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Home My WebLink About880344.tiff I111 11111;s11g liir II .1lt8lIl ig Di I I I 13l 3^ Ill ill ih ads tip 1:pli Y'lifYi rOP MOL I 2u , , ma y a °L 1 IIIIIIIhJ iIII ! flh1_ * Pl. I g•��--- a 2 11E el le ti ..i 5�$ ai1�� 2 O , a C�g �'g E m act iig 61l dts's I !1 IIJil1I m c * 4. 1 0 CII i Vili4.4 n2`. 4 -2ll 1It3 S1' id 1 t1 ° w "g s 1!{l 1111 1Ie5I ll IIIIII58 t-ili 15lai5 II 9 �'sl� c vs n =93 9"a 1Z 2r� 1�� 1 jjiii 11,4 WI Wee .q1jl liHH6 €�-fi$ltil1lsilgs5 .�PIsi� l1I V CC r 271 C4 a w5 w W 3 J i .. W ` 1 d ,!]!, (1) kJ 8 :I- Ii.:!: re 8 - .00s 8 2 .021 LOCI-3CI��"OOM L.1' - - J J ..—Z ^ u Li - ; . lY N R sew MintivO r k.ihl.:" pp.0 J. 3i ieeda \ - ua aN Hn w 1 g5 F, F',1 •:...C.-4'i O �,I I .9 %f- is �iis SFi ° m ig `� '0 VW , _ a , � ti4t �Nt ,� P - oI w - o: a X ' i 1 s u n 5EVw 'Pei I ii. L• 1- 1¢ g°" mi tM r 1 0 o,%' ° 1 �1.�i %f 1 EMS `°u <S pm t f P I. w o ° 2 _ �`S --"---_ ' ." a> > KIWI a o°u: Fly m a .° G to a I— , 8803414/ RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A KENNEL, WITH A MAXIMUM OF 30 CATS, LOCATED IN THE A-AGRICULTURAL ZONE DISTRICT - BARBARA J. BEALES 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 11th day of May, 1988 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Barbara J. Beales, 16749 Weld County Road 12 , Fort Lupton, Colorado 80621 , for a Site Specific Development Plan and Special Review permit for a kennel, with a maximum of 30 cats, located in the A-Agricultural Zone District on the following described real estate, to-wit: Part of the SW} SEI , Section 2, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was present, and WHEREAS, Section 24 . 4 .2 of the Weld County Zoning Ordinance provides standards for review of said Special Review permit, 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 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 proposed use is consistent with the Weld County Comprehensive Plan ' s Urban Growth Boundary Area Goals and Policies . The proposed use is located within the urban growth boundary area of the City of Fort Lupton . The Fort Lupton Planning 880344 Page 2 RE: USR - BEALES Commission reviewed this request and found no conflicts with its interests. b. The proposed use is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The proposed use is compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Agricultural Zone District. Four rural residences, agricultural farmland, a turkey farm, and a permitted dog kennel are located in the surrounding area. d. No overlay districts affect the site. e. The Special Review Development Standards will 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 Site Specific Development Plan and Special Review permit for a kennel, with a maximum of 30 cats, located in the A-Agricultural Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Special Review permit be adopted and placed on the Special Review plat prior to recording the plat. 2 . The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . The applicant shall receive and acquire approval of a boarding kennel application and plan review from the Weld County Health Department prior to operation of the kennel facilities. 4 . The applicant shall obtain from the State Engineer, Division of Water Resources, the proper well permit, and the Colorado Department of Health shall verify that the well water is suitable for this proposed Special Review permit. 880344 Page 3 RE: USR - BEALES 5 . Within 30 days of approval by the Board of County Commissioners, the existing septic system for the kennel shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to the Weld County Health Department. An I .S.D.S. Evaluation on the existing septic system for the residence will be necessary prior to issuing the required septic permits on the existing systems. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of May, A.D. , 1988 . cl A_ • ��R� ��2CmJ BOARD OF COUNTY COMMISSIONERS ATTEST: WEL UNTY, COLORADO Weld County Clerk and Recorder / e ��/ �✓I�wc-ry and Clerk to the Board 'Gene R. Brantner, Chairman BY: ‘ ;10 ).1“//‘ ‘ ‘ -L<.rurx C. Kire , Pr Tem ]Deputy Countylerk EXCUSED APPROVED AS TO FORM: Jacquel . n n Go County Attorn y Frank amaguchi 880344 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Barbara Beales USR-826 1 . The Special Review permit is for the approval of a Site Specific Development Plan and a Special Review permit for a kennel (for a maximum of 30 cats) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated therein. 2 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 , C.R.S. , as amended . 2 . Buildings and grounds shall be kept clean, in good repair, and free of trash. Animal waste shall be removed daily from the kennel area and stored in an enclosed container. The waste shall be removed from the property on a weekly basis . 3 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 4 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 . 5 of the Weld County Zoning Ordinance. 5 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance . 6 . Personnel from the Weld County Health Department, Weld County Humane Society, and the Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 7 . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations . Any material deviations from the plans or Standards as shown or stated 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 or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 880344 Page 2 DEVELOPMENT STANDARDS - BEALES 8 . The property owner or operator shall be responsible for complying with all of the foregoing Standards . Noncompliance with any of the foregoing Standards may be reason for revocation of the permit by the Board of County Commissioners . 880344 HEARING CERTIFICATION DOCKET NO. 88-22 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A KENNEL (MAXIMUM OF 30 CATS) LOCATED IN THE A-AGRICULTURAL ZONE DISTRICT - BARBARA J. BEALES Awhile hearing was conducted on May 11, 1988, at 2:00 P.M. , with the following present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Jacqueline Johnson - Excused Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff 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 April 25, 1988, and -duly published April 28, 1988, in the Johnstown Breeze, a public -hearing was conducted to consider the request of Barbara J. Beales for a Site Specific Development Plan and Special Review permit for a kennel (maximum of 30 cats) located in the A-Agricultural Zone District. Chairman Brantner advised the applicant that, with only four Commissioners present, if this hearing should result in a tie vote, the -absent Commissioner would review the record and listen to the tape of this hearing prior to casting the deciding vote. Lee Morrison, Assistant County Attorney, made this matter of record. Brian Bingle, Planning Department representative, entered the favorable recommendation of the Planning Commmission into the record. Barbara Beales, the applicant, came forward to explain her request. Ms. Beales said she will be using facilities already existing on the property to house her Persian cats, which she breeds and shows. No public comment was offered concerning this request. Commissioner Kirby moved to approve this request for a Site Specific Development Plan and Special Review permit, subject to the five Conditions and eight Development Standards contained in the Planning Commission recommendation. The motion, seconded by Commissioner Yamaguchi, carried unanimously. This Certification was approved on the 16th day of May, 1988. APPROVED: �„1) BOARD OF COUNTY COMMISSIONERS �1� a q ATTEST: WELD OUNTY, COLORADO Weld County Clerk and Recorder we gazig and Clerk to the Board Gene R. Brantner, Chairman BY `�' i71��1u coca- J /121 !Deputy County C' eeerk C.WKirby, Pro-T e EXCUSED Jacqueline J 'n•on TAPE #88-22 Go ac DOCKET 1188-22 /)! PL0432 Frank Y maguchi 880344 f PUBLIC NOTICE 'The Boars] of County -Commissioners of Weld -County, Colorado, on May 11, 1988, conditionally approved a Site Specific Development Plan and a Special Review permit _for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Barbara J. Beales 16749 Weld County Road 12 Fort Lupton, Eolorado 80621 LEGAL DESCRIPTION: -Part of the SW} SEi of Section 2, -Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Kennel (maximum of 30 cats) located in the A-Agricultural Zone District SIZE OF PARCEL: 6.62 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: May 18, 1988, in the Platteville Herald Affidavit of Publication STATE OF COLORADO) Courtly of Weld) ss. Annette Winkler Riesel-i1 I - said County of U1-Id but[IQ duly sworn s.iy that I .ini publisher of Platteville Herald _ that.the same is a weekly newspaper ill general circulation was pnnted and published In the . PUBLIC NOTICE town of Platteville The Board of County Commis- in said county and state that the notice ul adver- eioners xf Weld County, Col- orado,-on May 11', )999, condi- tisement.of which the annesed isa true copy has tionally approved a.Site Specific been published in said weekly newspaper for Development Plen_end a_Specie] Review-permit for the.property and purpose described below.. one consecutiveConditional approval of this plan weeks: that the notice was published in the creates a vested property rtaht regular and entire issue of even number of said • pursuant to Ardclq 9f..Tljue at, newspaper during the period and time of pubhca- of three years. r n period lion of said notice and in the newspaper proper APPLICANT: Sarbais J. and not in a supplement thereof: that the first Bealea 16749 Weld County Road of said notice was contained ' he 12, Fort Lupton, Colorado SSA P'i.blication .n t LEGAL DESCRIPTIORi tart issue of said newspaper bearing the date. the of.the SW1L4 el- Sectl9R-S, Township 1 North,Rage Ili,W4!M 18 date of May AID.. 19 88 =of the Mh P.M., WWS. CMSIP, -Colorado - ' TYPE AND lifENSIYMIP and the last publication thereof. in the issue of -APPROVED USE: Kneel' said newspaper.bearing date.the 18 day of M'le'um 0 A cob) I000-1*. 5 A-A9rkulwtw Zone MSS May in 88 that the said -SIZE Of PANCKt SAS W et MOM ure, btoas .b t,. Platteville Herald lime end conditioned impra.a S R result In a IodS tM e4 the has been published continously and venter- Waled property right.. -vptedly during the period of at least fifty-two BOARD OF COUNTY -consecutive weeks next prior to the first issue COMMISSIONERS thereof containing said notice or advertisement WELD COUNTY, COLORADO above referred to: and that said newspaper was BY: MARY ANN FEUER;TEIII at the time of each of the publications of said COUNTY CLERK AND notice duly qualified for that purpose within the z RECORDER -meaning of an act entitled. "An Act-Concerning AND CLERK TO IRE BOARD Legal Notices. Advertisements and Publications �Y:Mary RNM Deputy and the Fees of Printers and Publishers thereof. and to Repeal all Acts and Parts of Acts in Con- Published in.the Pfadsvlii. Her- Met with the Provisions of this Act'' approved d. May 15. ISIS April 7. 1921.and all amendments therrol. and particularity as amended by an act approved. March 30. 1923. and13rW17Mcihll_ cr,, Y Subscribed and sworn to before me this�3Q day nl `- /�'�/l� /l� A n iii 8 1 // rA,�/i, .Lnc,..�•::hitc FIRST SECURITY BANK 605 4th Street -- Fort Lupton, Colorado 80621 Mr eumiiusstori csptre% L-1 .(J/`U` II (—gel 88 04 ATTENDANCE RECORD PLEASE write or print legibly your name, addr-ess and the name of -the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: MAY 11, 1-988 DOCKET # 88-20 USR-HOME BUSINESS (STAINED GLASS PRODUCTION) - ROBERT & RITA WISE DOCKET # 88-21 USR-ACCESSORY BUILDING LARGER THAN 1,500 SQUARE FEET - DAVID PIETRANGELO DOCKET # 88-22 DAR-KENNEL (30 CAT MAXIMUM) - BARBARA S. BEALES p NAME ADDRESS HEAPING ATTENDING jot &ale.S /6i7i{ / t r. e„f /D T'7L L#ylO/ CntkX) ,c ) 391I \t"' r TD. C ELI \e-0to .Dat , /u( ! lte�' 1) ve 6recky co at-Qo .�. n�eC',�h� 1i 4Q i‘ 7..s s.- R..0. r lady , do $��a attic,n e Biatzemn 533 mcCo w &tta1 o= rte. -zz 880344 • frit • • . � _ i4��; e .'T. % FF,. Ut S.E.. 41. kJ '• � . a• • 1' rF N fit • • • rfit `4,^ • W ' ✓ } cr.. 1( j • s8034 etbotneuni NO TI Cl 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. All persons in any manner interested in the 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 LOCKET NO. 88-22 Barbara J. Beales 16749 Weld County Road 12 Fort Lupton, Colorado 80621 DATE: May 11, 1988 TIME: 2:00 P.M. REQUEST: Site Specific Development Plan and Special Review permit - Kennel (maximum of 30 cats) located in the A-Agricultural Zone District LEGAL DESCRIPTION: Part of the SW* SEI of Section 2, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles east of Fort Lupton; north of Weld County Road 12 and west of -Weld County Road 35 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 25, 1-9$8 -BUBLISHED: April 28, 1988, in the Johnstown Breeze 880344 AFFIDAVITDF PUBLICATION THE JOHNSTOWN$REEZE STATE OT COLORADO ) ss COUNTY OF WELD ) • I,Clyde Briggs, dosolemnly swear that I am-publisher of-The Johnstown Breeze; that the same is a weekly newspaper NOTICE printed, in whole or in part, and published . in the County of Weld, State of Colorado, Pursuant to the zoning laws of the State of Colorado he and has a general circulation therein; that and the Weld County-Zoning 0 , ranee, said newspaper has -been published a public hearing will be Aeld in continuously and _uninterruptedly in said the Commissioner*tyam of the Board of County of Weld for a period of-more than County Coloradoel of untd County, ce Colorado, de-County fifty-two consecutive weeks prior to the Street First Floor,Center, 1. All rado, at the time a had• All '+ first publication of lheanntaced legal notice persons in sn manner inter- • or advertisement; that said newspaper has permit arerrequesi d toane d been admitted to the United States mails as and may be heard. second class matter under the provisions of Should the applicant or any - the Act of March 2, 1879, or ally • interested ofs court thereporter amendments there-of, and that said make a record-of the proceed- ing In _addion to the taed newspaper is a weekly newspaper duly record whichawill be kept durn9 qualified for publishing legal notices -acrd the, hearing, the Clerk to the advertisements within lhe�rpeaninB of the foBoards ° cecefliW ntaourt laws of the State of Colorado. reporters a list -of are*.. court i In the ere f a eked _ That the annexed legal notice or advertise- the°dBoardstr Office sh ll Srk e _advised In.writing gh.epch action ment was published in the regular -and at least five _layro r to the entire issue of every number of said weekly hearing.Thetos engagingb a -newspaper for the period of L.. consecu- court reporter ahakYie Cocoa y five insertions; and that the first the requesting PaAri` _BE IT ALSO KNOWN, that the • publication olsaid notice was in the issue of text and maps so eertlheComm s said newspaper dal.•clef/Lg A.U. LW?, Weld County Pladtlnmln9 d in the and that the last publication of said notice sionCoo may bebzte yes in the issue-oLsaidnewspaper dated office of me-Clerk a Board of / County eldm the Weld County entennial A.D. 19. Center, 915 County Third • in witness whereof I-have hereunto set Floor, G eeleg domed° my hand this ..25?... day of . Clip DOCKET NO. 88-22 APPLICANT A.D. lust,' Barbara J. BeratesPfblisher 16749 Weld County Road 12 Fart Lupton, Colorado• �821DATE: MeY 11, 1968 TIME: 2:00 P.M. REQUEST: Site Specific De- velopment r velopment Plan and Special Subscribed and sworn to before -me, a Review permit— Kennel (maxi- Notary Public in and for the County of mum of 30 cats)tooetd in the A Agricultural Zone District Weld,Slate of Coloraddoo, this .. �. day of LEGAL DESCRIPTION: Part of ,- -A.D. 19.- a�•S. the SWY. SEV. of Race ange %fi • . Township 1 North, West of the 6th P.M, Weld �G <fzrG-� County. Colorado 1/1,(4477-le Notary Public. LOCATION: APprozimat, north 12 and or'Weldrxouhtlf of Fenn-°a8O d 36 west of We G° TY My commission expires • oommiss oUNTY. .. fn nCOgns ._, WELD O COLORAD s BY: MARYEUERSTE NN F WIND( ri— c AND RECORDER THE BOARD . 8Y: M 18Bf,11398080; Deputy DATED: Apd i 1988 in PUBLISHED: April 28, the Johnstown Breeze §e8O9' 7t Affidavit of Publication STAT-E OF COLORADO) *nu County of µ'eld) ss. Pummel to theodolite laws a the State a Colorado and pie Wind County Zen- ( ) -h OSnsicr,a I /7 L= /N✓KLE/C /GSL�/- r�l .CmR4 loll yos.thetoriages' co:d Weld a Colorado. Weld-Wrap Centenniiaal said County nl Weld being duly sworn. s.);‘)t hat I Canter. 915 1811 bea.ilra Flow, am publisher of // Greeley,Colorado's Ratline specified.I-1)4'7 1 L/°70 ti 2 C-SS Ml mune In arty Atone intonsted In the Spdal Review that.Mc same is a weekly newspaper art general wasted wok are-re. to itte - may to head: circulation +vas printed and published In the Should theparty desire a the ge f. court pp town of � reporter to-make is record of the pro. } R +•)P n 4.7/ i Cefl. In Weldon to the_taped in-said county and state: that the notice of adver- Head MIloh 00,JurlRihe tisement.of which the annexed isa true copy-has MMry,tM areas bard's Office been published in said weekly-newspaper for an cmatM contacted1MA-IM ccertified-nWMs k*area..Hasuat Creporter is obtained.the:Clerk the 4.IC consecutive Boards DMA tie advised in weeks: that the notice was -published in the wilting of such'staid at least five days prier_to the heating.The t of singes regular and-entire issue of even' number ofsaid - hie swat- 'niters,*di newspaper during the period and time of publica- the regaKht ast. Lion of said notice and in the newspaper proper BE IT ALSO KNOWNthe- test and and not in asupplement thereof: that the first maps so wrHfiad el SpJ bee gouty publication of said notice was contained in the bwalostaq awe tp Waanla0 issue of said newspaper bearing the date. the Countytetha MAW*Win�airtt to IM Bard of located am date of 474/ -,.D.. 19 fr%y YAM COMO Calais(Center. 915 Street.Third RPM.Greeley.Gol- orado. and the last publication thereof in th issue of • APPLICANT said newspaper.bcanng date.the day of . Barbara L�s.Pulp 15749 M /47Y, 7 p� -Fort Lupton, 1p1 /9/7 /9�S7than the said Y if`7-1Of ) /if'E&S DOCKET has been published continously and uninter- te° PJA. rte tedly during the period of at least fifty-two REQUEST: l iricifk Permit Dem -Ken- P next -PMan(maximum el R�ytew ce - the consecutive weeks prior to the first issue -.wt(mnimae sWO<➢ta)butw In the thereof containing said notice or advertisement A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the above referred to: and that said newspaper was SWN 5Ev of Section 1. Township 1 at the time of each of the publications of said North.Ranp 66 West of the 6th P.M.. notice duly Aualitied for that purpose within the Weld County, _Colorado meaning of an act entitled. -An Act Concerning mLOaned Approximately two - Legal Notices. Advertisements and Publications north of Weld County R City eact 12 vast. and the Fees of Printers and Publishers thereof. of Weld County Rosd 35 and to Repeal all Acts and Parts of Acts inton- BOARDOccoutercomml5- Oict with the Provisions of this Act- approved COUNTY.COLORADO April i. 1921. and all amendments thereof. and particularily as amended by an_act approved. BY:MARY-MIN FEUERSTEIN COUNTY CLERK AND RECORDER March Q. 19?3 and a yac� a rove M1ay 13. AND CLERK Tp THE BOARD L//, • ' BY:teary Reef.Deputy -DATED,-April 15.1986 Publish•r _ ,,vv,, t j -PUBLISHED:Published h in the Fort Lup- Subscribed and sworn iothetore me this ,a... t ten Pop aafAa,l4 day of / P)av A.11 19 t15 2.1-h-e4t) L-717 - silit.[,�/J ,/�L[ ,,yI/// Nutary Public c _..,- ,,--- lit t: i"l &) ww / My-col illllisslon expires ////31/25 5 -J4)44 DATE: April 2-5 , 1988 TO: The -Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearings for the 11th day of May, i-98 , at 2 :00 P.M. Docket No. 8-8-20 - USR home business (-stained glass production) in the A-Agricultural Zone District, Robert and Rita Wise Docket No. 88-21 - USR Accessory building larger than 1 ,500 square feet in the R-1 (Low Density Residential) District, David TPietrangel-o Docket No. 88-22 - USR-Kennel (30 cats) in the A Agricultural Zone District, _Barbara J. Beales OFFICE OF THE CLE TO -THE BOARD BY: �Tl7 Deputy The above mentioned hearing date and heating time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WEL.k�iTl , COLORADO ,7/- )(LA>/ x/+/-B/T T 88031'- Summary of the Weld County Planning Commission April 19, 1988 Page 11 MOTION: Paulette Weaver moved Case Number I1S1-660 for David Pietrangelo for a Site Specific Development Plan and a Special Use permit for an accessory structure larger than the 1,500 square feet in the R-I, low density residential, zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval Eased upon the recommendation, conditions, and Development Standards and -set forth by the Department of Planning Services' staff and the testimony of the applicant. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ivan Gosnell - yes; Bud Balldorson - yes; LeAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver - yes; Lynn Brown - yes; Ann Garrison - yes. Motion carried unanimously. CASE NUMBER: USR-826 APPLICANT: Barbara Beales REQUEST: A Site Specific -Development Plan and a _Special Review Permit for a kennel. (Maximum of 30 cats.) -Located in the A (Agricultural) zone district. LEGAL DESERIETION: Part of the SW} SE} of _Section 2, SIN, R66W of the 6th P.M,. , Weld County, Colorado LOCATION: Approximately 2 -miles east of Fort Lupton, north of Weld County Road 12, and west of Weld County Road 35. APPEARANCE: Barbara Beales, applicant, is requesting a kennel facility for a maximum of 30 cats. This property was an old greyhound kennel and they plan to fix—up the kennel for the cats. The Chairman called _for discussion from the members of the audience. There was none. The Chairman asked Mrs. Beales if she had reviewed the recommendation, conditons, and Development Standards as presented by the Department of Planning Services' staff? She stated she has reviewed these items and has no problem with them. The Chairman asked that the recommendation, conditions, and -Development Standards be filed with the summary as a permanent record of these proceedings. M ,Fxnv,',t 881 g: Summary of the Weld County Planning Commission April 19, 1988 Page 12 NOTION: Paulette Weaver roved Case Number USR-826 for Barbara Beales for a Site Specific Development Plan and a Special Review permit for a kennel for a maximum of 30 cats located in the Agricultural zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and Development Standards as presented by the Department of Planning Services staff and the testimony heard by the Planning Commission. Motion seconded by Bud Aalldorson. The Chairman caller. for discussion from the members of the Planning Commission. Discussion foil-owed . The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ivan Gosnell — yes; Bud Nalldorson — yes; 1.eAnn Reid — yes; Louis Rademacher — yes; Paulette Weaver — yes; Lynn Brown — yes; Ann Garrison — yes. Motion carried unanimously. CASE NUMBER: Z-444 APPLICANT: Weld County REQUEST: Change of Zone from R-I (Low Density Residential) to R-2 (Duplex Residential) zone district. LEGAL DESCRIPTION: Lot 3, Block 1 , Seehusen Subdivision, Weld County, Colorado LOCATION: Approximately 0.85 riles east of the City of Greeley, south of 18th Street, and west of Cherry Avenue. APPEARANCE: Brian Bingle, Current Planner, represented the applicant. This request is for a change of zone from R-1 to R-2. This duplex was originally built in 1966, under Estate zoning. The staff feels the current zoning on this property is faulty and should be changed to the R-2 zone district. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked that the recommendation and conditions be filed with the summary as a permanent record of these proceedings. MOTION: Paulette Weaver roved Case Number Z-444 for Weld County for a Change of Zone from R-1 , low density residential, to R-2, duplex residential, zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation and conditions of the Department of Planning Services staff and the testimony of the applicant. Motion seconded by Lynn Brown. F3S03J4! BEFORE. THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Paulette Weaver 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: rRm r ;r'*s •,, ri,. CASE NUMBER: USR-826 w rs' NAME: Barbara J. Beales II APR 2 2 1988 ; ADDRESS: 16749 Weld County Road 12, Fort Lupton, CO 80 - u-/27 CREEL GY. (COLO. REQUEST: A Site Specific Development Plan and a Special Review Permit for a kennel (for a maximum of 30 cats) located in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SWi SE} Section 2, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles east of Fort Lupton; north of Weld County Road 12 and west of Weld County Road 35. be recommended favorable to the Board of County Commissioners for the following reason: 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 of the Weld County Zoning Ordinance as follows: - The proposed use is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies. The proposed use is located within the urban growth boundary area of the City of Fort Lupton. The Fort Lupton Planning Commission reviewed this request and found no conflicts with its interests. - The proposed use is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. - The proposed use is compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Agricultural zone district. Four rural residences, agricultural farmland, a turkey farm, and a permitted dog kennel are located in the surrounding area. 88C all KN/A/T Barbara Beales USR-826 Page 2 - No overlay districts affect the site. - The Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: I . The attached Development Standards for the Special Review permit be adopted and placed on the Special Review plat prior to recording the plat. 2. The Special review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The applicant shall receive and acquire approval of a boarding kennel application and plan review from the Weld County Health Department prior to operation of the kennel facilities. 4. The applicant shall obtain from the State Engineer, Division of Water Resources, the proper well permit, and the Colorado Department of Health shall verify that the well water is suitable -for this proposed Special Use Permit. 5. Within 30 days of approval by the Board of County Commissioners, the existing septic system for the kennel shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to the Weld County Health Department. An I.S.D.S. Evaluation on the existing septic system for the residence will be necessary prior to issuing the required septic permits on the existing systems. Motion seconded by Bud Halldorson. 880344 Barbara Beales USR-I826 Page 3 VOTE: For Passage Against Passage Ivan Gosnell Bud Halldorson LeAnn Reid Louis Rademacher Paulette Weaver Lynn Brown Ann Garrison 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 an April 19, 1988, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 20th day of April, 1988. Ct Bobbie Good Secretary 880344 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Barbara Beales USR-826 1 . The Special Review permit is for the approval of a Site Specific Development Plan and a Special Review permit for a kennel (for a maximum of 30 cats) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 2. Buildings and grounds shall be kept clean, in good repair, and free of trash. Animal waste shall be removed daily from the kennel area and stored in -an enclosed container. The waste shall be removed from the property on a weekly basis. 3. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 4. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 5. The property owner or operator shall be responsible for complying with the Operations Standards of Section 24.6 of the Weld County Zoning Ordinance. 6. Personnel from the Weld County Health Department, Weld County Humane Society, and the Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 7. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated 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 or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 8. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 8804 IYVENTCRY -OF ITEMS -SUBMITTED FOR CO::STDEPATION Case Number us a _- S Z6 Submiit-ed or Prepared Prior to Hearing -At Hearing 1. Application Iz Pages 2. 1 Applicationplet(s) page(s) 3. DPS Referral Summary Sheet ✓ 4. DPS Recommendation 5. DPS Surrounding Propery Owner Mailing List 6. TPS Mineral Owners Mailing List 7. 3 DPS Maps Prepared by -Planning T-echnician -V B. iFS Notice of Hearing ✓ 9. BPS Case Summary Sheet • 10. DPS Field Check 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I hereby certify that the /45' 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 mere forwarded to the Clerk Co the Board's office on z! .,?/ 19-c98 -. /Cur nth lan_ne STATE OF COLORADO ) _COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS \S— DAY OF Cat . p 19gs SEAL £\ ti CrA, NO ARY PUBLIC Ention My Cammissioe Expires Feb. 13, 1989 `-"S 03 +4 KY COMMTSSTON EXPIRFS EXHIBIT INVENTORY CONTROL SHEET Case /./7/C �� Exhibit Submitted By Exhibit Description / A. .".21:-‘) At" -C,777-4€ 2.-4?"," rt-EV)7.7st-I B. iLCG�?//I? S), ¢I-6h W2,e...6-Z4--tern-H_VAI44.877")2Zig; d i 6,7 C C. T�CC7�JI/J2C/J� ry—, .oiiryrl ,%�.� .%/�Q" /yfjJp' 2 -E. ,44 / - F. G. H. I. J. R. L. M. N. 0. DATE: April 19, 1988 CASE NUMBER: USR-826 NAME: Barbara J. Beales ADDRESS: 16749 Weld County Road #13, Fort Lupton, CO 80621 REQUEST: A Site Specific Development Plan and a Special Review Permit far a kennel (for a maximum of 30 cats) located in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW} SE} Section 2, TIN, R66W of the -6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles east of Fort Lupton; north of Weld County Road 12 and -west of -Weld County Road 35. 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 of the Weld County Zoning Ordinance as follows: - The proposed use _is consistent -with the Weld County Comprehensive _Plan's Urban Growth Boundary Area Goals and Policies. the proposed use is located within the urban growth boundary area of the City of Fort Lupton. The Fort Lupton Planning Commission reviewed this request and found no conflicts with its interests. - The proposed use -is consistent -with the intent of the Agricultural zone district and is provided for as a Use by Special Review. - The proposed use -is tdtpatible with the existing surrounding land uses and with the future development of the surrounding area as permitted ty the Agricultural zone district. Four -rural residences, agricultural farmland, a turkey farm, and -a permitted dog kennel are located in the surrounding area. - No overlay districts affect the site. - The Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information -regarding the request and the responses of the referral entities which have reviewed this request. 8803Vl Barbara Beales USR-826 Page 2 • The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1 . The attached Development Standards for the Special Review permit be adopted and placed on the Special Review plat prior to recording the plat. 2. The Special review activity shall not occur nor shall any building or electrical permits be issued on the ;property until the Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . The applicant shall receive and acquire approval of a boarding ' kennel application and plan review from the Weld County Health Department prior xo operation of the kennel facilities. 4 . The applicant shall obtain from the State Engineer, Division of Water Resources, the proper well permit, and the Colorado Department of Health shall verify that the well water is suitable for this proposed Special Use Permit. 5. Within 30 'lays of approval by the Board of County Commissioners, the existing septic system for the kennel shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to the Weld County Health Department. -An I.S.D.S. Evaluation on the existing septic system for the residency will he necessary prior to -issuing the required septic permits on the existing systems. 880311 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Barbara Beales USR-826 1 . The Special Review permit is for the approval of a Site Specific Development Plan and a Special Review permit for a kennel (for a maximum of 30 cats) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S., as amended. 2 . Buildings and grounds shall be kept clean, in good repair, and free of trash. Animal waste shall be removed daily from the kennel area and stored in an enclosed container. The waste shall be removed from the properly on a weekly basis. 3 . All _construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 4 . The property owner or operator shall be responsible for complying with the Resign Standards of Section 24.5 of the Weld County Zoning Ordinance. 5 . The property owner or operator shall be responsible for complying with the Operations Standards of Section 24.6 of the Weld County Zoning Ordinance. 6. Personnel from the Weld County -Health Department, Weld County Humane Society, and the Weld County Department of Planning Services shall be granted access onto the Property at -any reasonabl-e time in order to ensure the activities tarried out inn the property comply with the Development Standards -stated hereon and all applicable Weld County Regulations. 7. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicabl-e Weld County Regulations. Any material deviations from the plans or Standards as shown or stated 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 or Standards are permitted. Any other _changes shall be filed in the office of the Department of Planning Services. 8. The property owner or operator shall be responsible for -complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be season for revocation of the Permit by the Board of County Commissioners. t`r 'ay3 LAND-USE APPLICATION SUMMARY SHEET Date: April 12, 1988 CASE NUMBER: USR-826 NAME: Barbra Jo Beales ADDRESS: 16749 Weld County Road 12, Ft. Lupton, CO 80621 REQUEST: Site Specific Development Plan and _a Special Use Permit for a kennel (maximum of 30 cats) located in the A (Agricultural) zone district. LEGAL DESCRIPTION :: Part of SWi SE} of Section 2, TIN, R66W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 2 miles east of the City of Ft. Lupton, north of Weld County Road 12, and west of Weld _County Road 35. SIZE OF PARCEL: 6.62 acres, more or less POSSIBLE ISSUES SUN?IARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24 .3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff tas received specific recommendations from the Weld County Health Department. A copy of this referral response is included in this summary packet. The Department of Planning Services' staff has not received any objections from the following referral entities: - Weld County Engineering Department - USDA - APHIS Veterinary Services - Humane Society -of Weld County - City of rt. Lupton The _Department of Planning Services' st-aff has not yet received a referral response from the following agency: - State Engineer, Division of Water Resources The Department of Planning Services ' staff has not received objections from Surrounding Property Owners . 88C.,24) 4 • . ._ • : *II"- -I -1 i.-..__ ___.___,__.._._,_,_._,_._._....,_._•-.. I C3 0 4 3 I ( I-) >i4/ i 2 • \II' ] ? • ] / �:o�].ar• c• �� I c� _ a r • C p °ULS I •b• I. r lI I , z> 1 •N— \ i qq .:i j ° `••• • •L 4 IEO LLE r\ C xz I 1 . n ` 20 21 d i] n m/ -,•u 3 1 .. • • • f � 4 1 3] b � x, i• { i> •'1. XI / 29 • •: • • I 34 32 35 • (� j s • s M • O 1 _ YYY 1_ I•.. L .®rr _ 1• p • • e• • i I gi p . •+.. . . . . . 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V rfO _ .. � V IQ p l�= --- v v - O u,) .A \ ' /50- ), il 5069..\o _ al / X J VJ © o Dowfla i ( �\ Resew ar �� C $ \\ 09 �P� .�� /I 50 0 , l ) k:\ ‘" (\ c C 033 I-_-- sa d J - - - ,L �j _—i <, .. \ y��-=�1\> \ ` f Jj k. y i ;# �,, ss `50 )1 1 v� -?7,0! Smlth ) � '1I ) ) 6-4_ , , C • Smith Mound. ff3C..'�1 r • • • CI92 ., .. ' c,i.,...,ret4, ...„FiwV 5z • • . . :• „.„„k..„.,...i." , . ,,.,,.. „.„,„•,...,. L • 2 A _• 4,,,,,,,,„,,,,,, FTi "" vv I ii Cur/ U5-9 0 ,0a;�e 053 , USA- Im' P.'/"/ f:(4614` `8 �1 : €03,2 7 C6 ® .. i' izi;i1: J I ;•i • 1717i. . ,. la • ' ,'.f. .4 1 - 8803414 FIELD CHECK TILING NUMBER: USR-826 DATE OF INSPECTION: March 17, 1988 NAME: Barbara Beales REQUEST: Site Specific Development Plan and Special Review permit (Maximum of 30 cats) LEGAL DESCRIPTION: Part of the SE} SW} of Section 2, TIN, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles east of Fort Lupton; north of Weld County Road 12 and west of Weld County Road 35 LAND USE: N Open field, mobile home E Rural residential S Open field, rural residential W Open field ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access is off of Weld, County Road 12, a county local in classification. Existing on the property is a stick—built residence, a shed, and a mobile home to be used by the caretaker of the kennel. The remainder of the property is in grassland. By et Air S B 1. Curren 88C344 REFERRAL LIST APPLICANT: Barbara Jo Beales CASE NUMBER: USR-826 SENT REFERRALS OUT: March 15, 1988 REFERRALS TO BE RECEIVED BY: March 29,1988 NO SR NR NO SR NR County Attorney V/ X Weld County Health Dept. X Engineering Department _ County Extension Agent _ Office of Emergency Mngmt Ed Earring X State Engineer Division of Water Resources 1313 Sherman St., Room 818 Denver, CO 80203 X USDA - APHISaCC.{ Veterinary Services 3 - 3 -- are Room 237 11 zC",•- E= ,..� ��- 2490 West 26th Avenue / Denver, CO 80211 / X Humane Society of Weld County ✓✓✓ 23700 Highway 263 Roggen, CO 80652 / X LeAnn Reid V 7830 Weld County -Road 81 Roggen, CO 80652 / X City of Fort Lupton 1/ c/o Robert Crumb P.O. Box 148 Fort Lupton, CO 80621 NO=No Objection SR=Specific Recommendations NR=No Response it {( To Weld County Planning March 17, 1988 Date COLORADO m Health Protection Services bect Case Number: USR-826 Name: Beales, Barbra Jo Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1.,; Boarding kennel application and plan -review form to be completed and approved before operati-on commences. 2. The existing septic system for the kennel is required to be reviewed by a Colorado Registered Professional Engineer, and a copy of that review submitted to this Division before the required I.S.D.S. Evaluation can be performed. 3. Verification from the Colorado Department of Health, Department of Water Resources, that the water well is suitable for this commercial purpose. 4. It should be determined that the well water to be provided the animals is potable. 5. Animal wastes shall be disposed of in such a manner as not to cause a public health nuisance. 6. An I.S.D.S. Evaluation on the existing septic system for the residence will be necessary prior to issuing the required septic permits on the existing systems. 7 lr �n��L- LcfC� .,. A'_r MAR 21 1988 #In CO. Qlamwiti immou ;im 88C3-1/1 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Bosk, William J. & Marilyn J. 16586 Colo. Hwy 52 #059 Ft. Lupton, CO. 80621 Werth, Barbara 16734 Colo. Hwy 52 #060 Ft. Lupton, CO. 80621 Caldwell , Betty P. 16312 Hawaii Lane #052 Huntington Beach, CA. 92649 Spilman, George & Lou Elva 5099 Weld County Rd. #35 #050 Ft. Lupton, CO. 80621 Kennedy, Gary & Earl Louis 5019 Weld County Rd. #35 #051 Ft. Lupton, CO. 80621 Amoco Production Co. 600 S. Cherry Suite #915 #006 Denver, CO. 80222 McAdams. Joseph & Sharon 16759 Weld County Rd. #12 #027 Ft. Lupton, CO. 80621 AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO I ss• COUNTY OF WELD I I, Clyde Briggs, do solemnly swear that 1• - am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Weld, State of Colorado, NOTICE OF PUBLIC HEARING and has a general circulation therein; that The Weld County Planning Corp. said newspaper has been published mission will hold a public hearing continuously and uninterruptedly in said coc30 up.m yforr the purpose aoft County of Weld for a period of more than Development a sue Specific l fifty-two consecutive weeks prior to the Plan and Special y Use Permit for thees property low ;1 first publication of the annexed legal notice t�rpdae described may or advertisement; that said newspaper has Approval a the request may. been admitted to the United States mails as create a vested yroperty right ! second-class matter under the provisions of pursuant to Colorado Law. the Act of March 3, 1H79, or any APPLICANT: Barbara Beales amendments thereof, and that said LEGAL DESCRIPTION: SWIA newspaper is a weekly newspaper duly the of section z.T,N, Rssw qualified for publishing legal notices and the 6th P.M., Weld County, Colo- ado advertisements within the meaning of the TYPE AND INTENSITY OF laws of the State of Colorado. PROPOSED USE: Special(forRe a That the annexed legal notice or advertise- view permit for a kennel a maximum of 30 cats). ment was published In the regular and LOCATION: Approximately City 2 entire issue of every number of said weekly miles Lupton,east of the Weld d of.FortCounty newspaper for the period of consecu- Coun north of County Road 12, and west of Weld live insertions; and that the first SIZE. Road acres,55 • publication of said notice was.in the issue of SIZE: 6.62 more or less said newspaper dated./r"" A.D. 19a The public hearing will be held in and that the last publication of said notice the Weld County Commissioners: was in the issue of said newspaper dated Hearing Room, First Floor, Weld County Centennial Center, 915 ma- A.D. 19..`..... Tenth Street, Greeley, Colorado. In witness whe eof I have hereunto set Comments or objections related ' day of ,hereunto to the above request should be my hand this submittedCouny in writing mt of o tPl Weld in A.D. 19f2a& "a-- County eht tr Pet.Room g Services,rle Tenth d 0631, 342, Greeley, Colorado 80631, before the above date or pre- ✓.C//' J April 1 at the public hearing on April 1s, Igoe. Publisher Copies of the application are available for public inspection in the Department of Planning Services Room 342, Weld Subscribed and sworn to before me, a County Centennial Center, 915 Notary Public in and for the County of Extension 4400. Tenth Street, Greeley, Colorado 80631 - Phone - 356-4000, Weld, State of Color do this ..7L... day of 4111.x" A.D. 19 ....• Ann Garrisoy, Chnirmgn Weld County Planning • Comm ission LG,'7=ytc_ To be published in me dorms �' Notary Public town Breeze U To be published one(1) time by i April 7, 1988 My commission expires • � ; t, ':3f 3 • • 880344 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: E�EZE2 LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SW1SE4 Section 2 T 1 N, R 66 W LEGAL DESCRIPTION ofE 9c iguous property owned upon which Special Review Permit is proposed: SWEt _ Section 2 T 1 N, R 66 W Property Address (if available) 16749 Weld CountyRd. #12 Ft. Lupton CO PRESENT ZONE OVERLAY ZONES none TOTAL ACREAGE 6.62 PROPOSED LAND USE EXISTING LAND USE SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: -" — — Name: Alan R. and Catherine F. Towne Address: 16749 Weld County Rd. #12 City Ft. Lupton Zip 80621 Rome Telephone # 8_57-4660 Business Telephone # 698-3516 Name: Address: City Zip _ Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Barbara Jo Beales Address: 16749 Weld County Rd. #12 City Ft. Lupton Zip 80621 Home Telephone # _ 857- ►660 Business Telephone # 659-8663 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Wayne E. Biros Address: City Zip Name: James J. O'Dell Address: City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Signature: Owner or Authorized Agent Subscribed and sworn to before me this .R-7/ day-of / Z9 qie 190,0. /• ,/,()74.1-(//7. ,c/ l4tn1 NOTARY PUBLIC • My commission expires 7- / - %c- 80344 APPLICATION FOR USE BY SPECIAL REVIEW PROPERTY ADDRESS: 16749 Weld County Rd. #12, Ft. Lupton, CO SUBMITTED BY: Barbara Jo Beales • 880344 USE BY SPECIAL REVIEW APPLICATION Submitted by: Barbara Jo Beales, agent for Al-an R. and Catherine F. Towne Property: 16749 Weld County Rd. #12, Ft Lupton, CO. 80621 Date applied: March 10, 1988 1 . Completed Application form attached. 2. Proposed use: For a kennel (cattery) . The building we are intending on using was previously a licensed greyhound kennel . The mobile home structure is to be used as an accessory to the cattery. Facilities are needed to house, bathe, and groom the animals away from our main dwelling. There are no existing kennels or catteries that we are aware of on surrounding properties , although there are greyhound kennels in this community. Distance to residential structures in each direction is: North = 690' South = 360' East = 255 ' West = none Maximum number of users , patrons, members and buyers during a years time is estimated to be 30. The cattery will be operated by 4 people. Two during the day and two at night as caretakers. It is actually a 24 hour/day operation. Water source is "well" on property. Access route is existing road on property between W.C. Rd 12 and Colorado Highway 52. ECU— � Use By Special Review Application - Barbara Jo Beales Page 2 Type of vehicular traffic associated with proposed use will be regular passenger cars and pick up trucks. Frequency should not exceed 5 vehicles in any 24 hour period. There is an existing septic system. We have smoke detectors and fire extinguishers as a means of fire protection. The type of animal is C.F.A. registered show quality persian cat. Maximum number at any one time will be thirty animals. Waste to be bagged and thrown in dumpster contracted to be picked up and dumped by local service. There are no stock piles or storage areas associated with proposed use. Storm water retention facilities are not necessary to proposed use because of soil type and geographical location. We have a dumpster rented which will be emptied bi-monthly. There are no landscaping plans other than to plant a few trees for shade. I don ' t feel we need erosion control measures con- sidering location and soil type and the fact that we are using a pre-existing -structure. Reclamation procedure, I suppose, would be to vacate and possibly tear down the building and remove the trailer. A time period for construction is not needed because facility is already there. We have already begun cleaning and fixing it up and plan to finish when we secure the permit and license. 88Q 3'1' Use By Special Review Application - Barbara Jo Beales Page 3 3. Use allowed by Special Review in agricultural district. The intent of the district is agricultural although said property is too small to be effectively used for such purposes so we are proposing a more intense use of the land. We based our decision on the fact the the kennel facility was already in existence. There is adequate provision for protection and safety of the neighbors in as these cats are very tame and gentle and because of thier value, are always kept contained inside a secure structure. These animals are kept clean. We also work closely with a veterinarian, i .e. Dr. Griffin, Ft. Lupton Animal Clinic and occasionaly have tests taken on individual cats to insure the health of the cattery. There is no conflict with surrounding properties. The intent of the area is agricultural so there is no conflict with the comprehensive plan of the county. The use by special review is not located in a flood plain, geological hazard, or Weld County airport overlay area. Water supply is adequate in quantity, quality, and dependability. Well permit # 137306 (copy attached) . Copy of Deed of Trust and also a letter granting Power of Attorney are attached. Noise report is waived. 880344 Use By Special Review Application - Barbara Jo Beales Page 4 A soil report of the proposed site is included on the map. A certified list of names, addresses, and parcel identification numbers within 500' of the proposed site is attached. BJB/ct 3/88 88'e311 MMJ45-75 .9� RECE� + / COLORADO DIVISION OF WATER RESOURCES SEP2I 1 TYPE OR p - 818 Centennial Bldg., 1313 Sherman St. �� PRINT IN LACK INK. COPY OF ACCEPTED ` STATEMENT MAILED Denver, Colorado 80203 AMTEA REspURefe ON REQUEST. STATE OF COLORADO 061TE•ENQIW einFIVIM COUNTY OF SS. AFFID JUL 3 1 1987 STATEMENT OF BENEFICIAL USE OF GQW14ER S COPY inIMSOllICIB - AMENDMENT OF EXISTING RECORD TAQ• n LATE REGISTRATION �373OG `� 4. PERMIT NUMBER J�� LOCATION OF WELL THE AFFIANT(S) Also / £Nee- 0.1612.' /OLtJyU$ County whose mailing46 l address is /674t9 (J i&L eno, Le /e2 $tzi A of the Se /., Section #7 City rr Loon) CQo. to 4a/ •on.) Al Rng. /o(/ iE a+ wo /t) i �a C-4 P M �ry o+ Si being duly sworn upon oath, deposes and says that he (they)_is (are) the owner(s) of the well described hereon; the well is located as described above, at distances of /&'/7.'/.2 feet from the SottrN section line and /3(08.54 feet from the [ C+ QSr section line; water from this well was first applied to a beneficial use for the put ose(s) described herein on the y_1day of aClbCPr , 19gy ; the maximum sustained pumping rate of the well is CT �/ gallons per minute, the pumping Cr rate claimed hereby is _ .Le. gallons minute; the total depth of the well is per P9-3i2, feet; the average annual amount of water to be diverted is /3 acre-feet; for which claim is hereby made for bonsSt/C. Pug-POSES ca //4t SE iciS //'r)/P�fkrurpose(s);the legal descriptions of the lond on which the water from this well is used is S /�' r SE IX( SFF.CT/o,U „2. /Ow,usi-tiP 10.bz7N , /Rose Goo 034sT OF THE loth /310 of which c)&Lm t2otc.c+r'/ acres are irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he (they) has (have) read the statements made hereon; knows the content thereof; and that the same are true of his (their) knowledge. (COMPLET REVERSE SIDE OF THIS FORM) Signature(s) (714 ��.e Subscribed and swam �� FOR OFFICE USE ONLY to before me on this /7rw day of /UO//E/L7BE.2 , 19 Court Cafe No. My Co tkston expires: 4 /O n', /c90 �1r 1 . L I J' ,� Y ! 1 / Mo. _ Day - Yr. y V ` `` \\� r t DL. Cty. 1ACCE,4Tf'D FUtfi'Fie ING BY THE STATE ENGINEER OF COLORADO fyL.'R, 5Uy1Nt Td THE FOLLOWING CONDITIONS: sec _ y,. THAT THOSE CONDITIONS OF APPROVAL AS STATED ON THE Well Use YERNIT ARE _COMPLIED WITH. D.st. __ Basin Man. D's. , ,,pp 1 0[ . NOV 1 3 1987N a. 4 `rY' e tla 3“EJE :KEEP R !oan No : 0141004665 [Space Above This Line For Recording Data] DEED OF TRUST THIS DEED OF TRUST("Security Instrument")is made on JUNE 12 19..8.7..,amongthegrantor, ALAN R. TOWNE , AND CATHERINE F, TOWNE ,...f1US.BAND...A.ND...W.IF.E ("Borrower"),the Public Trustee of WELD County("Trustee"),and the beneficiary, Shel.t.er..Mortgage...C.o.r. par•.a•tlon under the laws of the State of Colorado which is organized and existing 1325 South Colorado Blvd . , Suite 509 and COs 80222 Borrower owes Lender the principal sum of EIGHTY—EIGHT THOUSAND AND N.4 /140 ("Lender"). Dollars(U.S.$ 88.0.0.0..0.0 ) This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"),which provides for monthly payments, with the full debt, if not paid earlier,due and payable on JULY...d....,.•.20.17 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b)the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee,in trust,with power of sale,the following described property located in WELD County,Colorado: THE E 1/2 OF THE E 1 /2 OF THE E 1 /2 OF THE SW 1 /4 OF THE SE 1 /4 OF SECTION 2 , TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P. M. , MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF SAID E1 /2E1 /2E1 /2SW1 /4SE1 /4 : THENCE N00 °04 ' 15"E, ON AN ASSUMED BEARING ALONG THE EAST LINE OF SAID E1 /2E1 /2E1 /2SW1 /11SE1 /4,A DISTANCE OF 1307 .42 FEET TO THE NORTHEAST CORNER OF SAID E1 /2E1 /2E1 /2SW1 /4SE1 /4; THENCE N89 °55 ' 45 "W, ALONG THE NORTH LINE OF SAID E1 /2E1 /2E1 /2 SW1 /4SE1/4, A DISTANCE OF 220 .07 FEET TO THE NORTHWEST CORNER OF SAID E1 /2E1 /2E1 /2SW1 /4SE1 /4 ; THENCE S00° 03 ' 54"W, ALONG THE WEST LINE OF SAID E1 /2E1 /2E1 /2SW1 /4SE1 /4 , A DISTANCE OF 1307 . 22 FEET TO THE SOUTHWEST CORNER OF SAID E1 /2E1 /2E1 /2SW1 /4SE1 /4 ; THENCE S89 °51 ' 30"E , ALONG THE SOUTH LINE OF SAID E1 /2E1 /2E1 /2 SW1 /4SE1 /4, A DISTANCE OF 219 . 94 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF THE SUBJECT PROPERTY WITH RESPECT TO ONE DOMESTIC WATER WELL AS EVIDENCED BY DEED RECORDED AUGUST 20 , 1981 IN BOOK 945 AS RECEPTION NO. 1866908 AND OTHER INSTRUMENTS OF RECORD. (Such property having been purchased in whole or in part with the sums secured hereby . ) TAX KEY NO: 6092486 which has the address of 16749 WELD COUNTY ROAD 12 FORT LUPTON 80642 [street] [city]Colorado ("Property Address"); (Zip code? TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument.All of the foregoing is referred to in this Security Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. 6 $344 COLORADO—sive Family—FNMA/FHLMC UNIFORM INSTRUMENT Form 3006 12/83 44708 SAF SYSTEMS AND FOAMS CHICAGO,IL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, Catherine F. Towne (name) , the undersigned, of 16749 Weld County Rd. #12, Ft. Lupton, CO. 80621 (address) County of Weld State of _ Colorado , here- by constitute, make and appoint _ Barbara Jo Beales (name) , of 16749 Weld County Rd. #12 Ft. Lupton, CO. 80621 __(address) , County of Weld State of Colorado my true and lawful attorney- in-fact, for the following purpose: To represent me in the matter of the foregoing attached application for a Use By Special Review Permit - Kennel/Cattery (variance, recorded exemption, etc. ) , in regard to and only in regard to the particular property described in said ap- plication, before the Board Of County Commissioners (Board of County Commissioners , Board of Adjustment, etc. ) and to present evidence on my behalf before said Board. Subscribed and sworn to before me this 47/ _ day of " lite of 19�'. • sjeLL22,arLL • Notary Public My commission expires : /-10 `1O 880341 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Bosk, William J. & Marilyn J. 16586 Colo. Hwy 52 #059 Ft. Lupton, CO. 80621 Werth, Barbara 16734 Colo. Hwy 52 #060 Ft. Lupton, CO. 80621 Caldwell , Betty P. 16312 Hawaii Lane #052 Huntington Beach, CA. 92649 Spilman, George & Lou Elva 5099 Weld County Rd. #35 #050 Ft. Lupton, CO. 80621 Kennedy, Gary & Earl Louis 5019 Weld County Rd. #35 #051 Ft. Lupton, CO. 80621 Amoco Production Co. 600 S. Cherry Suite #915 #006 Denver, CO. 80222 McAdams, Joseph & Sharon 16759 Weld County Rd. #12 #027 Ft. Lupton, CO. 80621 8803 11 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property 16749 Weld County Rd. #12 Ft. Lupton, Co 80621 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, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) 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. i' The foregoing instrument was subscribed and sworn to before me this day o %c3 , 1Alcu WITNESS my hand and official seal. My Commission expires: \\ Pu Notary t bli.�� a 88C 344 61)2498-0 Sheet 4 of 5 r SCHEDULE B THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, im- posed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments,charge or lien imposed for water or sewer service, or for any other special taxing district. 6. Right of way for ditches or canals constructed by the authority _of the United States, as reserved in United States Patent recorded February 8 , 1916, in Book 418 at Page 308, as Reception No. 226143 . 7. All coal as reserved in United States Patent recorded February 8 , 1916 in Book 418 at Page 308 , as Reception No. 226143 . 8. Undivided 1 interest in all oil, gas and other mineral rights, as reserved by Russell L. Long and Anna Faye Long in the Deed to Teddy R. McIrvin and Darlene Carol McIrvin, recorded January 21, 1956 , in Book 1349 at Page 414 , as Reception No. 1221116 , and any interests therein or rights thereunder. / 9. All interest in all oil, gas and other mineral rights, as reserved ` ._ — by James J. O ' Dell in the Deed to Wayne E. Biros , et al recorded June 8 , 1972 , in Book 669 as Reception No . 1591169 , and any interests therein or rights thereunder. 5 88(13 -0.n P......Nn r.I a9 d R.v 4.I R.75 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 16749 Weld County Rd. #12 Ft. Lupton, CO. 80621 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 lesses 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. /774 Ct )cC, The foregoing instrument was subscribed and sworn to before me this day of ‘cat,3 , 19% ). WITNESS my hand and official seal. My Commission expires: M r ,71issinnExpires7/10/90 Notary Publ 880Z x' Weld County Planning Services 915 10th Street _Greeley, CO. 80631 7o Whom It May Concern, I thought you might be of interest to you to see some of the animals we raise, so enclosed are some pictures and one of my cards. I am registered as a cattery with the Cat Fanciers Association, Inc. and am a member in good standing of the C.F.A. Breed Council . I am also vice-president of the Front Range Cat Club. We hold our annual CFA cat show each September at the U .N.C. Ballroom in _Greeley. Sincerely, Barbara Beales Agent for Alan and Catherine Towne 8803 A Hello