E,4 of' the SEl of 1- L.uun y Lice Eion 6, t -F;;T-66 e e t t I11 (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells most indicate type of disposal system to be used. Household use, lawn, garden and livestock. Septic. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used 1,1/A II/A - -- .- -- - N/A_ • (13)THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KN EDGE. . 6.4,1.4 ) et-z -e SIGNATURE OF APPL ICA !Sl • II•,• rnlrlihnn it sheet, of nnnr, If ,nr.n, •11n,, ;^ i�•r unit V REFERRAL LIST APPLICANT: Lewis Wesley & Barbara Cornell CASE NUMBER: USR 596:83:59 SENT REFERRALS OUT: 11-21-83 REFERRALS TO BE RECEIVED BY 12-15-83 m m z m o m o Z H H "= m H < w CO U U 2 0 H0W U 2 0 hfr 9 11,' ) W z Cl) 8 H x� o �U U l'w o 0 o a w o n, 41 0 z co a z z Cn z Z County Attorney (plat only) / Town of Lochbuie * __ Planning Planning Commission / Weld County Health Department V Rt. 4, Box 99 ✓/ X Brighton, CO 8-0601 Engineering Department 659-1395 X County Extension Agent * Need response back by 12/16 Colorado Geological Survey / Bill McMurray 1313 Sherman Street Weld County Planning CommissL Room 703 Box 161 Denver, Colorado 80203 Brighton, CO 80601 659-1141 / Humane Society of Weld County V/ 23700 Colorado State Hwy.. 263 Greeley, CO 89631 / Dr. John K. Emerson, D.V.M.// State -Engineer , / Colorado Dept. of Health V Division of Water Resources VVV 4210 East 11th Avenue 1313 Sherman St. , Room 818 , Denver, CO 80220 Denver, Colorado 80203 (24 dogs) Colorado Humane Society ( State Highway Department / 5901 East 89th Avenue 1420 2nd Street 1/ Henderson, CO 80640 Greeley, Colorado 80631 289-2891 Colorado Department of Health / Brighton Fire Protection Dist Water Quality Control Division / 22 South 4th 4210 East 11th Avenue vvv Brighton, CO 80601 Denver, Colorado 80220 • inEnnoompurn To Ronald K. Stow. Director of Date Feb. 14. 3984 Environmental Health COLORADO From Thomas J. Wodtke, Environmental Health Specialist ( y Subject: USR-596-CORNELL C/ This memorandum is for the purpose of updating my previous memorandum, dated December 15, 1983. On January 23, 1984, I made an inspection of the Cornell site, escorted by Mr. Cornell. At that time, I noted the following: 1. 11 (eleven) Golden Retrievers adults, 5 (five) Golden Retriever pups, 5 (five) Terriers (Irish Short Hair) , and a variety of Jesse, ducks, and c_Ls. 2. The well head located within 10 feet of the nearest animal enclosure. 3. No fresh water available to any of the animals. 4. Dirty water pans, some with frozen water inside, most empty. 5. Large amounts of waste buildup (apparently, the snowpack of the inspection dated December 15, 1983 had covered up much of the waste. There was no evidence of waste removal upon my January 23rd inspection.) 6. Very small (compared to adult retriever size) animal shelters, which could not allow for normal postural movement of one adult retriever. Similar shelters were present in runs housing 2 (two) adult retrievers. 7. The trailer, used for ,retriever pups and terrier shelter, revealed a sub-standard floor smattered with sawdust, lack of ventilation (outside temperature was too cold to open window and door vents and maintain warmth) , and a lack of space which would not allow for the general comfort and normal postural movements of the retrievers or terriers. . ( page/2 As this site may not come under kennel licensing requirements (provided personal animals are sold, in amounts of less than twenty per year) , the site does have questionable operations when viewed as a pet or hobby breeding facility. On both occasions of inspection, no fresh water was available to the 21 animals. A clean source of water should be available to pets at all times. In foul and extremely cold weather, pets should be provided an opportunity to be sheltered. The shelters available to the adult retrievers do not appear sufficient to adequately house one dog, much less two (four runs contain 2 adult retrievers) . Animal waste buildup was extremely high, possibly, in part, due to weather conditions in December. Apparently, waste removal is not a high priority at this site. This poses a very real ground water hazard, as the well head is located within 10 feet of the nearest run, and according to the percolation test performed on the Cornell property (see attachment) , the site has a very fast percolation rate (any faster rate would have rendered the site unsuitable for an absorption system - Weld County Health Department, Individual Sewage Disposal System Regulations, July 1, 1983) . This point may be better focused when it is realized that one forty pound dog has a Biological Oxygen Demand (B.O.D.) equal to that of a human (Emersen, John K. , D.V.M. , Memo, 10-1-75) , and all of the animal enclosures are floored with gravel. In conclusion, reasonable, humane care is not, from my inspections, being exercised at this site with regard to pet or hobby animal boarding and breeding. TJW/jkm attachment • zs JI j r i1 n ll Weld Co. Planning CommiSSion PERMIT NO. 8 1 t • � Grccic Cnlnrndo I> rh. 53-0540 Applicorinn for permit to Install, Conti itort, no Individual Sewage Disposal System. 0v.tier �-I5fel� Cornell Address :-?/ /7-- /1.//i3•n,-i*Y7 Phonc `1Sl-trn(Ct Direction to site: Hwy Rd. N_mi., E_mi., S_mt., W mi. c t, :rd C�� Rd. 4 3 \ � W. 1 a7 ' . NI rtcic 4 c1.1ra . 4, .. LegalDcscription: Pin Sc Sec.aC , Ti N, f�W Subdiv. � N a Lot I ( Olk Ii Cerie,al Information P z. `'' kip 4: Dept Use Only e ; ' .,< a ,,., n4a rte..N ^'` r•Fgt s`'. l .-2`• < w — . ze .?-....„s` .c :.fir .-N�1 ,fltrzolis` ax .;,a r ,.. a sea-r.:�•�Y--sa;,.y} • ''�: .ii ,n�x No. Paths Basement Plumping /Vd ,/ 12i1r tAvg._6f3i �sriru ` •4/5-7 f ){ y3ll y Soil Type_c.�c.-f _ Size of Lot , / , FI.O Table Depth?S H:O supply (if well give depth) G ac - _: _ La1 Grade -__3o'fd ' Ne•v Home V " Mobile Ilome -'hf<xfular ` -Acld'n - --- ' "t r Requires Engineer Dc ign_Y-est\ No Type of scv• .age i peso! requested �._-- _ If yes — reason • Septic tank ____ Privy__ Oilier - • _. - - . /hi I , 5 it 11 ri r-I, Iv 1 ,11 -Ilse ' y nitl .' - f4../er Crnnneiitc i `, rxa•l it. l;l C l It 'I(' . r '(- I`Ub II< sSLcota— X. Installation Instructions: • (Minimum Requirements) } Berne Tank 75n Gals: ; Absorption Trenches • 37..5 Sq. Ft. O;!„r or • Seepage bed g9Cf Sq. Ft, Spica! Incited h'ns 1h;s .vsten1 ‘‘Ill He Ct`n.lrtu'Ind rued inalalled Ill oCCardonCe \vlllt the..chose specifications and regulations re gbidirlq inclividual sessage disposal. systems in Weld County, Colorgdb '�l a _ ,. , _. This permit s'i ill csl`IIc at ihv our time as the building permit, or, if no building permit is issue e, permit.- shall expire 12O do\'A otter its issuance, if construction has not barn commenced/ //J ' Date: — •- i 7Owner: / Applicant ' - The pions and spedficutions us shown ore approved pending payment of permit fee. Date: .57/ 277 Sonitortein 1 -.r "Hine 'n den, ;ncl4'r--Intl r,n,l Iri:rnl In comply svilh, plus and dC':C nplion. :: i: ': l. nli a�iUi, _.(-`_J LiSl 'Y/ f)ulc:er RCVIew: (ROC! ISig•wlurcl Permit lee: $ J�" . Received by; _ /er ier./ f 7. ire rice,:r� aYr11 /177 ��t� Date: di mEoRAnDum Wilk To Michael S. Mullen, Planning Date December 15, 1983 1./ COLORADO From Ronald K. Stow, Environmental Health Subject: USR 596/Cornell Dog Kennel Please refer to the attached report by Thomas Wodtke, Weld County Health Department, Environmental Health Specialist, concerning the conditions found at the existing Cornell Kennel. Based upon his information, we recommend for permit denial if the facility is to be considered for kennel licensing. However, by recently enacted legislation (Senate Bill 198) , this facility would be exempt from standards and licensure requirements if the dogs are used for show purposes only and are not sold. U I Z t 3 j T }7/r��I���yyy��J—�_ f ' ii ; ,I�i`• \ l� UEC 1G 1983 �t C. Weld Co. Planning Commission li' jU V; ,\ / , AS#1r‘ 7. "` IC 1923 Meld Co. PjaagT Commission To Ronald K. Stow, Director, EHS Dam December Co. -COLORADO From Thomas Wodtke, EHS Specialist ) SAWS Subject: USR 596 — Cornell This is in response to the application from Lewis and Barbara Cornell for a use by special review permit for a dog kennel (Case Number -USR 596). An inspection of the site (lot 11, block 2, Jo Ann Subdivision) by Mr. Wes Potter, EHS Specialist, and myself revealed the following: 1. Approximately: 20 full size Labradors, 15 Lab puppies, and about 15 Irish short hair Terriers. 2. Wall head located within 20 feet of runs, posing a potential hazara to ground water. 3. Crowded conditions throughout. 4. Inadequate shelter at least for the full size Labradors, and crowded shelter for the Terriers and Labrador pups. 5. No water available to any animal at the time of inspection. 6. Buildup of animal waste materials in the runs. Although there was snow pak from recent snowfall, evidence showed a general high buildup before each routine cleaning. 7. In general, dilapidated structures, fencing, and enclosures exist for all animals concerned, with relatively little room for the Labrador's normal postural movements. 8. Barbara Cornell stated that none of the animals were ever sold - that all were registered, and:that they were for show purposes only. Mrs. Cornell also stated that the existing structures were to remain as is, and that the addition of more animal enclosures (as noted on the blueprint) may occur some time after being issued a license. The main reason for this USR 596 is to legalize their current animal population. It is our opinion that person(s) licensed to operate a dog kennel via special permit will do so with a great deal of professionalism. As shown by the enclosed Kennel Inspection Form, there appears not only to be a * question as to the breeding of so many dogs for show purposes only. There- fore, our recommendation is against the approval of this Use by Special Review Permit (USR 596) , at least until their existing facilities are upgraded to current standards. TW/br * . . . general lack of professionalism, but as well a. . . COLORADO DEPARTMENT OF HEA(7 ——1 Public Health Veterinary Section Ty e: m. i � , ��'•Jl HI 4210 East 11th Avenue i,( _1'"' Denver, Colorado 80220 1kI ,,`' in 1983 KENNEL INSPECTION FOP.M /—.:.) Business Name Weld Co. Planning tammissiao County /�l/�1 Date /ca —/— , 3 Business Address //4/ 4, 5,33/4 /3ejcn7daL 8O662/ Kennel License No. Owner GEWjs W. n ,Rf1,aLsROa4 (toptic« (x) Indicates a viotati.on o6 .the Cototado Pet Shop and Boa&ding Kennet sta-tute, tegu1atcon, and/on &tnndan.d. 1 . Kennel Buildings d_≥K) handwashing facility properly a(>0 structurally sound equipped b()4 floors and walls smooth, impervious e V) adequate hot and sold running water c () adequate floor drains - properly sloped f(0 adequate sewage disposal d( ) adequate natural and artificial light ) no accumulation of debris or excreta e(X) a-dequate heating system h soiled gravel or sand replaced f( ) adequate ventilation i ) presence of insects or rodents O4) enclosures of adequate size j ( ) grounds kept clean h()<) enclosures smooth, impervious i (>9 outdoor runs sloped to drain 4. Food and Water a --1-adequate daily feeding 2. Dog Shelters ) food stored in a sanitary manner a(51—animals protected from sun, snow, rain, c ' ) perishable food refrigerated and cold weather ) safe, sanitary water supply b(K) structurally sound, in good repair e 1 potable water available to animals c(X) inner surfaces smooth and impervious at all times d(>Q adequate size e44j adequately heated and/or bedded 5. General Reouirements f clean a( facilities separated from food service, living and sleeping quarters 3. Sanitation b ) sales records kept for two years a1 ) separate and adequate service room ) sick animals isolated and veterinary . ► adequate cleaning and sanitary care provided • facilities Name of veterinarian: c()4 proper cleaning and disinfecting of: Q<) equipment (71 enclosures (l-) floors and walls Comments As eA5&D °Pone) ZiusPECT ioPJ of Cvv/L/ZC✓i/T 4A/im/ t- rlJcLry, (272 F.S / ell // / J�-o G= z-, S +4-c) ' b GQ,vv--tom J-v\J a v KX • 1.c1� Q� cL la )© ) G(JQ e, I14 -t click, Operator ironmentalist Colorado � Department of Frank A Traylor, Jr, M D Health Executive Director 4210 Fast 11th Avenue Denver, Colorado 80220 December 6, 1983 Phone(303) 320-8333 Mr. Michael S. Mullen, Current-Planner Weld County Dept. of Planning Services 915 - 10th St. Greeley CO 80631 Dear Mr. Mullen, Regarding your request for input relative to Lewis & Barbara Cornell 's application for a Use by Special Review Permit for a dog kennel , this Department has the following comments: The plans submitted to this office were completely inadequate for proper evaluation of compliance with Health Department facility standards. The Department would need information on interior finish schedules, plumbing and -electrical layouts, sewage disposal systems specifications, ventilation system specifications, and other structural requirements before plan approval could be given. I checked with Ron Stow, Director of Environmental - Health, Weld County Health Department, and was informed that the facility was a long way from meeting our minimum standards. Based an this information, I would recommend against the classification of this facility as a bona fide dog kennel . Since ly, en Mesch, R. S. Zoonoses Control Office KM:d 2. cc: Ron Stow REtE1V5D SANITATION DIVISION P _ DEC 0`91983 I±ffir 983 WEIR MOM NUL1N QEP1, Weld Co. Planning Commission ( o Colorado 1,9;0, Humane Society December 18, 1983 Department of Planning Services Weld County Centennial Center 915 Tenth Street Greeley, Colorado 80631 Dear Sirs, On December 14, 1983 I visited the property of Lewis W. and Barbara J. Cornell at the request of the Planning Services. Previously I had spoke with Barbara Cornell, on December 10, 1983, I requested permission to tour the property and was declined. I viewed said property from the public access. In plain view was a row of runs with Golden Retrievers inside each run. The animals dishers were overturned, sone appeared frozen into the ground, there was no clear way of supplying potable water to the dogs. The runs were not sanitizable and were not clean. The shelters were frozen into the ground, the doghouses did not appear moisture impervious, nor did they appear bedded for warmth. The fencing may not be safe and does not meet proposed kennel standards. The entire properties appeared unkept and run down. New kennel recommendations from the State are evcted to pass in January, a copy has been supplied. The Taragold Kennels will not meet those standards nor do they in the opinion of this Society meet the standards needed in a professional breeding operation. Based on what was seen we suggest a decline of license until properties are upgraded, conditions changed, and the disposition of the terriers is known. Before Colorado Humane Society will recorwrend a license a complete tour will be necessary. Sincerely, COLORADO HUMANE SOCIETY ;77:-.7.-77.77-21\ je6/77-0-.1 /01/72/27 vl I � ` Nina Dunn � Investigator ND/rte Held to. Moog Comn+issrnn Enclosures 59011 ,m 89th Avenue Henderson. (blontdu 411h40 1113•"19-'h91 • COLORADO DEPARTMENT OF HEALTH s7. °' Richard D.Lamm } `'�'"-�Hvr.`� * (-' * Frank A.Traylor, M.D. Governor /876 Executive Director a ;: NOTICE OF PUBLIC RULEMAKING HEARING BEFORE THE COLORADO BOARD OF HEALTH NOTICE is hereby given pursuant to the provision of Colorado Revised Statutes 1973, 24-4-103, that the Colorado Board of Health -will conduct a public rulemaking hearing on January 18, 1984, commencing in the morn- ing, in Room 412 of the Colorado Department of Health, 4210 East 11th Avenue, Denver, Colorado, to consider the completely revised regulations pertaining to Pet animal and Psittacine Bird Dealerships, and Kennels and Animal Shelters. The proposed public hearing will allow the public co discuss these new regulations established pursuant to Title 25, Article 4, Parts 701 and 1101 et. seq. C.R.S. 1983. These regulations will replace those entitled: Regulations Concerning Pet Animals, Standards for Licensure and Maintenance of Pet Shops, Boarding Kennels and Breeding Kennels, and Rules and Regu- lations pertaining to the Licensure of Psittacine Bird Breeders, Dealers, Wholesalers and Retailers in their entirety. About 510 licensed facilities will be affected. The annual fee -will in- crease from $15.00 to $50.00 for approximately 470 facilities and will remain at $15.00 for about 4O facilities. This will allow for partial reimbursement to inspecting agencies, including local health departments, for their inspection programs. It is anticipated that there will be no increase in staffing, operating, travel and other costs to the department. The owners, managers and operators of affected facilities were represented on committees that have been involved in every stage of the -revision and rewriting of these regulations. Copies of the proposed regulations may be obtained by contacting Zoonoses Control, Division of Disease Control and Epidemiology, Colorado Department of _Health, 4210 E. 11th Avenue, Denver; Colorado 80220. Any interested person shall have the opportunity to participate -in the hearing by submitting written data, views or comments not later than seven days prior to the date of this hearing, or by presenting the same orally. Dated this 25th day of November, 1983. gweit Thomas M. Vernon, M. D. Executive Director Colorado Department of Health V/E:d Legal List 4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333 COLORADO DEPARTM1.._ OF HEALTH NOVEMBER, 1983 PROPOSED KENNEL AND ANIMAL SHELTER REGULATIONS Part I GENERAL 1.1 AUTHORITY These regulations are established pursuant to Tile 25, { Article 4, Part 1101 et. seq. C. R. S. 1983. 1.2 SCOPE It is the duty of the Board to establish by regulation, minimum standards of licensing, importation, physical facilities, sanitation, humane care, disease control and maintenance of records that are, in the opinion of the Board, necessary to carry out the provisions of this Part 11 (eleven) . Such provisions are directed toward preventing and reducing the transmission of zoonotic diseases from pet animals to humans. Part II STRUCTURAL STANDARDS 2.1 EVALUATION OF PLANS 2.1.1 Submission of Plans Detailed plans and specifications shall be submitted to the state or local health department whenever it is proposed to erect or extensively remodel any kennel. Each kennel operator, or person intending to become a kennel operator shall be responsible for submitting all plans and specifications. These plans shall he approved or disapproved by the Department within 30 days of submission. Approval of plans and specifications is necessary before construction begins. Any revision of plans shall be submitted to the Department for review, modification, or approval. 2.1.2 Contents of plans and specifications Final plans and specifications shall show compliance with these regulations and shall include schedules describing the ventilation system, plumbing equipment, and finishes of floors, walls, and ceilings. A plan review form may be obtained from the Department. Plans`need not be professionally drawn, so long as they are in compliance with building codes. 2.2 FACILITY STANDARDS 2.2.1 Physical Facilities Animal housing areas shall be physically separated from places where food and drink for human consumption is prepared, served or stored and from living and sleeping quarters of personnel. Xi • r - I PROPOSED KENNEL AND ANIMAL SHELTER REGULATIONS PAGE 2 2.2.2 Interior Surfaces The interior building surfaces of indoor housing facilities and dog houses shall be constructed and maintained so that they are impervious to moisture and may be readily cleaned. • 2.2.3 Food Storage and Equipment -Washing Kennels shall provide a separate area for washing equipment, sanitizing equipment and for food storage which is adequately protected from contamination. 2.2.4 Electric Power Reliable and adequate electric power shall be provided. 2.2.5 Water Adequate potable water shall be provided. Back flow preventers shall -be installed on any threaded faucets that are used for a hose connection. 2.2.6 Washrooms and Sinks Washrooms or sinks shall be provided to maintain cleanliness among animal caretakers. A two—compartment sink in -good repair shall be provided for washing _and sanitizing the equipment. 2.2.7 Heating Indoor housing for pet animals shall be sufficiently heated when -necessary to protect pet animals from told, and to provide for their health and comfort. The ambient temperature shall be consistent with the requirements of the specific species. • 2.2.8 Ventilation Indoor housing for pet animals shall be adequately ventilated to provide for the health and comfort of the animals at all times. They shall be provided with fresh air either by means of windows, doors, vents or sir conditioning and shall to ventilated so as to minimize drafts, odors, and moisture condensation. Auxiliary ventilation, such as exhaust fans and vents or air conditioning, shall be provided when the ambient temperature is 85tdegrees Fahrenheit or -higher. Animal shelters and pounds built or extensively remodeled after March 1, 1984, shall provide fresh air ventilation providing ten or more air changes per hour in animal housing areas or recycling of air through biological filters. 1 PROPOSED RENNEL AND ANIMAL SHELTER REGULATIONS PAGE 3 t 2.2.9 Lighting Artificial lighting shall be provided. Such lighting shall provide -a minimum of 25 foot candles illuminaton 30 inches lji . above floor level and shall be uniformly distri-buted. Enclosures stall be so placed as to protect the animals from excessive illumination. 2.2.10 Drainage A suitable method shall be provided to rapidly eliminate excess water from animal housing facilities. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors therefrom. If -closed drainage systems are used, wastewater shall be disposed of by connection to a sanitary sewer or any approved sewage disposal system. 2.3 ANIMAL ENCLOSURE STANDARDS 2.3.1 Primary Enclosures Primary enclosures are those animal enclosures in which the animal normally rests or sleeps. Such enclosures shall be structurally sound and maintained in good repair to protect the pet animals from injury, to contain them and to keep predators out. They shall be constructed and maintained to enable the animals to remain dry and clean and provide convenient access to clean food and water. The floors of the primary enclosures shall be constructed to protect the animals' feet and legs from injury. Enclosures for dogs and cats may have wire flooring provided that the gauge of the wire is of adequate size to prevent sagging under the weight of the animals, . the mesh openings are of a size to prevent their feet from passing through the openings, and there is adequate solid surface for all animals enclosed. 2.3.2 Space Requirements Primary enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal to exercise normal postural movements. 2.3.3 Additional Requirements for Housing Cats In all enclosures having a solid floor, a receptacle containing sufficient clean litter shall be provided to contain excreta. There shall also be a solid resting surface or surfaces which, in aggregate, are of adequate size to comfortably hold all occupants of the primary enclosure at the same time. 2.3.4 Exercise Areas for Boarding Kennels One run shall be provided for each eighteen (113) dog kennels, sufficient to allow any dog to break into a run. Two exercise periods per day of twenty (20) minutes each shall be provided. • PA • Y?� PROPOSED KENNEL AND ANIMAL SHELTER REGULATIONS PAGE 4 i 2.3.5 Shelter from Cold Weather Shelter shall be -provided for fi all pet animals -kept outdoors. Sufficient clean bedding material or other means of protection from the weather shall be provided when the ambient temperature falls below that temperature to which the animal is acclimated. 2.3.6 Shelter from Sunlight en sunlight overheating or discomfort, suffici is likely ent shade shall be use provided to allow all pet animals kept outdoors to protect themselves from the direct rays of the sun. PART VII SANITATION 3.1 GENERAL -STANDARDS 3.1.1 Cleaninn of Pet Animal Enclosures Ani=mal wastes shall be removed from primary enclosures daily or as often as necessary to prevent contamination of the animals contained therein and to reduce disease hazards and odors. Cages shall be cleaned by washing all surfaces with a detergent solution followed by a safe and effective sanitizer as often as necessary. 3.1.2 Equipment -clean ] Water and food containers and all other utensils shall be cleaned and sanitized using an approved method such as the use of heat or chemical sanitizing solution. 3.1.3 Waste Dis p l Animal and food wastes, bedding, dead animals and debris shall be disposed of so that vermin infestation, odors, disease hazards and nuisances are • minimized. Stored organic waste shall be removed at least weekly from the facility. 3.1.4 Pens and Pens and runs using sand or gravel shall have such materials replaced as often as necessary. 3.1.5 Premises Buildings and grounds shall be kept clean, in good repair, and free of trash. 3.1.6 Pest Control An effective program for the control of insects, ectoparasites and avian and mamalian pests shall be maintained. b 1 sfir' PROPOSED KENNEL AND ANIMAL SHELTER REGULATIONS PAGE 5 53, 3.1.7 Storage Supplies of food and bedding shall be stored off the floor or in waterproof closed containers and adequately protected against infestation or contamination by vermin. 3.1.8 Dead Animals Animals that die at the facility shall -be stored and disposed of in a way that will not cause a disease hazard or nuisance. PART IV CARE AND HANDLING 4.1 FOOD AND WATER 4.1.1 Feeding, Pet animals shall be fed at least once a day and shall be provided potable water at all times except when under special veterinary care. The food and water shall be free from contamination, palatable, and of sufficient quality and nutritive value to meet the normal daily requirements for the condition and size of the animal. Refrigeration shall be provided for peris-hable food. 4.1.2 Food and water containers shall be accessible to the pet animal and -located to minimize contamination by excreta. They shall be cleaned daily. Disposable food containers may be used if discarded after use. Self feeders may be used for the feeding -of dry food if cleaned regularly. 4.2 CLASSIFICATION AND SEPARATION 4.2.1 Animals housed in the same enclosure shall be maintained in ' compatible groups, with the following additional restrictions: 4.2.1.1 Females in season (estrus) shall not be housed in the same primary enclosure with males, except fox breeding purposes. 4.2.1.2 Any dog or cat exhibiting a vicious disposition shall be housed individually in an enclosure. 4.2.1.3 Puppies or kittens shall not be housed An the same primary enclosure with adult dogs or cats other than their dams, except when permanently maintained in breeding colonies. 4.2.1.4 Dogs shall not be housed in the same enclosure with cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animals. PROPOSED -KENNEL AND ANIMAL SHELTER REGULATIONS PAGE 6 4.2.1.5 Animals ender quarantine or treatment for a t communicable disease shall be physically separated from other animals and other susceptible species of animals in such a manner as to _minimize dissemination of disease. Such quarantine -area should have a • separate ventilation system. 4.2.1.6 Boarded pet animals shall not -be housed with those from -another household unless the -owners have been made aware of and tonsent to this arrangement. PART V -RECORDS 3.1 RECORD KEEPING REQUI-RMENTS 5.1.1 Records of the sale or adoption of pet animals as required in Title 25 Article 4 Section 1104(f) C.R.S. 1983 shall be completed in duplicate, the original to be issued to the . purchaser and the duplicate retained by the kennel operator for two (2) years from the date of the transaction, and shall be available to any inspector authorized by the Department. Such records shall include the date of transaction, species or breed and the name, address and phone number of the purchaser or adopter. PART VI ANIMAL IMPORTATION 6.1 DOG AND CAT IMPORTATION FOR SALE 6.1.1 Dogs and cats may be imported for resale only from out—of—state facilities that are licensed by the U.S. Department of _Agriculture. 6.1.2 Prior to importing dogs or cats for resale from any out—of—state source, the licensee shall receive approval from the Col-orado Department -of Health. 6_.1.3 Interstate Health Certification An official interstate health certificate from the state of origin shall be issued for all dogs and cats shipped into Colorado for resale. This certificate shall include the number, species, type or breed, age and physical description of all dogs and/or cats in the shipment and shall state that all dogs and/or cats shipped are, apparently free of infectious and communicable diseases. Certification shall be by a USDA—accredited, licensed veterinarian in the state of origin. One copy of iG { PROPOSED KENNEL AND ANIMAL SHELTER REGULATIONS PAGE 7 the certificate shall be sent directly to the department as soon as the veterinarian's inspection is completed. PART VII DISEASE CONTROL 7.1 DISEASED PET ANIMALS 7.1.1 Observation and Separation Pet animals shall be observed daily for signs of disease. Any suspected of having an infectious diasease shall be physically separated from other susceptible pet animals until the condition is determined to be non-infectious. 7.1.2 Humane Care Sick or injured pet animals shall be provided with veterinary care et shall be humanely euthanized. 7.1.3 Sale or Transfer let animals with obvious signs of disease, injury or abnormality shall not be sold, traded, -given sway, abandoned, or disposed of in an inhumane manner. 7.1.4 Quarantine The department may order quarantine of any • -kennel in accordance with Title 25, Article 4, Section 1105, C.R.S. 1983. In breeding kennels the department may require the submission of a suitable number of pet animals for laboratory testing to determine if such pet animals are disease free. No compensation for pet animals submitted shall be paid by the department. 7.1.5 Animals accepted for boarding should be currently vaccinated for common communicable diseases for which there is a vaccine. Adequate verification of such immunizations should be obtained by the kennel operator. 7.1.6 Canine -Brucellosis Dogs imported into Colorado as breeding stock by breeding kennels shall be isolated from other breeding animals until a negative serological test for canine brucellosis is documented for each imported dog. PART VIII PET ANIMAL SHELTERS AND IMPOUNDMENT FACILITIES 8.1 SPECIAL PROVISIONS 8.1.1 Except as provided in Section 7.1.2, unclaimed lost animals shall be held a minimum of 72 hours, after which they may be disposed of at the discretion of the facility operator. V 4 ;t PROPOSED KENNEL AND ANIMAL SHELTER REGULATIONS PACE -8 Disposition of animals surrendered or abandoned by their ii owners may be determined immediately. Animals shall be euthanized in a humane manner approved by the Colorado I. Veterinary Medical Association. 8.1.2 Pet AnimalTransportation Standards The department shall establish guidelines for pet animal transport vehicles. These guidelines shall include structural and procedural recommendations far animal control vehicles. 8.1.3 Existing non-profit animal shelters and publiclly-owned animal impoundment facilities shall be given until March 1, 1986, to meet the structural standards required by these regulations. All ot4er partsasf these regulations will be in effect as of March, 1,_1984, 8.2 EXEMPTED FACILITIES. 8.2.1 Publicly-owned animal impound facilities that receive less than 10 animals per month and private, non-profit animal rescue organizations with no shelter facilities are exempt • from the above regulations (Part II-VII) , provided that the following conditions are maintained; 8.2.1.1 Animal enclosures shall be structurally sound, easily cleanable, and provide shelter from the elements. 8.2.1.2 Animal enclosures must be keptclean. 8.2.1.3 Animals shall be supplied with potable water at all times and food at least once daily-. 8.2.1.4 Animals shall be treated humanely. Veterinary care shall be provided as needed. 8.2.1.5 Records on all animal transactions shall le kept for at least 2 years. Case Number USA 595 N�i I L rt, DEPARTrc,ENT CT PL; : .,r_ SE V ICE_ ISN ri +b' 1 IC(.,'� PHONE '3011356-1000 tXL X11 III '"" 2 n -I ' (1 193 31510TH STREET 11 GREELEY.COLORADO 80631 -Weld co. Planning Cyr i mmSSyn a November 21, 1983 COLORADO REFERRAL TO WHOM IT MAY CONCERT!: Enclosed is an application from Lewis Wesley and Barbara Cornell for a Use by Special Review Permit for a dog kennel The parcel of land is described as Lot 11, Block 2, Jo Ann Subdivision The location of the parcel of land for which this application has been submitted is approximately .75 miles northwest of Lochbuie, north of WCR 4 This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be ap- preciated. Your prompt reply will help to facilitate the processing of the pro- posal and will ensure prompt consideration of your recommendations. If a response from your office is not received within 21 days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within 21 days (but wish to do so at a later date) please notify our office to that elfect. Check the appropriate boxes below and return to our address listed above. Please reply by 12/16/83 so that we may give full consideration to your recommendation. 1. We have reviewed this request and find that the request (am/ • does not comply wit our Comprehensive Pin for the following reasons: ' v 4 • 2. We do not have a Comprehensive Plan but we feel this request (is/ is not) compatible with the interests of our town for the following reasons : 3. A formal recommendation is under `consideration and will be submitted to you prior to 4. Please refer to the enclosed letter. Signed Sri Agency (_`7 Date/J//,5=f Thank you ou very much for your help and co-operation in this matter. 4irL Q& /Y/m Michael S. Mullen, Current Planner • MSM:dg COQ RICHARDD. LAMMpe94 JERIS A. DANIELSON Governor H O 1667H •A �`� * State Engineer X876 OFFICE OFTHE STATE ENGINEER /7";:/ DIVISION OF WATER RESOURCES //,/ 1313 Sherman Street-Room 818 i Denver, Colorado 80203 ' — �,;�7C' (303) 866-3581 11 :;u > December 8, 1983 Pei pt nnnink'10n„ J`J cpnc Mr. Michael S. Mullen Weld County Department of Planning 915 10th Street Greeley, GO 80631 Re: Cornell Kennel, USR 596 Section 26, T1N, R66W Dear Mr. Mullen: We have no objection to the applicant's proposal to allow a kennel as a use by special review. We understand this will be primarily a breeding kennel with about 24 dogs at one time. The applicants would use well number 89834 which appropriates water from the Arapahoe formation for domestic and live- stock use. Sincerely, g°D. Si ps n, P.E. Assistant State Ingineer HDS/KCK:ma cc: Jim Clark, Div. Eng. f . Dewayne Schroeder ( .i.IiXc3t c:,..„ ell_ ' La,-7,--1 ,L '- a {/ at/a-ha-tot- Cb-t-rz_c_I-Q , 4.,-i., ;! . -2 Jo c�o -,,,- ,) /, Odi/V.di/V. . _•-r a• (-1}-e--(-1}-e-- aht !, --JJ Cc✓✓7-Le J OA a an_ .,h -e-c-CA2_, of ..Jz 1/.-.O-.4q.e. m ( 0.1.4c,reri e .2kk, u-7-A -``t �zlz (L.D.«eoL , c_.- —,,,Z •�Li co-c2J, L-L; L..;....L.: L . --Le LA../-c,ryn-o�.zn- -A-A' -2.4-,--c-- �v-c-e--icnL. l/ LA-oz CC/14w�1� c c� U GL� c e --ha �Gu . L 42.-o--c-&-z....) ,4c-es4-t- c: /� 5/.41-rte-e-4-11--," g.._. ./.moo �.4 0-W (2/_ar- lei_ .. ..-1 pz..,.-p.a.. .. -O--6 Li - —emu 4r'c, ;Z./LC c249- ,? -C �-J ' � .-11_tea. -- -,L `m.6-L.z -Lk 11202-c-ci yy a-o _-e-e-, L _ 5.**4 tr.", . e'n4-41---ii_, --1/4:Le) c___-. E.....-1/4.--A-0-(-4-6, Lta y��e }'Z/c.v ii-9 GliaLue-,, fzGc•�,. (:=-4r Y C G c / ,JJJ w' I ;''k vi I Ct_ ^i /(✓� J III 1 ? " Wag I inn 4 f .I Weld Co. Planning Commission ( k '1) Ire i c I I ' I . 02:623I I it Meld Co. Planning f;nmmiss On December 19 , 1983 ;veld County Department of Plannini Services 10th 3t . - 2,o 342 Greeley , Colorado 50631 Dear Sir: he have received notice of the request for a permit for a dog kennel by Lewis Wesley and Barbara Cornell on Lot 11 , Block 2 , Jo Ann Subdivision approximately .75 mi . NW of Lochbuie , N. of .JCR 4. de are not in favor of having a kennel established at this residence , although it has been there for years already. We thought they had a permit before . :7e are awakened by barking dogs and -sometimes the smell gets a bit strong during the summer months. Sincerely, 1771/1_, 76-0. 4,---LAL-t--- Mr. & Mrs . Robert Farrer 1042 Bailey Dr. Brighton , Colo 80601 C7. '1 ,1 L __,LI i � , l , Ilt�. - N • 196,1 Weld to. Planning Cnmmissinn February 21 , 1984 Weld County Department of Planning Services 915 10th St. — Room 342 Greeley , Colorado 80631 Gentlemen : This letter concerns the request made by Lewis W. and Barbara J. Cornell for a Special Review Permit for a dog kennel on Lot 11 , Block 2 , Jo Ann Subdivision . We are not in favor of a dog kennel , whether it to called a kennel or not , on this property. We have 5 acres adjoining this property. Dhon1d we ever want to sell it , we could have trouble finding a buyer with 24 barking dogs. in the background besides the smell . Although our home is not right next to this property , we still hear that many dogs barking _luring the early morning and late evening hours almost daily. We do not have air conditioning and have the windows open during the spring, summer and fall . Last summer we were forced to shut windows and eat indoors because of the odor drifting our way. After hearing what was said at the planning commission meeting last week about the violation of 25 out of 36 health standards and humane treatment of the animals , 1 have cause to wonder whether there would be any change in the conditions or treatment of the _logs since they have not upgraded the facilities after 7 years, S)ipuld they be granted a kennel permit, I am also wondering how often the county will inspect the facility and if there is a limit to the amount of dogs they will be allowed to have? We also heard at the meeting about the well being too close to the dogs , and the possibility of contaminating the water sup-ply. They have a deep well , but most of the neighbors aroun-d here are not that deep (about 135-150 ft ) . Could this effect our water supply? Something was also mentione-d about the neighbors never having complained about the kennel before . We was under the impression that they already had a permit . At one time there was -even the name of a kennel on the mailbox. Sincer ly , % °. a 1ICCO - Mr. & Mrs. Robert Ferrer 1042 Bailey Dr. Brighton . Colo 80601 1S23 Weld Co. planning Cammissiou Dec-ember 30, 1983 Weld County Planning Commission 915 10th St. Greeley, Colorado Gentlemen: This letter is in reference to the Permit request for a kennel at Lot 11 Block 2 Jo Ann Subdivision; located in part of the SE quarter Sec. 26, Township 1i Range 66 'r.' of the 6th PM, Weld County Colorado. The Permit request was made by Lewis Wesley and Barbara J. Cornell. We live in Jo Ann Subdivision or adjacent to it. We are opposed to this kennel for one or more of the following reasons : Y. The odor of the dogs , especially during the summer months . The noise made by the dogs , especially in the early morning hours and late at night. Gore in the summer months because we have our windows open. ' / This is a good breeding place for flies , -mosquitoes , and other insects. Should these dogs get loose , we may suffer loss of chickens, ducks etc. Sincerely, /Z // -�° / /- � — ?71 \1 iif iii NI 19c:3�� Yield Co. Planning Commission December 30, 1983 Weld County Planning Commission 915 10th St. Greeley, Colorado Gentlemen: This letter is in reference to the Permit request for a kennel at Lot 11 Block 2 Jo Ann Subdivision; located in part of the SE quarter Sec. 26, Township lh Range 66 'ri of the 6th PM, Weld County Colorado. The Permit request was made by Lewis Wesley and 3arbara J. Cornell. We `live in Jo Ann Subdivision or adjacent to it. We are opposed to this kennel for one or more of the following reasons : The odor of the dogs , especially during the summer months . / The noise made by the dogs, especially in the early morning hours and late at night. Rore in the summer months because we have our windows open. This is a good breeding place for flies, mosquitoes , and other insects . Should these dogs get loose , we may suffer loss of chickens, ducks etc. Sincerely, it r ill n �,nr;r�i „r 1903 J.— . ci, December 30, 1983 Weld Ca. Planning Cammissioo Weld County Planning Commission 915 10th St. Greeley, Colorado Gentlemen: This letter is in reference to the Permit request for a kennel at Lot 11 Block 2 Jo Ann Subdivision: located in part of the BE quarter Sec. 26, Township 1i, Range 66 of the 6th FM, Weld County Colorado. The Permit request was mace by Lewis Wesley and 3arbara J . Cornell. We live in Jo Ann Subdivision or adjacent to it. We are opposed to this kennel for one or more of the following reasons : The odor of the dogs , especially during the summer months. The noise made by the dogs, especially in the early • morning hours and late at night. More in the summer months because we have our windows open. This is a good breeding place for flies , mosquitoes , and other insects . Should these dogs get loose , we may suffer loss of chickens , ducks etc. Sincerely, r _ J7'Ali 2 w 1963 1 / December 30, 1983 Weld Ce. Planning Cemmisslmi ' Vela County Planning Cummission 915 10th St. , Greeley, Colorado Gentlemen: This letter is in reference to the Permit request for a kennel at tot 11 Block 2 Jo Ann Subdivision; located in part of the SD quarter Sec. 26, Township Iii Range 66 ;i of the 6th BM, • Weld County Colorado. The Permit request wns made by Lewis Wesley and 3arbara J, Cornell. We live in Jo Ann Subdivision or adjacent to it. We are opposed to this kennel for one or more of the following reasons : The odor of the dogs , especially during the summer months. X The noise made by the dogs, especially in the early . morning hours and late at night. More in the summer months because we have our windows open. XThis is a good breeding place for flies , mosquitoes , and other insects . Should these dogsfget loose , we may suffer loss of chickens, ducks etc. Sincerely, c____.---)11,,e,7'71 '"+fi 27 1983 Weld Co. Planning aimmission December 30, 1983 Weld County Planning Commission 915 10th _St. Greeley, Colorado Gentlemen: This letter is in reference to the Permit request for a kennel at Lot 11 Block 2 Jo Ann Subdivision; located in part of the SE quarter Sec. 26, Township li Range 66 'r; of the 6th PM, Weld County Colorado. The Permit request was made by Lewis Wesley and 3arbara J. Cornell. We live in Jo Ann Subdivision or adjacent to it. We are opposed to this kennel for one or more of the following reasons : The odor of the dogs, especially during the' summer months . V The noise made by the dogs , especially in the early morning hours and late at night. 11ore in the _summer months because we have our windows open. This is a good breeding place for flies , mosquitoes , and other insects. !/ Should these dogs get loose, we may suffer loss of chickens , ducks etc. Sincerely, • l i� Os.i Ipi Jr, 1,3 +U December 30, 1983 Weld to. Planning Commission Weld County Planning Commission • 915 10th St. Greeley, Colorado Gentlemen: This letter is in reference to the Permit request for a kennel at lot 11 Block 2 Jo Ann Subdivision; located in part of the SE quarter Sec. 26, Township 1L Range 66 W of the 6th PM, Weld County Colorado. the Permit request was made by Lewis Wesley and Barbara J. Cornell. We live in Jo Ann Subdivision or adjacent to it. We are opposed to this kennel for one or more of the following reasons : The odor of the dogs, especially _luring the summer months . v'r The noise made by the dogs, especially in the early morning hours and late at night. ;lore in the summer • months because we have our windows open. V -This is a good breeding place for flies , mosquitoes , and other insects. _Should these dogs get loose , we may suffer loss of chickens, ducks etc. Sincerely, 3 �k. II MIlitc. 9lannin4 commission December 30, 1983 Weld County Planning Commission 915 10th St. Greeley, Colorado Gentlemen: This letter is in reference to the Permit request for a kennel at Lot 11 Block 2 Jo Ann Subdivision; located in part of the SE quarter Sec. 26, Township 1i Range 66 J of the 6th PM, Weld County Colorado. The Permit request was made -by Lewis Wesley and Barbara J. Cornell. We live in Jo Ann Subdivision or adjacent to it. We are opposed to this kennel for one or more of the following reasons : The odor of the dogs , especially during the summer months . 17 The noise made by the dogs , especially in the early morning hours and late at night. More in the summer months because we have our windows open. This is a good breeding place for flies , mosquitoes , and other insects . - Should these dogs get loose , we may suffer loss of . chickens , ducks etc. Sincerely, Moos)O4-nda .c1--- I ; ; Ii '. 4Jeld Co. Planning Commission December 30, 1983 Weld County Planning Commission 915 10th St. Greeley, Colorado Gentlemen: This letter is in reference to the _Permit request for a kennel at Lot 11 Block 2 Jo Ann Subdivision; located in part of the SE quarter ;ee. 26, Township 1N Range 66 W of the 6th PM, Weld -County Colorado The Permit request was made by Lewis Wesley and 3arbara J- Cornell. We live in Jo Ann Subdivision or adjacent to it. We are opposed/to this kennel for one or more of the following reasons : d The odor of the dogs , especially during the summer months. 1,/_ The noise made by the dogs, especially in the early morning hours and late at night. Wore in the summer months because we have our windows open. 7 This is a good breeding place for flies , mosquitoes , and other insects . Should these dogs get loose , we may suffer loss of chickens, ducks etc. Sincerely, ( , ' D-ecember 30, 1983 �.J Weltl Co. 148111:fComm or, Weld County Planning Commission 915 10th St. Greeley, Colorado Gentlemen: This letter is in reference to the Permit request for a kennel at Lot 11 Block 2 Jo Ann Subdivision; located in part of the SE quarter Sec. 26, Township iN Range 66 r; of the 6th ?M, Weld County Colorado. The Permit request was made by Lewis Wesley and Barbara J. Cornell. We live, in Jo Ann Subdivision or adjacent to it. We are opposed to this kennel for one or more of the following reasons : The odor of the dogs , especially during the summer months. ✓ The noise made by the dogs, especially in the early morning hours and late at night. ;:ore in the summer months because we have our windows open. This is a good breeding place for flies , mosquitoes, and other insects . Should these dogs get loose , we may suffer loss of chickens, ducks etc. Sincerely, • December 30, 1983 Weld Co. Planning Cnmmissioa Weld County Planning Commission 915 10th St. Greeley, Colorado Gentlemen: This letter is in reference to the Permit request for a kennel at Lot 11 Block 2 Jo Ann Subdivision: located in part of the Sr quarter Sec. 26, Township li Range 66 ,i of the 6th PM-, Weld County Colorado. The Permit request was made by Lewis Wesley and 3arbara J. Cornell. We live -in Jo Ann Subdivision or adjacent to it. We are opposed to this kennel for one or more of the following reasons: The odor of the dogs , especially during the summer months . The noise made by the dogs , especially in the early morning hours and -late at night. fore in the summer months because we have our windows open. This is a good breeding place for flies , mosquitoes , and other insects. i//Should these dogs get loose , we may suffer loss of chickens, ducks etc. • Sincerely, ( , � ,I � tit tn.-Naomilil �nmmssia December 30, 1983 Weld County Planning Commission 915 10th St. Greeley, Colorado Gentlemen: This letter is in reference to the Permit request for a kennel at Lot 11 Block 2 Jo knn Subdivision; located in part of the SE quarter Sec. 26, Township iN Range 66 'd of the 6th ?M, Weld County Colorado. The Permit request was made by Lewis Wesley and 3arbara J. Cornell. We live in Jo Ann Subdivision or adjacent to it. We are opposed to this kennel for one or more of the following reasons : The odor of the dogs, especially during the summer months. The noise made by the dogs, especially in the early morning hours and late at night. More in the summer months because we have our windows open. This is a good breeding place for flies, mosquitoes , and other insects. Should these dogs get loose , we may suffer loss of chickens , ducks etc. Ai incerel;/,.// /14. / / / ' 3 C MAILING LIST USA 596 Lewis Wesley and Barbara Cornell Durwood and Helena Walker 1322 Bailey Drive Brighton, CO 80601 Robert Ehrlich Warren Farms Inc. 6151 Brighton Boulevard Commerce City, CO 80022 Sheldon and Evelyn Stillman 2090 S. Clinton Street Denver, CO 80213 Donald and Nancy Fetters 1142 Bailey Drive Brighton, CO 80601 Robert and Jean Farrer 1042 Bailey Drive Brighton, CO 80601 SHADE, DOYLE, KLEIN, OTIS, SHAHA&FREY ATTORNEYS-AT LAW SUITE 300 GREELEY NATIONALBANK PLAZA RICHARD N.DOYLE GREELEY,COLORADO-80631 GREELEY TELEPHONE HENRY C FREY (303)353-6700 ROGER A.KLEIN FRED L.OTIS DENVER METRO TELEPHONE WILLIAM E.SHADE (363)659-7576 BRYAN N.SHAHA .I'EUJ C0UfIIY STEPHEN A.REED 5-.\\ February 3,3, 1984 �lli FEB ' Weld County Commissioners Centennial Center 915 10th Street Greeley, CO 80631 Re: Use by Special Review No. 596:83:59/Cornell Dog Kennel Dear Commissioners: Please be advised that I have been retained to represent the in— terests of Barbara Cornell with regard to her request for a Use by Special Review No. 596:83:59. It is my understanding that the Weld County Planning Commission voted to recommend denial of the permit. My client is requesting that you refer this case back to the Weld County Planning Commission for a new and/or supplemental hearing. The reasons for a new hearing are as follows: 1. Primarily, we believe that the rejection of the Use by Special Review by the Planning Commission was premised on incorrect infor- mation from the Weld County Health Department and Humane Society. The Health Department inspected the facility as a licensed kennel, which it is not. The facility may be a "kennel" for purposes of the Weld County -zoning regulations, but it is not a "kennel" for purposes of state law. Further, all references in the packet to the proposed kennel and animal shelter regulations do not apply because they are adopted pursuant to Colorado Revised Statutes, 1973, 24-4-1101, et seq. , from which this property is also exempt because fewer than 20 dogs are sold by the owner per year. 2. Certain new evidence needs to be presented concerning the compatibilty with the existing surrounding land and the compat- ibility with the Weld County Comprehensive Plan. 3. The inspections that were made of the subject property by the Health Department and Color-ado Humane Society were made during t Y n..K,?• d County Commissioners Hruary 3, 1984 J,e 2 time when the weather conditions were extremely unusual. the above reasons, we would ask that you refer this matter -k to the Planning Commission for a new hearing. cerely, Cam_, :d L. Otis orney at Law :rah Ms. Barbara Cornell C NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance , a public hearing will be held in t₹:e Colora Chambers of the Board of County Commissioners of Weld County, Weld County Centennial Center., 915 10th Street, Greeley, Colorado , at the time specified. All _persons in any -manner interested e edrin the Use By Special Review are requested to attend and may d. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may le examined in the office of the Clerk to the Board of County Commissioners , located in Weld County Centennial Center, 915 1Dth Street, Third Floor, Colorado. APPLICANT DOCKET NO. $4-3 Lewis and Barbara Cornell 1149 Weld County Road 33 3/4 Brighton, CO 80601 DATE: February 1 , 1984 TIME: 2 : 00 P .M. REQUEST: Use By Special Review - Dog kennel LEGAL DESCRIPTION Lot 11 , Block 2 , JoAnn Subdivision: located in part of the SEa, Section 26 , Township 1 North, Range 6E West of the 6th P .M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO BY : MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY : Mary Reiff, Deputy DATED: January 9 , 1984 PUBLISHED: January 1r9 , 19-84 in the LaSalle Leader , , / n /-79 OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT. 4200 i P O. BOX 758 GREELEY,COLORADO 80632 O COLORADO iIii:E: fl ?=' ' '= JAN G'rii=,LLA-t, Lewis W. and Barbara J. Cornell 1149 Weld County Road 33 3/4 Brighton, CO 80601 Dear Lewis and Barbara Cornell: Your application for a Use by Special Review for a dog kennel has been recommended unfavorably to the Board of County Com- mi-ssioners by the Planning Commission. The legal description of the property involved is described as Lot 11, Block 2, JoAnn Subdivision; located in part of the SE4, Section 26 , T1N, R66W of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners , it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publish- ing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by January 13, 1984 . If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WJ UNPsaLORADO CHUCK CARLSON, CHAIRMAN I wish to have a hearing on this matter brought before the Board of County Commissioners . I agree to pay for the legal advertising expense. 1 ete Items�, 1.4 y ' 7? 7 5 20 8 • de 1,2, the a RETURN TU. Oil reverse. RECEIPT FOB .7ESTIF..--, AP Ii F, (CONSULT POSTMASTER FOR FEES) N .5:9 ,r 4,,,,E 'k I. 7Te$YravIng service Is requested(check one). ,L- I't , " Stave k whom and Cate CelNered e it 0 Show to wham,date,and address of delivery.. --e 2. ❑ RESTRICTEDDELIVERV a Lewis & Barbara Cornell (The re,rmnd delhery ye n nswged en Mi a, 1149 Weld Co Rd 33 3/4 Brighton, CO 80601 Lewis & Barbara Corner! - 1149 Weld Co Rd 33 3/4 ' i Brighton, CO 80601 I S I Postage — C art ified Fee e' r7rc Vrasnvtbc. ❑ Rw 0 INSURED Special Delivery Fee I', I CERTIFIED ❑CDD ,y^Ji n ^d __-- __ ❑IXPRESS MAIL /ot/ oCf�D Restricted Delivery Fee (Always lathe*palm el addressee or agent) ,— Return Re:eipt Showir.g I hare received the ankle described above. to whom and Date DeI ve a L_ _ _ SIGNATURE ❑Addressee t�❑Ainlwdfed adopt a Return Receipt Showing to whoa II, // GC y r ` Date.and Address of Dehvery et~I' 5. D ELF/ Y °� TOTAL Postage and Fees '$ b I W Postmark or Date o I 4,5 1 8. RESS S ADDRESS(ant' Q`^ m C `o 7. UNABLE TO DELVER BECAUSE:at drille2-371$593 m EI LAND USE APPLICATION SUMMARY SHEET December 20, 1983 CASE NUMBER: USR-596:83:59 NAME: Lewis Wesley and Barbara J. Cornell ADDRESS: 1149 Road 33-3/4, Brighton, Colorado 80601 REQUEST: A Use by Special Review Permit for a Dog Kennel LEGAL DESCRIPTION: Lot 11, Block 2, JoAnn Subdivision; located in part of the SE', Section 26, TIN, R6LW of the 6th P.M. , Weld County, Colorado • LOCATION: Approximately .75 mile northwest of Lochbuie; north of Weld County Road 4 SIZE OF PARCEL: 4.52 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: This case is a result of Violation #351:83:30 where the applicants were found operating a dog kennel without a Use by Special Review Permit. The action was initiated on October 19, 1983. The criteria for review of a Use by Special Review application are listed under Section 24.3 of the Weld _County Zoning Ordinance. Issues of concern within the review criteria are compatibility with existing surrounding land uses and that there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. The Weld County Health Department, in concurrence with the State Health Department, have expressed serious concerns about this operation. A memo from the Weld County Health Department will be presented at the Planning Commission meeting. FIELD CHECK FILING NUMBER: USR 596:83:59 DATE OF INSPECTION: 12-7-83 NAME: Lewis Wesley and Barbara J. Cornell REQUEST: Use by Special Review Permit for a dog kennel LEGAL DESCRIPTION: Lot 11, Block 2, Jo Ann Subdivision; Pt. SE4, Sec. 26, T1N, R66W LAND USE: N 2 vacant lots, 6 residences, 1 mobile home E mobile home, horse barns & corrals, pasture S vacant lot, 1 residence, WCR 4, cropland, high power transmission line W 6 residences ZONING: N Agricultural LOCATION: Approximately .75 miles northwest - E Agricultural of Lochbuie; north of Weld County Road 4 S Agricultural W Agricultural COMMENTS: Subject site is located in the Jo Ann Subdivision, a large lot rural subdivision consisting of 24 lots with 13 residences and 2 mobile homes. Each lot ranges in size from 4 to 5 acres. The subdivision has an easterly slope. Access to the Cornell property is off of Weld County Road 4 (a gravel road) by way of a dirt trail. The unimproved "road" is a dedicated right-of-way, but a maintenance agreement has not been secured with the County. Improvements on the Cornell property include a mobile home, an unfinished outbuilding, storage shed, steel shed, an old trailer house which serves as a dog house, pup pens, dog runs, abandoned trucks and stored equipment. Ten adult Golden Retrievers, six Golden Retriever pups, several fox terriers and geese were present on the property. The Cornell mobile home is only one of two mobile homes in the Jo Ann Subdivision. BY: Gaao2—IS Michael S. Mullen, Current Planner MSM:dg G ' --r- .- — - - _ .._. - 1 .-� I I a 4 Ir'�X 10 j F / ! t % �,i' • I i• I < . ^ I °utI 11 'd f. 11 11 R •\ . • •I• i •es - rM� V\ • xz [ =a • .0.. e. e w x ��7 �o a° n .fro. 3 j z• . • x> • I 1 I . ,,..„ 5 '.,, ,t . n z rr 1 Is n30 x =, x• a 24 ° ICI �:a ' ; 30 a .t • •1 •• •A l4 _ 1 _ r .O.!,!,,,. l • • ., ` _ _,_._ _. v s. j ,I • >• 31 az » . as 340 u•.. a • • I Ii •* • s , • I c 2 I . ,L..)• a • 1u.. P ®II . I -- . I . 1.7.1 • �. 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Application Checked by f0Siy CI, Fee /SS sass— Receipt Number 13 I'd_7 Recording Fee /O'er` Receipt Number Si S I kid Co. Kooning Commission TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the weld County Board of County Commissioners concerning the pro- - - - posed Special Review Permit of the following described unincorporated area of Weld County Colorado: La+ 01 dloc&2, YnnOwNNSaAocIiJiSic LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:T. S F 1% Section ,, (3 -T—LN, R W . LEGAL DESCIPTION oflcontiguous property owned upon which Special Review Permit _ R':4 is proposed: 5['_ A, Section,z(jj T N, R46 W F"taf:.#"'wsit- tr. Property Address (if available) //94/ F7 ? BA C?i,1JA r' Co Y/40/ PRESENT ZONE 4 OVERLAY ZO ES ,ci/'Y TOTAL ACREAGE Y, ..5--..2_,, PROPOSED LAND USE 7!-;,,,,,,_,o-F-- =-jrciA z_ _ A EXISTING LAND USE /Fa- -,n.,a„,zG f /<24,,,,r4 SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: AddreName:ss: : 1110- R,r�Q�Aar, Cit 7' .,/r,%+ 7 ✓e Zip ?&40/ Ho # ' �� y—, Home Telephone #/p n— '{—aA >pusines�e # -5-,a,..„,,,_ Name: Address: City Zip Home Telephone # Business Telephone # Name 4.1 .+a*1:.:. Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Address: City Zip Hone Telephone # Business Telephone # Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld Count./y_ Assessor's Office: Name: a,( r, .isC 51O /eb e-Cq-/) Address: City =ir Name: Chile-, L locill&ci tail `F' in,i4 or&[ �r4�T5) Address: f 'n ,2 h,.}- I city c— e, yip Name: Address: City Zip I hereby depose and state under the penalities of perjury that all statements, --""'4"2 "'''',a'-i'445.'"4,04,45,,., proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. -4450:5- COUNTY OF WELD ) STATE OF COLORADO ) f/7 Signature: 0wner pt Authorized Agent * 19 V,'3 Subscrih=_d,�nd sworn to before me this 1l day of v\r, L.c..ai,„, . 2O\r.Y..\ C.-a SEA: N AR PUBLIC My commission expires My Commission expires Feb 73,1905 a To the Weld County Board of Commissioners We are applying for a special use permit for a flog kennel. the area is now zoned agricultural. We have a breeding, showing and field kennel of Golden Retrievers. I have been breeding and showing Golden Retrievers since 1967. I am a member of Mile-Hi Golden Retriever Club, The Golden Retriever Club of America, Greeley Kennel Club and Colorado Dog Fanciers. . aAs a member of Colorado Dog Ianciers I am allowed only three litters or 20 puppies per per years. I am not allowed to buy for resale. The Doe Fanciers have inspected my kennels. There is a horse boarding stable behind us on lot 2. Their house is over 350' from our structures. Lot 3 is empty. Lot 4 is raising pgs and sometimes sheep and goats. Their house is over 500' from our structures. Lot 12 is empty. tot 1 has a house on the front part of the lot well over 500' from our structures. The kennel is run by the family. There will be about 24 dogs at one time There are kennel runs on the property that have been there since 1977. We have a small kennel building 8 by 28 that has been there for four years. There are just passenger cars on county road 33 3/4. Amimal waste is removed to another area of the property are buried as often as necissary. Other waste is removed with a pickup and taken to the dump. . 818 Ca:Wiwi, .dg., Iii 2,nrrni, , u'u,, i, s.i n ui0u., uOcvd _ ci Uri' 2 PERMIT APPLICATION FORM pC�i�,vEI I Application must ILL be complete where ( gg) A-PERMIT TO USE GROUND WATER _ applicable. Type or ( %f) A-PERMIT TO CONSTRUCT A WELL ) g� i`t ` ` print in BLACK FOR: ( X) A PERMIT TO INSTALL A PUMP ' INK.No overstrikes WAIL RtsiohI or erasures unless ( ) REPLACEMENT FOR NO. Lpg1t1C• initialed. ( I OTHER WATER COURT CASE NO. • (1) APPLICANT - mailing address FOR OFFICE USE ONLY: DO NOT WRITE INTHIS COLUMN! • NAME Vesley Cornell Receipt No. • / STREET 531 E. 99th Place Basin Dist. CITY 'PhD rntnn, Cn1o_ 80229 (state) (zip) CONDITIONS OF APPROVAL TELEPHONE NO. 451-8108 This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of *he permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water County yield (JoAnn Sub Lot II,-Block 2 right from seeking relief in a civil court action SE v. of the SE '/4, Section 26 - Twp. 1 N Rng. 66 W 6th P.M. Nat LE (+I Install plain (non-perforated)casings from (3) WATER USE AND WELL DATA surface down to a minimum -depth of3Oo jest - and properly sealed to prevent the pumping IX appropriation of tributary waters. �� Proposed maximum pumping rate (gpm) 1 5GPh1 Average annual amount of ground water 2 to be appropriated (acre-feet): Number of acres to be irrigated: ,1 acre Proposed total depth (feet): 1+00 f t' Aquifer ground water is to be obtained from: Owners well designation GROUND WATER TO BE USED FOR: ( I HOUSEHOLD USE ONLY - no irrigation (0) 1 70 DOMESTIC 111 I ) INDUSTRIAL (5) ( XI LIVESTOCK (2) ( I IRRIGATION (61 ( 1 COMMERCIAL (4) ( I MUNICIPAL (81 ( 1 OTHER 191 APPLICATION APPROVED DETAILTHE USE ON BACK IN (11) 8JOu4 PERMIT NUMBER O:7 •w• yr (4) DRILLER n DATE ISSUEU _. AP_E��� Name .'iPstprn "e1 ]„_Ilr111iIlgriRC.. EXPIRATI ATE .AER 20 79 Street 11299 Brighton Road /� nuitt2 City Henderson, Colorado 8061{0 I) (STATE ENGI ER) (state) (lie) Telephone No. 288-2247 Lic. No. 902 BY _ I.D. _._. COUNTY tU, I IlL Llll.tsI ILJIV Vi I IIL I NVt iI.:LV iv.. J "+.' d t 1O) f =vLl Lr l vl [SL LUL1 LL a �U UV which the water will be used musts indicated on vie diagram below. I by dist -es from section lines. Use the CENTER SECTION (1 '!0: 640 acres) for the well location. jam„ L- -___-ft. from nn th - sfc. line to ,r th or south) I I IL-- 1 MILE,5280 FEET 1 870 ft. from East sec. line (east or west) 1- 4' 't + +" -t- .i- 1LOT 1 1 BLOCK 2 FILING a 01 505 I I ' I I -I _ I NORTH SECTION LINE + _ SUBDIVISION .In inn 1 (7) TRACT ON WHICH WELL WILL BE I I LOCATED kNORTH I Owner: Vlesley Cornell +- z - T - - + - -a -+ No. of acres 4. 52 Will this be J cn -,zI . 2 m the only well on this tract? Yee'T I -11 U I 1 rt _i —I_ _ _1_ w o (8) PROPOSED CASING PROGRAM N 2 I a r Plain Casing 2 f ' — ( m + 6 5/8 in. from +2 ft. to 3n0 ft. I I X I in. from ft. to ft. _ I I _1 Perforated casing — —I— ISOUTH SECTION LINE I I 6 5/8 in. from 300 ft.to 400 ft. + -1- i- -f 4- 4 -- -4- --+ in. from ft. to :t. I I I (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging = { } { - —I-- + - it: The scale of the diagram is 2 inches = 1 mile iJ/n J Each small square represents 40 acres. . WATER EQUIVALENTS TABLE (Rounded Figures) An are foot covets I acre of land 1 loot deep 1 cubic foot per second lets) 449 gallons per nunute Igpml A family of 5 will roll uve approximately 1 acre-foot of water per year. 1 acre-foot 43.560 cubic feet . . 325.900 gallons. 1,000 gpm pupped continuously for one day produces 4 42 acre-feet. (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): Lewis .7esley and Barbara J. Cornell No of acres: -4. 52 Legal description: Lot 11 Block 2 Joiinn Subdivision Si - of the Srr; of .� ,o nu nu y oect2on 2 , �' l 5, 'TT C' e ,e n I (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. Household use, lawn, garden and livestock. Septic. (12) OTHER WAT-ER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for(purpose) Description of land on which used id A N/A - _U/A_ (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KN EDGE. ci (A>...,._,L ..) aaael,„,___Co,.„.,,,c SIGNATURE OF APPL ICA (5) Ito. additional d,nntc of n inn, if nv,rr -ir;, "..•,.,rl l REFERRAL LIST APPLICANT: Lewis Wesley & Barbara Cornell CASE NUMBER: USR 596:83:59 SENT REFERRALS OUT: 11-21-83 REFERRALS TO BE RECEIVED BY 12-15-83 C m z z z o z o ff OH F C4 C W 0 Fl H WO O Z F al Z UO2 Pz o W H p t . ti W v7 ] W zMI H U) H O U O O.'r O U O a h'7 U W U O W ral O O W Z U/] W' Z W 0 z v7 x Z County Attorney (plat only) / Town of Lochbuie * Planning Commission / Weld County Health Department Rt. 4, Box 99 ✓/ _z__ Brighton, CO 80601 Engineering Department 659-1395 X `— County Extension Agent * Need response back by 12/16 Colorado Geological Survey J Bill McMurray 1313 Sherman Street Weld County planning Commissio: Room 703 Box 161 Denver, Colorado 80203 Brighton, CO 80601 659-1141 I / Humane Society of Weld County `// 23700 Colorado State Hwy. 263 Greeley, CO 80631 / Dr. John K. Emerson, D.V.M. XStatngin Engineer / Colorado Dept. of Health DiviesioEn of Water Resources ;;;/// 4210 East 11th Avenue 1313 Sherman St. , Room 818 Denver, CO 80220 Denver, Colorado 80203 (24 dogs) Colorado Humane Society State Highway Department—I 7 5901 East 89th Avenue 1420 2nd Street Henderson, CO 80640 Greeley, Colorado 80631 289-2891 Colorado Department of Health / Brighton Fire Protection Dist. Water Quality Control Division / 22 South 4th 4210 East 11th Avenue VVV gighton, CO 80601 Denver, Colorado 80220 COL' - lite RV'CES r i (ti d(� 6 PHONE 130313',64000 Ex i -40(1 `-115 10TH STREET if GREELEY,COLORADO 80631 ;;, ® CASE NUMBER USR 596 • COLORADO REFERRAL November 21, 1983 TO WHOM IT MAY CONCERN: Enclosed is an application from Lewis Wesley and Barbara Cornell for a Use by Special Review Permit for a dog kennel The parcel of land is described as Lot 11, Block 2, Jo Ann Subdivision The location of the parcel of land for which this application has been submitted is approximately .75 miles northwest of Lochbuie, north of WCR 4 This application is submitted to your office for review and recommenda- tions . Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations . If a response from your office is not • received within 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 days (but wish to do so at a later data) please notify our office to that effect . Check the appropriate boxes below and return to our address listed above. Please reply by 12/15/83 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter . 1 . '---- We have reviewed the proposal and find no conflicts with our interests . _2. A formal recommendation is under consideration and will be submitted to you prior to 3 . Please refer to the enclosed letter. Signed g Agency Date I �iLl dc�n ,/� • H.! ! ULi Michael S. Mullen, Current Planner �.'.,y Pk 11191W W.Ir ' MSM:dq RICHARD D. LAMM 4 uA �9 JERIS A. DANIELSON 1667H Governor h D State Engineer % s_ 876. s /U+`_�./. .. OFFICE OF THE STATE ENGINEER /rrl.'ci DIVISION OF WATER RESOURCES ,r P ; ;r 1313 Sherman Street-Room 818 �,l �'�(,�i .� � 5'/' Denver, Colorado 80203 , (303) 866-3581 �� - f;3 December 8, 1983 p e& r �o. 'viipiqe *00/se Mr. Michael S. Mullen Weld County Department of Planning 915 10th Street Greeley, CO 80631 Re: Cornell Kennel, USR 596 Section 26, T1N, R66W Dear Mr. Mullen: We have no objection to the applicant's proposal to allow a kennel as a use by special review. We understand this will be primarily a breeding kennel with about 24 dogs at one time. The applicants would use well number 89834 which appropriates water from the Arapahoe formation for domestic and live- stock use. Sincerely, Hal D. Simps n, P.E. Assistant State Engineer HDS/KCK:ma cc: Jim Clark, Div. Eng. Dewayne Schroeder REASONS FOR VOTING: Sharon Linhart--No, because her feeling is that Mrs. Cornell deserves a chance to upgrade her facility and a chance to pursue her hobby in the subdivision. It appears, from the photographs that have been submitted, that the subdivision is an agricultural type subdivision in which other animals are being raised. She is not sure that neighboring horses, cows, -pigs, etc. , are any more of a nusiance to neighbors than are Mrs. Cornell's -dogs. However, she is very concerned about the standards that our Health Department, and others, have found there. She is concerned about the welfare of the dogs, but she feels she (Mrs. Cornell) does deserve to have a chance to Trove herself to us. Louis Rademacher--No, for the same reasons as given by Sharon. Bob Ehrlich--No, because he feels his reasons are best summed through the recent T.V. commercial where the little lady steps up to the counter and says, "where's the beef?" His question is where's the subdivision?" (fin" Nal 0 To Ronald K. Stow, Director of Date Feb. 14, 1984 Environmental Health COLORADO From Thomas J. Wodtke, Environmental Health Specialist Subject: USR-596-CORNELL This memorandum is for the purpose of updating my previous memorandum, dated December 15, 1983. On January 23, 1984, I made an inspection of the Cornell site, escorted by fir. Cornell. At that time, I noted the following: 1. 11 (eleven) Golden Retrievers adults, 5 (five) Golden Retriever pups, 5 (five) Terriers (Irish Short Hair) , and a variety of geese, ducks, and cats. 2. The well head located within 10 feet of the nearest animal enclosure. 3. No fresh water available to any of the animals. 4. Dirty water pars, some with frozen water inside, most empty. 5. Large amounts of waste buildup (apparently, the snowpack of the inspection dated December 15, 1983 had covered up much of the waste. There was no evidence of waste removal upon my January 23rd inspection.) r 6. Very small (compared to adult retriever size) animal shelters, which could not allow for normal postural movement of one adult retriever. Similar shelters were present in runs housing 2 (two) adult retrievers. ?_ The trailer, used for retriever pups and terrier shelter, revealed a sub-standard floor smattered with sawdust, lack of ventilation (outside temperature was too cold to open window and door vents and maintain warmth) , and a lack of space which would not allow for the general comfort and normal postural movements of the retrievers or terriers. page/2 As this site may not come under kennel licensing requirements (provided personal animals are sold, in amounts of less than twenty per year) , the site does have questionable operations when viewed as a pet or hobby breeding facility.On both occasions of inspection, no fresh water was available to the 21 animals. A clean source of water should be available to pets at all times. In foul and extremely cold weather, pets should be provided an opportunity to be sheltered. The shelters available to the adult retrievers do not appear sufficient to adequately house one dog, much less two (four runs contain 2 adult retrievers) . Animal waste buildup was extremely high, possibly, in part, due to weather conditions in December. Apparently, waste removal is not a high priority at this site. This poses a very real ground water hazard, as the well head is located within 10 feet of the nearest run, and according to the percolation test performed on the Cornell property (see attachment) , the site has a very fast percolation rate (any faster rate would have rendered the site unsuitable for an absorption system Weld County Health Department, Individual Sewage Disposal System Regulations, July 1, 1983) . This point may be better focused when it is realized that one forty pound dog has a Biological Oxygen Demand (B.O.D.) equal to that of a human (Emersen, John K. , D.V.M. , Memo, 10-1-75) , and all of the animal enclosures are floored with gravel. In conclusion, reasonable, humane care is not, from my inspections, being exercised at this site with regard to pet or hobby animal boarding and breeding. TJW/jkm attachment Grote Ca!moJo Pt.RMIT NO, V • Ili. ';3-O54O -- A1•Itlicntiult` �(r�r Ucrntit to Install, Canstrurl, on lndivi(Iunl SCwogc Disposal System. 0,.rt,.r (dO-15 I E�y C'c r raf/1 Address j��/t; j%-/�; 1,,,-„•k7't -RI—,PI(The / Phone Direction to site: Hwy -Rd N_mi., C_nti., S_mi., W mi. c4tired c41 124. i4 , ti W. at a7 ' : tJ r,Ae 4 e..L..t kA . 4, Lego? Description: Pin_ St` 4 Scc.Q ! , TL N, FGb_W Subdiv. C-c�1 N �'ta t Lot ©Ik Grimm! Information t ' r '.:6 .r .l, :I...,! .;,: PCP ` . -if No. Ltolhs. 13nscn,rr,t PlumbingA'a • - •• Yf.er�;`f'aia-.! vg:. M� �.r .::" ;fir.'-:.;'..,..: X5-7 / )( .4/311 y Soil T•ypc._.c�Size of Lot .___ r r / HA) Tnble Depth .. .5 H;O supply fif well disc rlcpihl : •: 1/ :,�`•-'02`7✓• �/� ..rr- +k: _._t '••••44..._! - — Lou: Grade &3'9;1'g V:i.s;,•ti _. 1:.:,. ':.r�, .New 'Herne V= Mrltilc I•Iome --..kf kIt.ilor ` 'Add'n - :; "' i i. -s - Requires Cnginecr:. Design; Yes No Type of sewage i.posol rcqucsteji:`__•_--•` = _ -- 111 yes -- reason • Septic tusk._ Privy._ _.Other_ ltr •s 1 s i (, (-Or' 1 i 1,/ i (tr, i •II,r -:I/•,•I('rrt !t � -- Comments: V. Nt'l rt:. ti-,r it 'ft'•i'' r •1^ P ub!re. .SCLUGr- +Ii Installation Instructions: (Minimum Requirements) 11 t, i; I Set-tic Tank, 7.5 Gals. Absorlitior) Trenches: "375- Sq. Ft. f 0:tier 'or S Seepage hell. / .1.- Sq. Ft,I)cCiar Instruction; "I his s‘stern ts'ill he ct liclrurled and installed in accordance with 1hc.-oltw•e spccif.icoiions..and. regulations .re- �,tlttrtling individual sc(s'uge (Ircposnt. systems in Weld County, Colorado • • f This 1�crntit shall r^.i.irt• al II,1` cttmr' tune as lilt! building permit, or, if no building 'g l q permit',i issue"• ,e;. permit :' shall expire I 2 dove,aller its jssuancc, if ronsiruclion has not b'.cn commenced) - 4 • Date:. 1 Owner: t/rte,-.� v° '' •. . Appl1(an1:_ . The. (,Ions and specifications as shown ore approved pending payment of permit fee. I. Dote: ,521 177 '' i, Sanitorinn 1 h •!I•r1%r) :T•[Ien'. :nV•.'' Ir',1 t::,,I It`lrrul In comply will-. j)It7rt ar,(l (tt`';rrij)li(,+1. Sanilorjan, (n ?inCcr Review: _ _ __________ IS,.p,olur I _ • Permit Fee: T, Ste` _� / i j\ , Received by' • ,: Rtryi,l,el : j •/ Dale: �?jut-e r- of /f�77 • J I • ti ,•i Colorado Department of Frank A. Traylor, Jr, M.D. _Health Executive Director 4210 East 11th Avenue Denver, Colorado 80220 December 6, 1983 Phone(303) 3 20-8333 Mr. Michael S. Mullen, Current-Planner Weld County Dept. of Planning Services 915 - 10th -St. Greeley _CO 80631 Dear Mr. Mullen, Regarding your request for input relative to Lewis & Barbara Cornell 's application for a Use by Special Review Permit fora dog kennel , this Department -has the following comments: The plans submitted to this office were completely inadequate for proper evaluation of compliance with Health Department facility standards. The Department would need information on interior • finish schedules, plumbing and electrical layouts, sewage disposal systems specifications, ventilation system specifications, and other structural requirements before plan approval could be given. , I checked with -Ron Stow, Director of Environmental Health, Weld County Health Department, and was informed that the facility was a long way from meeting our minimum standards. Based on this information, I would recommend against the classification of this facility as a bona fide dog kennel . Since ly, en Mesch, -R. S. Zoonoses Lontrol Office KM:d y.cc: Ron Stow qttEIVED SAN'TATION DIVISION [cirlr7 r- ,;,-7.,i In i u . j 3 Z C i 19 ;3 WELD�OiNIY KO EFL — WcId Co. Planning Cammissiou . . _ .,,:-) imi,- (,/,� mEmofi ©u hike To Michael S. Mullen, Planning Date December 15, 1983 COLORADO From Ronald K. Stow, Environmental Health ,, i Subject: USR 596/Cornell Dog Kennel Please refer to the attached report by Thomas Wodtke, Weld County Health Department, Environmental Health Specialist, _concerning the conditions found at the existing Cornell Kennel. Based upon his information, we recommend for permit denial if the facility is to be considered for kennel licensing. However, by recently enacted legislation (Senate Bill 198) , this facility would be exempt from standards and licensur-e requirements if the dogs are Dsed for show purposes only and are not sold. • .7 ll:.r FM i L \ ..1 1�? DEC 1 1S83 ,r, -, Weld Co. Planning Cornmissior IT (t/1i mEm®RAn®um Ir 1933 Wilk Weld Ca P�a,(in rJ,a, Commissim; ro Ronald K. Stow, Director, EHS od1e December 15, IM COLORADO From Thomas Wodtke, EHS Specialist Y'�pGS Subject. USR 596 - Cornell This is in response to the application from Lewis and Barbara Cornell for a use by special review permit for a dog kennel (Case Number USR 596). An inspection of the site (lot 11, block 2, Jo Ann Subdivision) by Mr. Wes Potter, EHS Specialist, and myself revealed the following: 1. Approximately: 20 full size Labradors, 15 Lab puppies, and about 15 Irish short hair Terriers. 2. Well head located within 20 feet of runs, posing a potential hazard to ground water. 3. Crowded conditions throughout. 4. Inadequate shelter at least for the full size Labradors, and crowded shelter for the Terriers and Labrador pups. 5. No water available to any animal at the time of inspection. 6. Buildup of animal waste materials in the runs. Although there was snow pak from recent snowfall, evidence showed a general high buildup before each routine cleaning. 7. In general, dilapidated structures, fencing, and enclosures exist for all animals concerned, with relatively little room for the Labrador's normal postural movements. 8. Barbara Cornell stated that none of the animals were ever sold - that all were registered, and that they were for show purposes only. Mrs. Cornell also stated that the existing structures were to remain as is, and that the addition of more animal enclosures (as noted on the blueprint) may occur some time after being issued a license. The main reason for this USR 596 is to legalize their current animal population. It is our opinion that person(s) licensed to operate a dog kennel via special permit will do so with a great deal of professionalism. As shown by the enclosed Kennel Inspection Form, there appears not only to be a * question as to the breeding of so many dogs for show purposes only. There- fore, our recommendation is against the approval of this Use by Special Review Permit (USR 596) , at least until their existing facilities are upgraded to current standards. TW/br * . . . general lack of professionalism, but as well a. . . COLORADO DEPARTMENT OF HEA. j Public Health Veterinary Section -1 " i '-„ ; ;_ x'7'1'-' 1 4210 East 11th Avenue — = I 0( ` Denver, Colorado 80220 II ``I --_ IC 1903 KENNEL INSPECTION FORM L.111" z� County Business Name Weld Co. Planning Commission Date /a —/— 3 Business Address // ' XP j '/� Ae'cnrr,i)� 8-0,(0/Kennel License No. Owner L�Wjs W. AD /1,o1A,o_S eNCLr (x) Indicates a vt.os..c. ion ob -the Cofonado Pet Shop and ' Boa&dLng KenneP statute, /Leguac:lon, and/on &tandaiLd. 1 . Kennel Buildings d(>C) handwashina facility properly a(>Q structurally sound equipped b(y) floors and walls smooth, impervious e 6Q adequate hot and cold running water c () adequate floor drains - properly sloped f( adequate sewage disposal d( ) adequate natural and artificial light TEA no accumulation of debris or excreta e( <) adequate heating system h soil-ed gravel or sand replaced f( ) adequate ventilation i O presence of insects or rodents gb0) enclosures of adequate size j(\) grounds kept clean h@<) enclosures smooth, impervious i(>4 outdoor runs sloped to drain 4. _ Food and Water a '--7- dequate daily feeding 2. Dog Shelters ) food stored in a sanitary manner a(Tanimals protected from sun, snow, rain, c ) perishable food refrigerated and cold weather % ) safe, sanitary water supply b(5( structurally sound, in good repair e 1 potable water available to animals c(X) inner surfaces smooth and impervious at all times d(>4 adequate size e$4 adequately heated and/or bedded 5. General Requirements f clean a(}facilities separated from food service, living and sleeping quarters 3. Sanitation ) sales records kept for two years a ) separate and adequate service room ) sick animals isolated and veterinary . ► adequate cleaning and sanitary care provided facilities Name of veterinarian: c()<) proper cleaning and disinfecting of: equipment (> enclosures ( c) floors and walls Comments 115 (3RLD OPoA) zfuspection) or cv /ZC/VT 4A/1/17 6t- /t)c..Cr).sU/2F.S / LOT // /5 cor } z Cc 1- -- cx H —;o4— --ate c-ejejcc© ) 602,,, /24-76 �� c .�j c;ittc Operator E ironmentalist { , j 6 . i, j Colorado • Humane 41‘ Society December 18, 1983 Department of Planning Services Weld County Centennial Center 915 Tenth street Greeley, Colorado 80631 Dear Sirs, On December 14, 1983 I visited the property of Lewis W. -and Barbara J. Cornell at the request of the Planning Services. Previously I had spoke with Barbara Cornell, on December 10, 1983, I requested permission to tour the property and was declined. I viewed said property from the public access. In plain view was a raa of runs with Golden -Retrievers inside each run. The animals dishers were overturned, some appeared frozen into the ground, there was no clear way of supplying potable water to the dogs. �'he runs were not sanitizable and were not clean. The shelters were frozen into the ground, the doghouses -did not appear moisture impervious, nor did they appear bedded for warmth. The fencing may not be safe and does not meet proposed kennel standards. The entire properties appeared unkept and sun down. New kennel reconuendati-ons from the State are expected to pass in January, a copy has been supplied. The Taragold Kennels will-not meet those standards nor do they in the opinion of this Bociety meet -the standards -needed in a professional breeding operation. Based on what was seen we suggest a decline of license until properties are upgraded, conditions changed, and the disposition of the terriers is known. Before Colorado Humane Society will recommend a license a complete tour will be necessary. Sincerely, COLORADO HUMANE SOCIETY _ - `771 . 7 If1-11 \ 1 euiza-Hu-z/z/27Nina Dunn I ` �,`v 9 , �C, ^ 'IIJi Investigator Lt J ND/ME ' ciU tu. ri?imi;l�. �nlnntisslm, Enclosures 5VU1 L.aa soot I l_ndfpon. Colorrado k('610 3U?.2k) ?Sql .oYC0z `^t o COLORADO DEPARTMENT OF HEALTH t ; Richard D.Lamm lt " u Frank A.Traylor,M.D. � f R Governor 18 76 Executive Director is NOTICE OF PUBLIC RULEMAKING HEARING BEFORE THE • COLORADO BOARD OF HEALTH NOTICE is hereby given -pursuant to the provision of Colorado Revised Statutes 1973, 24-4-103, that the Colorado Board of Health will conduct a public rulemaking hearing on January 18, 1984, commencing in the morn- ing, in Room 412 of the Colorado Department of Health, 4210 East 11th Avenue, Denver, Colorado, to consider the completely revised regulations pertaining to Pet animal and _Psittacine Bird Dealerships, and Kennels and Animal Shelters. The proposed public hearing will allow the public to discuss these new regulations established pursuant to Title 25, Article 4, Parts 701 and 1101 et. seq. C.R.S. 1983. These regulations will replace those entitled: Regulations Concerning Pet Animals, Standards for Licensure and Maintenance • of Pet Shops, Boarding Kennels and Breeding Kennels, and Rules and Regu- lations pertaining to the Licensure of Psittacine Bird Breeders, Dealers, Wholesalers end_Retailers in their entirety. About 310 licensed facilities will be affected. The annual fee will in- crease from $15.00 to $30.00 for approximately 470 facilities and will remain at $15.00 for about 40 facilities. This will allow -for -partial reimbursement to inspecting agencies, including local health departments, for their inspection programs. It is anti-cipated that there will be no increase in staffing, operating, travel and other costs to the department. The owners, managers and operators of affected facilities were represented on committees that have been involved in every stage of the revision and rewriting of these regulations. Copies of the proposed regulations -may be -obtained by contacting Zoonoses Control, Division of Disease Control and Epidemiology, Colorado Department of Health, 4210 E. 11th Avenue, Denver, Colorado 80220. Any interested person shall have the opportunity to participate in the hearing by submitting written data, views or comments not later than seven days prior to the date of this hearing, or by presenting the same orally. Dated this 25th day of November, 1983. Thomas M. Vernon, M. D. Executive -Director Colorado Department of Health V/E:d Legal List • 4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333 l''-‘44-44..44 4. ;1 s NOVEMBER 4 COLORADO DEPARTMENT OF HEALTH 3; PROPOSED KENNEL AND ANIMAL SHELTER REGULATIONS Part I GENERAL 1 1.1 AUTHORITY These regulations are C R. established pursuant to Tile 25, Article 4, Part 1101 et. seq. 1.2 SCOPE by n, It is the duty of the Board to establish importation,t lze eg uullattioio minimum standards of licensing, ttiose phsioa al and facilities, sanitation, humane care, maintenance of records that are, in the opinion of the B necessary to carry out the provisions of this Part 11 ant 11dCe Such provisions are directed toward preventing uc transmission of zoonotic diseases from pet animals to hu Part II STRUCTURAL STANDARDS 2.1 EVALUATION or PLANS 2.1.1 Submission of Plans Detailed plans and specil shall be submitted to the state or local heals whenever it is proposed to erect or extensive. kennel. Each kennel operator, or person inte become a kennel operator shall be responsible submitting all plans and specifications. The be approved or disapproved by the Department of submission. Approval of plans and specifi necessary before construction begins. Any re plans shall be submitted to the Department fc modification, or approval. 2.1.2 Contents of Tans and s ecifications Final F specifications shall show compliance with theth and shall include schedulesdescribing a and finishesof vc system, plumbing equipment, be s of and ceilings. A plan review form may bt eed not be Department. Plans areninnessionall compliance with long building 2.2 FACILITY STANDARDS 2.2.1 Physical Facilities Animal housing ng where food as sh physically separated from places, served or stc human consumption is prepquarters of personnel. living and sleeping E[[. It PROPOSED KENNEL AND ANIMAL SHELTER REGULATIONS PAGE 2 4, 2.2.2 Interior Surfaces The interior building surfaces of indoor ti; housing facilities and dog houses shall be constructed and maintained so that they are impervious to moisture and may ';. be readily cleaned. • 2.2.3 Food Storage and Equipment Washing Kennels shall provide a separate area for washing equipment, sanitizing equipment and for food storage which is adequately protected from contamination. 2.2.4 Electric Power Reliable and adequate electric power shall be provided. 2.2.5 Water Adequate potable water shall be provided. Back flow preventers shall be installed on any threaded faucets that are used for a hose connection. 2.2.6 Washrooms and Sinks Washrooms or sinks shall be provided to maintain cleanliness among animal caretakers. A two—compartment sink in good repair shall be provided for washing and sanitizing the equipment. 2.2.7 Heating Indoor housing for pet animals shall be sufficiently heated when necessary to protect pet animals from cold, and to provide for their health and comfort. The ambient temperature shall be consistent with the requirements of the specific species. 2.2.8 Ventilation Indoor housing for pet animals shall be adequately ventilated to provide for the health and comfort of the animals at all times. They shall be provided with fresh air either by means of windows, doors, vents or air conditioning and shall be ventilated so as to minimize drafts, odors, and moisture condensation. Auxiliary ventilation, such as exhaust fans and vents or air conditioning, shall be provided when the ambient temperature is 85 degrees Fahrenheit or higher. Animal shelters and pounds built or extensively remodeled after March 1, 1984, shall provide fresh air ventilation providing ten or more air changes per hour in animal housing areas or recycling of air through biological filters. 2.2.9 Lighting Artificial lighting shall be provided. Such lighting shall provide a minimum of 25 foot candles illuminaton 30 inches above floor level and shall be uniformly distributed. f Enclosures shall be so placed as to protect the animals from excessive illumination. 2.2.10 Drainage A suitable method shall be provided to rapidly eliminate excess water from animal housing facilities. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors therefrom. If closed drainage systems are used, wastewater shall be disposed of by connection to a sanitary sewer or any approved sewage disposal system. 2.3 ANIMAL ENCLOSURE -STANDARDS 2.3.1 Primary Enclosures Primary enclosures are those animal enclosures in which the animal normally rests or sleeps. Such enclosures shall be structurally sound and maintained in good repair to protect the pet animals from injury, to contain them and to keep predators out. They shall be constructed and maintained to enable the animals to remain dry and clean and provide convenient access to clean food and water. The floors of the primary enclosures shall be constructed to protect the animals' feet and legs from injury. Enclosures for dogs and cats may have wire flooring provided that the gauge of the wire is of adequate size to prevent sagging under the weight of the animals, the mesh openings are of a size to prevent their feet from passing through the openings, and there is adequate solid surface for all animals enclosed. 2.3.2 Space Requirements Primary enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal to exercise normal postural movements. 2.3.3 Additional Requirements for Housing Cats In all enclosures having a solid floor, a receptacle containing sufficient clean litter shall be provided to contain excreta. There shall also be a -solid resting surface or surfaces which, in aggregate, are of adequate size to comfortably hold all occupants of the primary enclosure at the same time. 2.3.4 Exercise Areas for Boarding Kennels One run shall be provided for each eighteen (18) dog kennels, sufficient to allow any dog to break into a run. Two exercise periods per day of twenty (20) minutes each shall be provided. PROPOSED KENNEL AND ANIMAL SHELTER REGULATIONS PAGE 4 2.3.5 Shelter from Cold Weather Shelter shall be provided all pet animals kept o utdoors. Sufficient clean bedding material or other means of protection from the weather shall be provided when the ambient temperature falls below that temperature to which the animal is acclimated. 2.3.6 Shelter from Sunlight When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all pet animals kept outdoors to protect themselves from the direct rays of the sun. PART VII SANITATION 3.1 GENERAL STANDARDS 3.1.1 Cleaning of Pet Animal Enclosures Animal wastes shall be removed from primary enclosures daily or as often as necessary to prevent contamination of the animals contained therein and to reduce disease hazards and odors. Cages shall be cleaned by washing all surfaces with a detergent solution followed by a safe and effective sanitizer as often as necessary. 3.1.2 Equipment cleaning Water and food containers and all other utensils shall be cleaned and sanitized using an approved method such as the use of heat or chemical sanitizing solution. 3.1.3 Waste Disp l Animal and food wastes, bedding, dead animals and debris shall be disposed of so that vermin infestation, odors, disease hazards and nuisances are minimized. Stored organic waste shall be removed at least weekly from the facility. 3.1.4 Pens and Runs Pens and runs using sand or gravel shall nave such materials replaced as often as necessary. 3.1.5 Premises Buildings and grounds shall be kept clean, in good repair, and free of trash. 3.1.6 Pest Control An effective program for the control of insects, ectoparasites and avian and mamalian pests shall be maintained. tjoge PROPOSED KENNEL AND ANIMAL SHELTER REGULATIONS PAGE 5 a: 3.1.7 Storage Supplies of food and bedding shall be stored off ( the floor or in waterproof closed containers and adequately F protected against infestation or contamination by vermin. 3.1.8 Dead Animals Animals that die at the facility shall be stored and disposed of in a way that will not cause a disease hazard or nuisance. PART IV CARE AND HANDLING 4.1 FOOD AND WATER 4.1.1 Feeding, Pet animals shall be fed at least once a day and shall be provided potable water at all times except when under special veterinary care. The food and water shall be free from contamination, palatable, and of sufficient quality and nutritive value to meet the normal daily requirements for the condition and size of the animal. Refrigeration shall be provided for perishable food. 4.1.2 Food and water containers shall be accessible to the pet animal and located to minimize contamination by excreta. They shall be cleaned daily. Disposable food containers may be used if discarded after use. Self feeders may be used for the feeding of dry food if cleaned regularly. 4.2 CLASSIFICATION AND SEPARATION 4.2.1 Animals housed in the same enclosure shall be maintained in " compatible groups, with the following additional restrictions: 4.2.1.1 Females in season (estrus) shall not be housed in the same primary enclosure with males, except for breeding purposes. 4.2.1.2 Any dog or cat exhibiting a vicious disposition shall be housed individually in an enclosure. 4.2.1.3 Puppies or kittens shall not be housed in the same primary enclosure with adult dogs or cats other than their dams, except when permanently maintained in breeding colonies. 4.2.1.4 Dogs shall not be housed in the same enclosure with cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animals. • s :' PROPOSED KENNEL AND ANA, SHELTER REGULATIONS PAGE 6 4.2.1.5 Animals under quarantine or treatment for a communicable disease shall be physically separated from other animals and other susceptible species of IS animals in such a manner as to minimize dissemination II of disease. Such quarantine area should have a separate ventilation system. 4.2.1.6 Boarded pet animals shall not be housed with those from another household unless the owners have been made avers of and consent to this arrangement. PART V RECORDS 5.1 RECORD KEEPING REQUIRMENTS 5.1.1 Records of the sale or adoption of pet animals as required in Title 25 Article 4 Section 1104(f) C.R.S. 1983 shall be completed in duplicate, the original to be issued to the . purchaser and the duplicate retained by the kennel operator for two (2) years from the date of the transaction, and shall be available to any inspector authorized by the Department. Such records shall include the date of transaction, species or breed and the name, address and phone number of the purchaser or adopter. PART VI ANIMAL IMPORTATION 6.1 DOG AND CAT IMPORTATION FOR SALE 6.1.1 Dogs and cats may be imported for resale only from out—of—state facilities that are licensed by the U.S. Department of Agriculture. 6.1.2 Prior to importing dogs or cats for resale from any out-of-state source, the licensee shall receive approval from the Colorado Department of Health. 6.1.3 Interstate Health Certification An official interstate health certificate from the state of origin shall be issued for all dogs and cats shipped into Colorado for resale. This certificate shall include the number, species, type or breed, age and physical description of all dogs and/or cats in the shipment and shall state that all dogs and/or cats shipped are. apparently free of infectious and communicable diseases. Certification shall be by a USDA—accredited, licensed veterinarian in the state of origin. One copy of x { PROPOSED KENNEL AND ANIMAL SHELTER REGULATIONS PAGE 7 the certificate shall be sent directly to the department as soon as the veterinarian's inspection is completed. PART VII DISEASE CONTROL iP 7.1 DISEASED PET ANIMALS 7.1.1 Observation and Separation Pet animals shall be observed daily for signs of disease. Any suspected of having an infectious diasease shall be physically separated from other susceptible pet animals until the condition is determined to be non—infectious. 7.1.2 Humane Care Sick or injured pet animals shall be provided with veterinary care or shall be humanely euthanized. 7.1.3 Sale or Transfer Pet animals with obvious signs of disease, injury or abnormality shall not be sold, traded, given away, abandoned, or disposed of in an inhumane manner. 7.1.4 Quarantine The department may order quarantine of any • kennel in accordance with Title 25, Article 4, Section 1105, C.R.S. 1983. In breeding kennels the department may require the submission of a suitable number of pet animals for laboratory testing to determine if such pet animals are disease free. No compensation for pet animals submitted shall be paid by the department. 7.1.5 Animals accepted for boarding should be currently vaccinated for common communicable diseases for which there is a vaccine. Adequate verification of such immunizations should be obtained by the kennel operator. 7.1.6 Canine Brucellosis Dogs imported into Colorado as breeding stock by breeding kennels shall be isolated from other breeding animals until a negative serological test for canine brucellosis is documented for each imported dog. PART VIII PET ANIMAL SHELTERS AND IMPOUNDMENT FACILITIES 8.1 SPECIAL PROVISIONS 8.1.1 Except as provided in Section 7.1.2, unclaimed lost animals shall be held a minimum of 72 hours, after which they may be disposed of at the discretion of the facility operator. ti PROPOSED KENNEL AND ANIMAL, SHELTER REGULATIONS PAGE 8 Disposition of animals surrendered or abandoned by their $; owners may be determined immediately. Animals shall be euthanized in a humane manner approved by the Colorado . { Veterinary Medical Association. 8.1.2 Pet Animal Transportation Standards The department shall establish guidelines for pet animal transport vehicles. These guidelines shall include structural and procedural recommendations for animal control vehicles. 8.1.3 Existing non-profit animal shelters and publiclly-owned animal impoundment facilities shall be given until March 1, 1986, to meet the structural standards required by these regulations. All other parts of these regulations will be in effect as of March 1, 1984. 8.2 EXEMPTED FACILITIES. 8.2.1 Publicly—owned animal impound facilities that receive less than 10 animals per month and private, non—profit animal rescue organizations with no shelter facilities are exempt from the above regulations (Part II-VII) , provided that the following conditions are maintained; 8.2.1.1 Animal enclosures shall be structurally sound, easily cleanable, and provide shelter from the elements. 8.2.1.2 Animal enclosures must be kept clean. 8.2.1.3 Animals shall be supplied with potable water at all times and food at least once daily. 8.2.1.4 Animals shall be treated humanely. Veterinary care shall be provided as needed. 8.2.1.5 Records on all animal transactions shall be kept for at least 2 years. et MAILING LIST USR 596 Lewis Wesley and Barbara Cornell Durwood and Helena Walker 1322 Bailey Drive Brighton, CO 80601 Robert Ehrlich Warren Farms Inc. 6151 Brighton Boulevard Commerce City, CO 80022 Sheldon and Evelyn Stillman 2090 S. Clinton Street Denver, CO 80213 Donald and Nancy Fetters 1142 Bailey Drive Brighton, CO 80601 Robert and Jean Farrer 1042 Bailey Drive Brighton, CO 80601 (AR _5% 83 SR 77i S //a A 1/4- '1 thy/ten— too 6s9 c/d c' DETERMINATIONS TO BE MADE BY THE BOARD OF COUNTY COMMISSIONERS ON USE BY SPECIAL REVIEW REQUESTS 24.4.2 The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Use by Special Review, the Board shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record, which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Special Review Permit unless it finds that the applicant has not met one or more of the standards or conditions of Sections 24.2.2, 24.5 (design standards) and 24.6(operation standards) . The applicant has the burden of proof to show that the standards and conditions of 24.4. 2, 24.5 (design standards) and 24.6 (operation standards) are met. The applicant shall demonstrate: 24.4.2. 1 That the proposal is consistent with the Weld County Comprehensive Plan. 24.4.2.2 That the proposal is consistent with the intent of the district in which the USE is located. 24.4.2.3 That the USES which would be permitted will be compatible with the existing surrounding land USES. 24.4.2.4 That the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by the COMPREHENSIVE PLAN of the COUNTY or the adopted MASTER PLANS of affected municipalities. 24.4.2.5 That the application complies with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations if the proposal is located within any Overlay District Area identified by maps officially adopted by Weld County. 24.4.2.6 That if the USE is proposed to be located in the A—District, that the applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed USE. 24.4.2.7 That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. ,r - I co v i o I ' w LIB - U on I I I a fl]! 1 I . _rri � �L-I� , 11 R'i Mt 7 W 0MO r.,` t n 1.q O ti u sf UM� '�, ■ w ` a ;� `y Jr.. U U I m vii �+ 331� 3 1�.a ` 1 5. c1., n 3 m -g o 1 tilS � ga i ro U U = _ � \ • (L 3m ` a O O ° m y ¢ !itttt %t ul O - 9- t_ 'ov�So 1u• •rn 4 LL t 6 c qaitch i Alin❑❑ ,_ro d 2�l��;V 7 (/ RETURN RECEIPT coW 1 • ' N M =' 0RS Formm 3811,July 1982 T $ c\\L 7 is N NO i 6)1 I , 7.11,- iy.1 - m 'n u. z w -r-iH m _ �� N Q O z g i ra r g" .c T~ LL -6 C a L W z z O Pl .4 m y If F .e w r+ DO $$ '� x _ O ,', ra I..L z 3N b� o n mE �E 'O rt O o k N -f{ a U y R gii \ wpp55 a��ii i #■p Oifs° C] aIA A i� M S1 — - IZ ❑❑ Q II yr b ,3 w _ PS Form 9811,July 1982 ' RETURN RECEIPT Cr) -.I irr—r- w I lnAAup Ct U 'JO 0.lU \\ f'o2 CHU .�.?Leo op w , Y y`�y weHal()Z � �', W unli1r ,IJII1flI f og 7,;,. ."` 6 BOARD OF COUNTY COMMISSIONERS P WELD COUNTY YOLORADO . PETUAN M P-0. 80% 758 TO 18 FEBGREELEY�XOLORA DO 80632 �� SENDER lB FEB E .. UNCLAIMED 0 ,-I RETURN RECEIPT CV REQUESTED a' vel n Stillman CV a J - -i Sheldon Y �" -10 7c 0 CERTIFIED 2090 S Linton St. I`- x �Q - 09 DenC9 80213 I v � � P 427 725 24t W -Liz � � � n o za co 618 MAIL 7 cy aLL y 2 ro� LL > x o.coo a)N rnNQ ( C> \*14\o I I I � r W P 0 in W �, Ill Ill O 1i • - e E U Q p Z U E 1 I 1 > s-i LEM' i m 17 m 3 gt „ .Y -ro > U aim » gE Eg o m rti oc:ri o I .a - vco g rrf, LL 0IL ij u yy 1<2 \p 3 to? TS cal 9 ° O IC N 6 I! 1• ❑ ❑ C O i U — ,H .a b b 9 0 6 I rt N b� " m o • f LL2 e m O ti r 41ETURN RECEIPT Q ri 01 PS Form 3811,July 1982 i i il cora' Vc)LO u. is . z .. N Q iE ' ! nf--- k 0a G N _ S yy '1``` Y i m S o ilt r Q p 6 •li SiL J �`N >7U LL FaIs r- I. I; rlr' r7 LL > ant 211 a as 0 " J ity ,1 f.. m > c rs o Oil 7`I � .C w o `s �srON TS !4ijjiI GZ ^+ N N m sI ffi 9 8 -@0 ?t•rl ;a° U 4 � r1 LQ nr • ^' /�r RETURN RECEIPT PS Form 3811,July 1982 110 I CY) p_ _ _. ,.. _, . � . IIIIt re Ln OW W if,- a.) 0 % mg II Lo \Nis \ i%, 1 'a FC N C $p $ to p IC\N U b €.ot g E 1 . IIIS; r0 -P U ❑❑OJ77 c � j '� r-I Ci a N o x }OJ a O 33$' a g Ls` >~ U] .4. 49 i JP1I1fft a ri r /2-y727 RETURN RECEIPT PS Form3811,July 1982 Hello