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HomeMy WebLinkAbout830165.tiff RESOLUTION RE : APPROVAL OF USE BY SPECIAL REVIEW FOR A GREYHOUND KENNEL - SHIG S. NAKAGAWA 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, the Board of County Commissioners held a public hearing on the 26th day of October, 1983 , at the hour of 2 : 00 o'clock p.m. in the Chambers of the Board for the purpose of hearing the application of Shig S. Nakagawa, 2990 Weld County Road 17, Brighton, Colorado 80601, for a Use by Special Review for a greyhound kennel on the following described real estate, to-wit: Part of the N; NW4, Section 21, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado. WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Plan- ning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that: 1. The submitted materials are in compliance with appli- cation requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4. 2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The activities proposed will be compatible with existing agricultural uses in the immediate area, as well as the projected development in the future. The future uses are intended to remain agricultural in nature. The intended proposal will not have significant traffic or noise impacts. LHR 13 830165 Page 2 RE : USR-NAKAGAWA d. No overlay districts affect the site. e. Use by Special Review Operation and Design Stand- ards provide adequate protection of the health, safety and welfare of immediate area and the County. f. The Tri-Area Planning Commission recommends approval of this proposal. NOW, THEREFORE , BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the application for a Use by Special Review for a greyhound kennel on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Operation Standards being adopted for this operation. 2 . The approved Operation Standards shall be placed on the Use by Special Review Permit plat. The Use by Special Review Permit shall be delivered to the Department of Planning Services . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of October, A.D. , 1983 . �) BOARD OF COUNTY COMMISSIONERS ATTEST:711i Q, v tc' ovtut7 ' WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Chuck Carlson, Chairman Th By:j J2 iA y�-1, (1.AA çt1 _DQ'put Count le��xx JT. Martin, Pro-Tem APPROVED S TO FORM: 2 Gene R. Brantner -*� EXCUSED County Attorney Norman Carlson a que�� ne J nson DAY FILE : October 31, 1983 OPERATION STANDARDS NAKAGAWA GREYHOUND KENNEL USR-577:83:40 1. The uses permitted shall be a kennel facility for a maximum of one hundred (100) greyhound dogs as described in the application materials on file with the Department of Planning Services. 2. The greyhound kennel shall comply with all applicable Weld County Health Department regulations and all applicable Colorado Racing Commission Regulations. 3. The applicant shall comply with the design standards for Uses by Special Review, Section 24.5 et seq. of the Weld County Zoning Ordinance. 4. The applicant shall comply with the operation standards for Uses by Special Review, Section 24.6 et seq. of the Weld County Zoning Ordinance. 5. The water supply for the greyhound facility will be provided by a domestic well (well permit #131570) which is suitable for a maximum of twenty (20) dogs; additional greyhounds shall require a commercial well approved by the Colorado Division of Water Resources or an alternative water source approved by the Department of Planning Services. Evidence of a commercial well or an alternative water source shall be submitted to the Department of Planning Services prior to exceeding twenty (20) dogs on the subject site. 6. The Use by Special Review shall be limited to the plans shown hereon and governed by the Operation Standards stated above, and all applicable Weld County Regulations. Any material deviations from the plans and/or Operation Standards, as shown or stated above, shall require the approval of an amendment of the Use by Special Review permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Operation Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 7. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Operation Standards. Noncompliance with any of the above stated Operation Standards may be reason for revocation of the Use by Special Review Permit by the Board of County Commissioners. NSM:rjg HEARING CERTIFICATION DOCKET #83-65 RE: USE BY SPECIAL REVIEW, GREYHOUND KENNEL - SHIG S. NAKAGPIWA A public hearing was conducted on October 26 1983 at 2:00 P. M. , with the following present: Chuck Carlson Chairman, Excused John Martin Pro Tem Gene Brantner Commissioner Norman -Carlson Commissioner, Excused Jacqueline Johnson Commissioner Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, R. Russell Anson Planning Department Representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated October 10, 1983, and duly published in the La Salle Leader on October 13, 1983, a public hearing was held for the purpose of considering the request of Shig S. Nakagawa for a Use by Special Review for a Greyhound Kennel. The Chairman Pro-Tem, John Martin, asked the applicant if he wished to have this request heard today with only 3 Commissioners present, or if he wished to continue to a date when all 5 Commissioners could be present. The applicant stated that he wished to be heard today. Assistant County Attorney, Russ Anson, read this request into the record. Rod Allison, Planning Department representative, • read the favorable recommendation, with conditions and Development Standards, from the Planning Commission. Shig S. Nakagawa, the applicant, was present and came forward to explain this proposal to the Board. Commissioner Johnson said a letter had been received from the Town of Dacono in opposition to this facility. Mr. Allison explained that the Tri-Area Planning Commission has a representative from the Town of Dacono. He said this Commission had not voiced any opposition to this proposal. Commissioner Johnson asked about the available water. Mr. Nakagawa said the Water Resource Department had been contacted and they had agreed to submit a letter to the Board explaining that water would not be a problem. Mr. Allison said a letter had been received from the Department of Water Resources indicating that water supply is adequate. Mr. Nakagawa explained that this facility would fall under the jurisdiction of the Colorado Racing Commission. After discussion, Commissioner Johnson moved to approve this request for a Use by Special Review for a Greyhound kennel for Shig S. Nakagawa, to include the conditions and Standards. Com- missioner Brantner seconded the motion and it carried unanimously. APPROVED: • BCARD OF COUNTY COMMISSIONERS ATTEST: till (,�v,.,v. ° .� � • WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Chuck Carlson, Chairman \ LDeputy County cl rk J T T. Martin, Pro-Tem /L.L70 Gene R. Brantner EXCUSED Norman Carlson TAPE # 83-133 DOCKET #83-65 J cgue e Jo n LHR 13 DAY FITF: October 31, 1983 OCTOBER 26, 1983 ' . ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : nTr'KET # 83-50 Michael J. Stepanick - USR - Dog kennel operation DOCKET # 83-65 Shig S. Nakagawa - USR - Greyhound kennel DOCKET # 83-66 Robert E. & Maury L. Miller - USR - Veterinary clinic PLEASE write or print legibly your name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING X71, _ . / o 7 )77- h' ) E (_ y t "7/: y .lira- lam- %-! __ 7-. , ,--7 . !-?7� (- 1 , C" j c,:;{ ) _�� , t- J �'/��. 1�` f 7 it -1 - _.�;' /' (7 'dill/VII /I 'l ! ;/1/2,:i2 l:/6/" //,! ( /7/,f; i" , i - - ' -� *? / Rob 71- I 10, A4?s0 / rR /5-74/ 1,7 -ii, Ls tog ..Pets gotta d(ttotns, at_Etna DILL [� hopst DILL BOX 321 JLLd<LtC6, Cototado 80530 17-r7C`j DLL October 20, 1983 oc- 2 61983 /I Board of County Commissioners County of Weld Greeley, Colorado 80631 Dear Board: I am directed by the Dacono City Council to advise of a Motion duly made and adopted by the Council October 10, 1983, as follows: That the City Council strongly objects to County approval of dog kennels to be located two miles south of the City, and further objects to said approval without notice to the City an opportun- ity to be heard. It was noted that the location is within the scope of the City of Dacono's Comprehensive Plan. Respe tfully� 47 71 roy to Got Dac o City A ornev ./z/2") // Affidavit of Publication STATE OF COLORADO, 1 sae County of Weld.�J __) I / TGL-Lt-K 5 1 .G`) 2.. of NOTICEs[sauher of County Weld, being duly'swo say that.-. Punnel t to the zoning law el the State of Colorado and the Weld County Ion- _ /6 C cIl..lt CC NC'. /ie L- by Ordinance,a publk hearing will be that • fame is a weekly newspaper of held la Co Chambers of the ofgeneral Colony Weld loCounty i ty circulation And, printed and published in the Colorado, Weld County Cefiea al- I Center,9/5 10th Street,Oreel{y,Col- town of L/� eZF% tfr' / oorado,at du time specified.al Persons in said county and state: that the notice or adver- any emnner interested in the Use By liniment. of which the annexed is a true copy, Special Review an requested to intend and may be heard. has been published in said weekly newspaper BE IT ALSO KNOWN that the oat and far / ronsecutive maps so certified by the Weld County weeks: that the nonce was published in the Manning Commission may be examined be the Olin of the Clerk tothetrssd of regular and entire issue of every number of said County Commissioners;Iseated.er.gee Inewspaper during the penod and time of publi- Wde County Centennial CeWgl. 915 cation of said notice and in the newspaper 10th Street,Third Floor.Greeley.Col- orado. proper and not in a supplement thereof: that the DOCKET NO.8365 first publication of said notice was contained in the issue of said newspaper bearing date. tiyi AP/VACANT � -( T// i Shl S.N /CO —� e Nakagawa 1wL day of A.D.. I9r 2990 Weld County Road 17 • and Me last publication tnerecf. in the issue of Brighton.Coloredelloeo19 said sews /_f Raper bearing date, the day of DATE:October 26,1983 - // J 19 L r� l9 - —� that the said TIME:2:00 P.M. REQUEST: Use By Special Review /I J-�t-i L t-- ! C.'l bi -greyhound kennel has been published continuously and uninterrupt. LEGAL DESCRIPTION sally during the period of at least fifty-two con- seaan`e weeks next prior to the first issue thereof PanNtheN44NWep,$eabn2l.TIN, containing said notice or advertisement above R6JWd the 6th PM.. Weld CoanN, Colorado. referred to: and that said newspaper was at the BOARD OF COUNTY time of each of the publications of said notice, COMMISISONERS duly qualified for that purpose within the mean- WELD COUNTY,COLOtIADO ing of an act, entitled. "An Act Concerning Legal • BY:MARY ANN FEUERSTE1N Notices. Advertisements and Publications, and COUNTY CLERK AND RECORDER , the Fees of Printers and Publishers thereof, and AND CLERK TO THE BOARD to Repeal all Acts and Parts of Acts in Conflict BY:Mary Relf,Deputy with the Provisions of this Act."approved April 7, 1921. and all amendments thereof, and particu. DATED:October 10,1983 - lardy as amended by an act approved. March 30. Published in the La Salle Leader 1923, an act approved May 8. 1931. Thursday.October 13,1983. P Asher Subscribed and a rn to before me this _.>92.Knn..- day of _.... ...._.._.._ . A.D.. 19..Q.a7 My commission expires .._..i.— . ...l.-11::-5— Notary Public s� j, i ,p. 1 DATE : Octobe 10, 1983 • 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 hearings for the 26th day of October, 1983 , at 2 : 00 P.M. Docket No. 83-65 - Shig S . Nakagawa, USR-greyhound kennel Docket No. 83-66 - Robert E. and Maury L. Miller , USR-veterinary dlinic • OFFICE OF THE C FRY TO THE BOARD BY: , 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 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. 83-65 APPLICANT Shig S . Nakagawa 2990 Weld County Road 17 Brighton, Colorado 80601 DATE: October 26 , 1983 TIME: 2 : 00 P.M. REQUEST: Use By Special Review - greyhound kennel LEGAL DESCRIPTION Tart of the N1 NW4, Section 21, T1N, R67W 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: October 10 , 1983 PUBLISHED: October 13 , 1983 in the LaSalle Leader r al I�gg sa 9c5 eEqu 111g i g zg �S it c)iii 1 11 afzz�it lr i A. O �2a°E gag >t11 atIiH!Ii 34 s 1_ i = t V z V f! O ei N O L J0 If i[�3g+ 5 $g�gg,,pi S' t a.w s8 'Y21 J s al e VY qq 7 C .g 66 E � mEEE Sao c F ¢ -, a..c! a F G y = G n ^ 5 .+ 0 G b .. 0 a L < G a U . - G c c c v 9 - ec V ` -e. O r. G — 1 — .0 M -- c .. r _C O S G _ ` G L G v s 2. 20 W W > y go ` ` — G 2 ≥.`(ry^�X� L N N C Z L C U G i f C .C E. �`' c L ;18 c. ` " D W� ec L 0. E c c v' 3 ` __ _>. c c` a n `� z e c c = z �. y rc> - L V c 1 — L t 1 7 C CJ 3 V y '. - _ S b. j - c L y- _ O - i c c c c _ o g i c - c i t y- e O c 1 _ i.t Ids ` e :J .: . - c - c m _ m c _ ., .7 ? d c L `. Mme.. : I. 5 bcl. r S - - c — L i f 7 C - 1 G G Y G Y 0 < L a - _ _ r 6 c c c. C '- c .C L - , c c L y C J ; z 0 .c Mme. i- ((3 L c L / c - - - c c c c a c . o _a - ' u 17 c - ° — ` =? v BEFORE THE WELD COUNTY, COLORADO PLANNING COMMI 61983 RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY CO SS 9 DQ 3 GREELEY. COLO. Date October 4, 1983 Case No. USR # 577:83:40 APPLICATION OF Shig S. Nakagawa ADDRESS 2990 Weld County -Road 17, Brighton, Colorado 80601 Moved by Jack Holman that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for arcyhonn.d Kennel located on the following described property in Weld County, Colorado, to-wit: Part of the N1 NWT, Section 21, T1N, R67W of the 6th P.M. , Weld County, Colorado -be recommended (favorably) RAUXYANW to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with applcication require- ments of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County -Planning Commission that the applicant has shown compliance with Section 24.3.1.1 et seq. of the Weld County Zoning Ordinance as follows: - -The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County; • Motion seconded by Paulette Weaver Vote: Tor Passage Sharon Linhart Against Passage Paulette Weaver Doug Graff _ Jack Holman iBob 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 October 4, 1983 and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 5th day of October , 19 83. co©d -Secretary USR-577:83:40 Shig S. Nakagawa A Use by Special Review Permit for a Greyhound Kennel Tart of the Nil NW1 , Section 21, T1N, R67W of the 6th P.M. , Weld County, Colorado October 4, 1983 Page 2 - The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review; - The activities proposed will be compatible with existing agricultural uses in the immediate area, as well as the _projected development in the future. The future uses are intended to remain agricultural in nature. The intended _proposal will not have significant traffic or noise impacts; - No overlay districts affect the site; - Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of immediate area and the County; - The Tri-Area Planning Commission recommends approval of this proposal. 3. The Planning Commission recommendation for approval is conditional, and based upon the following: 1. The attached Operation Standards being recommended and approved ion this operation; 2. The approved Operation Standards shall be placed on the Use by Special Review Permit plat. The Use by Special Review Permit shall be delivered to the Department of Planning Services. MSM:rjg Date: Oc her 4, 1983 -CASE NUMBER: USR-577:83:40 NAME: Shig S. Nakagawa REQUEST: A Use by Special Review Permit for a Greyhound Kennel LEGAL DESCRIPTION: Part of the N1 NWti, Section 21, T1N, R67W of the 6th P.M. LOCATION: Approximately 2.-5 miles southeast of Dacono; south of Weld County Road 8 and east of Weld County Road 17 THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application require- ments of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3.1.1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County; - The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review; - The activities proposed will be compatible with existing agricultural uses in the 'immediate area, as well as the projected development in the future._ The future uses are intended to remain agricultural _in nature. :The intended proposal will not have significant traffic or noise impacts; - No overlay districts affect the site; - Use by Special Review Operation and Design Standards provide -adequate protection of the health, safety and welfare of immediate area and the County; - The Tri-Area Planning Commission recommends approval of this proposal. 3. The Department of Planning Services staff recommendation for approval is conditional, and based upon the following: 1. The attached Operation Standards being recommended and approved _for this operation; 2. The approved Operation Standards shall be placed on the Use by Special Review Permit plat. The Use by Special Review Permit shall be delivered to the Department of Planning Services. MSM:rjg OPERATION STANDARDS NAKAGAWA GREYHOUND KENNEL USR-577:83:40 1. The uses permitted shall be a kennel facility for a maximum of one hundred (100) greyhound dogs as described in the application materials on file with the Department of Planning Services. 2. The greyhound kennel shall comply with all applicable Weld County Health Department regulations and all applicable Colorado Racing Commission Regulations. 3. The applicant shall comply with the design standards for Uses by Special Review, Section 24.5 et seq. of the Weld County Zoning Ordinance. 4. The applicant shall comply with the operation standards for Uses by Special Review, Section 24.6 et seq. of the Weld County Zoning Ordinance. 5. The water supply for the greyhound facility will be provided by a domestic well (well permit #131570) which is suitable for a maximum of twenty (20) dogs; additional greyhounds shall require a commercial well approved by the Colorado Division of Water Resources or an alternative water source approved by the Department of Planning Services. Evidence of a commercial well or an alternative water source shall be submitted to the Department of Planning Services prior to exceeding twenty (20) dogs on the subject site. 6. The Use by Special Review shall be limited to the plans shown hereon and governed by the Operation Standards stated above, and all applicable Weld County Regulations. Any material deviations from the plans and/or Operation Standards, as shown or stated above, shall require the approval of an amendment of the Use by Special Review permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Operation Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 7. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Operation Standards. Noncompliance with any of the above stated Operation Standards may be reason for revocation of the Use by Special Review Permit by the Board of County Commissioners. MSM:rjg CASE SUMMARY SHEET Case Number: USE-577:83:40 Size of Parcel: 4 acres Request : A Use by Special Review Permit for a Greyhound Kennel Staff Member to Contact: Mike Mullen Possible Issues Summarized from Application Materials: 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 and that there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the immediate area and the County. The Department of Planning Services has received a letter from the Colorado Division of Water Resources concerning the proposed use. The letter is included in your packet on this case. A development standard will be issued by the staff to address the water situation. MSM:rj g FIELD CHECK FILING NUMBER: USR 577 DATE OF INSPECTION: 9-19-83 NAME: Nakagawa REQUEST: Use by Special Review Permit for a greyhound kennel LEGAL DESCRIPTION: Pt. of N2, NW4, Sec. 21, T1N, R67W of the 6th P.M. , Weld County, Colorado Weld County Road 8, Agricultural production, residence, barn, LAND USE: N corral . etc. E Agricultural Production, residence (appears to be vacant) S Agricultural production, mobile home, abandoned house, pond, residence W Weld County Road 17, Agricultural production ZONING: N Agricultural LOCATION: Approximately 2 miles south of Dacono; E Agricultural east of Weld County Road 17 and S Agricultural south of Weld County Road 8 W Agricultural COMMENTS: Access to the parcel is from Weld County Road 17, a gravel road. A residence exists in the southwest corner of the four acre lot. The balance of the lot appears to be used as pasture. The property slopes to the east and south. The subject parcel is surrounded by agricultural uses. There are two residences within six hundred (600) feet of the property. The property owned by John Underbill, north of Weld County Road 8, contains the nearest occupied residence to the subject site. BY: Rig^j ��li/� 1 d Allison, Planner II 1• /l� \ p `. A \ i ?c, I d s• r p` g _ G Y �G tl p 3. a..' IY as " ' �•�fil Q ; d C d •�O`- i L. • : • i°c z F f I .1::./ • • •'E.40° t G • N / Cyr 6.� z Lc. ° - - z C. • p/ • GP----C_, TI • x pei r 44 21.1 ' :� ( • • • , I °� G I 1. •q#- 1 _\' ar A•• �2 t . .Hoot: I I •3I • tl i ,„/.2„_.---"1Nofv •o zn \•I.- •�. ° . / I. ••a r � � _. G� ^IS C �. �. ! �aI P• �I p z r• I "N t._ .k_ k 1 d • .• I •1. • I q L . _ p �� �� ❑ Il��ar.e��ue v p r \ • I A . .0 lcer ' `l •IS.•a p. .''. .' k..2 • 3' V . t i F 3°. zr • • 4 GFiosterll- .I :R:o: 'a /� ....a , I y ` 4 I /▪ �. : Sd ii© flit' z. I / zs x. tC v x.�—"� z a s. 1 >. 24\ x I it 11 I t, .____,, o N4RBOUR PJNOS (-5",-- l� '• ). 1Il �\▪ /I Rix .. . Cr IE NEC. 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Tt ., 4 �� •:'"Y ; T 'It• { yy}5 h -&:4",,,.7.:', A f 11 ^w " " X11• / yr'. .- \ t Y 4 ^: 1)4 S $ ` t- a ,4y+ ' '' `�II) e1, .� .ai.` "r r _ V .7, yr yy f 3F � 1'4, c.- 34,-„'„i, ''4''4 at �ev-4 a -•-i? . t-'y t F � ' .r.•. irk *' r, a a d e t .p9+ Tr..F� .� tkar �' 'L k 4 `�" ul �.R.Y ' ' M W* � } ® T r s¢`� '1 • ` ..„;,-.,f1.1‘..14 NA.,?-,,k,...„-- ,aar• r .. a 4 ' I ' r k°d h e A A. 1 ^ a f r - TY14'. w q in .nin r as � 0 " 0 0 ,Jjy 1{ APPLICATION ti 3-.,5.4'45«r5, BY SPECIAL REVIEW ,:; Department of Planning Services, 915 Tenth Street, Greeley, Colorado /] a U Phone - 356-4000 - Ext. 400 (� Case Number VSR 577:KJ . /0 Date Received 111, -C HE-3 Application Checked by elk �e7i q7 I Receipt Number Application eee 155-0o 57/9 Recording Fee /O b W° Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessaryR5 :.'#'iw'3sraxav?n. 7 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: LEGAL DESCRIPTION OF SPECIAL REVIEW VIEW PERMIT AREA: (111/2 NWI/4o Section 21 T 1 N, R o? W RE a87 CoTA LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed:Ni/2 .:a1/4 uI Sections—T__:__N, R.li7_W Property Address (if available) 2590 7D CL,L 1-1 00A OVEFS.AI ZONES ,.17 RI ;0 )601 PRESENT ZONE AG TOTAL ACREAGE if Acres PROPOSED LAND USE .2. i.i0J il ..r:.EL EXISTING LAND USE Pasture SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: S IG S ::A.A0h.A r '.'}s City On 'i,tnn rs Zip 00601 _ Address: p on -:4 1711 Dar sv Home Telephone # 05c-12 41 Business Telephone # SA1- '' ' 5'Sl-.1S11 7/6.,4.4.— y ?—z•. ^^ Name: Zip .r,�,q^ry0i ea°�` f Address: City Home Telephone # Business Telephone # Name Zip Address: City y., Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Zip Address: City Home Telephone # Business Telephone # Ps S Owner(s) and/or lessees of mineral rights on or under the subject properties A � M1 of record in the Weld County Assessor's Office: Name: L,ICt: PACIFIC LAD & .01Sue50FS CO',P Address: Lox 2500 City F,rnonfi el A rn Zip 'b0,525_ Name: City Zip Address: Name: City Zip Address: —''—�^--'---- 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 ) } u -ft o17Gv�orizedX Signatu Owner or Au oilred Agent NV Subscribed and sworn to before me this day of (s//y/i¢f. 1921 )�/72.V ,j7H9 -- - SEAL. NOT�RY PUBLIC` / / y�/ Sri/ �/ K� My commission expires �r�'S-.�.'� l�'�^�Ls�'� [7 /`. Use By Special Review Application No. 1 The proposed use of this land is for a greyhound kennel. This area currently consists of four acres with a house and is zoned agricultural. The land is currently sitting idle. Because of the small acreage it would not be economically feasible to try to raise crops, plus the fact that there is an alkalai problem in this area. I feel a kennel would be compatible with the surrounding area because most of it is pasture land. The land to the west is now sitting idle . The area to the north is now in wheat and the areas to the south and east are pasture land. With the understanding that this area will remain agricultural, I do not feel that a kennel will interfere in any way with future developement of this area. I feel this application does comply with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations because this is not in a flood hazard area, Weld County Airport or geologic hazard area. Adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the county will be made due to the rules and regulations of the Greyhound Association. C Use By Special Review Application No. 5 We will be using land to breed greyhounds and raising pups to approximately 15 months of age. At that time we will decide whether we will be taking our dogs to the track, or whether to lease them to people to run the dogs for us. The kennel will be approximately 150 feet from the house and another 30 feet to the puppy pens and sprint field. This will basically be a family run operation so we will progress very slowly, making sure that whatever greyhounds we have will have the ^est of Dare and feed, so the projected time to have the kennels, puppy pens and sprint field completed will be about 7 years . Atei me we could possibly have up to 100 greyhQuud.s„o_n_tia farm. When all structures are complete we will have 3 puppy pens, 3 puppy runs, 1 kennel, 1 turn out pen and a storage barn. The three puppy pens will be constructed of cinder blocks and be approximately 8 ft. by 8 ft. by 4 ft. high. These are used with the puppy runs, for dogs that are just weaned untilabout 10 months of age . After this period of time they are kenneled. The kennel will also be constructed of cinder block and is for greyhounds during their training and racing time . The sprint field is surrounded by a 5 ft. fence and is used for exercise and training. All waste and trash will be picked up by a trash service from Brighton once a week. Sanitation is a main condition covered by the Colorado Racing Commission. We are located in the Fort Lupton Fire District. We are required to have two fire extinguishers in our kennel, by the Colorado Racing Commission. There are many other rules and regulations covered by the Colorado Racing Commission which forces a kennel owner to maintain a high standard of cleanliness and safety for the greyhounds and surrounding area and community. X ( c MrsfOfriiay. i. COLORADO DIVISION OF WATER RESOURCES RECEIVED , 818 Centennial Bldg., 1313 Sherman St.,Denver,Colorado 80203 1 JUN- 71983 PERMIT APPLICATION FORM WATER Mountsb on must complete ap - ( 1 A PERMIT TO USE GROUND WATER STATE.ENGINEER where applicable. Type or (r'I A PERMIT TO CONSTRUCT A WELL print in BLACK FOR: (X) A PERMIT TO INSTALL A PUMP C•EN INK.No overstrikes ( 1 REPLACEMENT FOR NO ior n —— erad- unless ( I OTHER — nitialed_ WATER COURT CASE NO.(1) APPLICANT - mailing address FOR OFFICE USE ONLY. DO NOI V.RII E IN 1HC: t.ut' SH IG S . FA1;AGA':'A Receipt No.3 S`j V �— NAME / - P 0. BOX 29532 Basin _____ Dal. ___.._ —_—___ STREET " CITY (state Hnr.^�mr)t; Q nn °ar ') (zip)8022_L) CONDITIONS OF APPROVAL aTELEPHONE NO. 427-5253 Rusiness 8')7-»81 This shall be used in a way ri to cause no material injury to existing ;:slur rights. : he 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 We right from seeking relief in a civil court action. County fl . % of the /✓f.O %,Section 1/ PRODUCTION FROM THIS WELL IS RESTRICTED TO to, i4 pm THE LQYani t e, Fcl 1{i I IS WHICH CORRESPONDS Twp 4/ Rog. ��" (a TO THE INTERVAL BETWEEN 530 FEET AND 770 (3) WATER USE AND WELL DATA FEET BELOW GROUND SUR:rACE. PLAIN CASINGS• SHALL BE PROPERLY INSTALLED AND SEALED TO Proposed maximum pumping rate (gpm) /Se PREVENT PRODUCTION FROM OTHER ZONES. AAVERAGE ANNUAL APPROPRIATION FROM THIS WEI to he uge ropri ed (act .t ground water X S SHALL NOT EXCEED 1. 0 ACRE FEET. to appropriated (acre-feet): c‘: 1,0�. T�22 B3 Number of acres to be irrigated: - cis A P 1� n b_ F11 0' n ?9ha c t i....` y Ij ' 9 Proposed total depth (feet): 07.5-07.5— ` J t f. .; t„) L�)e . Aquifer ground water is to be obtained from: , Tt DIVERSIONS r.nE 0.3 ACRE Y /4 �/ _ (NOTE ESTIMATED iiN�r.•JAL D- EET FOR AN AVE?,AGE PO[: ENOL T2.!"-) C^:1 20RE FLE Owner's web designation _— WILL IRRIGATE II I-..0 SQ. F'1'. C2 L ..._if (-il C:'.'..PEN.) GROUND WATER TO BE USED FOR: NOTE! TO INSURE A MAXIMUM PRODUCTIVE LIFE OI. ( I HOUSEHOLD USE ONLY . no irrigation (0) THIS WELL, PERFORATED CASING SHOULD BE SE1 ( DOMESTIC Ill INDUSTRIAL (5) THROUGH THE ENTIRE PRODUCING INTERVAL OF THI ( I LIVESTOCK (2) ( ) IRRIGATION (6) ( I COMMERCIAL (4) ( I MUNICIPAL (8) QUIFER, TO THE DEPTH INDICATED ABOVE). pJ e APPLICATION APPROVED I I OTHER 191_. 1.Qs�-v+-�-w--�-�-�r-;—� DETAIL THE USE ON BACK IN (11) _? 3i_ 570_ PERMIT NUMBER _____jut_ 2 1983 _ ___ (4) DRILLER DATE ISSUED--- - - —""— �^ Otfe EXIR1 ON DATE ,%_.__--.�.--��.-- Name _ 0.�---�• / 1 F .,��./1/ / C�• Jl v;,.._�iy;:.� . Street .—r17-1--0^v /t fO2 �� - ,J I ` (�_ -_ _ _ -_ (°T�"IL ENGIt 1 Ass s ant / , City�t`f'..t>✓_N r,Lo 1 6-/ --r.ol -___- (State) ( � � / L6�✓u� LL,, BY- '' '/7 Lit. No.�r� / �� if -. Telephone No. _.2 -=-S--`�- I D. _, _.- COUNTY____6)_,)— __. �, C ,. (6) THE WELL MUST BE LUC.AI I..0) `.'ti'_ (5) THE LOCATION OF THE PROPOSED 1NELL and the area on lt which the water-will be used must be indicated on the diagram below. by dist aces from section lines. Use the CENTER SECTION (1 section, 640 acres)for the well location. ,fRC ft. from____._12/ sec.11� . t + _'. __t_ T — . — + l _t_ T � c 4 ._sec. line _7O ft.from--I�'' I' I 4 t MILE,5280 FEET=r (east o.west) + + ' -r + + ± f + + tor. BLOCK�— FILING .► i l suaolvlsloN ----- 1 { — -4- _ NORTH SECTION LINE _ _i_ — ! — I (7) TRACT N WHICH WELL WILL fly w i I LOCATED Owner.�_ O:•�-C--.-- I NORTH — I _ • ... - D } Va!! :his t' r w �- No.of acres l I l z I • m '4 the only well on this (fact? -- t t_ , 5 L T (8) PROPOSED CASING PROGRAM in I Ij -- � — ? ` Plain Casing us h I —Irej_ n. .to�i, .S--ft. — — I I in.from ft.to. _ft I 1 I I — Perforated casing + SOUTH SECTION LINE I (� K in.from � �- ft. t0 i-ft. � • I `t. + l I 4- 4- + 4 + + in.from ft. to I (9) FOR REPLACEMENT WELLS give distance I I I and direction from old well and plans for plugging it: The scale of the diagram is 2 inches= l mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second(cfs) .. .449 gallons per minute Igpm) A fam+ly of 5 wil!require approximately 1 acre•foot of water per year. 1 acre-foot...43,560 cubic feet...325,900 gallons. 4.42 acre-feet. 1,000 gpm pumped continuously for one day produces • (10) LAND ON WHICH GROUND WATER WILL BE USED: No.of acres:T'r7L r Owners}: n Legal description: �` :{— — of disposal (11) ET ILED D CRIPT1ON of the use of ground water: ( - o ,use and r e tic ells us indicate type n[ � �j system to be used. ��,n t f _(, ld ��s 42,, tL r Sze/hr• (72) Q_D ER W T R R1 T used on this land, including wells. Give Registration and Water Court Case Nuali rs, Type or right Used for(purpose) Description of land on which used (S) STATE(S)j - ` (13) THE APPLICANT THAT THE INFORMATION}ORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SlGNA TURF OF APE CANT15) Use additional sheets of paper if more space is required. REFERRAL LIST APPLICANT: Shig S. Nakagawa CASE NUMBER: USR 577 SENT REFERRALS OUT: 9-1-83 REFERRALS TO BE RECEIVED BY 9-16-83 m m zz m o m o z H Z H O H co H 0 H U)i U O Z 0 U R O W z O'4 r9 ril Q W O 0 U O a z � a z 0 m Z Z Debbie Smaller County Attorney (plat only) / Tri Area Planning Commission �/ P.O. Box 363 / Weld County Health Department Frederick, CO 80530 „I.— Engineering Department Rocky Mountain Energy Dave Karpel — County Extension Agent Box 2000 X Broomfield, CO 80020 �/ Colorado Geological Survey 1313 Sherman Street Brighton Soil Conservation _ Room 703 Service Denver, Colorado 80203 60 South 27th Avenue Brighton, CO 80601 Ft. Lupton Fire District Jerry Machart Box 350 Ft. Lupton, CO 80621 State Engineer Bill McMurray v/ x Division of Water Resources Box 161 1313 Sherman St. , Room 818 Brighton, CO 80601 Denver, Colorado 80203 Humane Society of Weld Co. State Highway Department 23700 Colo. St. Hwy 263 1420 2nd Street Greeley, Colorado 80631 Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 Of OO<p P9 RICHARD D. LAMM Ife/ - JERIS A. DANIELSON Governor Iv. a Cr State Engineer Ir i *i 1178H ���.;' /876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES ti r 67 v 1313 Sherman Street-Room 818 JOD �/ / - / Denver, Colorado 80203 11/0/a (303) 866-3581 e0 F September 16, 1983 /a14941 e61/2,�i�flo„ Mr. Rod Allison Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Nakagawa, USR 577:83:40 Section 21, T1N, R67W Dear Mr. Allison: We have reviewed the above referenced proposal to allow a greyhound kennel for 100 dogs as a use by special review. No water supply information is included. Our records indicate the applicant recently constructed a well pursuant to permit no. 131570. This permit was issued for domestic use pursuant to the applicants indicating that water was required for domestic use, lawn, garden, and a maximum of 20 dogs which he would own. The permit was issued for an annual appropriation of 1.0 acre-feet from the Laramie-Fox Hills aquifer. The applicant will require water for a house, a trailer for an employee, lawn, garden, drinking water for the dogs, water for cleaning up the kennel areas and puppy pens, and possibly other uses associated with the kennel. The applicants would apparently own all the dogs, although the dogs may be leased to others who will take them to the track. Our concern is that one acre-foot per year will not be sufficient for the proposed use. We must ask that the applicants supply an analysis of their water requirements, also any restrictions which might be used as assurance that the facility would be able to operate within the limits of the available water supply. Please let us know if you have any questions. Sincerely, "db. bSimpsP.E. Assistant State Engineer HDS/KCK:ma cc: Jim Clark, Div. Eng. Dewayne Schroeder r USR-577 Shig S. Nakagawa MAILING LIST McDonald H. Brand 3037 Weld County Road 19 Brighton, CO 80601 John E. Underhill Rt. 2, Box 203 Brighton, CO 80601 Mark Valdemar Box 2196 Aspen, CO 81611 Farm Appraisal and Ranch Management, Inc. 1600 Broadway Suite 660 Denver, CO 80202 SUBJECT 20 ' ?TY c„0 Weld County Baud 17 i- Brighton Color:_do 30601 iWI:..7;R OF I1 5I AL 'RIGHTS : FICDi I IC LAND BESFhFCES COUP e BOX 2500 Eroomfield Co . 30020 `1 September 26, 1983 Mr. Mike Mullen Weld County Planning Department 915 10th Street Greeley, CO 80631 Dear Mr. Mullen: This is in response to the letter from Hal D. Simpson dated September 16, 1983. I understand his concern over my application for 100 greyhounds in the use by special review. I would first like to state that the 100 dogs applied for is only a proposed number. I would have to be extremely successful in the next seven years in order to have that many dogs due to the cost of raising a greyhound and ;cutting up fixtures. At this time we definitely know th -t it would be at least three to five years before we would exceed the twenty dog limit due to the cost of putting up a puppy pen and run and the regular kennel, plus the cost of raising the greyhounds. I called the Division of Water Resources and talked to Mr. Kepler who is familiar with my case. I explained to him that it was not my intention to exceed the usage that they had allowed me as I felt they were very helpful and cooperative in getting me the twenty dog maximum, but that I felt that if I should be successful three to five years from now I would attempt to change my domestic to a commercial well. This would allow me the 100 dog limit . If it would not be possible for me to change my permit, then I explained that I would supplement my entire dog operation with water that I would bring in from other sources. I have contacted my neighbor who has a commercial well and he is willing to sell me water or I would buy it from Denver and have it brought out to me. This is only if I could not obtain a commercial well. This is a breakdown of the proposed usage of the water. According to the water equivalent table I received from the Division of Mater Resources, we are allowed 325, 900 gallons of water use a year. In checking our water bills from our previous residence, we we charged for 149,000 gallons of water from June 1582 thru Nay 1583. This was for a house and 4500 square feet of lawn. Our proposed lawn and garden area at our current residence is 2000 square feet . This leaves 176, 900 gallons of water a year. I have talked to a veterinarian, Page 2 Dr. Hardin and to a kennel owner, Pr. Robert Feathers, and they both feel that two quarts of water a day per dog would be more than enough. For 100 dogs this would be approximately 18,250 gallons of water a year. Allowing 5 gallons of water a day for clean-up, I would use approximately 1,825 gallons a year for cleaning. Using t1HHese numbers I will be far under the allowed amount of water usage and could have enough for the trailer that I proposed for my in-laws or an employee. Since my in-laws are both retired, they would be here most of the time and they could watch over the greyhounds during the day while we work. I will be calling you either Thursday or Frid y, if you have any Questions prior to this time please call me at 837-3381 or 837-2877. Thank you. Yours trullyy,, Shig Nakagawa 2990 Weld County Road 17 Brighton, CO 80601 SEF 27 19B3 \\I Weld Co.PlenninC Comm�ss+on Hello