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Home My WebLink About850861.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR GREYHOUND TRAINING TRACK - THOMAS L. PHELPS 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 1st day of May, 1985 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Thomas L. Phelps , 5523 Weld County Road 37 , Fort Lupton, Colorado 80621 , for a Use by Special Review for a greyhound training track on the following described real estate , to-wit: Part of the NE4, Section 1 , Township 1 North, Range 66 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 Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld Country 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 the County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment. 850661 /l. r» 1 Page 2 RE: USR - PHELPS 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 , as well as with the future projected development in the immediate area. The future uses are intended to remain agricultural in nature. The intended proposal will not have any significant traffic or noise impacts . d. The proposal was reviewed by the City of Fort Lupton and the application was returned without comment. e. No overlay districts affect the site. f. Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE , BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for a greyhound training track on the hereinabove described parcel of land be, and hereby is , granted subject to the following conditions: 1 . The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2 . The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3 . The applicant shall submit to the Department of Planning Services a complete application for a Subdivision Exemption to correct an illegal lot split on the subject site.. Page 3 RE: USR - PHELPS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of May, A.D. , 1985 . y� //// BOARD OF COUNTY COMMISSIONERS ATTEST: ` J' �(' /�/� Ww . 7� a�1 WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Jacqueline Johnson, Chairman �� ) EXCUSED BY: / / ,tin. Gene R. Brantner, Pro-Tem Deputy,^ ot.ntylerk APPROVED AS TO FORM: C.W. Kif / , Sàney �/7 / - Frank Yama c i i OPERATION STANDARDS USR-670 : 85 : 8 Thomas L. Phelps 1 . The uses permitted shall be a greyhound training track as described in the application materials on file with the Department of Planning Services. 2 . The greyhound training track shall comply with the Colorado Racing Commission' s Greyhound Racing Rule Book, Section 17 , if racing is to be conducted at the Use by Special Review facility. 3 . In the event that watering facilities are planned or required for the greyhound training track, a commercial well shall be installed for the training track per the requirements of the Colorado Division of Water Resources. 4 . The applicant shall comply with the design standards for the Use by Special Review, Section 24 .5 et seq. , of the Weld County Zoning Ordinance. 5 . The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24 . 6 et seq. , of the Weld County Zoning Ordinance. 6 . 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 . 7 . The Use by Special Review area 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 Department of Planning Services . 8 . The property owner and/or operator of this operation shall be responsible for complying with all 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. HEARING CERTIFICATION DOCKET NO. 85-17 RE: USE BY SPECIAL REVIEW FOR A GREYHOUND TRAINING TRACK, THOMAS L. PHELPS A public hearing was conducted on May 1, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman - Excused Commissioner Gene Brantner, Pro-Tem - Excused Commissioner C.W. Kirby Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Aching Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Michael Mullen The following business was transacted: Since neither Chairman Johnson nor Commissioner Brantner, Pro-Tem, was present, Commissioner Kirby moved that Commissioner Lacy serve as Acting Chairman for this hearing. Seconded by Commissioner Yamaguchi, the motion carried unanimously. I hereby certify that pursuant to a notice dated April 15, 1985, and duly published April 18, 1985, in the La Salle Leader, a public hearing was conducted to consider the request of Thomas L. Phelps for a Use by Special Review for a greyhound training track. Commissioner Lacy reminded the applicant that a favorable vote of the three Commissioners present would be necessary to approve the Use by Special Review application. The applicant indicated that he wished to proceed with this hearing today. Assistant County Attorney Lee Morrison made this matter of record. Planning Department representative Mike Mullen read the favorable recommendation of the Planning Commission, subject to three conditions, into the record and stated that eight Operation Standards are proposed for this Use by Special Review. Thomas L. Phelps, the applicant, came forward to answer questions of the Board. Commissioner Kirby moved to approve the Use by Special Review for a greyhound training track for Thomas L. Phelps subject to the conditions and Operation Standards recommended by the Planning Commission. Commissioner Yamaguchi seconded the motion which carried unanimously. Prior to this hearing, the Board considered the request of Thomas I,. Phelps for Subdivision Exemption #235. Mr. Mullen read the request into the record and stated that the Planning staff recommends approval. The applicant was present to answer questions of the Board. Commissioner Kirby moved to approve Subdivision Exemption #235 for Thomas L. Phelps. The motion was seconded by Commissioner Yamaguchi and carried unanimously. APPROVED: //�) �] • BOARD OF COUNTY COMMISSIONERS ATTEST: ��6 +� ( {rwv��C{ �iv WELD COUNTY, COLORADO Weld County Cleric and Recorder EXCUSED and Clerk to the Board Jacqueline Johnson, Chairman / EXCUSED Deputy 'Jounty Cl 'k Gene R. Brantner, Pro-Tem i/ /4t -- C.W. Kirby , ' TAPE #85-31 DOCKET #85-17 g f1 F ank hi LHR 2238 -- ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : MAY 1, 1985 DOCKET # 85-17 - USR, GREYHOUND TRAINING TRACK, THOMAS L. PHELPS DOCKET # DOCKET # PLEASE write or print legibly your name , address and the DOS (as Id :tee above) or the applicants name of the hearing you are attending' . NAN ADDRESS HEAPING LADING E2 ry H / EXHIBIT�, INVENT0RY CONTROL SILT case (�/C5/6/J c� .2 I �< r� Exhibit Submittal By Exhibit Description A. �� > 'Ynn, 't''✓.'1< / ) .et er i".4 L<(L.4/ ?i ' Cke di D. ‘927,7274, �� 4CCteli+,, E. O jy F. G. H. I. J. K. T M. N. O. NOT I C E 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 ]0th Street, First Floor, 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. Should the applicant or any interested party desire the presence of a certified court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. 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. APPLICANT DOCKET NO. 85-17 Thomas L. Phelps 5523 Weld County Road 37 Fort Lupton, Colorado 80621 DATE: May 1, 1985 TIME: 2:00 P.M. REQUEST: Use by Special Review - Greyhound training track LEGAL DESCRIPTION: Part of the NEk, Section 1, 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: April 15, 1985 PUBLISHED: April 18, 1985, in the La Salle Leader ?" Affidavit of Publication STATE OF COLORADO) County of Weld) ss. 1 Legal Notice Pursuant to the zoning laws of the Slate I Fall. . ,,..,. s of of Colorado'and the Weld County Zon- ing Ordinance,a public heating will be held in the Chambers of the Board of said County of Weld being duly sworn,say that I County Commissioners of Weld County am publisher of_ _ Colorado, Weld County Centennial La .2 all Li;F1(i:_L' Center, 915 10th Street. First Floor, Greeley,Colorado,at the lime specified. that the same is a weekly newspaper of general All persons in any manner interested in circulation was printed and published in the the we By Special Review are re town of quested to attend and may be heard. .. S lie Should the applicant or any interested in said county and state;that the notice of adver- party desire the preullce of.certified tisement,of which the annexed is a true copy has court reporter to mate a record of the taped been published in said weekly newspaper for proceedings, addition t the the hose,the agate V Boart.Office rP,C __156iiseet tl ii on be canheMd(m.tYt d wrtlgad weeks: that the notice was published in the court r.weer�la the atea. B a wort regular and entire issue of every number of said i repmnc Is obtieted Ott Cloutt�to,ggtheh newspaper during the period am time of publica- poeb'a aka eltatl be ad,s.d taa8te Lion of said notice and in the newspaper proper SOM.at Ie be dapr pia court and not in a supplement thereof; that the first h snorterarhm.The[net of engaging PP 'snorter shall coburnsbythe g•cong publication of said notice was contained in the party. issue of said newspaper bearing the date. the BE It ALSO KNOWN that the text and mem w crated by the Weld County date of .. "- -L A.D., 19 Planning Cottrmimim'map be eaan'lued in the office of the Cierlt to the Board of camty Commissioners.located In the and the last publication e blii thereof, in issue of caton Weld County Centennial Center, 915 said newspaper.bearing date.the 1-'l day of 10th Street.Third Floor,Greeley,Col- orado. -:[,': '.1. , 19 l i ''that the said DOCKET NO.i{5-lT APPLICANT i,:i A.:111 ,, :,,,- ,1(A- Thomas L.Phelps has been published continously and uninter- 5529 Well County Road 81 ruptedly during the period of at least fifty-two Fort Lupton,Colorado 80621 consecutive weeks next prior to the first issue - thereof containing said notice of advertisement DATE:May 1,1985 o above referred to: and that said newspaper was TIME:2:00 P.M. at the time of each of the publications of said 1 Retlew - nonce duly qualified for that purpose within the REQUEST: training ining track' meaning of an act entitled. "An Act Concerning Legal Notices. Advertisements and Publications LEGAL DESCRIPTION: and the Fees of Printers and Pu Dlishers thereof, part tithe NeA.Section I,Township and to Repeal all Acts and Part=. of Acts in Con- North,Range 66 West of the 6th P.M.. flict with the Provisions of this Act" approved Weld County,Colorado April 7, 1921. and all amendments thereof, and BOARD OF COUNTY particularity as amended by an act approved, COMMISSIONERS March 30. 1923. and an act a proved May 13. WEIR COUNTY.COI.ORQDO 1 &Y:MARNN FEUERSTE R 4 COUNTY CLERKgm?:AND RECBOARD AND CLERK 10 THE BOARD Scubllllr Man,Rata,Dewty Subscribed and sworn to before me this SC DATED:April 19.1985 4Published M the La Salle Leader on day of L.e/,Ly, , A.D., 19 J-2.-.7 Thursday,Aptil 18.1985. , �J cz tcz_/ Notary P is My commission expires 7^tr ELilz tciE'9 H MAc�SE3, 22019 W.C.RD, 54 GREELEY, CO &rC31 V !.c rIV,•TY 11,77 `MTV APR 819 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISS _!.:_'._._.='._'. i RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Lydia Dunbar that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-670:85:8 NAME: Thomas L. Phelps ADDRESS: 552_! Weld County Road 37, Fort Lupton, Colorado 80621 REQUEST: A Use by Special Review Permit for a Greyhound Training Track LEGAL DESCRIPTION: Part of the NE3t, Section 1 , TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately three (3) miles east of Fort Lupton; north of State Highway 52 and west of Weld County Road 37. Be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with application requirements 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 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Flan policies in that the use does not infringe on continued agricultural use in the vicinity or the County. The proposal does not appear to have any adverse impacts On the agricultural interests of the County or the environment; — The proposal i;: consistent with the intent of the Agricultural Zone District and is provided for as a Use by f:pecial Review; - The activities proposed will he compatible with existing agricultural uses, as well as with the future projected development in the immediate area. The future uses are intended to remain agricultural in neture. The intended proposal will not have any significant traffic or noise impe.cts; A2 USR-670:85:8 Thomas L. Phelps April 2, 1985 Page 2 The proposal was reviewed by the city of Fort Lupton and the application was returned without comment; - No overlay districts affect the site; anC - Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Eepartment of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3. Prior to scheduling USR-670:85:8 before the Board of County Commissioners, the applicant shall submit to the Department of Planning Services a complete application for a Subdivision Exemption to correct an illegal lot split on the subject site. Motion seconded by Bill McMurray. Vote For PassE.ge Abstain Against Passage Bill McMurray Sharon Linhart Stephen Hamilton Paulette Weaver Doug Graff Lydia Dunbar Jack Holman 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. DSR-670:85:8 Thomas L. Phelps April 2, 1985 Page 3 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 Resolutiot of the Planning Commission of Weld County, adopted on April 2, 1985, and recorded in Book No. IX of the proceedings of the said Planning Commission. �Dyated the 2nd day of April, 1985 V e:6\ S. Ooa Bobbie Good Secretary OPERATION STANDARDS USR-670:85:8 Thomas L. Phelps 1. The uses permitted shall be a greyhound training track as described in the application materials on file with the Department of Planning Services , 2. The greyhound training track shall comply with the Colorado Racing Commission's Greyhound Racing Rule Book, Section 17, if racing is to be conducted at the Use by Special. Review facility. 3. In the event that watering facilities are planned or required for the greyhound training track, a commercial well shall be installed for the training track per the requirements of the Colorado Division of Water Resources. 4. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 5. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 6. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall he 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. 7. The Use by Special Review area 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 Department of Planning Services. 8. The property owner and/or operator of this operation shall be responsible for complying with all 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. Platte Valley Soil Conservation District 60 South 27th Avenue - Brighton, CO 80601 April 3, 1985 Mr. Michael S. Mullen, Current Planner Weld County Colorado Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Case Number USR-670:85:8 Thomas Phelps Dear Mr. Mullen: According to Important Farmland Map of Weld County Colorado, this soil is Irrigated land (not Prime) . This soil has a moderate limitation for paths due to the sandy condition. Soil could be dusty when dry. An erosior and sediment control plan should be prepared before final approval is given to this proposal . Sincerely, Robert Warner, President Board of Supervisors • o-, U 3 193 r„ We16 Co. Q1eoltx WitpmiSsian CONSERVATION - DEVELOPMENT SELF GOVERNMENT INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number USZ e.7o : &C. 8 Submitted or Prepared Prior to Hearing A1: Hearing 1. Application L3 Pages 2. (Aka Application plat(s) / page(s) 3. DPS Referral Summary Sheet 4. PPS Recommendation Y/ 5. DPS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List v/ 7. 3 DPS Maps Prepared by Planning Technician ✓ 8. DPS Notice of Hearing V 9. DPS Case Summary Sheet t/ 10. DPS Field Check r� . / 11. LthL€, -6. - e/k `�r' F`y"rcv 12. 13. 14. 15. 16. 17. 18. 19. 20. I hereby certify that the (1 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on _ APy;Q 8, 19PT . 441<Lass . (S29. Current Planner STATE OF COLORADO ) COUNTY OF WFLD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF caJe>a 19% , SEAL. NO 'ARY PUBLIC ----- µy Commission Expires Feb. 13, 1989 MY COMMISSION EXPIRES _. APPLICATION USE BY SPECIAL REVIEW Department of Planning; Services, 9.15 Tenth Street, Greeley, Colorado 80631 Phone - 3St,-4(000 - Ext. 4400 Case Number ({54 70 . 8 s El__ Date Received .2.,&) •�.� Application Checked by /ks,A,‘ Mylar plat submitted _ — Application Fee ,sd. ` Receipt Number_ 1e37',' Recording Fee_ /4,,__.64 Receipt Number ,r 7C0.,3 3TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary si;',na .u::.2) I (we), the undersigned, hereby request hearings before the Weld County Plann.i•tg Commission and the Weld County Board of County Commi;;sioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT ARt:A: 0310 Of N.E SIe ion 1 T 1 N, R E 6 W — LEGAL DESCRIPT::ON of contiguous property owned upon which Special F.rv'_ew Permit is proposed: P+. NE c{ -Section 1 T ' N, R 66 w Propert:y Address (if available)- 5525 Weld County Road 37, Ft. Lupton, Colo. 80621 PRESENT ZONE A-1 OVERLAY ZONES A-1 TOTAL ACREAGE 9.773 Acres ` PROPOSED LAND USE i:reyhound Trainin: Track ( no n—betting.) EXISTING LAND USE . ricu1tural SURFACE FEE (PRCPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: Thomas L. Phelps _ __ Address:5523 W.C.R. 37 city Ft. Lupton, Colo. zip 80 21 — Home Telephone o 303-657-4674 Business Tele,hone # 287-6900 w Name: Address: - City Zip Home Telephone dr Business Telephone # Name: -- — - Address: City Zip_ Home Telephone Business Telephone # _— APPLICANT OR AUTHORIZED AGENT (if different than above): Name _.— _. Address: City Zip Home Telephone t Business Telephone # List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Union Pacific Railroad Address: 02,1,7 41 f 1 c�.j1 Cit}' �t2/ o C ' Zip—— --- Name: Address: —_ City _— Zip Name: — —_— Address: City �.--Zi1'---- I hereby depose and state under the penalitiee: of perjury that all statements,. prep.:'gals 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 ) > • Sig ature: Owner of Aethorf?tsc. /lent Subscribed and :worn in before me this",;.( day of N-,1, J �r C1^tip �3 �.� . SEAL NOTARY PUBLIC My cormtission e...pires_-_- -0(/ To .t_I..=' 6'.r:;:. t t County I:•.,. i tit 't l:; 7:f:.7.qufli ,iinnt In I::I::/.E.';':+.! 'i::r t:i. .t :?1:::7. i: l . c .,'i .::1", F'_?riA:, t z we hi., i..lken intl., :..,..,t....�..►er't:>,.. : ..m t.i't ::.t. c) r. iw*cooi. .,.L is l:':i.:< i ._ .eIl'l ,.:i '.. the I-d .:,... t.:...,,..lf. '.y ,_:!..litp• ,..."..:ft..:.l ...._ Flan. 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Notary Public 415 .Denver Ave. Suite A My comm. exp. 12-04-85 Ft. Lupton, Colo. 80621 gx&:6,4-' c'( Date: April 2, 1985 CASE NUMBER: USR-670:85:8 NAME: Thomas L, Phelps ADDRESS: 5523 Weld County Road 37, Fort Lupton, Colorado 80621 REQUEST: A Use by Special Review Permit for a Greyhound Training Track LEGAL DESCRIPTION: Part of the NE4, Section 1, T1N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately three (3) miles east of Fort Lupton; north of State Highway 52 and west of Weld County Road 37. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements 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 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 the County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment; • 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, as well as with the future projected development in the immediate area. The future uses are intended to remain agricultural in nature. The intended proposal will not have any significant traffic or noise impacts ; - The proposal was reviewed by the city of Fort Lupton and the application was returned without comment; - No overlay districts affect the site; and - Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. USR-670:85:8 Thomas L. Phelps April 2, 1985 Page 2 The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3. Prior to scheduling USR-670:85:8 before the Board of County Commissioners, the applicant shall submit to the Department of Planning Services a complete application for a Subdivision Exemption to correct an illegal lot split on the subject site. OPERATION STANDARDS USR-670:85:8 Thomas L. Phelps 1. The uses permitted shall be a greyhound training track as described in the application materials on file with the Department of Planning Services. 2. The greyhound training track shall comply with the Colorado Racing Commission's Greyhound Racing Rule Book, Section 17, if racing is to be conducted at the Use by Special Review facility. 3. In the event that watering facilities are planned or required for the greyhound training track, a commercial well shall be installed for the training track per the requirements of the Colorado Division of Water Resources. 4. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 5. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 6. 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. 7. The Use by Special Review area 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 Department of Planning Services. 8. The property owner and/or operator of this operation shall be responsible for complying with all 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. LAND-USE APPLICATION SUMMARY SHEET Date: March 26, 1985 CASE NUMBER: USR-670:85:8 NAME: Thomas L. Phelps ADDRESS: 5523 Weld County Road 37, Fort Lupton, Colorado 80621 REQUEST: A Use by Special Review Permit for a Greyhound Tra'_ning Track LEGAL DESCRIPTION: Part of the NEti, Section 1, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of Fort Lupton; north of State Highway 52 and west of Weld County Road 37 SIZE OF PARCEL: 9.7 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review are listed in Section 24.3 et seq. of the Weld County Zoning Ordinance. The applicant is requesting permission to construct a greyhound training track. The town of Fort Lupton has reviewed this request and does not have any objections with the proposal. The Division of Water Resources has raised a concern about water requirements. An Operation Standard will address this issue. The Department of Planning Services has not received any objections to the proposal from surrounding property owners. MSM:rjg FIELD CHECK FILING NUMBER, USR-670:85:8 DATE OF INSPECTION: March 8, 1985 NAME: Thomas L. Phelps REQUEST: Use by Special Review Permit for a Greyhound Training Track LEGAL DESCRIPTION: Pt. NF1 of Section 1, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of Ft. Lupton; north of State Highway 52 and west of Weld County Road 37. LAND USE: N 7 residences, pasture E Weld County Road 37, residence, cropland S 5 residences, pasture, cropland W 5 residences, pasture ZONING: N Agricultural F Agricultural S Agricultural W Agricultural COMMENTS: Subject site is a 9.7 acre parcel with a single-family residence, garage, outbuildings and animal pens. The proposed training track would be located on a site that is relatively flat. Access is to Weld County Road 37, a gravel road. 17 residences are located within a 1/2 mile radius of the proposed training track. G ''^+ Michael S. 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M1 ''ll fs ' ' . .1 0/5 -4'0,....43-. :, ` I : 'ill •y ' - ' ' ' ::-;?...!4-. r ft=« . 11 ,, • • • , t.# Rte: ; • . ": ' ; ,.'"- '� 4:1.1‘ G�� ,�py�y" 2 �. (f n i,�fix'f, x" -41, aL{ r . 'ry-.4 xy. A p 1 • 1" n 4t F' *( 'VW' y 7�5 R ' ' a.a i x vY ♦ , `' r a ( , :ri ;�.� , ',t,r-w'eS . .! 1"e"‘ r., Ft i f,;.%C >`t ''.."=-.-= ** '� , Kfs^ ' ,=4-:„...,:-..;,,:j.31,..,-3,;33.: �+„Ts[ � � `IK..„?3,1/4' k".„,47.4.• MG,.. 4�i',(4,,..',:.. " I C DEPARTMENT OF PLANNING SERVICES 7S'� (1% PHONE(303)3564000 EXT. 4400 �T 915 10th STREET \ GREELEY, COLORADO 80631 wilk:• COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, April 2, 1985 at 1:30 p.m. to review a request for approval of a Use by Special Review Permit for a Greyhound Training Track from Thomas Phelps on a parcel of land described as pt. NEIL of Section 1, T:.N, R66W of the 6th P.M. , Weld County, Colorado containing 9.7 acres, more or less. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Veld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should he submitted in writing to the Veld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631 , before the above date or presented at the public hearing on April 2, 1985. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Robert E. Ehrlich, Chairman Weld County Planning Commission To be published in the La Salle Leader To be published cne (1) time by March 21, 1985 Received by:_ CU-u-,'', i : .. ... -__ - Date: Pia..L:"A'-e , x&`,t5" SURROUNDING PROPERTY OWNERS CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the attached Notice of Hearing in case if USR-670 for Thomas Phelps in the United States Mail postage prepaid First Class Mail, and addressed to the above stated persons, as per attached list This Eta day of March , 1985 (9 ) MAILING LIST THOMAS PHELPS USR-670 SURROUNDING PROPERTY OWNERS Fred & Carol Currier 17855 Hwy 52 Ft. Lupton, CO 80621 Lela Thompson 5524 WCR 37 Hudsor, CO 80642 Gene & Romona Glover 5813 WCR 37 Ft. Lupton, CO 80621 Cheryl & Douglas Burge 5483 WCR 37 Ft. Lupton, CO 80621 Thomas L. & Kathryn Phelps 5523 WCR 37 Ft. Lupton, CO 80621 James & Betty Seward 17888 WCR 14 Ft. Lupton, CO 80621 Ernie & Loree: Unrein 5443 WCR 37 Ft. Lupton, C0 80621 Kenneth J. & Erma Lambert Box 34 B Henderson, CO 80640 MINERAL OWNERS CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the attached Notice of Hearing in case # USR-670 for Thomas L. Phelps in the United States Mail postage prepaid First Class and add~essed to the above stated persons, as per attached list This 8th day of March , ig 85 MAILING LIST THOMAS PHELPS USR-670 MINERAL OWNERS Union Pacific Railroad 2020 Wewatta Denver, CO 80200 `�+ �� FORT 1ro# QeItp of fort I�L1pt0n v t� 9[ COUNTY OF WELD 18 / • 130 S. McKINLEY AVENUE FORT LLIPTON(303)857-6667 �:_.:P P.O. BOX 158 DENVER METRO(303)893-5404 FT. LUPTON, CO 80621 GREELEY METRO(303)356-9225 COLOpAO� March 25, 1985 Mr. Mike Mullen, Planner Weld County 915 10th Street Greeley, CO 80631 RE: Case No. U.S.R. — 670:85:8 Dear Mike: I contacted the chairman of the Planning Commission regarding this project. He and I agree that although this project site is within three miles of the city limits, it is beyond our service area due to topography. The chairman asked me to return this without comment. If you__have any questions please contact me. S:'ncerel //:--, /Roberta- mb Director of Public Works RSC/tr 0 - gd_d_21---i-ric\—tir 8 MAR 29 1985 Weld Co. Planning Co igns:gun 14:1;:f"0 U.S.0.A. SOIL CONSERVATION SERVICE INFORMATION ON A PART OF SECTION 1 , TOWNSHIP 1 NORTH, RANGE 66 WEST, WELD COUNTY FOR TOM PHELPS Ali AYRES ASSOCIATES A 10 acre parcel owned by Tom Phelps in the Northeast one-quarter Section 1 , Township 1 North, Range 66 West, Weld County, Colorado is shown on the attached map. The United States Department of Agriculture and Soil Conservation Service book, titled Soil Survey of Weld County, Colorado Southern Part has the soils on this 10 acre parcel idenified as the Vona Loamy Sand 0-3 percent slopes and the Vona Loamy Sand 3.5 percent slopes. The properties of these soil roups are discussed below. Vona Loam,_ Sand, 0 to 3 Percent Slopes: This is a deep, somewhat excessively drained soil on plains and high terraces at elevations of 4,600 to 5,200 feeL. It formed in eolian or alluvial deposits. Included in mapping are some leveled areas. Also included are small areas of soils that have a loamy substratum and some areas of soils that are noncalcareous to a depth of 60 inches. Typically the surface of this Vona soil is grayish brown. The upper 6 inches is loamy sand and the lower 5 inches is fine sandy loam. The subsoil is brown and light yellowish brown fine sandy Ica:i about 16 inches thick. The substratum to a depth of 60 inches is sandy loam. Permeability is moderately rapid. Available water capacity is moderate. The effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is low. Sand bluestem, sand reedgrass, switchgrass, sideoats grama, blue grama, pubescent wheatgrass, and crested wheatgrass are suitable for seeding. Vona Loamy Sand, 3 to 5 Percent Slopes: This is a deep, somewhat excessively drained soil on plains and high terraces at elevations of 4,600 to 5,200 feet. It formed in eolian or alluvial deposits. Included in mapping are some leveled areas. Also included are small areas of soils that have a loamy substratum and some areas of soils that are noncalcareous to a depth of 60 inches. Typically the surfaces layer of this Vona soil is grayish brown. The upper 6 inches is loamy sand and the lower 5 inches is fine sandy loam. The subsoil is brown and light yellowish brown fine sandy loam about 14 inches thick. The substratum to a depth of 60 inches is sandy loan. MIRES ASSOCIATES Permeability is moderately rapid. Available water capacity is moderate. The effective Rooting depth is 60 inches or mor,:. Surfac2 runoff is slow, and the erosion hazard is low. Sand bluestem, sand reedyrass, switchgrass, sideoats grama, blue grdma, pubescent wheatgrass, and crested wheatgrass are suitable for seeding. Both soil types listed above have or unified classification of SP4 and are non- plastic. JWRES ASSOCIATES \-J--C____ 44 1 73 \ ( c. \ \..i....,N , J ( \ 7C 73 1 y)13'' \ 44 , `\� 44 1` "--1 7 �1 CO•,36 \ (i N ( ( u`t,04,\ ----"",\::9----} / i 4 t 69 \ 44' ,r,.H.. , 41 44 `- , \..\ --'t 1 {,,., `73 ‘ z ....../". 72 4 -\ �� i //1 , 7J7, J,. 73 • I• 1, \ `� \-/Th / ,16 r...f l If 73 65. . 7C: 44 I Gil I A 2 :KALE \ _ cc7:\"? ,. ` 70 � .35 \ 7: ''. ...\ \_ ��, y^ l". +\ 72 1/ 45 �; +\ \\��, +\ • 72 Vona Loariy Sand 0 to 3 Percent 51Opts 73 Vona Loamy Sand 3 to 5 Percent Slopes A part of the Martheast one-quarter Section 1 , Township 1 North, Range 66 West, Weld County, Colorado. Map from Soil S.frvey of Weld County Colorado Southern Part U.S.D.A. S.C.S. Sept. 193U. Y! AlS ASSOCIATES '1alt ..L' t:a#t 6;14e Pudec saot atiiic.I Our Objective—"Flimina ion of Hazards" FORT LUPTON, COLO. 80621 Feb. 3, 1985 To Whom It Nay Concern: The property of Thomas Phelps, located at 5523 Weld County }toad 37 , is located in the Fort Lupton Fire Protection District. This area is serviced by the Fort Lupton Volunteer Fire Department. Si- c :rely, -1u dI/t . J' aid Cummins ;secretary AFFIL?.VIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property '3lc> c4= I.1E_ V ..;r= Si , T f 4 , RCa-. ►J o THE h _i�i_ STATE OF COLORADO ) s C . COUNTY OF WELD THE ;!NDERSI '!ED, 5eing first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of thu names , addresses and the corresponding Parcel identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (SC0) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. _ ' .ice'1i ! •_ I The foregoing instrument was subscribed and sworn to before me this �2xliday _ 6J uzxg , 19_15_ by T oma L. Phelps ---� --__ WITNESS my h.. nd and official seal . My Commission expires : 12-04-85 i Notary Public 415 Denver Ave, Suite A Fc. Lupton, Colo. 80621 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STAIR � .ANT? 7.IP _ CBE IDENTIFICATION # Fred T. & Ce.ro.l. B. Currier Awy. } •AC:4 X1471—U1—Ci—OC -0..5 /�u.eesa Lela 7!homasan 5524 veld County ;.oad 37 1473-06-0-cc-C )19 Pr. 00 . Cene & ].'amor..a clover 561.5 ;h:ld County Roc--.d 37 1471-01-0-00-0•'4 Chex�1 & DoL.r la:_ -'L�.r; e 5483 :Jeid County ]toad 37 1471-01-1-OC-0' 5 Thomas L. & Kathryn Phel.K: 552; Weld Coun�y Rd. 37 1471—:?1—C-0 )-046 James B. & ;3 a 1.747.,ewar : 17 z�� iw.r;. I. 14 ft. Lipton 1174 411-0-:—C_00-023 & Loree Lnr•o}.n 5443 •C. +.. 7 It. Lupton, C(.1o. 1471—'1-0—J0—G',2 Kenneth J. & ]'a�'ma L't.ibert F.1v Co. 3=� :�: H.,nde_.,>rson, o AFFIDAVIT OF INTEREST OWNERS MINERAIS AND/OR SUBSURFACE Application No.___�,, Subject Property i 3 tom' ,,:- -r-j . PJE. V.y o„= iF{F_ C,12 RM. L1€L.O Lo STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me this 12th day of February , 19 85 By Thomas L. Phelps WITNESS my hand utd official peal . My Commission expires : 12-04-85 Notary Public 415 Denver Ave. Suite A Ft. Lupton, Colo. 80621 SCHEDULE B — Section 2 Exceptions tr:13.i CU :']426 Number..Nuber.. Co rms Lnotit Number' the pulley erg policies to b .. :d r/ !I erthrt'!i ttarcim , the fullov rr'. unless the sane s w;_c' r.4 ro the sa risfnction of Use Company, 1. Rights or *Jilt, par tAe.s in I e sio,) iii;.. , ,,.;n f .. ..hr pubhc!;sr,tda. ' Bases!,'!! s, or chhm.,of ensemenc, out. slice "y th.- urrirric r cords. 3. hHeft:pan es. ro!rfl r 'n _:o! glary lines ;r , rmernthinhents, and .:ny :vhi„h a cmcct swvey or:;: ,.. I.u:.. lit the puethisLts v.v.,t !r! ths•:!hht. h s.i;icn to not ;itriwn by tin . .r.ords, 4. A•.y hen, a, t Iqh' r i lien, for HViCe,. LA394 Ci m. ss! ther.:.terj , or hereafter iu ' s ''',H.:,-.CJ J .!y law a i wh shyc li 'b,y the public !ru,r dt, S. Drf'Cts, ' ,.ns eeric„imbraretet, arrvece ehhem or mire: ! U 3t.r,, if oily, cr- ar..d, first t rth a:icg in hi,; pu'.rlic rece'ds or; ttchict suhscrinent r r the etfet t.- h, f but ;; iol lathe d to the prnpo insured acquires of record fur vain,: nie inritte or rt Cl urtg. ^mt sc2: ed L,`,./ this Cnmmiirnu'rt G. larc's da ' ,.':S4 s7` 1t'!7C TCfiy 5,f s , ..,. .>rh>, .k,t yt:>t duo 0T. s',atic9, 7. 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' 41 ,., are f1''P" L.a ..onve.ef£ :t- Cr .C3Sa.r:v tot' the ric,ht 4tlM1f' C; . ,.P :l ai ti.,, x" ... . 7::,,:5.CC5 or .. 38:' ., Lind iil:' the cOnve$ c;':.;: ' lar tfi t t" < 2... ., if r h p . -.e.. a r,,- r for t 4'.a.,n zinc', l ri)"t.: :!`ia tir2 : 0:"t.,r, ttt ' . . _,...":. I :s.'.i .' ..: c, I r _., 1:..:.1 ' , y0'..11Ifti: r , Cr:', a , 'r7t ,.. . . .ri: 1 .ttiL t 2,' ", :al c ` t,: U, and !.?SJtr..t. .. /•. `i:,',; , . v. • 1. ._: . t , i'.. : 1 c?1,, croili:itii..ic.ci;,:ii:: . ,.`} , any .it3;tTE' in 1 170,-,1 t ,. . ,. .`;r t er ! u:R,y ri,; e.'? . L, , i.h: 1 . 61"e:] 10. By Got.9r 0f the ('oard a"," County Co:77-i 3 :- , €srtcd DeF ..., :.. , tiRRl9 and ,A f t�f'C0i fiCt �F�.d'_{.,tE'"5" � ] :n , ._. `.�. .. 4 ..a rt C • ( i e t ^"x T r , 1 ( 1 , t ' fact tl'�Ct ., f... t{01'f'h. ,S.i ii a;.6...; t `. � r zi: C ( . . t 8C � n . tlidth, The E C4inty '.as > .'n' . ., t'... °y t .- L.:17 + �t^. ui f_ v "?1,41 5{! foot cm cash e ! r. i '. Exceptiona-tu,: rc !�! tr*rl,�iv ' � �: S°.",'14 °Vi; <`_- l• "il• 'T 5'211Afit. 406004 CC 'I tit! 1 0Uit" OF t:ir ;- . REFERRAL LIST APPLICANT: Thomas Phelps CASE NUMBER: USR-670:85:8 SENT REFERRALS OUT: March 7, 1985 REFERRALS TO RE RECEIVED BY March 22, 1985 m m z m0 m 0 Z H z I-I 0 H H W H <1 'n F Q 2 -H k U U 2 O 0 O Z 0 O co G 0 O U O Z E U U O (r -"-1 0 O W ca. 0 i -- Brighton Soil Conservation I J County Attorney (plat only) nr i Service Weld County Health Department I 60 South 27th Avenue • /I XXI I Brighton, Colorado 80601 i X Engineering Department I g 9 / I I Bill McMurray f " ' l J j Weld County Planning Commission County Extension Agent w 1 P.O. Box 161 �, i Brighton, Colorado 80601 Office of Emergency Management] ° I r-- Art Doll Bob Crumb, Director ✓ Colorado Racing Commission Public Works Room 110 P.O. Box 158 State Services Building J p XX] Fort Lupton, Colorado 80621 1525 Sherman Street -= (March 12th Meeting) i I Denver, Colorado 80203 f i Dennis White lAmerican Humane Association J 'AX] State Engineer 9725 East Hampton Division of Water Resources Denver, Colorado 80231 1313 Sherman St. , Room 818 Dave Karpel Denver, Colorado 80203 / Rocky Mountain Energy State Highway Department v Union Pacific Corporation 1420 2nd Street 10 Longs Peak Drive Box 2000 Greeley, Colorado 80631 Broomfield, Colorado 80020 —1 Coloado Department of Health lWater Quality Control Division !—' 4210 East 11th Avenue Denver, Colorado 80220 Ron Ceretto, Chief J li Ft. Lupton Fire Protection District 213 3rd Street Fort Lupton, Colorado 80621 -&F-Coro RICHARD D. LAMNI Q'�a �4a'�8 V9�Governor JERIS A. DANIELS'vN !� 'G� * s„ -�•� * Stale Engineer �876� OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 March 20, 1985 Mr. Michael Mullen Weld County Planning Department 915 10th Street: Greeley, CO 80631 Re: Phelps Special Review NE1/4, Sec. 1, TIN, R6oW Dear Mr. Mullen: As requested, we have reviewed the above reterenced zoning application which would al=_ow construction of a greyhound training track. No information is provided on water requirements or the supply source. We cannot recouTnend approval without this information if water will be required. The applicants cannot use the domestic well which serves the house for tine commercial opera- tion. Sincerely, /47A Hal D. Simpson, P.E. Assistant State Engineer HDS/JRH:ma/4458H cc: Jim Clark, Div. Eng. Steve Lautenschlager Weld to. 9lanuu,k t.nnumss+m Hello