HomeMy WebLinkAbout871416.tiff RESOLUTION
RE: APPROVE CONTINUANCE OF HEARING CONCERNING AMENDED SPECIAL
REVIEW PERMIT FOR EXPANDING EXISTING DOG KENNEL - L.E.A.D. ,
INC.
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 4th day of November, 1987 , at the hour of 2 : 00 p.m.
in the Chambers of the Board for the purpose of hearing the
application of L.E.A.D. , Inc . , c/o John Birleffi , for an Amended
Special Review permit for the expansion of an existing dog kennel
on the following described real estate, to-wit:
Part of the W} NW* , Section 13 , Township 6
North, Range 65 West of the 6th P.M. , Weld
County, Colorado
WHEREAS , said applicant was represented by John Birleffi, and
WHEREAS , Section 24 .4 . 2 of the Weld County Zoning Ordinance
provides standards for review of said Amended Special Review
permit, and
WHEREAS, the Board of County Commissioners heard testimony
and statements of those present, studied the request of the
applicant and the recommendations of the Weld County Planning
Commission, and
WHEREAS, it was determined at said meeting that this hearing
be continued to December 9 , 1987 , at 2 : 00 P.M. in order that the
applicant provide the following to the Board:
1 . A statement concerning ability to control noise of dogs
which are outside in the evenings.
2 . Certified evaluations by the Colorado Racing Commission
and the Greyhound Association concerning the adequacy of
the indoor facility.
3 . A drainage evaluation by an engineer.
' ' 87
/ , 91416
Page 2
RE: CONTINUE HEARING - L.E.A.D. , INC.
4 . A proposed Development Standard concerning the Amended
Special Review permit' s ability to be conveyed,
transferred, or sold in the future .
WHEREAS , said documents must be submitted to the Clerk to the
Board ' s Office by December 2 , 1987 , and
WHEREAS , the Board further determined that an on-site
inspection of the facility be conducted.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hearing
concerning the request from L.E.A.D. , Inc. be, and hereby is ,
continued to December 9 , 1987 , at 2 : 00 P.M. with testimony to be
limited the hereinabove mentioned items .
BE IT FURTHER RESOLVED by the Board that the applicant shall
submit the items hereinabove mentioned to the Clerk to the Board ' s
Office no later than December 2 , 1987 .
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 4th day of
November, R.D. , 1987 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUN Y, LO ADO
Weld County lerk and Recorder
and Clerk to the Board Go a y, airman
BY: d 2 C.W irby, Pro m
Dy/r�uty County erk
APPROVEc /c ) c
ASO FORM: e e R. Brantner
oh son
County Attorney
Frank Yamaguchi
r7
9f1416
HEARING CERTIFICATION
DOCKET NO. 87-70
RE: AMEND SPECIAL REVIEW PERMIT TO EXPAND AN EXISTING DOG KENNEL FROM
30 DOGS TO 200 DOGS - L.E.A.D. , INC.
A public hearing was conducted on November 4, 1987, at 2:00 P.M. , with
the following present:
Commissioner Gordon E. Lacy, Chairman
Commissioner C.W. Kirby, Pro-Tem
Commissioner Gene Brantner
Commissioner Jacqueline Johnson
Commissioner Frank Yamaguchi
Also present:
Acting Clerks to the Board, Mary Reiff and Tommie Antuna
Assistant County Attorney, Lee D. Morrison
Planning Department representative, Brian Bingle
The following business was transacted:
I hereby certify that pursuant to a notice dated October 14, 1987, and
duly published October 22, 1987, in the Johnstown Breeze, a public
hearing was conducted to consider the request of L.E.A.D., Inc. to
amend a Special Review permit to expand an existing dog kennel from 30
dogs to 200 dogs. Lee Morrison, Assistant County Attorney, made this
matter of record. Brian Bingle, Planning Department representative,
read the favorable recommendation of the Planning Commission, which is
based upon two Conditions and ten Development Standards, into the
record. John Birleffi came forward to represent the applicant. He
stated that L.E.A.D. , Inc. owns a successful operation in Larimer
County, and he explained this proposed operation. He said this cannot
be an economically successful operation unless a larger number of
greyhounds is allowed. Others who spoke for the applicant were Earl
Anderson and Robert Anderson, both nearby neighbors; and Herb "Dutch"
Kaerner, Vice-President of the National Greyhound Association and owner
of the property. Public comment against this proposal was offered by
Kenneth Lind, Attorney, who introduced Phil Stewart, president of
Natural Resource Development Association, who spoke concerning his
inspection of the premises this morning (Tape Change #87-113) ; Evelyn
Schmidt-Schwisow; Mike Armstrong; and Doug Kershaw. Mr. Lind presented
Exhibits K-M. Also speaking in opposition to the request was Zane Pic,
Attorney representing Doris Anderson, who introduced Ray Larson,
realtor and appraiser. (Let the record reflect that a twenty-minute
recess was held at this time.) Upon reconvening, Mr. Pic presented
Doris Anderson, who lives within 600 feet of the site. Mr. Pic also
requested that, if this proposal is approved, the following changes be
made to the Development Standards proposed by the staff and the
additional Standards presented by Mr. Lind as Exhibit "M": that "and
puppies" be added after "dogs" in #1; that #4 be amended by adding "and
runs" after "kennel areas" and requiring that waste be removed from the
property on a daily basis; and that "the Humane Society" be added after
"Weld County Health Department" in #8. Mr. Birleffi came forward to
make rebuttal statements. He said that the request is for a total of
200 dogs, including those under six months of age. Mr. Birleffi also
stated that the waste is picked up daily, and he commented that the
worming and vaccinating of the animals begins at an early age. Mr.
Kaerner also made comments and answered questions of the Board. Mr.
Birleffi and Mr. Kaerner made comments concerning the additional
conditions as recommended by Mr. Lind. (Tape Change #87-114) After
further comments, Commissioner Johnson said she is concerned about
Page 2
HEARING CERTIFICATION - L.E.A.D. , INC.
various items and would like to have the applicant submit the following
to the Board: a statement concerning ability to control noise of dogs
which are outside in the evenings; a certified evaluation by the
Colorado Racing Commission and the Greyhound Association concerning the
adequacy of the indoor facility; and a drainage evaluation by an
engineer. She said she would also suggest that an on-site inspection
be conducted by the Board. Commissioner Brantner stated that he is
concerned about the training which will be conducted on Sundays on this
property. Mr. Birleffi said no training will be conducted on Sundays
at this site. Commissioner Kirby reviewed and commented on the
Standards of Approval. Commissioner Johnson commented on Standard #16,
which was suggested by Mr. Lind, saying that this Standard will limit
the Use by Special Review's ability to be conveyed, transferred, or
sold without prior approval of the Board of County Commissioners.
Discussion followed concerning the intent of this Standard, and
Chairman Lacy said if the facility is sold, a new USR need not be
applied for, but the Board must approve the buyer's capability to run
the facility. Mr. Morrison said, if in fact this is the intent of the
Standard, it will have to explain the new operator's role. Mr. Lind
came forward and requested that he be granted permission to conduct an
on-site visit also. The Board suggested that he contact the applicant
for permission to conduct such an on-site visit. Chairman Lacy said
the applicant shall be responsible for preparing the verbiage for this
Standard. Commissioner Yamaguchi moved to continue to December 9, with
the applicant to have the requested information filed with the Clerk to
Board's Office by December 2, 1987, so that it can be reviewed by any
interested party. Commissioner Kirby seconded the motion and it
carried unanimously.
This Certification was approved on the 9th day of November, 1987.
APPROVED:
• BOARD OF COUNTY COMMISSIONERS
ATTEST: � � WELD COUN Y RA
Weld County Clerk and Recorder
and Clerk to the Boa Gor o ac , rman
•
eputy County C rk C.W. Kirby, Pro-Tem
PS,it fitant...Gene R. Bran
/U
Frank Y&tnaguchi
TAPE #87-112, #87-113 & #87-114
DOCKET #87-70
PL0406
ATTENDANCE RECORD
-PLEASE write or print legibly your name, address and the name of the -applicant
or Docket I for the hearing you are attending.
TODAY'S HEARINGS ARE AS FOLLOWS: NOVEMBER 4, 1987
DOCKET #87-69 AMEND USR TO ADD ASPHALT BATCH PLANT AND UPDATE EXTRACTION SCHEDULE - GREELEY
SAND & GRAVEL
DOCKET #87-70 AMEND USR TO EXPAND EXISTING DOG KENNEL -FROM 30 DOGS TO 200 DOGS - L.E.A.D. ,INC.
DOCKET #87-71 AMEND USR FOR EXPANSION OF OIL & GAS SUPPORT -FACILITY - GOLDEN BUCKEYE
PETROLEUM CORPORATION
NAME ADDRESS REARING ATTENDING
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S71517
NOTIDE
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, First floor, Greeley, Colorado, at the time
specified. -Ali persons in any manner interested in the amended Special
Review permit are requested to attend and may be heard.
Should the applicant or any interested party desire the presence of a 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 in writing 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, 87-70 L.E.A.D. , Inc.
c/o John Birleffi
2056 26th Avenue
Greeley, Colorado 80631
DATE: November 4, 1987
SIME: 2:00 P.M.
REQUEST: Amended Special -Review permit to expand an Existing dog kennel
from 30 dogs to 200 dogs
LEGAL DESCRIPTION: Part of the W} NW} of Section 13, Township 6 North,
-Range 65 West of the 6th P.M. , Weld County, Colorado
LOCATION: Approximately 2 miles northeast of the City of Greeley; north of
Weld County Road 68 and east of Weld County Road 47
-BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK 20 THE BOARD
BY: Mary Reiff, Deputy
DATED: October 14, 1987
PUBLISHED: October 22, 1987, in the Johnstown Breeze B71517
qy
-XHiA.T ry151 0
NOTICE AFFIDAVIT OF PUBLICATION
Purtpnt to the zoning laws of
the Sate of Colorado and the
Weld County Zoning Ordinance, THEJOHNSTOWN BREEZE
a public hearing will be held in
the Chambers of the Board of STATE OF COLORADO 1
County Commissioners of Weld ) SS
County, Colorado, Weld County
•
Centennial Center, 4)15 10th COUNTY OF WELD 1
Street, First Floor,f�z,eelGsly� Colo- I, Clyde Briggs,ido solemnly_Swear that I
• redo,
drssons in-anytimanner inte este
In theqimended._SpeciarReview am publisher of The Johnstown Breeze;
permit are requested to attend that the same is a -weekly newspaper
and may be heard printed, in whole-or in part, and published
Should the applicant or 4tny in the County ol Weld, State Of Colorado,
interested arty desire the
presence of a court reporter to and has a general circulation therein; that
make-a record of the Proceed- said newspaper has been published
reco in addition to the taped continuously and uninterruptedly in said
record which will be kept during
the hearing,f the be
to teefor a izeriod of Boardor s oft�ge of contactedcertified fifty-two consecutive co sc utive -weeks prior rtot the
list reporters in the area. II acourt
reporter is obtained,the first publication of the annexed legal notice
f� guard's Office shall lr to be oradvtrtisemenl; that-said newspaper has
a rpe-"'no of such action
at least five Sauce r to the been-admitted to the United States mails as
hearing. The cost or ..?hell yea
court reporter shall be borne second-class matterunder the provisions of
the requesting party. the Act -of March 3, 1879, or any
BE IT ALSO KNOWN that the amendments thereof, and that said _
text and maps so certified by the
Weld County Planning Commis- newspaper is a weekly newspaper duly
sion may be examined in the qualified for publishing legal notices and
office of the Clerk to the Board of qualified for publishing legal notices and
office of the Clerk to the Board of tdvertiseme within the meaning of the
laws of the State of Colorado.
County Commissioners, located - That the annexed legal notice or advertise-
in the Weld County Centennial Center, 915 10th Street Third ment was published in the regular and
Floor, Greeley, Colorado. _ -entire issue of every number of said weekly
DOCKET NO. 87-70 newspaper for the period of consecu-
APPLICANT tive insertions; and that the first
LEAD, Inc publication of said notice was in the issue of
2056 26th Avenue said-newspaper dated. ... ....... A.U. 1957.,
Greeley, Colorado-80631 -and that the last publication of said notice
DATE: November 4, 1987 was in the issue of said newspaper dated
A.D. 19..B2Time: 2:00 P.M. • In witness whereof I have hereunto set
REQUEST: Amended _Special my hen this ..:3.P.... day of ..120"Review permit to expand an
existing dog kennel from 30 dogsto 200 -A.D. 19 .7
LEGAL dogs
DESCRIPTION: Part of
the h NWY. Section s1 C/ // .
Township Weof North, R.M99 6d r'�{�//L� publisher
West , the 6th P.M., Weld
County, Colorado
LOCATION: -Approximately 2
miles northeast of the City bf
Greeley, north of Weld County subscribed and sworn to before me, a
-Road 68 and east of Weld
County Road 47 - -Votary Public in and for the County of
BOARD OF COUNTY W Id,State of Colorago this ..3.O. day of
.
COMMISSIONERS ,CS A.D. 19.
WELD COUNTY,
COLORADO MARY ANN t� ge L�BY:FE ERSTEIN- ' /ck t� ��
COUNTY CLERK AND RECORDENotary Public,
O THE CLERK ARD -
-BY: Mary Reiff, Deputy
DATED: October 14, 1987 My commission expires
PUBLISHED:Ccttown Br ze2, 1987,. In Myt0mmission expires June 14,1991
the Johnstown Breeze.. 2 Sot:zi:h Parish Avenue
Irthnptn�nn n0 s0534
- S71.51?
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I, Paula A. Whaley of
said County of Weld, being duly sworn, say that I am
an advertising-clerk of
THE GREELEY DAILY TRIBUNE,and
yg THE GREEL-EY-REPLBLICAN
that the same is a daily newspaper of general
Flr, ry rna circulation and printed and -published in the City of
nN the weds e ds s s R.vir p g to re-
ad " Greeley, in said county and state; that the notice or
may aboard.
1d�amilea raided
tida�!t„etl Por2Y ♦thepreeehp Ma
-advertisement, of which the annexed is a true copy, has
t. Will be�ptdull*ggarMa�jln additioe-Clerk
been published in said-daily newspaper for consecutive
I .' Wcan acs OM for of certified court mania
rrkbattlINA ttferkto,b11164Wrs (days) }fB); that the notice was published in the
The<mr WWNO apepl a out atlion el lent five days regular and entire issue of every number of said
BE • NNOOWWNtthattMetod �1ta2N newspaper during the
Cdo mngCommliNan wMrtNiodby{MWNa period and-time of publication of
CNrk to the Board of Co _ONN Moil.. located me In. eof the said notice, and In the newspaper r0 eC-and not In a
Celi Centmillet mm liter. mdWmers, fnM .tee WeldP P
, b-Street, Third Flair. Greeley, supplement thereof; that the first publication of said
DK KETNO.MR) notice was contained in the issue of said newspaper
APPLICANY
t.R.A.o.,Inc. bearing date
c/o John Elruefl
'208626th Ayena
TFy.:JtlWemars,tear' _Greeley.Colors:100631
RAru8:g0 P.M. Twenty-second
WEST:Amended
dig kennel from SE dogs Amefld.d Special Review
permit to expand an existing day of October
LEGAL DESCRIPTION: Part of the W1/2 NW1/a of Section 12, and the last A.D. 197
YoWnaelp6 North.Range 6S West of tee 6tn P.M.,Weld County,col-
publication thereof; in the issue of said
ortnp
LOCATION:. MProximetely 2 miles oscines* of the City of newspaper bearing date the
OMley; north of--weld County.Road 6a and east of'Weld County
Road 0
-S°ARD OF COUNTY COMMISSIONERS Twenty-second
WELD COUNTY,COLORADO
,�k. EY:MARY ANN FEUERSTE IN day of October A.D. 1987
py95 i I-pLIN if CLERK AND RECORDER
DAiLbY 'y4y ' that said The Greeley Daily Tribune and T-he Greeley
The Oree *'bloc ri•. Republican, has teen published continuously and
uninterruptedly during the period of at least six
months next prior to the first issue thereof contained
said notice or advertisement above referred to; that said
newspaper has teen admitted to the United States
mails as second-class matter under the provisions of the
Act of March 3, 1-879, or any amendments thereof; and
that said newspaper is a daily newspaper duly qualified
for publishing legal notices and advertisements within
the gleaning of the laws of the State of Colorado.
October 22, 1987
Total -charge: $29.44
X44 G. l k_)ka .. iLk
Advertising Clerk
Subscribed and sworn to before me this
22nd day of October A.D. 19 387
(M5tcommission expires My Contm� tsaton Expires/iuiy-7, 1968
—
rNotary Public
87151II
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