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Home My WebLink About860583.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A GREYHOUND KENNEL (200 DOGS) - ROBERT AND MARILYN HAMILTON 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 25th day of June, 1986 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Robert and Marilyn Hamilton, 725 North County Zine Road , Berthoud, Colorado 80513 , for a Use by Special Review for a 200 dog greyhound kennel on the following described real estate, to-wit: Part of the NE1, Section 14 , Township 4 North, Range 68 West of the 6th F.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 County Zoning Ordinance. 2. at 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 and is consistent with the intent of the Agricultural Zone District. The proposal does not 860583 Page 2 RE: USR, HAMILTON appear to have any adverse imparts on the agricultural interests of the County or the environment. 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 Town of Johnstown Planning Commission approved of this request at their -meeting on April 30, 198E. d. No overlay districts affect the site. e. Use by 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 applicati-on for a Use by Special _Review for a 200 dog greyhound kennel on the hereinabove described parcel of land be , and hereby is , granted subject to the following conditions: 1 . The attached Development Standards for the Use by Speci-al Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2 . The Use by Special Review activity shall not occur nor shall any building or electrical hermits be issued on the property until the Use ty Special Review plat has been delivered to the Department of -P1-anning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Within thirty days of approval of the Board of County Commissioners , the applicant/-operator shall submit to the Big Thompson Soil Conservation District, a plan to control soil erosion and soil blowing. 4 . Prior to recording the mylar plat, the applicant shall label all buildings on the plat. 860583 Page 3 RE: USR, HAMILTON The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of June, A.D. , 1986 . /� BOARD OF COUNTY COMMISSIONERS ATTEST: 42�' WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J cqu n h son, Chairman yLCR G em eputputy County Jerk EXCUSED DATE OF IGNING - AYE APPROVED AS TO FORM: Gene R. Brantner C. � �i/ ounty Attorney F, i ' jrj Yamaguc 860583 DEVELOPMENT STANDARDS Robert and Marilyn Hamilton USR-739 : 86 : 22 1 . The Use by Special Review permit is for a greyhound kennel as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. The maximum number of dogs shall not exceed two hundred. 2. The greyhound kennel facility shall comply with the Colorado Racing Commission' s Rules and Regulations pertaining to greyhound kennels. 3. 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 . 4. Animal waste shall be disposed of in accordance with the requirements and regulations of the Weld County Health Department. 5 . The sewage holding tank shall be installed for the kennel facility in accordance with the requirements and regulations of the Weld County Health Department. 6 . Water to be provided to the dogs shall be potable and meet Weld County Health Department regulations. 7 . All areas shall be maintained in accordance with the erosion plan approved by Big Thompson Soil Conservation District. 8 . All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 9. The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Building Code Ordinance. 10 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 860583 Page 2 RE: DEVELOPMENT STANDARDS - USR, HAMILTON 11 . Personnel from the Weld County Health Department and Weld County Department of Planning Services shall he granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 12. The Use by 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 Department of Planning Services. 13. 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. 860583 HEARING CERTIFICATION DOCKET NO. 86-41 RE: USE BY SPECIAL REVIEW FOR A GREYHOUND KENNEL (200 DOGS) - ROBERT AND MARILYN HAMILTON A public hearing was conducted on June 25, 1986, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Debbie Campbell Assistant County Attorney, Lee D. Morrison Planning Department representative, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated May 28, 1986, and duly published June 12, 1986, in the Johnstown Breeze, a public hearing was conducted to consider the request of Robert and Marilyn Hamilton for a Use by Special Review permit for a 200 dog greyhound kennel. Lee Morrison, Assistant County Attorney, made this matter of record. Gloria Dunn, Planning Department representative, read the favorable recommendation of the Planning Commission into the record, stating that this request is subject to four Conditions and thirteen Development Standards. Robert Hamilton, applicant, came forward to answer questions of the Board. Mr. Hamilton said there are no problems with the proposed Conditions and Development Standards. Ray Patterson, manager for the Dunklee property located west of the property in question, came forward to speak in opposition. He said their concerns are the noise from barking and the odor and mess. Mr. Patterson said he had not received notification of the Planning Commission hearing, and questioned whether the property was posted. Mr. Patterson expressed concerns because the tenants of the Dunklee property did not notify him, or Mr. Dunklee, of this matter. David Dunklee also came forward to speak in opposition. Mr. Patterson submitted a map of the property, marked as Exhibit "F", to the Board for review. Mr. Hamilton said he had contacted neighbors, which were tenants of the Dunklee Family, for their concerns and received no objections on the matter. Considerable discussion was held concerning fencing as a barrier for noise along the dog run. Commissioner Brantner moved to approve the request of Robert and Marilyn Hamilton for a Use by Special Review for a 200 dog greyhound kennel. (TAPE CHANGE #86-46) The motion, seconded by Commissioner Lacy, carried unanimously. r) c -1 Page 2 RE: CERTIFICATION — USR, HAMILTON This Certification was approved on the 30th day of June, 1986. APPROVED: BOARD OF COUNTY ATTEST 4 %4 _ . : . WELDSSIONERSCOUNTY, COLO O 0 Weld County Clerk and Recorder and Clerk to the Boar Ja quel nso , hairman J D p6uty� County Clerk�w� Go rd 'c 7 "� em EXCUSED DATE OF OVAL Gene R. Brantner/4f.1 .7411 afrr �� TAPE #86-45 & #86-46 DOCKET #86-41 PL0057 860585 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : JUNE 25, 1986 DOCKET # 86-41, USR-200 DOG GREYHOUND KENNEL - ROBERT & MARILY HAMILTON DOCKET # 86-42, USR=WOOD CUTTING & PROCESSING OPERATION - JACK TATUM DOCKET # PLEASE write or print legibly your name, address and the COO 4 (as Listed above) or the applicants name of the hearing you are attending. - NAME ADDRESSHEARING ATTENDING 11 A_. d 13 e, ifroael, ay / Lyn lion, %o/ / Locke( 3O h y ?A Pi>j. 5o�t I) c 'Jove ] RAJ chi tite:1 k 175'0eave g744, 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 10th 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 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 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. 86-41 Robert and Marilyn Hamilton 725 North County Line Road Berthoud, Colorado 80513 DATE: June 25, 1986 TIME: 2:00 Y.M. REQUEST: Use by Special Review - 200 dog greyhound kennel LEGAL DESCRIPTION: Part of the NE}, Section 14, Township 4 North, Range 68 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: May 28, 1986 PUBLISHED: June 12, 1986, in the Johnstown Breeze '. ExNn»iT .� 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 10th 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 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 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 so 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. 86-41 Robert and Marilyn Hamilton 725 North County Line Road Berthoud, Colorado 80513 DATE: June 25, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - 200 dog greyhound kennel LEGAL DESCRIPTION: Part of the NE}, Section 14, Township 4 North, Range 68 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: May 28, 1986 PUBLISHED: June 12, 1986, in the Johnstown Breeze DATE: May 28 , 1986 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 25th day of June, 1986 , at 2 : 00 P.M. Docket No. 86-41 - Robert and Marilyn Hamilton, USR-200 dog greyhound kennel Docket No. 86-42 - Jack Tatum, USR-Wood cutting and processing operation OFFICE OF THE CLERK TO THE BOARD BY: .,,"27:77,,/, eff Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO C /4)." 4ffwi2� 07;1,:y2-; 4;0.08,77) Summary of the Weld County Planning Commission Meeting May 20, 1986 Page 9 The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. The Chairman called a break at 3:25 p.m. The meeting was again called to order by the chairman, Jack Holman at 3:35 p.m. CASE NUMBER: USR-739:86:22 APPLICANT: Robert and Marilyn Hamilton REQUEST: A Use by Special Review permit for a 200 dog greyhound kennel LEGAL DESCRIPTION: Part of the NEl of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles southwest of Johnstown; east of I-25 and south of Weld County Road 46 APPEARANCE: Bob Hamilton, applicant, reported they are purchasing this property contingent to the Use by Special Review permit being approved. This is twenty acres and they would like a permit for a two hundred dog greyhound kennel. This would include puppies and breeding and training stock. They will have a sprint track about two hundred by two hundred and fifty feet. The Chairman asked the applicant if they had reviewed the recommendations, conditions and Development Standards as outlined by the Department of Planning Services staff. He stated he was not fully in agreement with Development Standard 117. The sprint track should be soft sand and should not be seeded. AMENDMENT: Doug Graff moved Development Standard #7 be amended to read as follows: 7. All areas shall be maintained in accordance with the erosion plan approved by the Big Thompson Soil Conservation District. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. Egnien Summary of the Weld County Planning Commission Meeting May 20, 1986 Page 10 AMENDMENT: Lynn Brown moved Condition #3 be added to read as follows. 3. Within 30 days of approval of the Board of County Commissioners the applicant/operator shall submit to the Big Thompson Soil Conservation District a plan to control soil erosion and soil blowing. Motion seconded by Doug Graff. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. AMENDMENT: Ann Garrison moved Condition #4 be added to read as follows: 4. Prior to recording the plat, the applicant shall label all buildings on the plat. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked that reading of the recommendations, conditions, and Development Standards as amended be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Ann Garrison moved Case Number USR-739:86:22 for a Use by Special Review permit for a two hundred dog greyhound kennel be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations as outlined by the Department of Summary of the Weld County Planning Commission Meeting May 20, 1986 Page 11 Planning Services staff; the conditions and Development Standards as outlined by the Department of Planning Services staff and amended by the Planning Commission, and the testimony heard by the members of the Planning Commission. Motion seconded by Louis Rademacher. 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. Doug Graff - yes; Lydia Dunbar - yes; Lynn Brown - yes; Don Johnson - yes; Louis Rademacher - yes; Ann Garrison - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: USR-738:86:21 APPLICANT: Jack and Shirlene Tatum REQUEST: A Use by Special Review permit for a wood cutting and processing operation LEGAL DESCRIPTION: Part of the NW} of Section 11, T5N, R67W -of the 6th P.M. , Weld _County, Colorado LOCATION: Adjacent and west of Greeley City Limits; south of U.S. Highway 34 APPEARANCE: Steven Sears, friend of Mr. Tatum's, represented the applicant. For six months out of the year the Tatum's -are in the lawn and gardening business. He rents property in the mountains to obtain fire wood and for the other six months of the year he prepares and sells firewood. He thought this use was an acceptable use in the County until -a few months ago when he was issued a violation notice. This request is to rectify the violation and still allow him to operate his -business as he has been. This property has not been farmed for several years. The only opposition he has received on this request is from the City of Greeley. This property has natural screening from the highway. Jack Tatum, property owner and applicant, stated he delimbs the trees in the mountains. Therefore there is no waste material on his property other than sawdust. He uses this for fertilizer and mulch and he has not had enough of this to utilize for his own use on his own property. AMENDMENT: Don Johnson moved Condition #3 be amended to read as follows: C.-.7;,7c; 1 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison 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: Wn, CASE NUMBER: USR-739:86:22 NAME: Robert and Marilyn Hamilton MAY 2 3 1935 ADDRESS: 725 North County Line Road, Berthoud, Colorado 5D.+ _J ht L ' . C:CLJ, REQUEST: A Use by Special Review permit for a 200 dog greyhound kennel LEGAL DESCRIPTION: Part of the NE} of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles southwest of Johnstown; east of I-25 and south of Weld County Road 46 be recommended favorable 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 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan and is consistent with the intent of the Agricultural Zone district. 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 Town of Johnstown Planning Commission approved of this request at their meeting on April 30, 1986. - No overlay districts affect the site. Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. USR-739:86:22 Robert and Marilyn Hamilton May 20, 1986 Page 2 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: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by 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. Within thirty (30) days of approval of the Board of County Commissioners, the applicant/operator shall submit to the Big Thompson Soil Conservation District a plan to control soil erosion and soil blowing. 4. Prior to recording the mylar plat the applicant shall label all buildings on the plat. Motion seconded by Louis Rademacher. Vote: For Passage Against Passage Doug Graff Lydia Dunbar Lynn Brown Don Johnson Louis Rademacher Ann Garrison Paulette Weaver Jack Holman 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. USR-739:86:22 Robert and Marilyn Hamilton May 20, 1986 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 Resolution of the Planning Commission of Weld County, Colorado, adopted on May 20, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 21st day of May, 1986. Bobbie Good Secretary DEVELOPMENT STANDARDS Robert and Marilyn Hamilton USR-73-9:86:22 1. The Use by Special Review permit is for a greyhound kennel as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated -hereon. The maximum number of dogs shall not exceed two hundred (200) . 2. The greyhound kennel facility shall comply with the Colorado Racing Commission's Rules and Regulations pertaining to greyhound kennels. 3. 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 an a weekly basis. 4. Animal wastes shall be disposed of in accordance with the requirements and regulations of the Weld County Health Department. 5. The sewage holding tank shall be installed for the kennel facility in accordance with the requirements and regulations of the Weld -County Health Department. 6. Water to be provided to the dogs shall be potable and meet Weld County Health Department regulations. 7. All areas shall be maintained in accordance with the erosion plan approved by -Big Thompson Soil Conservation District's concerns. 8. All Construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 9. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 10. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 11. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld _County Regulations. L,.;CC).... ) Development Standards Robert and Marilyn Hamilton Page 2 12. The Use by Spacial 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. 13. 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. a. :•is:3:...3 I INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number 4/33 739 if/ '2 Submitted or Prepared Prior to Hearing At Hearing 1. Application 413 Pages (�/ 2 • !Q_Application plat(s) / page(s) !/ 3. DPS Referral Summary Sheet 4. DPS Recommendation 5. DPS Surrounding Propery Owner Mailing List -6. DPS Mineral Owners Mailing List v, / 7. 3 DPS Maps Prepared by Planning Technician 7// 8. DPS Notice of Hearing 777-v- 9. DPS Case Summary Sheet 10. BPS Field Check o 1/"-- -------- 11. � i inn/J/17W .4";?4,574A__, old, / �2 O121 )/ 12. d Gael )� V.- dart,/t s -07 -16° 1� 13. SAnn 3/HZ, 14. PS ?day?' Jr .S7/-2/�� 15. 02/26711 .S s/?), 16. 17. 18. 19. 20. I hereby certify that the / items identified herein were submitted to the Department of Planning Service at or prior to the scheduled Planning Commission hearing. I further certify that th items were forwarded to the Clerk to the Board's office on _____________________________19g( . d®4,46...a%K, Current Planner STATE OF COLORADO ) ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS t?3<..( DAY OFt/761/1- 19 fii SEAL 7 • / /�//II 'N9TARY PUBLIC ,cXM)1317 My Commission Expires June 1S. race 915 10th Street CC Z79 nil MY COMMISSION EYPIRRS OlekliS ado _ ._... _ ____._......._._. EXHIBIT INVENTORY CONTROL SHEET Case e/S,{,�? ' Exhibit Submitted By Exhibit Description A. B. G ?� ' 1 -ceo.arri, / .1dae-l.zda/n/ ,a,y'/'.1'C.679/41,-9-122.11.G'ry C. ftP./g17 L9yn - 07v .--4-72.2,-72:? 1ty D. ajP3 5e- 7 /112P E. eZ/j) `x�!/1(j . �� s_ u a- 'Id viiA. 11,4✓T G. H. I. J. R. L. M. N. 0. triC CC'Qfl d 47 et G ✓i y .F .(/7 5 -a,, Cyr. • ,/-27-s/ . adeaCo- St Son /70-4" ttd8, 6de/? 54 • 7 .�- 1-72,61' fcoo %'C./•7. Sib 5004 to C ti (p r NNW Big Thompson Soil Conservation District 2625 Redwing Road - Drake Executive Plaza, Suite 250 - Fort Collins, Colorado 80526 President JOHN LEBSACK 3801 Weld County Rd.46 Berthoud,Colorado 80513 532-2444 Vice-President BILL WOODS 2617 East 1st Loveland,Colorado 80537 667-3813 Secretary-Treasurer May 12, 1986 GENE OSTERMILLER 4705 Weld County Rd.46 Berthoud,Colorado 80513 532-2511 Debbie de Besche Member Current Planner JACK SULLIVAN Weld County Colorado 1805 West Colorado Hwy.56 Berthoud,Colorado 80513 Department of Planning Services 532-3460 915 10th Street Member Greeley, Colorado 80631 DEAN ANDERSON 3016 W. County Rd.10 Berthoud,Colorado 80513 532-2579 Dear Ms. de Besche The site review has been completed for the proposed rezoning for a commercial dog kennel on Weld County Road 46. This 20.7 acre tract in the NE3 of Section 14, T. 4 N. , R. 68 W. is projected to house up to 200 greyhound dogs. There is a concern with the proposed waste storage and disposal system. With the projected number of dogs, the storage and disposal of manure may not be adequate. Storing and hauling the dog manure in 5 gallon buckets on a weekly basis may cause odor and sanitary problems. Consideration should be given to exploring some other alternatives for waste disposal. Care should also be taken to prevent and control soil blowing from the sprint field and any other disturbed areas. The site is relatively exposed, and bare loose soil will tend to blow from this location. incerely, / o Lebsack District President- _ riI—, : / . 1 , . . `` L::1: i , 198o I LJ Weld Co. Platming Comnussml, CONSERVATION • DEVELOPMENT - SELF-GOVERNMENT ¢7rr...--r�r {a:. . '4-f,..1:.s: :? Date: May 20, 1986 CASE NUMBER: USR-739:86:22 NAME: Robert and Marilyn Hamilton ADDRESS: 725 North County Line Road, Berthoud, Colorado 80513 REQUEST: A Use by Special Review permit for a 200 dog greyhound kennel LEGAL DESCRIPTION: Part of the NE} of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles southwest of Johnstown; East of I-25 and south of Weld County Road 46 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 proposal is consistent with the Comprehensive Plan and is consistent with the intent of the Agricultural Zone district. 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 Town of Johnstown Planning Commission approved of this request at their meeting on April 30, 198-6. - No overlay districts affect the site. - Use by Special Review Development Standards will Trovide 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. 6,. 1 :i USR-739:86:22 Robert and Marilyn Hamilton Page 2 The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. She Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded iu the office of the Weld County Clerk and Recorder. DEVELOPMENT STANDARDS Robert and Marilyn Hamilton USR-739:86:22 1. The Use by Special Review permitis for a greyhound kennel as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. The maximum number of dogs shall not exceed two hundred (200) . 2. The greyhound kennel facility shall comply with the Colorado Racing Commission's Rules and Regulations pertaining to greyhound kennels. 3. Buildings and grounds shall be kept clean, in good repair and free of trash. Animal waste shall he removed daily from the kennel area and stored in an enclosed _container. The waste shall be removed from the property on a weekly basis. 4. Animal wastes shall be disposed of in accordance with the requirements and regulations of the Weld County Health Department. 5. The sewage holding tank shall be installed for the kennel facility in accordance with the requirements and regulations of the Weld County Health Department. 6. Water to be provided to the dogs shall be potable and meet Weld County Health Department regulations. 7. All disturbed areas shall be seeded and maintained with adaptable grasses to satisfy the Big Thompson Soil Conservation District's concerns. 8. All Construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 9. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 10. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 11. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. Development Standards Robert and Marilyn Hamilton Page 2 12. The Use by 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 Dr Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 13. 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. LAND-USE APPLICATION SUMMARY SHEET Date: May 13, 1986 CASE NUMBER: USR-739:86:22 NAME: Robert and Marilyn Hamilton ADDRESS: 725 North County Line Road, Berthoud, Colorado 80513 REQUEST: A Use by Special Review permit for a 200 dog greyhound kennel LEGAL DESCRIPTION: Part of the NEi of Section 14, T4N, R68W of the bth P.M. , Weld County, Colorado LOCATION: Approximately 3 miles southwest of Johnstown; east of I-25 and south of Weld County Road 46 SIZE OF PARCEL: 20 acres, more or less POSSIBLE ISSUES SUMMARIZED 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 has received a specific recommendation from the Weld County Health Department. A copy has been included in this land—use summary. The Department of Planning Services has not received referrals from the following: - Johnstown Fire Protection District - Fort Collins Coil Conservation District. The staff has not received any objections to this proposal. YIELD CHECK FILING NUMBER: USR-739:86:22 DATE OF INSPECTION: May 8, 1986 NAME: Robert and Marilyn Hamilton REQUEST: A Use By Special Review permit for a 200 Greyhound Dog Kennel LEGAL DESCRIPTION: Pt. NE} of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles southwest of Johnstown, east of I-25, and south of Weld County Road 46. LAND USE: N Weld County Road 46 - Farmland E farmland S Farmland/Residence W Farmland ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: There is one access to the property from Weld County Road 46. Weld County -Road 46 is a gravel surfaced road. Existing on the site are a home, and 5 buildings. There are 2 residences within } of a mile from the site. By: ii. Debbie L. DeBesche Current Planner 'ta1 3 g 7 ( �. • a a °:. y 12 w 9 / ,- • I T “ D • I i � •.o w •-• % li I 1� ` 1R• ..• .� _ ;•• _ • •.-�_4. 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Y 'J.,r. i \ , R 4 S� e'1 • 4 • s t 1r+ `fit . . • 4 ? °w tit ♦ < P •.•of F• ' •:/.;.,,,A,r.:43/4 r s R 2 +F 4 .,.. �.3• r.L.- i f.t. ,3'YY- s / w -' k.,. yam- ._. . . 1"t , ss'S .! J. g�r ,;+ ,. • - liyi,� y„a f` *:.` # , .� ..1<,w. • ......",,,,0•4-,-,. Ely t,•,y : 4 '.terN„� -A-4'; _ ° 5 C ��y a • aY 0,fir' _ C"" , • k= ;Ike, ' 4 ( arm 1 ' , *. y� • f ,'4.i v l. . A9 REFERRAL LIST APPLICANT: Robert & Marilyn Hamilton CASE NUMBER: USR-739:86:22 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: May 8, 1986 NO SR NR NO SR NR _ County Attorney X Johnstown Fire Protection District X Weld County Health Dept. John Shultz 21475 Weld County Road 19 X Engineering Department Milliken, CO 80543 County Extension Agent X Ft. Collins Soil Conservation District _Office of Emergency Mngmt Suite 25 2625 Redwing Road State Engineer It. Collins, CO -80526 Division of Water Resources 1313 Sherman St. , Room 818 X Colorado Racing Commission Denver, CO 80203 1525 Sherman Street Denver, CO 80203 State Highway Department 1420 2nd Street Greeley, CO 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 City of Greeley Planning Department 919 7th Street Greeley, CO 80631 _ Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 X Town of Johnstown Jane Fahrenbruch P.O. Box 306 Johnstown, CO 80534 X Louis Rademacher Weld County Planning Commission 13184 Weld County Road 13 Longmont, CO 80501 NO=No Objection SR=Specific Recommendations re,; ;S Response ,,, . .. ;y,.;_..'; .d 4-eit E: ' eRrinDUM linkro Weld County PlanningDate COLORADO From Health Protection Services MA 94:2132- -\" Subject: Case Number: USR-739:86:22 Name: Robert Hamilton Colorado Health Department Regulations specifically exempt greyhound kennels from the rules and regulations enforced by the Department. You may wish to contact the Colorado Racing Commission to determine if there are any concerns they have with the proposed application. From the -information received by this office, I have the following comments: 1. It should be determined that the water to be provided the animals is potable. 2. The installation of individual sewage disposal -system for animal wastes should be permitted and approved by the Weld County Health Department, and be engineered designed. 3. Animal wastes need to be disposed of in such a manner as not to cause a public health nuisance. 4. The sewage holding tank is considered a vault by Weld County Individual Sewage Disposal Regulations. The installation of a vault requires a permit, and is generally permitted only on properties which cannot accomodate a sewage treatment system. Other than as specified above, we have no problems with this application. HPS/taj D `4 l ziti yi':Wl N Weld to.Moog tnmmisoioo DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on May 20, 1986 at 1:30 p.m. to review a request for approval of a Use by Special Review permit for a greyhound kennel for a maximum of 200 dogs from Robert & Marilyn Hamilton on a parcel of land described as Pt. NE} of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado, containing 20 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 Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on May 20, 1986. 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. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by May 1, 1986. Received by: , / 'Z ( c di'ca-i _ li aFM Date: � / POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I , Jack Wyscaver (name) , the undersigned, of 4-912 Weld County Rd. 46 Berthoud ,Co. 80511 _(address) , County of -Weld State of _ Colorado _, here- by constitute, make and appoint __Robert Hamilton (name) , of 72-S Ma.._County T izw $d Berthoud, Co . 80513 (address) , County of T.arimer • 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 Ling K'rnpl (variance, recorded exemption, etc. ) , in regard to and only in regard to the particular property described in said ap- plication, before the planning Cnmmicsinn , and_Hnard_of Ce-- ommissione (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 21 day of April 19 86 ie- -� fir, Le--7(-71L-t) - Notary Public 310 Mountain Ave . Berthoud , Co . 80513 My commission expires : July 18, 1988 < < . MAILING LIST Robert and Marilyn Hamilton USR-739-86-22 Robert D. and Barbara R. Lewis 801 Weld County Road 6 East Berthoud, Colorado 80513 Cornelia E. Rudolph, Trustee 58378 San Andreas Road Yucca Valley, California 92284 Olie Sue Dunklee c/o Ray Patterson 11 Gregg Drive Loveland, Colorado 80537 C C MINERAL OWNERS Robert and Marilyn Hamilton USR-739:86:22 Leighton G. Wyscaver 17 North Fremont Johnstown, Colorado 80534 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 a necessary signature) 1 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: LEGAT& DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: P t' ,�?E 'Section / y TIM N, R67 7 W - LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: 'Pj�Yf AtG / Section /L11 -,•' T N, R W J Property Address f available) .4•19/1 I )t n? 1, D, PRESENT ZONE ` `'N l�n ,l?<. l• ' �`'v + CO. C E 3 Cif OVERLAY ZONES � /Z 7G ` TOTAL ACREAGE 20 Acr-s m,4 / A; PROPOSED LAND USE AL Z_J kAt' ., fA ' G2ZZi AaLi , o EXISTING LAND USE f,.)p '1 ,_; ,r,• �] SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: — '— — — Name: '.kb. ;• v0r.,trdtoLte S W t4 SC al"te Address: V9tz vitp, 4'tn r City �t�:pi-J.;t,051 4 Zip ?3 # Home Telephonesir?, - 293-6 Business Telephone /i Name: Address: City Zip Home Telephone It Business Telephone # APPLICANT OR AUTHORIZED AGENT (if /different than above) : Name: /1AOr.r f t1ar,A. eta i /ten , /ticr,_) Address: "ter t', („u.,4:.. I in c get City See r U:td zip f f,3 Home Telephonep # - 7 C., : :} "u -� :- � � / Business Telephone # /,'r) List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: ;c. ef9117 7 -kAn ri �t/C/scccier Address: /7 N. FrerRnrf4- City SoArisfewUN Zip -?/-1,-.TRY. Name: 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 MIX ) Larimer STATE OF COLORADO ) b-_,-2 27( / rr 77—Al/t"7—- Signature: Owner or Authorized Agent Subscribed and sworn to before me this 15thMaa of April 19 $6. C (t 7-f }—e-e-<--t NOTARY PUBLIC 310 Mountain Ave . Berthoud , Co . 80513 My commission expires July 18, 1988 U(Jo /1 ',)•/ The printed portions of this form approved (/�j---��ff((JJ� (,//((� J by the Colorado Real Estate Commission Real Estate Inc. (SC 20.283) The Bldg •7101118 Ave..Suds 110.Cowley.CO80631 RESIDENTIAL CONTRACT TO BUY AND SELL REAL ESTATE (Seller's remedy limited to Liquidated Damages] THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD.LEGAL.TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. March 26 .19 86 1.The undersigned agent hereby acknowledges having received from Rohert L. Hamilton & Marilyn F. Hamilton :the sum of$ 1 000 nn .1n the form of rherk _to be held by Col dwell 1 1 Eanker The Team ,broker.in broker's escrow or trusteeaccount.as earnest money and part payment for the following described real estate in the of Weld .Colorado.to wit: County Lot A, Recorded Exemption #341 , being Part of NE9t, Sec. 14-4-68 (20 acres m/1 ) together with all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided,in their present condition,ordinary wear and tear excepted.known as No. -491 2 WCR 46, Berthoud, CO 80513 Isuwt Address.City.Zip) .and hereinafter called the Property. 2. Subject to the provisions in paragraph 17.the undersigned person(s) Robert L. Hamilton -& Marilyn F. //Hamilton (as joint tenants/t4laL/e/11444Loh/ hereinafter called Purchaser,hereby agrees to buy the Property,and the undersigned owner(s),hereinafter called Seller,hereby agrees to sell the Pro- perty upon the terms and conditions stated herein. J.The purchase price shall be U.S.$ 126,000.00 1 ,000.00 ree ; le r: Purchasers to assume present loan p payable as World Savings of approximately .hereby AR aRM loan with present interest of 11% simple interest per annum. and approximate '.1OO monthly payments of $946.O0,including principal and interest. Purchasers to pay $25,000 plus customary purchaser closing costs in cash or cashiers check at time of closing. 4.Price to include any of the following items currently on the Property: lighting,heating,plumbing,ventilating,and central air conditioning fixtures; attached TV antennas and/or water Winer(if owned by Seller):all outdoor plants.-window and porch shades.venetian blinds.storm windows.storm doors.screens,curtain rods.drapery rods,attached minors,linoleum.floortile,awnings,fireplace screen and grate,built-In kitchen appliances.wsAi-te- waucarpeung tishwashe„ Gass range in utility area, wood burning stove in family room, 500 gal . Propane tank, one (1 ) share Consolidated Home Supply Ditch and Reservoir Co. irrigation water Certificate #5673, All perimeter and cross fencing except as excluded below. all in their present condition,conveyed free and clear of all taxes,liens and encumbrances except as provided in paragraph 11;provided however.that the following fixtures of a permanent nature are excluded from this sale: wire hog and cattle panels, and al provided. however. fencing on property. .Personal property shall be conveyed by bill of sale. 3.If a new loan Is to be obtained by Purchaser from-a third party,Purchaseragrees to promptly and diligently(a)apply for such loan.(b)execute all -documents and furnish all information and documents required by the lender,and(c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or before n/a .19 .or If so approved but Is not available at time of closing,this contract shall be null-and void and all payments and things of value received hereunder shall be returned to Purchaser. 6.If a note and trust deed or mortgage is to be assumed.Purchaser agrees to apply fora loan assumption if required and agrees to pay(1)a loan transfer fee not to exceed S 1 1, and(2)an interest tate not to exceed ad 1 .rate w per annum. If the loan to be assumed has provisions for a shared equity or variable interest rates or variable peyments,thiscontract is conditioned upon the Purchaser reviewing and consenting to such provisions.lithe lender'sconsentto a loan assumption is required.this contract is conditioned upon obtaining such consent without change in the terms and conditions of such loan except as herelnprovided, 7.If a note is to be made payable to Seller as partial or full payment of the-purchase price,this contract shall-not be assignable by Purchaser without written consent of Seller. -6.Cost of any appraisal for loan purposes to be obtained after this date shall be paid by purchaser g.An abstract of title to the Property,certified to date,on current committment for title insurance policy in an amount equal to the purchase price,at Seller's option and expense.shall be furnished to Purchaser on or before May 20 ,19 86 Seller elects to furnish said title insurance committment.Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon. 10.The date of closing shall be the date for delivery of deed as provided in paragraph 11.T e hour an place of closing shall be designated by e 11.Title shall be merchantable in Seller,except-as stated in this paragraph and in paragraphs 12 and 10.Subject to payment or tender as above provided and compliance by Purchaser with the other terms.and provisions hereof,Seller shall execute and deliver a good-and sufficient general warranty deed to Purchaser on July 15 bb .19 . or. by mutual agreement.at an earlier date,conveying the Property free and clear of all taxes,except the general taxes for the year of closing.and except nnnp • :free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon.whether-assessed or not;free and clear of all liens and encumbrances except existing first deed of trusfi..ith World Savings to be -assumed. except recorded and/or apparent easements for telephone,electricity,water,sanitary sswer,and easements for Thncp of rprrlyd except the following restrictive covenants which do not contain a right of reverter. 7nnpd Agrirultilrp and subject to building and zoning regulations. 12.Excepts stated in paragraphs 11 and 13.11 title is not merchantable and written notice of defect(s)is given by Purchaser or-Purchaser's agent to Selleror$eller's agent on or before date of closing.Seller shall use reasonable effort to correct said defect(s)prior to-date of closing.It Selierlibeable to correct said defects)on or before date of closing.at Seller's option and upon writtemtotice to Purchaser or Purchaser's agent on orbefore date of cloit�g. the date of closing shallbe extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph 13.if title is not rendered mer- chantable as provided in this paragraph 12.at Purchaser's option,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments-and things of value received hereunder shall be returned to Purchaser. t3.Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source.Provided. however.at the option of either party.if thetotal indebtedness secured by lienson the Property exceeds the purchase price.thtscontract shall be void and rano effect and-each party hereto-shalt be released from all obligations hereunder and all payments and things of value-received hereunder shall be re- turned to-Purchaser. 14.General taxes for the year of closing.based on the most recent levy and the most recent assessment.prepaid rents,water rents,sewer rents.FHA mortgage insurance premiums and interest on encumbrances.If any.and nnnP shall be apportioned to-date of-0elivery of deed. 13.Possession of the Property shall-be delivered to-Purchaser on July 18 for house. July 22 for rem i nder of property. subject to the following I or tenancies: If Selleg(Ails to deliver po ion on the date herein specified.Seller shall be subject to eviction and shall be liable for a daily rental of S 44 DD U until_possession is delivered. 18.In the event the-Property shall be damaged by fire or other casualty prior to time of closing.in an amount of not more than ten percent of the total purchase price.Seller shall be obligated to repair the same before the date herein provided for delivery of deed.In the event such damage is not or cannot be repaired within said time or if the damages exceed such sum.this contract may be terminated at the option of Purchaser,and all payments and things of value received hereunder shall be returned to Purchaser.Should Purchaser elect to carry out this contract despite such damage,Purchaser shall be enti- tled to all the credit for the insurance proceeds resulting from such damage,not exceeding,however,the total purchase price.Should any fixtures or services fail between the date of this contract and the date of possession or the date of delivery of deed.whichever shall be earlier.then Seller shall be liable for the repair or replacement otsuch fixtures or services with-a unit of similar size,age and quality,or an-equivalent credit. 17.Time is of the essence hereof.If any note or check received as earnest-money hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any other obligation hereunder 1s not-performed as herein provided,there shall be the following remedies: (a)IF PURCHASER IS IN DEFAULT,then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on be- half of Seller and both parties shall thereafter be released from all obligations hereunder.It is agreed that such payments and things of value are LIQUI- DATED DAMAGES and(except as provided in subparagraph(c))are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this contract.Seller expressly waives the remedies of specific performance and additional damages. (b)IF SELLER IS IN DEFAULT.(1)Purchaser may elect to treat this contract as terminated,in which case all payments and things of value re- ceived hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper.or(2)Purchaser may elect to treat this con-- tract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages,or both. (c)Anything to the contrary herein notwithstanding.in the event of any litigation arising out of this contract.the court may award to the prevailing party all reasonable costs and expense.including attorneys'fees. 18.Purchaser and Seller agree that in the event of any controversy regarding the earnest money or things of value held by broker.unless satisfactory mutual written instruction is received by broker,broker shall not be required to take any action but may await any proceeding.or at broker's option and discretion.may interplesd any moneys or things of value Into the court and may recover court costs and reasonable attorneys'fees. 19.Additionalprovisions: 1 . This contract is contingent upon purchasers selling their property located at 725• N. County Line Road, Berthoud, CO. 2. Sellers shall have the right to continue to market their property. If an acceptable contract is received, purchasers shall be notified in writing, and shall have 72 hours to remove their contingencyin writing. If not removed within said time, this contract shall become null and void and all earnest monies shall be refunded to purchasers. 3. This contract is contingent upon purchasers receiving a permit from the County allowing a 200 dog kennel on said property. 20.If this propose is accepted by Seller in writing and-Purchaser receives notice of such acceptance on or before March 31 19 86 • thisinetroment shall become acontra 'between Selierand Purchaser and shall mum to the beneflta• f the heirs.successors and assigns-of such parties,except as stated in paragraph 7. arokerColdwell Banker The Team Real Estate, Inc Purchaser Robert L. Hamilton Dal By: () .t�r(t...ae./\ Purchaser Marilyn F. Hamilton Date Jim F guson `%(1 PurclasersAddress 725 N rnunty lino PnRd Rprthniiri rn Rncii (The following section to be completed by Seller and Listing Agent) / 21.Seller accepts the above proposal this 9(-t day of iil�-n,--a.k‘ . 19 7• and agrees to pay-a commission-of % of the purchase price for services in this transaction,and agrees that,in the event of forfeiture of payments and things of value received hereunder.such payments and things of value shall be divided between listing broker and Seller,one-half thereof to said broker,butnot to exceed the commission and the balance to Seller. ,' ;/ ��-� ‘1w s>it- f cy GL� _scat. /<✓ Seller y /Jack B. scaver seller M Domituique J: Wysca r Seller's Address • Listing Broker's Name and Address Coldwell Banker The Team Real Estate. Inc. 710 11th Av.Suite #110 Greeley, CO 80631 UPDATE LEGAL FORMS (SC 20-2-e1) 0 is-0 BOX ISIS-GREELEY.COLORADO 80632 303'356.6380 �....e X41:t,./, The printed portions of this form approved by the Colorado Real Estate Commission CP i0-2.81. THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER-COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. COUNTERPROPOSAL RE:Proposed contract for the purchase of property described as: Lot A, Recorded Exemption #341 , being Part of NE7<, Sec. 14, T4N, R64W of 6th P.M. (20 acres m/1 ) Weld County also known as number 4912 Weld County Road 46, Berthoud, Colorado 80513 situated in the Said county of Weld March 28 ,i9 86 between Jack D. -and Dominique J. Wyscaver colarada,dated and Robert 1. and Marilyn F. Hamilton chaser• •Purchaser.The undersigned Seller accepts said proposed contract,subject to the following amendments: Line #3: Purchase price shall be $125,000.00. Line #4: Include 30" range and refrigerator now in place in kitchen area. Exclude range and refrigerator in utility area. Line- #19,4: Purchaser shall have 20 days from acceptance of this contract to give sellers written notice that oil well location is unacceptable. If such notice is received, this contract shall be null and void and all earnest monies shall be returned to purchaser. If such notice is not received, then this contract shall be acceptable. • • All other terms and conditions shall remain the same. If this counterproposal is accepted by Purchaser,as evidenced by Purchaser's p+ signature hereon,and if Seller receives notice of such acceptance on or before /1.Y,r-, I I I 19 rt.the said proposed contract,as amended hereby,shall become a contract between the parties. or / O11.,„--r •-k—LA / �< !� O —e` -- he foregoing counterproposal is accepted this day ofei.r ��J 9� • 9 Purcheur Robert Hamilton Purchaser P..rti.,.r MarLTyn Hamilton If this counterproposal is accepted by Purchaser-as aforesaid,-Seller agrees to pay listing broker a commission of 6 To of the purchase price for services in this transaction•and agrees that,in the event of forfeiture of payments and things of value received hereunder and under said proposed contract.such payments and things of value shall be divided between Seller and listing broker, one-half thereof to said broker, but not to exceed the commtasro ,and the balance o Seller. / 7)L"-i < a �t- [t.4-a 1.�� Seller G - -- 'N.B.When this counterprcposal is used,said proposed contract is not to be signed by Seller. This counterproposal must be securely attached to said proposed contract. UPDATE LEGAL FORMS P O BOX 1815-GREELEY COLORADO 80632 303/366.631D (`X CP 40-2-BL ��/�/iCCl iOsr� /? / erne s o (Pc ye / /9(1.37;o5 CC/665e. ,L3 ree i a,xy kenne/ (6re7Aourc8) 2. Weed , rase. . T scyoo/y reef& .S/ock tor- Colorado RCCci, ClrCu [ f' 11 � 3. uses /On- • Surrounc/i q pro�er/,e5 • F ,-n/ ky y. Disfartce ©7"proposeduse fo ressdezfia/ SIcccfures. �•C o k a 1'"T r12e, rioor "! 4 i ) , COO ^ V. n i1: et .t 1('L1 Li L 1 rL( .U '4/ Fore Sue /Jur. rkLc flpprv ( . S. fV/uniher of emp/o yeeS ski-/5 and hours of opera,on, . 6 'oo 4frt w,/ 9:0u Pin. 7 cAys a wee/s . Employees . lEoherf P/arni/fort. - irwl/ tInne, avid Nanii //oit - ru.// riari/t/ ami/ton - Par/ firne (Au ernp/ogees c1/2'// /ie on protosea/ site.) 6 - (,Ua k r source cor proposed site . Li ff/e Thotson.,. 7, Access route to be 1.22,1-11/zed-,-(:)r Fro/posed s;7 . • C✓ccnA/ /?oar/ 41O east to /-2:5—-Crv2faae roctcr! fv e/i Aer north, or south. Ott /-2S, 8. Type , size aazd W67,9171" of ve/ric%c/ar -/ra c-C/c., One. - hal-F -for& pick- up, loaded wi/L aborox,. Si -to seven /urno'red pcunr/s. Zn (end o f- of proicsec,/ Sife fe,po - jhr ee ffi es soc dk-ys a meek. fic r ..mss r 9. Tpe of sew aye fa,ci/itesic'One under/round holding ink ccsed -or wash - up tukick. will be pu•npec/ oat and ha u /ed Qu 4Z y as needed to. F -e Pro-fec-Aron. for proposed 46se . We will a.dopf fire profec hate as re fa fired bq -the Colorado eac n y Cornrnisstoto; 1/. Tpe and ma1e;manL ttumZer of arum' cz/S fo be on, proposed site . Qre yhouru-/s fwd ;Lune/red head- 12.i2. Manure disposal, 4l/ qre yhourzdrnQrturt, will Wit be collected daily and pu - -Five gallon. buckets wh A lids. Tzese. buckets will be hauled away once tok/y. 13. "Time schedule, -for removal and disposal of debris junk and oMei- W'ccsf-e . kennel building and rccns will' reirhalit. clean_ of debris at ct ll 4inic s cts regu t r'ed by -ke Colorado Rac t 2Q (, )'r i . 1W. Trine -"cble 5Rowh y perl ock of -1n4 requ;recf -fir Conc/rice-/70,t and st0rf-up 01 proposed use . Proposed kennel buy/cJ y (cc l/yearly eri si tzq ), w i!0 f- (&7c 3 ) remodeled /me nier/ia-h2/y . Occ td or c%y rccnS and sprint fje/d cod/ a/so be rnsfc�//ed +o c ccornox/a/e what ireryA0unG7s we nocv have . trout Mere tue coil/ build on as ou_r business 9rou-is • Reasons -for se/ecfin? g9/2 4/(, 8ertAour/ as a pr_otosec/ qre yhocc.n c/ �arrrt.. . We - Feel fh is Ewen✓fc� orres /s idea/./' /orated for 1-he -{o//ocuirl reasons . This proper /s Far/7 secludedTwin reside/v/-ml hoasm- ? . (4/l surrounc7J1 y prop'ri e5 ctre -farms .) b 77, e are& --o be u sec/ icor c%s is n of- eas i ly irre5,a/a{ (ioe h cry /eft -the majority err -/-h e - arm_ -for irre 9 ated --rarrr,;r c . 7T e -f-orm or u.5 is cen-trally /oco.$ec/ -for 9rerhoard breec%- d• The -farm is close +3 Tn-fersfj2/c. £s \",;(;; .14 p37 ( Page 4/ ) Profecfin y fie/9A bonny iGrrn s . 4/I outdoor yyreyhoands wi l/ be. lac/oced /n. file - cof- wire -Fence . 4// manure wi// be p'cked u c/a /y and fared in. live. 17 //vr& buckets rw4 r cX, &‘)/// .be. hau/ oa ,ocuei Dtr-ce a week , 1- c%or kennels wi// & Con.sfanf/y .sani7Lized aild kept c%n_ of debi--r8 . ae YyuJs.. 1) SOIL TYPES DACONO +#z, The facono series consists of deep, well drained soils that formed in mixed alluvium underlain by sand and gravel. Dacono soils are on terraces. Slopes are 0 to 3 percent. Dacono soils are similar to the Altvan and _Nunn soils. Altvan soils are less than 35 percent clay in the B horizon. Colombo and Haverson soils lack a Bt horizon. Nunn soils lack a sand and gravel C horizon between 20 and 40 inches. Ap-0 to 12 inches; grayish brown (10YR 5/2) clay loam, very dark grayish brown (10YR 3/2) moist; moderate medium granular structure; hard, firm; neutral; clear smooth boundary. B2t-12 to 21 inches; grayish brown (10YR 5/2) heavy clay loam, dark -grayish brown (10YR 4/2) -moist; moderate fine prismatic structure parting to moderate fine angular blocky; extremely hard, very firm; common moderate thick clay films on faces of peds; noncalcareous; mildly alkaline; clear smooth boundary. B3ca-21 .to 27 inches; grayish brown (10YR 5/2) clay loam, dark grayish brown (10YR 4/2) moist; weak medium prismatic structure; extremely hard, very firm; few thin clay films on faces of peds; 10 percent -gravel; some visible lime occuring in fine soft masses; calcareous; mildly alkaline; clear wavy boundary.. IIC 27 to 60 inches; pale brown (10YR 6/3) very gravelly sand, brown (10YR 5/3) moist; single grained; loose; 50 percent gravel; calcareous; mildly alkaline. HAVERSON 2 S The Haverson series consists of deep, well drained soils that formed in stratified recent loamy alluvium. Haverson soils ars on low terraces and flood plains. Slopes are 0 to 3 percent. Haverson soils are similar to the Bankard soils and are near the Colombo and Nunn soils. Bankard soils are sandy in the C horizon. Colombo and Nunn soils have a dark colored surface layer. A1-0 to 4 inches; grayish brown (10YR 5/2) loam, dark grayish brown (10YR 4/2) moist; weak fine granular structure; slightly hard, very friable; neutral; clear smooth boundary. C1-4 to25 inches; pale brown (10YR 6/3) loam stratified with thin lenses of loamy sand and clay loam, dark grayish brown (10YR 4/2) moist; moderate fine platy structure; slightly hard, very friable; calcareous ; mildly alkaline ; gradual wavy boundary. C2-25 to 60 inches ; pale brown (10YR 6/3) loam, dark grayish brown (10YR 4/2) moist; massive; seft, very friable; calcareous; moderately alkaline. NUNN 3 9 The Nunn series consists of deep, well drained soils that formed in mixed alluvium and eolian deposits. Nunn soils are on terraces, alluvial fans, and smooth plains. Slopes are 0 to 3 percent. Nunn soils are similar to the Altvan and Dacono soils and are near the Colombo, Fort Collins, Haverson, and Weld soils. Altvan and Dacono soils have a sand and gravel C horizon at a depth of 20 to 40 inches. Colombo and Haverson soils lack a B horizon. Fort Collins soils are less than 35 percent clay in the B horizon. Weld soils have an abrupt textural boundary between the A and B horizons. NUNN (continued) Ap-0 to 9 inches; grayish brown (10YR 5/2) clay loam; very dark grayish brown (10YR 3/2) moist; moderate fine granular structure; slightly hard, friable; noncalcareous; mildly alkaline; clear smooth boundary. B2t--9 to 19 -inches; light brownish gray (10YR 6/2) heavy clay loam, dark grayish brown (10YR 4/2) moist; moderate fine prismatic structure parting to moderate fine subangular blocky; very hard, firm; common moderately thick clay films on faces -of pads; noncalcareous; mildly alkaline ; clear wavy boundary. B3-19 to 23 inches; light brownish gray (10YR 6/2) heavy clay loam, dark grayish brown (10Y₹i 4/2) moist; moderate medium prismatic structure parting to weak fine subangular blocky; hard, friable; calcareous; mildly alkaline; clear wavy boundary. C1ca-23 to 29 inches ; light brownish gray (10YR 6/2) clay loam, dark grayish brown (10YR 4/2) moist; weak coarse prismatic structure parting to weak medium subangular blocky; slightly hard, very friable; some visible lime in fine seams and filaments; calcareous; moderately alkaline; clear wavy boundary. C2ca-29 to 60 inches; brown (10YR 5/3) sandy loam, dark brown (10YR 4/3) moist; weak coarse subangular blocky structure; soft, very Triable; some visible lime in fine filaments; calcareous; moderately alkaline. C'c..,;.. LITTLE THOMPSON WATER DISTRICT DIRECTORS: Carey J.Salomonson, Telephone 532-2096 Preaidem 307 Welch Avenue Charles Allen Drawer G _Leo Bakal Berthoud,Colorado 80513 Pat Dorsey David McGee E.Thomas Ricord Dean Anderson MANAGER: John M.Gruner April 15, 1986 Weld County Planning Dept. 915 19th Street Greeley, CO 80631 Gentlemen: We are currently serving 4912 Weld County Road 46, Berthoud, CO 80513. Water service is available at the above address . This information is being submitted at the request of Mr. Robert Hamilton. Sincerely, ohn M. Gruner ' `Manager JMG/jl NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION # 1 . Robert D. & Barbara R. Levis Parcel #25750D 801 WCR 6 E Area ##024 Berthoud, CO 80513 #026 Section #14 Parcel #25731 2. Cornelia E. Rudolph, Trustee (#2574? 58378 San Andreas Raod #015 Yucca Valley, CA 92284 #016 Section #11 #12 3. Olie Sue Dunklee #013 c/o Ray Patterson 11 Gregg Drive Section #13 Loveland, CO 80537 Parcel #25748 • ,H ,p AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property S Z 1 [y Sec /54 I y /2L o Lo r4 le�Zoaoe0 eka-mpnt4 #34i Prof SUEµscc i5' STATE OF COLORADO ) �-4L AJ , /2^, 8 4,4 Rol COUNTY OF Gj � ) ss W eE2-0 0 .y i•e , Larimer 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.,/ } The foregoing instrument was subscribed and sworn to before me this 15th day of April 1986 WITNESS my hand and official seal. My Commission expires: July 18, 1988 47(-1— Notary Public 310 Mountain Ave . Berthoud , Colorado 80513 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. n Subject Property 407- A , Qr_ 2 ccAE-D cxen P Ne prid,4 #3y/ cj , i See- leiTq Ai ee F 0 '9 �i_C ' 41 io.. d �� ecA STATE OF COLORADO ) ss. COUNTY OF C ) ]tth` Latimer 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 app-ear upon the records in the Weld County Clerk and Recorder's Office, ar from an ownership update from a title or abstract company at. an attorney. The foregoing instrument was subscribed and sworn to before me this 15th day of April 19 86 WITNESS my hand and official seal. My Commission expires: July 18, 1988 Notary Public 310 Mountain Ave. Berthoud , Colorado 80513 - 7,r0 az f//a- M �' HO 1 � M A m taco a HHo Ho a w z � lif1ii1h ; .' ro CI R I ✓ ' , ' p avW FO 1 a3 pCi in 1:4 nW T F4zx 7� F S -�.g piy Q Q,! O N W , i i PSF's*St1.i*Y' .n'. % • ay ka .r , p MAP ° i ' WELD COUNTY COLORADO # a h %,„ti � BOARD OF COUNTY COMMISSIONERS �' G P. 0. BOX 758 `.r r xA, • e„,` ,.-t .e f PMt GREELEY, COLORADO 80632 02:';;;'''.4 a'"; p *itt a, . s t , tt P 310 896 950 � 42�;• ✓ C Gy t w t a 4 ) ,� �.,4 Q ,-‘")\ J.,§°y� at.7 .a' k'jµj.j"l.v,`.k ,yp Lel a- 0118S co FTpR z `t T ro ACK & DOMIN UE WYSCAVER f�SF,y 912 WELD UNTY ROAD 46 m ' ?Tl b4 R£1�yp �Q BERTHOUD CO 80513 a ibtR�m`°r445 6,k"`P R"h'4i �cn O ce% 'P c. n ay "Vjr 'mi/P 4ef A fig`mt4w "tliti,!llttf'1!l,IJ,IIl II 1' 1_1 . 8Nit It i d' in O .fir G} u1 co _ . _ 4O Ho ca. 'z U ra < H O . S. Iv , O W • O HI §t r, I H H cal tr4 a LII, a # r u ul o r z h x a a � hii Iwo c ',cC a4 co HE mv I $` �IillIr'_ ig yj ` e CO-- z00ww 1. - I` .: of d !i I — w w w ei 4 , t H I a a4 --1- l w � „ P'. 00 I 0 w -..w R4W ¢ rr o ca -ca w U >111 O M d UCI - s an A iZ a iw• a8Y $ 1 Ww. co 6 i .h:;0, PS iirsalitteirlyNit 4141415 p #1 tliwlrlfklhT It J' I1IL wLn itw L ! 14 �' r7 z H H O r ',Z H H O Q la 4A U 4' IZi!(ti .tc4 p CiU 8• Ii IjgJt_ IiilJiic; C.Dr24 LT.H4 le 'd . 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