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Home My WebLink About880357.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A KENNEL (64 ADULT DOGS AND 120 PUPPIES) - JUDY OAKLEY 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 18th 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 Judy Oakley, 12236 Weld County Road 18 , Fort Lupton, Colorado 80621 , for a Site Specific Development Plan and Special Review permit for a kennel , with a maximum of 64 adult dogs and 120 puppies, in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the NW} , Section 30 , Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado; the east 4 . 94 acres of Lot 2 , Lupton Meadows Land Company Subdivision, 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. This proposal is located in the urban growth boundary area of the City of Fort Lupton and is consistent with the Weld County Comprehensive Plan 's Urban Growth Boundary Area Goals and i/2 (1iZ f, 880357 Page 2 RE: USR — OAKLEY Policies . The City of Tort Lupton has stated they have no objections to this proposal, because the proposal is outside of their master plan area. b. This proposal is consistent with the intent of the A (Agricultural) Zone District and is provided for as a Use by Special Review. -c. The uses which would be permitted on the property will be compatible with the existing surrounding land uses which include pasture, greenhouses , oil and gas production, and two residences. The use of the property is compatible with the future development of the surrounding area as permitted by the A (Agricultural) Zone District. d. The proposed site is located in the Flood -Hazard Overlay District area. Special -Review permit conditions of approval address this concern. e. No overlay districts affect the site. f. 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 64 adult dogs and 120 puppies, 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 . A Flood Hazard Development Kermit shall be required for any new construction or the substantial improvement of existing structures located in the Tloodway or Floodprone District on the property. 880351 Page 3 RE: USR - OAKLEY 4 . Within 30 days of approval by the Board of County Commissioners: a. A boarding kennel application and Plan review form shall be completed by the applicant and approved by the Weld County Health Department. b. The application materials shall be amended to show the well or cistern as a legal, commercial source of water for the kennel operation. 5 . Prior to recording, the Special _Review plat shall be amended to show the correct number and sizes of the proposed kennel facilities, including the kennel structures, and shall be -amended to -show a 30 foot open-type fence on the north end of the kennel boundary. -6 . The number of adult dogs on the site shall not exceed 30 until the kennel structures have been completed. The kennel structures shall to completed by -December 1 , 198B . 7 . The kennel structure shall be frame construction and insulated to lessen the audio impacts . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of May, A.D. , 198-B . (..-'' BDARD OF COUNTY COMMISSIONERS ATTEST: ii-e-m G;.t) WELD COUNTY, COLORADO Weld County erk and Recorder Sce and Clerk to the -Board Gene R. Bran ner, Chairman ----" . � - 13x= r-4 c791_, C.w. -Kirby, Pro em eputy Count Clerk APPROVE AS TO FORM: a ` \ ." 11 •ue \e.� -.�'�••so - County Attorney A . � . Frank amaguchi 880357 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Judy Oakley USR-828 1 . The Special Review permit is for a kennel in the A (Agricultural) Zone District 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 on the site shall not exceed 64 adult dogs and 120 puppies . If at any time the amount of puppies exceeds 120 , the applicant shall have six weeks to bring the property into conformance. 2 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 , C.R.S. , as -amended. The property owner and/or operator shall comply with Section 6 CCR 1009-5 pertaining to pet animals, pet shops , and boarding kennels . 3 . Animal wastes shall be disposed of in a manner which will not cause a public health -nuisance. 4 . Quarterly samples of water from the cistern shall be tested to assure pot-ability, and the results shall be provided to the Weld County Health Department. 5 . The maximum permissible noise level shall not exceed the commercial limit of 60 db (A) as measured according to C.R.S. 25-12-102 . 6 . Animal wastes shall be removed from primary enclosures daily or as often as necessary to prevent contamination of the animals contained therein and to reduce disease hazards and odors . 7 . The method for final disposal of all wastes shall be in accordance with the Weld County Health Department. 8 . Potable water shall be provided in adequate amounts and shall be free from contamination. 9 . The water source for the kennel operation shall be a cistern filled with a legal , commercial source of water or a well permitted by the Division of Water Resources or -approved by the Division I Water Court to include the kennel facilities . In the absence of such approval, the well on the property may only be used for domestic purposes . 880357 Page 2 DEVELOPMENT STANDARDS - OAKLEY 10 . Exercise areas shall be of sufficient size to allow any dog to break into a run. 11 . The portion of the site which is not used for the kennel operation or the residence shall be covered with grass and shrubs. 12 . The Special Review permit shall not be transferable to any successors in the interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. 13. All dogs shall be enclosed within the kennel structures between the hours of 10 :00 p.m. and 7: 0-0 a.m. 14 . All construction on the property shall be in conformance with the Weld County Building Code Ordinance. 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. lb . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 17. Personnel from the Weld County Health Department and Weld County Department of Plannin-g 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 herein and all applicable Weld County Regulations . 12 . 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 ty 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 he filed in the office of the Department of -Planning Services . 19 . 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. 880357 HEARING CERTIFICATION DOCKET NO. 88-19 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A KENNEL (64 ADULT DOGS AND 120 PUPPIES) IN THE A (AGRICULTURAL) ZONE DISTRICT — JUDY OAKLEY A public hearing was conducted on May 18, 1988, at 2:00 P.M. , with the following present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Jacqueline Johnson Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Debbie Campbell Assistant County Attorney, Lee D. Morrison Planning Department representative, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated April 27, 1988, and duly published May 5, 1988, in the Platteville Herald, a public hearing was conducted to consider the request of Judy Oakley for a Site Specific Development Plan and Special Review permit for a kennel, with a maximum of 64 adult dogs and 120 puppies, in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. Lanell Swanson, Planning Department representative, entered the favorable recommendation of the Planning Commission, subject to 5 Conditions and 18 Development Standards, into the record. Judy Oakley was present and answered questions of the Board. She said she has no problem with the Conditions and Standards as recommended by the Planning Commission. Discussion was held concerning the type of fence which is being -erected around the kennel facility. Michael Brackney and Albert Jones spoke in opposition to this application, their concern being the noise. Considerable discussion followed. Ms. Swanson recommended changes and additions to Conditions 115, #6, #7, and Development Standard 1113 as follows: 1) The end of Condition #5 to read: . . .including the kennel structures, and shall be amended to show a 30 foot open-type fence on the north end of the kennel boundary. ; 2) adding Condition #6 to read: The number of adult dogs on the site shall not exceed 30 until the kennel structures have been completed. The kennel structures shall be completed by December 1, 1988. ; 3) adding a new Development Standard #13 which would read: All dogs shall be enclosed within the kennel structures between the hours of 10:00 p.m. and 7:00 a.m. , with existing Development Standards No. 13 - 18 to be renumbered. ; and 4) Condition #7 to read: The kennel structures shall be frame construction and insulated to lessen the audio impacts. Commissioner Lacy moved to approve the request of Judy Oakley for a kennel, subject to the recommendation of the Planning Commission, and the additions and amendments to the Conditions and Development Standards as discussed. Commissioner Kirby seconded the motion which carried unanimously. TAPE #88-23 DOCKET #88-19 PL0433 i / /'� � � . v 880357 Page 2 RE: CERTIFICATION - OAKLEY This Certification was approved on the 23rd day of May, 1988. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: WE COUNTY, COLORADO Weld County Clerk and Recorder PA and Clerk to the Boar Gene .�y/rra/n ner, Chairman Deputy County Cle C.W. Kirby, Pro-Tem Ja.quel Jo ;« : G.r.'ac T acy 41 Frank Y maguchi 880357 _ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ATTENDANCE RECORD PLEASE write or print legibly your name , address and the name of the applicant or Docket # for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: DOCKET #88-19 - Site Specific Development Plan and Special Review Permit - Kennel (64 adult dogs & 120 puppies) in the A-Agricultural Zone District DOCKET # DOCKET # NAME ADDRESS EA .IN ATT NDING DD A - 4ldeg7- J„ CS �/�S/vo cJJ, C, R. / 8 FT L.wp7?'7/ &9. 1c'/off / PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on May 18, 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: Judy Oakley 12236 Weld County Road 18 Fort Lupton, Colorado 80621 LEGAL DESCRIPTION: Part of the NWi of Section 30, Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado; the east 4.94 acres of Lot 2, Lupton Meadows Land Company Subdivision, Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Kennel with a maximum of 64 adult dogs and 120 puppies SIZE OF PARCEL: 4.94 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 25, 1988, in the Platteville Herald 80353 / Affidavit of Publication STATE OF COLORADO) County of Weld) ss. R ) !n i V✓1sJlsl EX' A ietct „I . NOTICE said County of Weld being duly sworn sac that I PunuadatMaontglawelfM Sbte ant publisher ol� of Colorado and the Weld County Zoo- Jt/fir&Lin)tit /CC'S-5- 2° noNWwe,e ktiwrWwillbe that.the same is a weekly newspaper in general held in to a.aso s IM Bwo e circulation was printed and published in the County Commiyynenel Wald County, GNrado Wald Gong Centennial town of ��----�� Center. 913 IoM Streel, F'NN Floor, YUg7 / i.."72'.4) Cn 915rsmuwu m. cMad. in said county and state: that the notice of adver- Am poraone in amy mmlner kAanated in tM Site Specific Development Plan end tisement.of which the annexed is a true copy has SadN Revco Permit am requested to been published in said weekly newspaper for attend -and may be heard. Should the applicant or any interested party'dearer BIIIMMIBI fort-rt_ L1f c consecutive reporter to make a record of the pro- weeks: that the notice was published in the endings, in addition to the taps record which will Dl ks dwioa-the regular and entire issue ❑poi ofr of said — eart'�tire Child to the Board's Office newspaper during the period and and time of publics- can be contacted ldr a llet of certified tton of said notice and in the newspaper proper court reporters In tM area. B a court and not in a supplement thereof: that the first reporter is obtained, the Clerk to the Board's Office shall be advised in publication of said notice was contained in the v ffirgbtwdh action at least live days issue of said newspaper bearing the date. the nptiOr ag- km t hewing.The cost of naaa- court reporter shall be borne by // date of /4.%;.../. pi µe raywB/ A.D.. 19 a q arty. BE IT ALSO KNOWN that the test and and the last publication thereof. in [f)C issue of mass wattled by the Weld Cowi4y said newspaper.bearing date. the c day of Alemine ^ aeaanhos in the e Nicest thiclark blithe Bard of ,^ ,,,� County Cpnminkmers,located in the /n y/4 19'Jdt ha i the said Weld County Welt Floral Center, fat. � made. Ycit r 1,0/0 Tr' .' &cS5 has been published continously and uninter- APPLICANT ruptedly during the period of at least fifty-two JIM Oahe 12236 Weld Cory Read 12 consecutive weeks next prior to the first issue Fart Lepton.Colorado S0621 thereof containing said notice or advertisement - DOCKET NO DATE:May IS, -is above referred to: and that said newspaper was TIME:2%P.M.at the time of each of the publications of said REQUEST:9y tatic Development notice duly qualified for that purpose within the M edit and Fleoh.mem�Permit pippin) meaning of an act entitled. "An Act Concerning tilt A f.lrlcogdraq Zane District Legal Notices. Advertisements and Publications LEGAL DESCRIPTION: M M tau and the Fees of Printers and Publishers thereof. NWY Sirenao,Towne"2 Ninth, and to Repeal all Acts and Parts of Acts in Con- Range 66 West of the 6th P.M.,Weld Chet with the Provisions of this Act" approved —April 7. 1921. and all amendments thcreol. and a ltao: e d.N spa Gparticularity as amended by an act approved. peal SubdivyNn Wee 1+MCam- March 30; 1923.iand anyac't apprrr ` 13' / LOCATION: CeWy, COI- _ — IDµ, reach AI AR ofy of Fort thorn • BOARD OF iCOUaRYCOMMIS 'obits er ERS,WELD /' COLORADO L �I`' BT:MARYANNF S hscribed and sworn to before me this CWNTY CLERK AND RECORDER AND CLERK TO THE BOARD day of / A 1) 19 8 8 BY:Mary Rem,Deputy DATED:April 27,I9aB PUBLISHED: Frbeekad in Bst gyp. Horsy i pot Lunetr press- resa A ey : t� r- NAN 4.mew - • NUlary I'll IC il/5 �, );1/)UA,�l £I,11( O UC4 CA �o6 I l� [✓ dl I Mr fonuntYslori fcptrr. // /s 79 88035$7 A-f,�doL'it or l'ublicatir - t STATE OF COL, .P ADO) County al VC( ldi Si'.A. Winkler Riesel ,1:;',f'nurii i n: \.l Id L, 'tin :r.I‘ .0 nn i ..n I F,a: I an: pnbin'ht r „l Platteville Herald the: the yme rs a u, rruspay s ni g' ncrdl tire utatmn teas printed and puhtshcd In the town of Platteville 'rile''. of arty r :'_..e...I : v'ct :e a true rope has bee p,ut:Irt,.o c. w .r.. n piper UPP ronseruuce wetn that Inc net c u'aS put'i.,hod it the rrgu.ar and enttre Issue 01 ee en nu^:b"r of vac PUBLIC NOTICE ;WV spap-e annr the p_rind and tams of pub!'-a- non n so ❑n - n r The Board of County Commis. < r:ws Pa Oro; aloners of Weld .County. Gol- an[ not i a su,;,it seen; thereof. that lhr (:7st rst orado, on May i8, IOU, condi- puChrzec•: of sr: d ncire was contained in the Uonally approved a Site Specific issue c! s':-.d :Iry:spapor bear.:'.g the date. Inc Development Plan and a Special Review permit for the property and purpose described below. dale o' Au_ . 1 P HCondlUonst approval of this plan 25 Nay a vested property right and the as publ.raucn thereo.. in the issue of pursuant to Article SO of Title 24, C.R.S., es emended, for a period sJ:c newspaper beatific d :e the fJ date of of three years. APPLICANT: Judy Oakley, MM,, I°Ratha' the Said 12238 Weld County Road 18, Fort ay Lupton, Colorado 80021 Platteville .Herald LEGAL DESCRIPTION: Part of the NW1/4 of Section 30, _71C ._. <.:. Township 2 North,Range 66 West has ,rc I t r:,. '_ of the 81h P.M., Weld County, ;-Jpi•,_i,, d„r;;.,. h. { O'. at It t'1':-tu'u Colorado; the east 4.94 acres of -' 'test issue' Lot 2, Lupton Meadows Land rrr� . .. u _ Company Subdivision, Weld the cc rc 5 n; or . set County, Colorado F:b?,1 'c,cec._ h, sap,. r sp p use s TYPE AND INTENSITY OF at a:^ r^, o' tort n` tt. pea t'.:c'.:o'.e o'. sr Id Ik\ APPROVED USE: Kennel with a ., d. '‘ c.. , t .. maximum of 64 adult dogs and r Z.r act c n ,. c Ct nredr. dta 120 puppies SIZE OF PARCEL: 4.04 VII', e r : e a acres, more or Mr _r 1:,, Fr•' e I c f f Fxilure to abide by the f'';':- r . - I r :. ,a r! En: 1 terms end conditions of approval will result In a forfeiture of the vested property right BOARD OF b COUNTY COMMISSIONERS WELD COUNTY, COLORADO /I BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER - —12721- AND CLERK TO THE BOARD I,. ... BY: Mary Reiff, Deputy MI MS le(r:aMwv■h Her- > f tuff r4 WV atshit. • � e it.ire I ubl,: FIRST BANK 605 4th Street _ Fort Lupton, Colorado 806Zk le r'u'n n L rTh l N„.--.�—'„� 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 Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 88-19 Judy Oakley 12236 Weld County Road 18 Fort Lupton, Colorado 80621 DATE: May 18, 1988 TIME: 2:00 P.M. REQUEST: Site Specific Development Plan and Special Review Permit - Kennel (64 adult dogs and 120 puppies) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the NWi of Section 30, Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado; the east 4.94 acres of Lot 2, Lupton Meadows Land Company Subdivision, Weld County, Colorado LOCATION: Approximately one mile north of the City of Fort Lupton 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 27, 1988 880353 PUBLISHED: May 5, 1988, in the Platteville Herald DATE: April 27, 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 hearing for the 18th day of May, 1988 , at 2 :00 P.M. Docket No. 88-19 - USR-Kennel (64 adult dogs and 120 puppies) in the A-Agricultural Zone District, Judy Oakley OFFICE OF THE CLE TO THE BOARD BY: 56 i 2 Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above . BOARD OF COUNTY COMMISSIONERS WELLDDj�COU�NTY, COLORADO ,eal(/it / Y7 k DO it 88033.9 jxn/B&T 71 Summary of the Weld County Planning Commission April in, 1988 Page 6 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ivan Gosnell - yes; Bud Halldorson - yes; LeAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver - Yes, but only because there has already been a business at this site. Lynn Brown - yes; Ann Garrison - yes. Motion carried unanimously. CASE NUMBER: USR-828 APPLICANT: Judy Oakley REQUEST: A Site Specific Development Plan and a Special Review permit for a kennel (64 dogs) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NWi of Section 30, T2N, R66W of the 6th P.M. , Weld County, Colorado; the east 4 .94 acres of Lot 2, Lupton Meadows Land Company, Weld County, Colorado LOCATION: Approximately 1 mile north of the City of Fort Lupton. APPEARANCE: Judy Oakley, property owner and applicant. Her kennel is pre—existing and this request is an attemp to rectify a violation against the property. -The kernels will he built according to the Colorado Kennel requirement specifications. The Chairman asked the applicant if she had reviewed the recommendation, conditions, and development standards as outlined by the Department of Planning Services' staff. She stated she has and does not feel 64 dogs, including puppies, is adequate for her operation. Tape 319 AMENDMENT: Lynn Brown moved the last sentence of Development Standard (;1 be amended to read. . ;The maximum number of dogs on the site shall not exceed 250 including puppies. 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 Haildorson - no; LeAnn Reid - no; Louis Rademacher - no; Paulette Weaver - no; Lynn Brown - yes; Ann Garrison - no. Motion is denied with two voting for the motion and five voting against the motion. // 8,80353 XN/H�Tc Summary of the Weld County Planning Commission April 19, 1988 Page 7 AMENDMENT: Lynn Brown moved the last sentence of Development Standard Ill be amended to read. . .The maximum number of dogs on the site shall not exceed 64 adult dogs and 120 puppies. If at any time the amount of puppies exceed 120, the shall have six weeks to bring the property into conformance. Motion seconded by Ivan Gosnell. 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 Ealldorson - yes; LeAnn Reid - Yes, but with reservations; Louis Rademacher - yes; Paulette Weaver - no; Lynn Brown - yes; Ann Garrison - yes. Motion carried with six voting for the motion and one voting against the motion. AMENDMENT: Lynn Brown moved Development Standard #2 he amended to read as follows: . . .The property owner and/or operator ll comply with Section 6 CCR 1009-5 pertaining to pet animals, pet shops, and boarding kennels. Motion seconded by Ivan Gosn.ell. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members s of the Planning Commission for their decision. Ivan Cosnell - yes; LeAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver - yes; Lynn Brown - yes; Ann Garrison - yes. Motion carried unanimously. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked that the reccrmendations, conditions, and Development Standards as outlined by the Department of Planning Services' staff be filed with the summary as a pexr:anent record of these proceedings. 880353 Summary of the Weld County Planning Commission April 19, 1988 Page 8 MOTION: Ivan Gosnell moved Case Number USR-828 for Judy Oakley for a Site Specific Development Plan and a Special Review permit for a kennel for 64 adult dogs and 120 puppies be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation and conditions as set forth by the Department of Planning Services staff, the Development Standards as amended by the Planning Commission and the testimony heard by the members of the Planning Commission . Notion 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 Halldorson - no; LeAnn Reid - no; Louis Rademacher - yes; Paulette Weaver - no; Lynn Brown - yes; Ann Garrison - yes. Notion carried with four voting for the motion and three voting against the motion. CASE NUNBER: USR-829 APPLICANT: Robert and Rita Wise REQUEST: A Site Specific Development Plan and a Special Review Permit for a home business (Stained Glass Production) located in the A (Agricultural) zone district . LEGAL DESCRIPTION: Part of the SE$ of Section 34, T7N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 .5 miles west of the Town of Eaton, north of Weld County Road 74, and west of Weld County Road 33. APPEARANCE: Robert Wise, property owner and applicant, explained they want to relocated their existing stained glass facility at this site. They do not plan to expand much more than they already have. He explained the nature of their business and the reason there will be no increase in traffic . -The Chairman called for discussion from the members of the audience. There was none. The Chairman asked Yr. Wise if he had reviewed the staff's recommendations, conditions, and Development Standards? Fe stated he has and has no objection to them. He will confer with the Weld County Health Department concerning his questions regarding the septic system. 880333 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ivan Gosnell that the following resolution be "'iritrbduced `for '- passage by the Weld County Planning Commission. Be it ReE&Ived by the Weld County Planning Commission that the application for: CASE NUMBER: USR-828 1 APR 2 0 1988 NAME: Judy Oakley _471111 GRE:cL@N. COLO, ADDRESS: 12236 Weld County Road 18, Fort Lupton, CO 80632 REQUEST: A Site Specific Development Plan and a Special Review Permit for a kennel (64 adult dogs and 120 puppies) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NWI of Section 30, T2N, R66W of the 6th P.M. , Weld County, Colorado; the east 4.94 acres of Lot 2, Lupton Meadows Land Company Subdivision, Weld County, Colorado LOCATION: Approximately 1 mile north of the City of Fort Lupton. be recommended favorably to the Board of County Commissioners 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 Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is located in the urban growth boundary area of the City of Fort Lupton and is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies. The City of Fort Lupton has stated they have no objections to this proposal because the proposal is outside of their master plan area. - This proposal is consistent with the intent of the A (Agricultural) zone district and is provided for as a Use by Special Review. - The uses which would be permitted on the property will be compatible with the existing surrounding land uses which include pasture, greenhouses, oil and gas production, and two residences. The use of the property is compatible with the future development of the surrounding area as permitted by the A (Agricultural) zone district. ss0353 IL XH/SiT 29 Judy Oakley USR-828 Page 2 - The proposed site is located in the Flood Hazard Overlay District area. Special Review permit conditions of approval address this concern. - No overlay districts affect the site. - 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. A Flood Hazard Development Permit shall be required for any new construction or the substantial improvement of existing structures located in the Floodway or Floodprone District on the property. 4. Within 30 days of approval by the Board of County Commissioners: a) A boarding kennel application and plan review form shall be completed by the applicant and approved by the Weld County Health Department. b) The application materials shall be amended to show the well or cistern as a legal, commercial source of water for the kennel operation. 5. Prior to recording, the Special Review plat shall be amended to show the correct number and sizes of the proposed kennel facilities Motion seconded by Lynn Brown. F30333 S Judy Oakley USR-828 Page 3 VOTE: For Passage Against Passage Ivan Gosnell Bud Halldorson Louis Rademacher LeAnn Reid Lynn Brown Paulette Weaver 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 on April 19, 1988, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 20th day of April, 1988. Bobbie Good Secretary 880353 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Judy Oakley USR-828 1 . The Special Review permit is for a kennel in the A (Agricultural) zone district 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 on the site shall not exceed sixty-four (64) adult dogs and 120 puppies. If at any time the amount of puppies exceed 120, the applicant shall have six weeks to bring the property into conformance. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. The property owner and/or operator shall comply with Section 6 CCR 1009-5 pertaining to pet animals, pet shops and boarding kennels. 3. Animal wastes shall be disposed of in a manner which will not cause a public health nuisance. 4. Quarterly samples of water from the cistern shall be tested to assure potability, and the results shall be provided to the Weld County Health Department. 5. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A) as measured according to C.R.S. 25-12-102. 6. -Animal wastes shall -be removed from primary enclosures daily or as often as necessary to prevent contamination of the animals contained therein and to reduce disease hazards and odors. 7. The method for final disposal of all wastes shall be in accordance with the Weld County Health Department. 8. Potable water shall be provided in adequate amounts and shall be free from contamination. 9. The water source for the kennel operation shall be a cistern filled with a legal, commercial source of water or a well permitted by the Division of Water Resources or approved by the Division I Water Court to include the kennel facilities. In the absence of such approval, the well on the property may only be used for domestic purposes. 10. Exercise areas shall be of sufficient size to allow any dog to break into a run. 11 . The portion of the site which is not used for the kennel operation or the residence shall be covered with grass and shrubs. 88€353 Judy Oakley USR-828 Page 2 12. The Special Review permit shall not be transferable to any successors in the interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. 13. All construction on the property shall be in conformance with the Weld County Building Code Ordinance. 14. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 15. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 16. 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. 17. 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. 18. 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. 580333 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number USR-828 Submitted or Prepared Prior to Hearing At Hearing 1. Application 17 Pages X 2. One Applicant plat1 page X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. Three DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11 . Colorado Department of Health Publication X Pet Animals, Pet Shops, and Boarding Kennels 12. Referral from Platte Valley Soil Conservation X Service 13. Referral from Humane Society X 14. Referral from Division of Water Resources X 15. Planning Commission member field check X 16. April 18, 1988, addition to application from X Judy Oakley 17. Letter of objection and map from Michael Brackney X 18. Additional condition of approval #5 X I hereby certify that the 18 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on April 20, 1988. Of.,-)&69P9 nt Planner STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS 20 day of °li \ 19%% . SEAL pppppp \\ \\ 9\ .taSStkQ. OON. NOT A Y PUBLIC My Commission Expires "'+ 8P xais.r H / / EXHIBIT INVENTORY CONTROL SHEET U Case f 1PcZoiC('Lr% Exhibit Submitted By Exhibit Description 5/11 B. ,i�.1�J�,Lu�-iJ on 7?i �v,('/C7'i'✓?J.'ai ion E. (.C�+��/ '%zri'a< ��y, / /,c..2 F. C. H. I. J. K. L. M. N. 0. Date: April 19, 1988 CASE NUMBER: LTSR-828 MANE: Judy Oakley ADDRESS: 12226 Tkeld County Road 18, Fort Lupton, CO 80621 REQUEST: A Site Specific Development Plan and a Special Review Permit for a kennel (64 dogs) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NVi of Section 30, T2N, R66W of the 6th P.M. , Weld County, Colorado; the east 4 .94 acres of Lot 2, Lupton Meadows Land Company Subdivision, Weld County, Colorado LOCATION: Approximately 1 mile north of the City of Fort Lupton . TEE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS TEAT THIS REQUEST 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 Crdinance . 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 Crdinance as follows: - This proposal is located in the urban growth boundary area of the City of Fort Lupton and is consistent with the Veld County Comprehensive Flan 's Urban Growth pcundary Area Goals and Policies. The City of Fort Lupton has stated they have no objections to this proposal because the proposal is outside of their _master plan area . - This proposal is consistent with the intent of the A (Agricultural) zone district and is provided for as a Use by Special Review. - The uses which would be permitted on the property will be compatible with the existing surrounding land uses which include pasture, greenhouses, oil and gas production, and two residences . The use of the property Is compatible with the future development of the surrcurdirg area es permitted by the A (agricultural) sore district . - The proposed site is located in the Flood Hazard Overlay District area. Special Review permit conditions of approval address this concern. - No overlay districts affect the site. 880353 Reecmmendat;.on Judy Oakley PSR-828 Page Special Review Development Standards will provide cdequate protection of the health, safety and welfare of the neighborhood end County. This recommendation is based , in part, upon a review of the application submitted by the applicant, other relevert information regarding the request, and the responses of the referral entities which have reviewed this request. 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 . ^. The Special Review activity shall not occur nor -shall any building or electrical. permits be issued on the property until the Special Peview 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. A Flood Fazard Development Permit shall be required for any new constructior ci the substantial improvement of eyieting structures located in the Flcodway or Fioodprcne District on the property. 4. -Within -30 days of approval by the Board of County Commissioners: a) A boarding. kennel application and plan review form shall be completed by - the applicant and approved by the Weld County Health Department. b) The application-materials shall he amended to show the well or cistern as a legal, commercial source of water for the kennel operation. 880353 LAND-USE APPLICATION SUMMARY SHEET Date: April 12, 1988 CASE NUMBER: USR-828 NAME: Judy Oakley ADDRESS: 12236 Weld County Road 18, Fort Lupton, CO 80621 REQUEST: A Site Specific Development Plan and a Special Review Permit for a kennel (64 dogs) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NW} of Section 30, T2N, R66W; the east 4.94 acres of Lot 2, Lupton Meadow Land Company, Weld County, Colorado LOCATION: Approximately 1 mile north of the City of Fort Lupton. SIZE OF PARCEL: 4.94 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criterion for review of the Use by Special Review proposal is listed in Section 24 .3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the following referral entities: - Weld County Health Department - Platte Valley Soil Conservation District - Humane Society of Weld County - State Engineers Office, Division of Water Resources Copies of these referral responses are included in this summary packet. The Weld County Engineering Department, City of Fort Lupton, USDA-APHIS Veterinary Services Division, and Fort Lupton Fire Protection District have responded that they have no objections to this proposal. 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' I "l!A [ 1: 1fi,y •a '_-+R ''n?� n,r �V - i l FIELD CHECK FILING NUMBER: USR-828 DATE OF INSPECTION: April 1, 1988 NAME: Judy Oakley REQUEST: Site Specific Development Plan and Special Review Permit for a kennel (64 dogs) in the A (Agricultural) zone district . LEGAL DESCRIPTION: Part of the NW} of Section 30, T2N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: On the south side of Weld County Road 18, approximately .75 miles west of Highway 85. LAND USE: N Weld County Road 18, pasture, nursery, oil and gas production E Pasture, one residence, oil and gas production, horses S Row crops W Greenhouses, one residence ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The Meadow Island Ditch runs through the south end of the property. One mobile home and some chain link enclosed kennel areas exist on the lot. The portion of the property with no structures is currently in natural vegetation. The topography on this parcel is higher at the north and south ends. Flood Hazard Development Permit 89 was issued in 1986 for the area where the mobile home is. The entire parcel is in the 100 year flood plain according to the Flood Insurance Rate Maps. Access to this property is from Weld County Road 18, which is a paved road. n—if1 i Pif Awl-n A- �'-'---J (Al J. ( a son Current Planner 3 REFERRAL LIST APPLICANT: Judy Oakley CASE NUMBER: USR-828 SENT REFERRALS OUT: ci-Ad26 REFERRALS TO BE RECEIVED BY: March 31, 1988 NO SR NR NO SR NR X Weld County Health Dept. ✓ X Engineering Department X State Engineer Division of Water Resources 1313 Sherman St . , Room 818 Denver, CO 80203 X City of Fort Lupton r c/o Bob Crumb P.O. Box 148 Fort Lupton, CO 80621 X USDA — APHIS - c jt-ot o,J- Veterinary Services 3-30, ee Room 237 2490 West 26th Avenue Denver, CO 80211 / X LeAnn Reid Planning Commission Member 7830 Weld County Road 81 Roggen, CO 80652 J X Platte Valley Soil Conservation District / 60 South 27th Avenue Brighton, CO 80601 X Fort Lupton Fire District it Fire Marshall Larry Richardson 1121 Denver Avenue Fort Lupton, CO 80621 X Humane Society of Weld County 23200 Highway 263 Greeley, CO 80631 NO=No Objection SR=Specific Recommendations NR=No Response cpC3-3 faCif1wi . \ Weld County Planning March 21, 1988 To Date COLORAEO Health Protection Services weizai Case Number: USR-828 Name: Oakley, Judy 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 construction commences. 2. The septic system is to be engineered specifically for the kennel operation by a registered professional engineer. 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. 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. 6. Animal wastes shall be disposed of in such a manner as not to cause a public health nuisance. Colorado Health Department Regulations specifically exempt greyhound kennels from compliance monitoring by this Department. You may wish to contact the Colorado Racing Commission to determine if there are any concerns they have with the proposed application. LVID1, 2JAW)Filil I APR 1 1988 eId CO, *rag Li;A CJi' iw 880-139 /pc , rr _ DEPA RT h,� T CAF PLANNING SERVICES 1 I �„ �,l cr��',��'j�1� ,��1 PHONE(303)356-4000 EXT.4400 '� �� i� � iI` i /• `� 915 10th STREET N I t � 'L:LI 0 . IgAp GREELEY,COLORADO 80631 ik. K a: O w , :•:,e CASE NUMBER USR-828 COLORADO March 16, 1988 TO WHOM IT MAY CONCERN: Enclosed is an application from Judy Oakley for a Site Specific Development Plan and Special Review Permit for a kennel (64 dogs) in the A (Agricultural) zone district. The parcel of land is described as part of the NW} of Section 30, T2N, R66W of the 6th P.M. , Weld County, Colorado, (The east 4 .94 acres of Lot 2, Lupton Meadows Land Company) . The location of the parcel of land for which this application has been submitted is approximately 1 mile north of the City -of Fort Lupton. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by March 31, 1988, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1 . We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/ia not) compatible with the interests of our town for the following reasons: 3 . v/-- We have reviewed the proposal and find no conflicts// with our interests Lit 4pests 21 ac in is /on rt. "/ei2 /j ri, rhofie0k't- u1D2i dese'yn P2auid,h y Gat Raitej 4Aea %7 q.eecf r-sl4awbs . 4. A formal recommencetion is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: (/)/•". .rlir (11012, l7 Agency: �!/, c:✓.(tit!l' — 4, le: /�l/'11O X 2 Date: Z/'`, s,/(1 880"3"33 DEPARTS JT OF PLANING SERVICE( si, • „ s PHONE(303)356-4000 4400 (=--fr- 9-4 10th STREET H it 2li c,p,c, ,11,. 4 GREELEY,COLORADO 80631 b fl t I�j f'_ _1..i/ I V MAR 31 1983 A s4 0 ,;std CtL "hr7.w . • :=Tsia: a c'pf,",', � _ $ CASE NUMBER USR-828 COLORADO March 16, 1988 TO WHOM IT MAY CONCERN: Enclosed is an application from Judy Oakley for a Site Specific Development Plan and Special Review Permit for a kennel (64 dogs) in the A (Agricultural) zone district. The parcel of land is described as part of the NW} of Section 30, T2N, R66W of the 6th P.M. , Weld County, Colorado, (The east 4 .94 acres of Lot 2, Lupton Meadows Land Company) . The location of the parcel of land for which this application has been submitted is approximately 1 mile north of the City of Fort Lupton. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by March 31, 1988, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1 . We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: ( . `,<-° — S? ACCk Agency: "2„14_,,,„-,, � c- : >?l!, ct i(',_t'c/' Date: > 3/ SS R� ` .J3 UHANE SOCIETY OF WELD COUNTY ' ANL..,L CONTROL OFFICER'S INVEST IGATI.... REPORT e1 ,, v,O4-atef.s Name ,L.,0.d f--ce1,L„ Phone %, S,(�O �. hone �> S / - 2 � Address 7•.i 2 r Li. C.R I- city-_TT ; , :X i Alleged-Viv}athn, (`f-\c,- ./' Irt1 , 4 ,�l`.,'r.a- ,�-trl., "!�C-" 1_-- p-,., ( 7 Complaining Party's Name /1“-L .-_.u--.c- w7 .( c-,- q Phone Address 1 d City Investigating Officer (i°-, G-L, '1),1)(..1.“.. Intake no. Date -? - ? ^ - S'1' Report of Investigation: (4-,-, ? - 3C -J/c/ .y [ �L i .(1`/(i`„✓, /x.7.O_ ,, / 7 i (•� �f Lam-�, /Q i'E IL,',/ L.7 i , f �../5' /• _— .�[I . /;' i ,- ✓l d' AC C.ti/' --�rx c' / ,CT.9 �-c ri - ✓t cLv,i (,f ! (N, — , .,.-, el A.,t j- <. U DA t i- ..,7'1 •— , i./ ; -iwe 7 (4) 11 %1--‘ ,-.5--7-,,---- z_-r.df (- ./ .r,,/! . .. yda i c i fit a _G.,,vr v (e- .�-�. 2 O :12 Lit 4 ie 14 . ( -C -4-_ .' U, 'Y . _,'1 ^, o ( r 1( CT[ 4/YLl J .L -�/ L / / =�la-Le._ '''�f/ _ , </.�:�.. ., '( F-., , -,.—of -f . : i f- \a / c— iii 1 h &i _ Lc_- ,'(71 -1 _ .(7A-04)L- _ tc--'‹ C 7.4 J n4 ,t.i P (it La.,TA. Ln..' HUMANE SOCIETY OF WELD COUNTY A.C.O. INVESTIGATIVE REPORT (CONE.) Alleged Violator's Name l)/, A Li(. Page . of ,iC�C l -'�-� a��-.:.J ,✓_,� L.-pi C-Lu-L ^e 6'- , /t 4. -C C A-Qi i t . -.,.� l / iiiL Z�4r-vr `Cdr A 9u -, .z, -C Z .,(A,��-,.� r L. Z��- — rte-.�-- CV G _ham / t71-'1n -L7 '' � . . 7,.-7 l' <n --1 Ac .�// � L HUMANE SOCIETY OF WELD COUNTY A.C.O. INVESTIGATIVE REPORT qq (CONT.) Alleged Violator's Name ./1,,A &4, Page of Pao pr _5 � 0 F�c- ; L ; 7"y . Y ' cJi , it Ran t i I � I 3;2 r !U ,— s / 0( �iIS G I 4-' I rc� l side Rc� �, rs I S' cLRReli-T Ft? c : Li.Tics N/ fRP iL-C' H e s 11.Ne9z Peal • 70' (,v 1STekngr Stied !RIA it n � y, C r- - - - - W/ I • , /pcv ' i U a1S' Pe ,l ; 2e ttils ;d � - Fa.n C- 30' I - • 13ac1S cf /-oT 8805` 3 • ( HUMANE SOCIETY OF WELD COUNTY A.C.O. INVESTIGATIVE REPORT (CO'v?.) Alleged Violator's Name 214 (4: Page .1 of L (' C-i l�•c / l hp to, :Cc .A14evt-TA.. CF net, .A.L'-W, ,q y� CC.,CQ Ell ./' J.l! /C'�'-CA'.!_�.. CLm.r'1 ,Li-P_Y _!.'P file a (; f i ,l � F2.C-�^! ( .„/ 6: c2? TP '!'♦ �i, C-' :?l z 1' [n-1 - �. 7 • C 88 ..355 of ROY ROMER p`• 9d\ JERIS A. DANIELSON O'. Governor State Engineer *1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 April 1, 1988 Ms. Lanell J. Swanson: Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Oakley Site Plan, USR-828 NW1/4, Sec. 30, T2N, R66W Dear Ms. Swanson: We Have reviewed the above referenced proposal to use a 4.94 acre for a dog kennel (up to 64 dogs) . There is an existing house and well on the property (Well Permit No. 142715) . This well is permitted for in-house-use only and, therefore, could not be used in the kennel operation. The applicant proposes to use a 2,000 gallon cistern for the water source to the kennel . No information was submitted concerning source of water to fill the cistern. As long as the water supply for the cistern is a source which is decreed for this commercial use, we have no objections to this proposal . Sincerely, Hal D. Simpson, P.E. Deputy State Engineer HDS/JCM:4269I cc: Steve Lautenschlager j\f APR 8 1988 U Weld Co. Plammmf animism, E/n;%" '/" <-'-7 P DEPART NT OF PLANNING SERVICES s` PHONE(303)3564000 EXT. 4400 ,A b�Jr. k t 915 10th STREET peli �Y� y GREELEY,COLORADO 80631 A � E .w r� •. a,. C t x 4+^ ;,,_, .• CASE NUMBER USR-828 COLORADO March 16, 1988 TO WHOM IT MAY CONCERN: Enclosed is an application from Judy Oakley for a Site Specific Development Plan and Special Review Permit for a kennel (64 dogs) in the A (Agricultural) zone district. The parcel of land is described as part of the NW} of Section 30, T2N, R66W of the 6th P.M. , Weld County, Colorado, (The east 4 .94 acres of Lot 2, Lupton Meadows Land Company) . The location of the parcel of land for which this application has been submitted is approximately 1 mile north of the City of Fort Lupton. . This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by March 31, 1988, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1 . N'/ We have reviewed this request and find that the request C (does/does not) comply with our Comprehensive Plan vi----; J for the fb-II"owing reasons. L-1 i s -c n szl zv u .a We do not have a Comprehensive Plan, but we feel this request ,0 nJ (is/is not) compatible with the interests of our co G, town for the following reasons: a 0 �. We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter./Signed: _ 2is ( .iii,'._._ 7-)--t.._; L; , Agency: r':;�.�'kU1 14-1r 4)Li4Cn1 J Date: - Q1 - e„e,er— C FIELD CHECK Filing Number: USR-828 Date of Inspection: .3 - Ai- Applicant's Name: Judy Oakley Request: A Site Specific Development Plan and Special Review Permit for a kennel (64 dogs) in the A (Agricultural) tone district. Legal Description: Part of the NWi of Section 30, T2N, R66W of the 6th P.M. , Weld County, Colorado, (The east 4.94 acres of Lot 2, Lupton Meadow Land Company) . Location: Approximately 1 mile north of the City of Fort Lupton. Land Use: N 54D'/2 E •..:( ((J2 , 1ns1-111/44' :1 v / i S X11/4.s :,)Lei ,16,1',///22,1 L' �/ W Zoning: N ji iii?/1i ',S41 S,-L^/2L.,'LJ -11) COMMENTS: vl Lef 1:1 (yy gip /!j/,tftt / � ( /tt&) TI—Lit Signature of Board! Member 884)359 AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO 1 ss • COUNTY OF WELD 1 I, Clyde Briggs, do solemnly swear that I am publisher of The Johnstown Breeze; NOTICE OF PUBLIC HEARING that the same is a weekly newspaper printed, in whole or in part, and published T on ne Weld County Planning 9 1988.C t ? in the County of Weld, State of Colorado, mission will hold a public hearing that Tuesday,for April ,s, oseat and has a general circulation therein; 1:30 pm. the purpose of - said newspaper has been published considering a Site Specific Development Plan and gibed continuously and uninterruptedly in said Review Permit for the properly 'I County of Weld for a period of more than and' ffie— purpose described below.pursuant sua t of the request ( fifty-two consecutive weeks prior to the may create a vested property y y right to Colorado Law. .� first publication of the annexed legal notice APPLICANT: J W Oakl@y or advertisement; that said newspaper has been admitted to the United States mails as LEGAL DESCRIPTION: Part of the NW'/. of Section 30, Te �I second-class matter under the provisions of R66W of the 6th P.M, Weld ld l the Act of March S, 1879, or ally• County, Colorado I amendments thereof, and that said dogs AND INTENSITY OF pap er is a weekly newspaper duly PROPOSED USE: A kennel (64 L news dogs) in the A(Agricultural) zone qualified for publishing legal notices and district qualified within the meaning of the LOCATION:Approximately mile laws of the State of Colorado. north of the City of Fort Lupton. SIZE 4.94 Acres, more or less That the annexed legal notice or advertise- ment was published In the regular and TAME: 1 30l p19,m 1988 • entire issue of every number of said weekly TIME ,3o p.m. newspaper for the period of consecu• The public hearing wills held in I live insertions; and that the first the Weld County Commissioners' publication of said notice was in the issue of Tearing Room, First , orl Weld d - • p e-'• A.D. 15.T�K County Centennial Center, 915 said newspaper lla it'd./i'k Tenth Street, Greeley, Colorado. • y and that the last publication of said notice Comments or objections related to the above request should be was in the issue of said newspaper dated County teD in writing t of Pl Weld �y,,!✓ A.D. 19.�'. rvc ,915 Tenth tr et, oing Services,Greeley, Tenth Street,Room t . In witness whe eof I have hereunto set 342, Greeley, Colorado 80631, I.„• before the above date or pre- my hand this day rented the public hearing on A.D. 19�a�% April 19, 1988. Copies of the application are ��✓//1y � available for public inspection in C//J the Department of , Weltl Publisher Services, Room 342, 75 County Centennial Center, 915 Tenth Street. Greeley. Colorado ' Subscribed and sworn to before me, a Notary Public in and for the County of Weld,State of Colorado this .,7/.... day of ./.7)Lt.vP... A.D. 19 .44... i yY 4-1.4..4:.:./Z4''K t 'uba-.. Notary Public. Mycommission expires ....................... /.,,has ov,m,CO -. ..34 SURROUNDING PROPERTY OWNERS JUDY OAKLEY USR-828 Billy J. Watkins 16300 Yosemite Brighton, CO 80601 Edmundson, Incorporated 469 Oswego Court Aurora, CO 80010 Welco Venture 288 Clayton Street, #100 Denver, CO 80206 Gary A. and Karen T. Cleaveland Michael K. and Florence 14. Brackney 12206 Weld County Road 18 Fort Lupton, CO 80621 880233 • SURROUNDING MINERAL OWNERS JUDY OAKLEY USR-828 Billy Watkins 16300 Yosemite Brighton, CO 80601 •f swan=_ 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 aaaa.aa6ae=aaeaaaama6==6666====aa========...aa 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: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: /(Al//gr/. Section 30 T .2 N, R 66 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W Property Addre fts�(if avai able) 12916 WP1 d flonnty Rnad 18 Fja t Lu ton PRESENT ZONE (, Y E r �> OVERLAY ZONES 5) 66,1 i :Yl \' ( TOTAL ACREAGE 9 PROPOSED LAND S private kennel EXISTING LAND USE pprcnnal hnme prnpPrty SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: indy flalelay Address: 1721A Wpla rnnnty Road 1A City Fort Lupton. Zip Home Telephone A A57_4n1a Business Telephone # n/a Name: Address: City Zip Home Telephone 9 Business Telephone A APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: same as above Address: City Zip Home Telephone $ Business Telephone 9 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Billy Warkins 16100 Yosemite. Brighton. CO 80601 Address: City Zip 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 WELD ) / ?/ STATE OF COLORADO ) J 7/' ' °��nCR0...... (C 7 nature' er Authorized A t �,'e M tribed and sworn to be for this `1 ay of -r / ({�/l�/ 19 �'j '•.• o~ : Y PUBLIC tTE•OFco� #''•'My.,codimission expires Asa/ 5i /990 APPLICATION REQUIREMENTS FOR OAKLEY KENNEL USE BY SPECIAL REVIEW KENNEL The application requirements are outlined in section 24 . 7 of the Weld County Zoning Ordinance . The following Items shall be submitted with an application for a use by special review permit : 1 . A completed application form. (See attached) — USR Application . 2. A detailed description of the proposed operation and use shall be supplied. Details for the following Items when applicable , are required . a . Explain proposed use— The purpose of the Oakley Kennel is to provide a means of livelihood for the Oakley family . b. Explain need for use— To provide housing and runs for the Oakley dogs . c . Explain the types of existing uses on surrounding properties . Existing use of surrounding properties is agricultural . d. The distance of the proposed use to residential structures in each direction— The distances from the Kennel to inhabited residential structures In each direction Is as follows : Northeast— 500 feet North— 400 feet Northwest— 500 feet Southeast-1500 feet e. The maximum number of users , patrons , members , and buyers— Buyers usually come one at a time . f . The number of employees , number of shifts , and hours of operation— The Kennel is a family run operation , there are three persons in the family . g. The type of water source for the proposed use- 880353 The existing well will provide the maximum use of 64 gallons of water per day . h . Explain the access route ( s ) to be utilized for the proposed use— Weld County Road No. 18 will be used for access . i . Explain type , size, weight and frequency of vehicular traffic associated with the proposed use— There will be no extra traffic associated with the Kennel . J . The type of sewage facilities for the proposed use— There is an existing septic system for the home . The dog manure will be picked up and hauled from the site . k . A description of the proposed fire protection measures associated with the proposed use— There will be no fire protection measures associated with the proposed use . I . The type and maximum number of animals to be concentrated on the Use by Special Review area at any one time- There will be a maximum of 64 adult dogs at the Kennel at one time . m. The type and size of any waste, stockpile or storage areas associated with the proposed use . The manure from the dogs will be stockpiled and hauled away monthly . n . Type of storm water retention facilities associated with the proposed use— There will be very little additional storm water generated by this facility . o. The schedule and method of removal and disposal of debris , junk and other wastes associated with the proposed use— There will be no debris , Junk and other wastes associated with this use . p. Explain proposed landscaping plans and erosion 880353 control measures associated with the proposed use— Trees are planned for landscaping along the west fence . q . A timetable showing the periods of time required for construction and start—up of the proposed use— It is planned to start with 16 runs and to expand to 32 runs over the next 3 years . 3 . The following written materials and supporting documents shall be submitted as a part of the application . a. A statement explaining how the proposal is consistent with the Weld County Comprehensive Plan— The proposed use is an agricultural use in an agricultural area . b . A statement explaining how the proposal is consistent with the intent of the district in which the use is located. Kennels are allowed in an agricultural district . c . If applicable, a statement explaining what efforts have been made , in the location decision for the proposed use , to conserve productive agricultural land in the agricultural zone district . The Loup—Boel soils of this site are poor farm land and are mainly used as rangeland. d . A statement explaining there is adequate provision for the protection of the health , safety and welfare of the inhabitants of the neighborhood and the county . There will be a 6 foot high wood fence constructed around the perimeter of the Kennel area . e. A statement explaining the uses permitted will be compatible with the existing surrounding land uses ( include a description of existing land uses of all properties adjacent to the property) . The land to the west is a greenhouse , the lad to the south is farm land , the land to the east is pasture . f . A statement explaining the proposed use will be compatible with future development of the surrounding area as permitted by the existing zone and with future development as projected by the comprehensive plan of the county or the adopted master plans of 880358 affected municipalities . The area will remain agricultural and is projected to be agricultural in the future . g. A statement explaining the use by special review area is not located in a flood plain , geologic hazard and Weld County Airport overlay district area ; or that the application complies with section fifty (50) , overlay district regulations as outlined in the Weld County Zoning Ordinance . The Kennel area Iles above the 100 year flood plain and does not Ile in any of the other zones . h . Proof that a water supply will be available which is adequate in terms of quantity , quality , and dependability ( e . g. , a well permit or letter from a water district ) . There is a well permit attached to this application . i . A copy of the deed or legal instrument identifying the applicant ( s ) interest in the property under consideration . A deed to the property is attached to this application . j . A noise report , unless waived by the Department of Planning Services , documenting the methods to be utilized to meet the applicable noise standards . The noise from this development will be minimized by the 6 foot wood fence around the perimeter of the Kennel , the trees along the west line and the debarking of the dogs . k . Asoll report of the site prepared by the Soil Conservation Service or by a soils engineer or scientist . A soils map and a soils description prepared by the Soil Conservation Service is attached. I . A certified 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 . A certified list of the names , and addresses Is attached . m. A certified list of the names and addresses of 88V53 mineral owners and lessees of mineral owners on or under the parcel of land being considered. A certified list of the mineral owners is attached . 880353 WRJ.5•Re.. 76 COLORADO DIVISION OF WATER RESOURCES RECEIVED - -=- , 818 Centennial Bldg., 1313 Sherman St., Denver,Colorado 80203 Ja`d 1 0 ':_'3€ PERMIT APPLICATION FORM Application must .lAf€a EE'01:ac:o be complete where 1 I A PERMIT TO USE GROUND WATER :TAE EivcmEa ' applicable. Type or >4}+a PERMIT TO CONSTRUCT A WELL COLO. print in BLACK - FOR: 1 I A PERMIT TO INSTALL A PUMP INK.No overstrikes or erasures unless ( ) REPLACEMENT FOR NO. • initialed. • ( I OTHER WATER COURT CASE NO. (1) APPLICANT - mailing address s/ FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN NAME /'1ILI A. elleI E(J Receipt No. •0/St:- s / STREET/di t( 1 `Of /4,2.--e=�J( 4a • Basin Din. CITY &00/&00/ Co UQvf/S ? (State) . (LW) CONDITIONS OF APPROVAL TELEPHONE NO. C7? 1 2 ICg '3 This well shall be used in such a way as to cause no material injury to existing water rights. The ' (2) LOCATION OF ROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water County tL, Qi� right from seeking relief in a civil court action. N ;,of the ill(.e_) % Section 4() 1) APPROVED PURSUANT TO CRS e '• 37-92-602 Twp. Cn _. W, Rng. d4 ill, P.M. (3)(b)(II) A§ THE ONLY WELL ON A RESI0ENTIAL tN.st (E.WI SITE OFV'•TheACRES DESCRIBED AS5e;a r • (3) WATER USE AND WELL DATA • fT7m / - f1 L --G A-/ 44750 L'-/`p7inJ . Proposed maximum pumping rate(gpm) / 2) THE USE OF GROUNDWATER FROM THIS WELL IS LIMITED TO ORDINARY HOUSEHOLD PURPOSES INSIDE A • Avenge annual amount of ground water SINGLE FAMILY DWELLING, AND SHALL NOT BE USED to be appropriated (acre-feet): [ OUTSIDE THE HOUSE FOR ANY PURPOSE. Number of acres to be irrigated: I - �J THE RETURN FLOW FROM THE USE OF THE WELL --NfUST BE THRU AN INDIVIDUAL WASTE WATER DISPOSAL Proposed total depth (feet): ""i�'" of0I0 SYSTEM OF THE NON - EVAPORATIVE TYPE WHERE THE Aquifer around water is to be obtained from WATER IS RETURNED TO THE SAME STREAM SYSTEM IN WHICH IHE wal is LOMT.EQ. • Tr..-}4 OF THIS WELT: SHALL NOT EXCEED 447, Owner's well designation ' "— WHICH cORRESPON3 TO THE BASE QF THE GROUND WATER TO BE USED FOR: . 4 fir-ra^n-z e #7 11/ 7s f"' i:,az'y ( ) HOUSEHOLD USE ONLY-no irrigation(0) . ztia �1 DOMESTIC(1) 1 I INDUSTRIAL 151 ( 1 LIVESTOCK (2) - • _ . ( , I IRRIGATION (6) n /`�_ ( I COMMERCIAL(a) • 1 ) MUNICIPAL (8) 0\MEN(�_y Cop 1 1 OTHER (91 • • APPLICATION APPROVED ��Y 444JJJ DETAIL THE USE ON BACK IN (11) 142715 PERMIT NUMBER r� p(4) DRILLER , H . JAN 301986 DATE ISSUED Name EXPIRATION DATE JAN 3 U 1988 Street G/f G d.r - !t City • !STAY E I EERI / N (State) (Zia) Bi 89(333' _ BY �3 Telephone No. Lic.No. I.D. I- tJn COUNTY 2 . (5) THE LOCATION OF T1' PROPOSED WELL and the area on which the water will be uses. ,i,st be-indicated on the diagram below. Is, distances WELL MUST on LOCATED liFlOW Use the CENTER SECT ION (1 section, 640 acres) for the well location. by from suction din.:;. ((// /on It. Irmo —((rl l _C .ltII ec. line I (rim in rii wislni !1---- (MILE,5280 FEET— —.y I _I3_.(1 1z1. from_____Lt r` t + sec. line ± -I . . '� . } ..I- • ( (east or wool I I y1 LOT _BLOCK FILING a __ I-I- — _I. — NORTH SECTION LINE I -- SUBDIVISION _ I (7) TRACT ON WHICH WELL WIL 3E .NORTH _ LOCATED -�''' L� //�) () �/ }'- 2 —. + — _ _ _I_ — _ m _� Owner' • ) (A ll'r ./.+_s-{.-_11C11L rDn i No.of acres—��4„�1�_�_ . Z: I ) h Will this lie i I rt' -_ rn thr only well on this tract? L -s'-•7 - I----I -(- — -I- I t- I I °z (8) PROPOSED CASING PROGRAM IPlain Casing Vif I I I 1�1 in. from 0 h. to t 5 (J h. ' ')-' .— -{- - 1. I _� in.from ft. to ft. ,,I . . . SOUTH SECTION LINE — —1- — I Perforated casing — �1_in. from ) C I • I h. (`9) FOR REPLACEMENT WELLS give distance • ..- -+— — + -- _L. + _ _ _I_ +.. _ I+ Will direction from old well aid plans for plugging it: . The scale of-the diagram is.2 inches= 1 mile NA Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-loot covets 1 acre of land I loot deep • -- • •1 cubic loot per second lets)...449 gallons per minute.lgprnl • A family of 5 will require ay --------------- Iacre•lool...43;60 cubic eer I'^ar325,900 gaacra.11ons.I water-per year. 1.000 gpm pumped continuously for one day-produces 4.42 acm-leer. _—"- (10) (_AND ON WHICH GROUND WATER WILL BE USES Ownerlsl:Z KL ; 2A �11J �. �/ non A 1 No. of acres: Legal description: JJ[!/t!e3! 1 .6hC'j —/w l!(..._ �a (�J (11) DETAILED D iC[j,(QTION. of the use of grow,d w-ter: Hou fjuld use ape caustic well;can'ljudicate type I dnpos ICn system to be used _r / f .. - .14.x e s?f .i! edi '/c.-1 e - i -- 2) 0'TT[' �i Eit f11 u _ �i..,; • Sed oR•this land, including wells. Give Registration and Water Court Case Numbers. y gds r r YPe or,ri 1 f I �� : Used for (purpose) Description of land on which used N / A 1 i. , -(13) HE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRH E TO THE B •T OF KNO L GE. TURF OF PH ANTIS) ///////4947. 1./.., • ^yMto153 • • N� Usti additional shoots of paper if more space is required. .,c2060213 B 1119 REC 02060213 07/09/86 16: 27 $3.00 1/001 F 0668 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WARRANTY DEED THIS DEED, Made this 30th day of June , 19 86 between BILLY J. WATKINS as debtor in possession • aursuantr to order of the United States Bankruptcy Court 'or the District of Colorado recorded in Book 1112 Reception No. 2053089, Weld County Records, of the *County of Adams and State of Colorado, grantor,and Stuta Documentary Fee JUDY A. OAKLEY and JOHN E. MYERS ( $ SQ whose legal address is 12236 WCR 18, Ft. Lupton, Co. 80621 • of the County of Weld and State of Colorado, grantees: WITNESS,that the grantor, for and In consideration of the sum of DOLLARS, FIFTEEN THOUSAND and 00/100 i the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm unto the grantees,their heirs and assigns forever,not in tenancy in common but in joint tenancy, • all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado,described as follows: • The East 4.94 acres of Lot 2 of Section 30, in Township 2 North, of Range 66 West of the 6th P.M. , according to the Division No. 3 Plat of the Lupton Meadows Land Company; EXCEPTING a strip of land as conveyed by Deed recorded in Book 788 at Page 487, Weld County Records. \/. TOGETHER WITH four (4) shares of the Lupton Meadows Ditch Company rights . EXCEPTING AND RESERVING UNTO THE PARTY OF THE FIRST PART "GRANTOR" ALL RIGHT /0 TITLE AND INTEREST IN AN TO ALL MINERALS OF WHATSOEVER KIND, IN , UNDER AND `1 UPON OR THAT MIGHT BE PRODUCED FROM THE HEREIN DESCRIBED LAND. misaitsce7eaxxanckenett rdesr%Ir TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title, interest,claim and • demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises. with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees,their heirs and assigns forever.And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and . with the grantees,their heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance, in law,in fee simple,and has good right, full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature soever, except reservations, restictions, rights of way and easements of record or in use; except taxes for the year 1986 due and payable in 1987 The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part • thereof, g he . e to al enders. _ ' The singular number shall include the plural,the plural the singular,and the use of any ender s• • app' y IN WITNESS WHEREOF the grantor has executed this deed on the date set above. . X i�/✓�� p • rs • • STATE OF COLORADO } as. County of Adams • • . cOt.^ f ;' day of 19 g 6 ' ;7.4e'fo e..•gdlni56 ji'turfept was acknowledged before me this 30th June Y s . .• ''b0T.�r�i�� J, Watkins. r:•h 3-• _._ T, Witness my hand and official seal. My Commisison expires '3"-s •19& .,..• ..ar,• •I.,,,.•1`l1r.f`, P-(344/3t, • Nay RAW• 1 0 Lawrence St. • • Denver, Colorado 80202 *If in Denver,insert"City and" , No.921A.Rev.3.85.WARRANTY DEED ff.Mal nasals) Wigan'Publlrhln.3{23 W.SW Av 6s.,t�trxood,CO x0210—003)233 _ ,-, -^^ 9 63 tt 880358 L. 1R2062869 - B 1121 REC 02062869 07/30/86 13: 49 83.00 1/001 , -----0. - F 1969 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO QUIT CLAIM DEED THIS DEED; Made this 28th day of July , t9 86 , between.•' - John E. Myers r. of the -• . *County of Weld and State of Colorado, grantor(s), and ' Judy A. Oakley whose legal address is 12236 WCR 18, Fort Lupton, CO 80621 of the County of Weld and State of Colorado,grantee(s), WITNESSETH,That the grantor(s), for and in consideration of the sum of Ten and no/100 ($10.00) DOLLARS the receipt and sufficiency of which is-hereby acknowledged,has remised,released,sold,conveyed and QUIT CLAIMED,and by these presents does remise,release,sell,convey and QUIT CLAIM unto the grantee(s), her heirs,successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as•follows: The East 4.94 acres of Lot 2 of Section 30, in Towrttip 2 North, of Range 66 West of the 6th P.M. , according to the Division No. 3 Plat of the Lupton Meadows Land Company; EXCEPTING a strip of land as conveyed by Deed recorded in Book 788 at Page 487, Weld County Records. TOGETHER WITH four (4) shares of the Lupton Meadows Ditch Company rights. EXCEPTING AND RESERVING UNTO THE PARTY OF THE FIRST PART "GRANTOR" ALL RIGHT TITLE AND INTEREST IN AN TO ALL MINERALS OF WHATSOEVER KIND, IN, UNDER AND UPON OR THAT MIGHT BE PRODUCED FROM THE HEREIN DESCRIBED LAND. alicsktostekrusarockulnuosborsx • TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title,Interest and claim whatsoever,of the grantor(:),either in law or equity,to the only proper use,benefit and behoof of the grantee(s), her heirs and assigns forever. IN WITNESS WHEREOF,The grantor(s)has executed this deed on the date set forth above. • John E. yers • STATE OF COLORADO, ss. County of Weld The foregoing inawment was acknowledged before me this 28th day-of July , 19 86 , by John E. Myers. My commission expires April 30 , 19 86.Witness myhand •.fficlat seL. stunt • 141 D:nver Ave. • PU-B��C' :o c • • Fort pton, CO 80621 It;Dcnvc4 ins rtifIt$amd. • ta' f PESO' - - - No.fMJ.Rev.345. QUIT CLAIM DEED Bradford PubllYdoa.5823 W.61A An..takwaod,CO 80211—(X13)233-6900880-333 1045 O NN Oz `. . . rye y� \ \ i f ! pyk "'ir " �'� x sK Jig s '� iy 0@0�� ,1�^ 1 Y • } , �" K f5 b w ₹, f• .439 d'{` .j� 3` tf' �`lt/P - y a-Y% 3' Vi7 ir�l 4 IN N7i, a .�t`'°'r ti+e .6ca u3.. fP..S`N J�. .3rw J�bd' i 0^ /t Jahn E. M ers FOR VALUE RECEIVED, hereby sell, assign and transfer unto *' four ( — —)Shares of the i Iui "Z9`. ""t.a .• Lu ton Meadows Ditch Com an • QOital$rock of the com an .i p,r4 tit'' '*S. his name on the books of said � herewith 1.• ' ...313.'%'I .t re resented by Certificate No. r, P .��,.• its Seeretar ;:aim I idt Itetaby irrevocably constitute and appoint with attorney to transfer the said stock on the books of the within named Company 3 yw.lk ._ 'k ,M M the Peeema L h. •� . , 1 dL'4 r I / /r 7 k i - �'. ,� John ME. In Presence of • 4.)cir .6^.°Cr T No.765 Siva(ASSIGNMENT grad ford Publishing,Sin W.601 An..Lakewood.CO 802 14-1103)1!3-6900-1043 , 1 ill .x£x c..,"1 �t6 ,lY t , .t 'v •-:-/: I:St*•,1,- d5 X ) ,,,...'11 -.9,4-9.,,,, r ,N 21PIC'n yy ,19"";"\i”eye a 4-`*h 47 , 4 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION S Billy J. Watkins 16300 Yosemite Brighton CO 80601 0025687 Edmundson, Inc. 469 Oswego Ct. Aurora, CO 80010 5181786 Welco Venture 288 Clayton St. #100, Denver, CO 80206 5269186 Cleaveland, Gary A and Karen T, Brackney, Michael K and Florence M. 12206 WCR 18, Ft7fiipton, CO 80621 5269386 880358 • I -‘..",,..„:1.4 I '' l 1 441 } •4�. • • t 2 C` �[gi�'pp,, ,� H 4 l '. k> yi. ,,,+1, 1 . G OU � ,Jy l o I, ...It. R 1 f} 4. 11{v� _ ,; ,-may�� o �e r:. l 1 fJT' 4i �r'I 1• It�� i j Y •. 7�i��i l+ 1 �P° ( 7" r ^ Uiii iiii 0_ ' ‘i„> Iiii! it IIlI /1; l -I. '�.r r ' 1�11 ,t1 PI It'• . ,111 l;ft ••I• . i I a/ ►r i it_ tf1 II1I I� a� q{•j�j,!!�{' I '}t • cr •/ .•�'il l ill M} 9 1,itt Ri `- .'3.' . 4113 . I 4: . '^ I ( RM • pp 1 f I �' 'fiJ .,) 11' a A J r '+•tl c. . '�I } Y..1. ' .}D 11. II, • •�.... ,� .,1 ' F q' } I' I 1 i y 1 � Y I111 4sit `��aro i. ,f:i fr3 A 1 'Mown (n '. ,atI 3; 6t 1ni....�.- 111�U !! t I .N 1 R. Iii�il! 11. 41 / ro . mm o m >' • , • • 7. ..: ,,,,,,,,,,,,.,,, m m m m �y y O vOi .'Gi L '� v m G ♦..' m ° t m t �� rq i .41" bd •too - � 'mCs � of at, �� i t a c ° ro �1 T • .1 ° m o '.; m .mc 't3 C 4,.° a'. al \:a...' "Ca m .,, O C a..4 y '6 2.1 Q > II .4 8It, , _ v ',illy f' �,s�'1 "� 'l, .., 1�•�. _a "' !' m " t• v5 w v o m .S u C z r Cll F ., �3'/--�T^-' �t i i •p %, �' $ ^,GI •T, aXi .-- o 1x 4: i. ,h; -, o es 7 Jw : it 0 >,,8 W3c I' J ] . k.• . 'li t ''1 •C •gip O O r. O •C§, C 4 .+ N- .1 Tivy ❑ .., v m Z I yq vomStm :1. ap 4.1 '2 1gtt. `i a C • } f , t g a d 4 w '.53 2 °0 .SS 'p 7 w C F 1 I \... .l '` 'n ° v ,'nn a.8 'a A u a. '2 2S 4 4 .h a 7 > is l � ° O 8 El .03 ; ; J0 a x .°4 a. y LLI C� If � � ' �'di. ccnro a � �° v ., fi msy w �. [il -3,... {k.', rr�ti I: I �` h u '7 .cpp o '�' y 'a H c Le i 1 Q R , �fll , , •• 0 n X U >t-CI`"�� r c m CO fl 3 > CO E-• c r fl �� H�� S1. _ . All X" 1r:f'1k :� 1t11 d` i t 4' " __ .�...L`d ;i t,I i rl • I Ill•><OOVZ NZ 1 I AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property The East 4 . 94 acres of Lot 2 of Section 30 , in Township 2 North, Range 66 West of the 6th P.M. , according to the uivision Nu. 3 Plat of the Lupton Meadows Land Company. 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. • The foregoing instrument was subscribed and sworn to before me this076-1-4- day of Fe2 eaA,2.i , 19 1. WITNESS my hand and official seal. My Commission expires: /hay 5/990 ,g. chop. " Nr4 c F • �� tart' Pub1 Ain. •� • • t . ,rte` o' . ,Iyfl%l fill11.1 880,353 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property The East 4 . 94 acres of Lot 2 of Section 30 , Township 2 North, Range bo west of the btn r.ri. , according to the uivision map No. 3 Plat of the Lupton Meadows Land Company. 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 ap ication subs l ion ,, The foregoing instrument was s cribed and sworn to before me thi7 day of P'E'8,Q✓g7Qy , 19 :t: . WITNESS my hand and official seal. My Commission expires: A/Ay 6, /990 1!.. click."\. .00,a,/,694><: {ti, •MF " ary Public P Bk\G ;4 . e or co 880358 O ( ; r- COLC -\DO DIVISION OF WATER RESOUR. -S 818 Centennial Bldg.. 1313 Sherman St., Denver, Colorado 80203 . . ... .. PERMIT APPLICATION FORM Application must - -- ' he complete where _ ( ( A PERMIT TO USE GROUND WATER applicable. Type or ..• - . I I A PERMIT TO CONSTRUCT A WELL print in BLACK FOR. ( 1 A PERMIT TO INSTALL A PUMP INK Nooerstrlkes _ / 7 L' or erasures unless I 1 REPLACEMENT FOR NO. i - '`� / / 9 / .J initidled. )MOTHER . rnrl r�,-I P C ll S '-- Ca-T .4.)1'.7 klnt __ VATER COURT CASE NO _ - - (1) APPLICANT - mailing address FOR OFFICE USE ONLY: DO..NOT WRITE INTTHi iM S-GOLUN NAME \ 1,� I ‘.._,/ 1( V -ti-/ Receipt No._ --!_ .r .i, - STREET/r9 9.1 '?(.(= 't 01 ? VI Basin Dist. CITY ^C CONDITIONS OF APPROVAL �(5;are) tx TELEPHONE NO. This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water Court C`': id right from seeking relief in a civil court action. E 1/4 of the p1 up Y< Section'------L / Twp. Al Rng. /di_ U) �: P.M_! N.S E'N' (3) WATER USE AND WELL DATA �Proposed maximum pumping rate (gpm) I , /'7 Average annual amount of ground water / �, hJ n (l� to be appropriated (acre-feed: Number of acres to be irrigated: /0 000' x7) f u Proposed total depth (feed J : i + ' Aquifer l ground water� ,is to.be obtaine from: Illgr t rl/\ l\_e. Owner's well designation GROUND WATER TO BE USED FOR: I 1 HOUSEHOLD USE ONLY - no irrigation (0) ( 1 DOMESTIC (1) ( ( INDUSTRIAL (51 ( 1 IVESTOCK (2) ( ) IRRIGATION (6) COMMERCIAL (4) ( ) MUNICIPAL (SI . ( ( OTHER (9) 1 APPLICATION APPROVED DETAIL THE USE ON BACK IN (111 PERMIT NUMBER (4) DRILLER DATE ISSUED • Name lS-1- \(�C EXPIRATION DATE Street — J — (STATE ENGINEER) E�3iIr%p? (Sorel (/,n) G � GY ..___-_.. ___—_____. ._--. COUN]Y (5) THE LOCATION OF THE PRO[- ED WELL and the area on (6) THE WI__LMUST BE LOCATED BELCW which the water evils be used must be indicated on the diagram below. by distances from section lines. p Use the CENTER SECTION (1 section, 640 acres) for the well location. _ 16 <�, ft. from Ali z ._sec. line ..1— 1. — -'�- —` —{- --. -4-- -- -+. (north or south) / D,��' i i 1 ft. from L sec line -- I MILE,5280 FEET - ---1. I (east or west) • • • I T ' T ' LOT:_.---K, .BLOCK FILING * • II SUBDIVISION NORTH SECTION LINE — . + X ii (7) TRACT ON WHICH WELL QWILL BE L; NORTH LOCATED vr1E :� t, 1 f 1 , , , r + z� — — i — i — —D No. of acres , / f . Will this be 7I f H I o I m the only well on this tract? t E o (8) PROPOSED CASING PROGRAM NI z 1 r i I I m Plain Casing 1- — — — — m } fi -,.. __.- in.from + ft. to A.7 ft. I I • I _in.from ft. to ft. 1 • _ _ Perforated casing SOUTH SECTION LINE i / 7 r ft. + in. from ft.to + + ft. in. from ft. to I s I I (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging -:- - + - I - - -- 4- - - --I- it: I i i -- The scale of the diagram is 2 inches= 1 mile — Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfsi . . .449 gallons per minute fgpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot . . .43,560 cubic feet . . .325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (10) LANNDON WHICH GROUND WATER WILL BE USED: Owner(s): V`L, P . ` . ,A k'L..; No. of acres: Legal description: Lo G t0 \ 1 0+ ) )'t (11) DETAILED DESCRIPTION of the use of grpund water: Hou hold use and domestic wells must indicai type of disposal system to be used. 4--, .) —7L6 6O r i l cX X J rn Ill n - O 9.� G 1O-Lo. h()Ii‹ Kt� v S �\ 12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used ..,0-3)-Y1-4E APPLICANT{Sf : Ari E(Sy THI T TH FO NATION SET FORTH HEREON IS TRUE TO T BS KNOLED , ......„-U�E 7L6 IEN. .../ Use add.t'onal shoets of paver if more soave •s sea.: !ed. % / c__?) - 61z1 - 6.- /,TICLI giyej OP-(4,--e---- ji-li alAd---k--d . jj--titif 01/4-- , ; ooO . z . ,.. , . (,,,,_____ . a , ; G� !7 �-,tfrrIr. �R '28 1988 i___,,____, I kill en. ?E?Cllii[, 6diii,ig:1;u, e8C35+`_ # /f-f1 - xi7,/ .L44,7;„ 9,,,,, a- 2c,�Av , , , ,4, Are,,,,A,,,_5,, zy.,i,e efr,,z . 7 724,E afrze/JeKv . --7„ 4/fia7d),,my ,4,-7,7,4,h, cd, itide Z,1/21, i ,c_ayzr 27_,eizivic) il � /J = /7 J r.)c‘Y\ ' CrkJ -\\ ;813 --n\\ -,oRe l� �9 3 , Ja 9 J Kati°° irix-iyildi6i6z J ute_____ 6 7y., 'Y a , Yid/ i ah.O XjZgeeCd ) Eh* f/all,_27Z1?_e. Lk ileA1O-(,pc,oc_dzW/Ca. gl lei-Ayelk ted 1 c_k c>7 aittle_i Alialix) Midi 880353 { , c i / T * &. LiLS0LO 5� G' r let iv) 1-/16 1/426Cifo'v iczifiL,,, ,±ctiyAtti OLA,L., LiA114Qt1)- il 880353 f 9/slat 0 i,' U s J U ( APR 18 1988 C c lu o Planning Cam® I,b laionitv Se 9.15 10/4 sM S Rao zhaw t 3 f 3063/ - &O Sir's L k live. the . rrbund;mr OreiR, f1eAJ- It c lucAfpl4 `Kl . , e- haua S 1-q,ai icutaA91 &ileS ( LSE_ i Iffich di tom ) AkZ a dealt ra v ( C t itic u_ic kiKIE It ow 1j a. Ac�u be cy? { C,r c1/4.3c . ir"apeehy ei c have al reae4 (aiscb tilt ( c ro uncl f 1pcxl e 1-loid, teUe/ and spe?f a (itali- c C_ °eat Q *- nro t & F w c Al a. kexnineA ZS -Ea Lry -1- t a u (okt oic s if] TF ccccd) be_ on bEctrab , ..:: :. = W1 4-he t3 t0 16 & 's �e has rriti there tS d.lu (S Bne_ barking , We, also bj .p oems A O Lt 4\a. E cogs G & nou s ge4J-in Cose. a _ k l l L A 4 c}' our &LricS i. Cot Peel wo4. M-- cbqs -Fh s pro Wein tooc4d become_ cocre.456(99 l_ Worst, ausr a ke nEL - fr Cldst ccty or ,� e -f ec_4- Uaj ue oI Car ooroP l i1 a- y.--t.9:.,_ (fi Very nett 3}ive � 1 cA.,,� 1 h , ank(tuc_ for ofCA_I- t nSi c k 'DiU OL && ma.t-ler, c Vir\ (6S_D' V L .. ( 88035S # 0 880353 • . N U1 — O � N) N _• �t0als p (r / /• ' ur s i N OD �� •�'. • �r1 • q (Dui. �/ / g =� • : (n a) N / ., : N n W Q) :r —�' z8 N N Q / /' �r 10 \ /. n 4 • . �.M1 u stb w.- G W // N00°04'IOII N E - `^� . K - 844.28 • cnno 7 ' 19 �� W 1329 . 91 p ( East 9. 78 Rods ) " (4-4 329 . 4 7 • \\a 5.*wlui�n",�,� o�y. .•C(1` n rn w £ a w £ a E .+ '-' 'n r� r O:•L -a••N••.O%' rK w m 7 w m m oY S W� Gar h I I = hi:m N `"'a. n ownwartwVS o� m ❑� m rrOSO II o m O =n:w in;a=_ r ortm r• mrrm tart 0-ort aonmo Ii * m N W r, • 3 >i 7 >ry 7 w H pi m m a m In O r.7 =O:• 0 '':0 s w H.ro w I-,M 0 0' m art m 7 m ro m I I !] D I% O•. . 0 O�'.• O\. Tart 7 a11K K m wart WP.F' O el A N 11 a 7 w H N 0 b � 'flg00 .. .•.'•��`a\ n la o a•O r w m £ H. 0 co r m <'0 .a y r HO O .0 0 r.a s O Z U) /gnqum wmu��a 0 OW r'w rt 11 a 7 a o n I� w .o rt w £ • O N ONmrt ' m Ir-nin rw1raO. £ 0w0 H.maM -D —{ —▪ N Q O Z; M rt O 1'1 7 n H 11 r' la H.m m r' 7 Q • SSG m 7 m HI 11 r. M w m £ m m C'� 7 a K 7 a 0 , HOC f• 0 LS M CO m ,d MK 7 O K 7'd rt w 7 M • rt rn Mr- 'i m r p I rt 11 w 0-0 S rt F+ 'd m m I-'.+ O MI m -•w` O N r't1 N H..<K N W K £ 0rt 0 rt N m 7 H 1p C O in -um r- m £ N L'I w w 7 a O m m w r _ w 7 I-' 7 et r' 7 w a n w'O 0r01 w O 0 0- PLUM aw O-an F' M 't rtrrt OF- -• Z O fn m 7 w O K a M I�rt w m O S < 7 a •• O• 719 ._O tl w a H.3 w H.rt m.` -.0 H.70 a m 0 m VI 1n 1n ' O rtom703 £ •N CrK Km .� 7'm in I--•Qr . N 0077 7m C Pi P'' ma• 7 � �m� = w rlroortoon � 3ww in ii M 7 Z U) r 10:'. IP i rOZ D o a n ti w n n • F,aa d M O or-Hm m O , m Dm 0 I 17 > '< H.a n H.O m m H. In 7 0 o 0 S Cu r 0 -4 ' O Z r•m 7 H. 7 11'0 w 7 M Ina O m m m N or, '0D 77ro7mro 0 v[IO • K KM £ <O III ODr Pzn1°i 0 mnr�na�rwt0 Y.w00 7w w0oi. -Dim Zip Xl •. ,n Z (,�7� n WrtLa nom at a OH rim Or .-D0 mmw wN-wam • rm nr rim d- Z� -im �N � 8 rti • m m ('i o m r'o e m< wwommo `° r' < 00 SIO < 000 r0m tali rOV� Fl roO 0 Hm III _ P m y 7 H'O 7 w a m r o Cu a'd D r m w r• t< o '009 � £ m a 'o o F a —i C w partri to 05 ,' ; ti w '^mm hi Fa °art hat �0 Zm Z� r w aT O'-� b\.~a 10 MMn H rt O H ff �7 H7 m ar. • Z • �. G'•I C3 ! ^! r.M I-,ID Ywl. a7 rm • amw 'mac � Q) (n OOO 9 HO 0 r, rS O-p !PC n— m i 0PZ mZm �' w 3 0 w o o n £ 7 0 a m m Or 0) _ ''. ! N.i Q) CO H W 1'c I Cu a 1 m rar n v' H. I a D C D O' O N — 0 m m mm m z a)t d a w 0 N m wars _ - _ CONDITION OF APPROVAL JUDY OAKLEY USR-828 5 . Prior to recording, the Special Review plat shall be amended to show the correct number and sizes of the proposed kennel facilities. 880353 DEPARTMENT OF HEALTH 2 GGgl� o of • DISEASE CONTROL AND EPIDEMIOLOGY DIVISION 3 PET ANIMALS, o PET SHOPS AND BOARDING KENNELS Q z f . . Q , 6 CCR 1009 - 5 z O w Q 4 ( U) . 0 -t t EDITORS NOTES l Rulemaking Authority for this Rule is cited in the Attorney General / Opinions listed below. Those opinions may be found in the Code of Colorado Regulations, Attorney General Opinions Volume. History and Amendments: Adopted 10/20/76, effective 1/3/77. Pp. 1-9 adopted 1/18/84, effective 3/1/84, 7 CR -2. A. G. Opinions:. 7 AG 48 _ Annotations `"ii "'` "+C s a''5* h • t..i}'4 �1 • �. a 1l IY r } >�^. ry.i "a x`4.1'� �� k �� e ,.r� Slf, R a � -dyVT �:. �ITe Tile Page don not eottitme m official-part of my regulation.Information contained on the tide Page is Pfd by de we P Got maw deemed reliable and a aoaly far in(arm.aa L and hina,cal pmptea Seeeantimary none in(mmduonryMnmall Hob is cat INDEX Section Page General L 1 Structural Standards II 2 Sanitation III 9 . Care and Handling IV 6 Records V 7 Animal Importation VI• 7 Disease Control VII 8 Animal Pounds and Shelters ' VIII ;"9 • _ j F ' - I E 1 L - t � 4 4• 6 COB 1009 -5 880353 .1984 THE PUBLIC II CORI)CORPi .1ON ALL RIGHTS RESERVED 7CR2,2-84 Page 1 KENNEL AND ANIMAL SHELTER REGULATIONS Part I GENERAL 1.1 AUTHORITY These regulations are established pursuant to Tile 25, Article 4, Part 1101 et. seq. C. R. S. 1973. 1.2 BASIS AND PURPOSE Colorado law on kennels was changed in the last legislative session. The purpose of these proposed regulations is to insure that the intent of the new statute is effecuated by the department through promulgation of harmonious regulatory provisions. Such provisions are directed toward preventing and reducing the transmission of zoonotic diseases from pet animals, especially dogs and cats. 1.3 DEFINITIONS - The definitions of terms used in these regulations shall be consistent with those definitions in Article 4 of Title 25, Part 11, C.R.S. 1973. 1.4 LICENSE REQUIRED No person shall operate a kennel unless such person holds a valid license issued by the department pursuant to 25-4-1103, C.R.S. 1973. The 12-month license period shall commence each March first and end the last day of February the following calendar year. 1.5 LICENSE REVOCATION AND SUSPENSION In addition to other penalties prescribed by statute, the department may revoke or suspend a kennel license for violation of these regulations in accordance with 25-4-1107, C.R.S. 1973. • • 880359 THE CODE OF COLORADO REGULATIONS 6 CCR 1009 - 5 ' Page2 Part II STRUCTURAL STANDARDS 2.1 EVALUATION OF PLANS I 2.1.1 Submission of Plans Detailed plans and specifications shall be submitted to the state or local health department whenever it is proposed to erect or extensively remodel any kennel. Each kennel operator, or person intending to become a kennel operator shall be responsible for submitting all plans and specifications. These plans shall be approved or disapproved by the Department within 30 days of submission. Approval of plans and specifications is necessary before construction begins. 2.1.2 Contents of plans and specifications Final plans and specifications shall show compliance with these regulations and shall include schedules describing the ventilation system, plumbing equipment, and finishes of floors, walls, and ceilings. A plan review form may be obtained from the Department. Plans need not be professionally drawn. 2.2 FACILITY STANDARDS 2.2.1 Physical Facilities Animal housing areas shall be physically separated from places where food and drink for human consumption is prepared, served or stored and from 1 living and sleeping quarters of personnel. 2.2.2 Interior Surfaces The interior building surfaces shall be constructed and maintained so that they are impervious to moisture and may be readily cleaned. 2.2.3 Food Storage and Equipment Washing Animal food storage and equipment cleaning areas shall be physicially separated from animal housing. 2.2.4 Electric Power Reliable and adequate electric power shall be provided. 2.2.5 Water Adequate potable water shall be provided. Back flow preventers shall be installed on any threaded faucets. 2.2.6 Washrooms and Sinks Readily accessible washrooms or sinks shall be provided to maintain personal hygiene among animal caretakers. A two—compartment sink in good repair shall be provided for washing and sanitizing the equipment. 6 CCR 1009 • 5 THE CODE OF COLORADO REGULATIONS 1984 THE PUBLIC RECORD CORI .TION ALL RIGHTS RESERVED 7CR2,2-84 Page 3 2.2.7 Heating_ Indoor housing for pet animals shall be sufficiently heated when necessary to protect pet animals from cold, and to provide for their .iealth and comfort. The ambient temperature shall be consistent with the requirements of the specific species. 2.2.8 Ventilation Indoor housing for pet animals shall be adequately ventilated with fresh air to minimize odors and moisture and to provide for the health and comfort of the animals at all times. Auxiliary ventilation, such as exhaust fans and vents or air conditioning, shall be provided when the ambient temperature is 85 degrees Fahrenheit or higher. Kennels built or extensively remodeled after March 1, 1984, shall have fresh air ventilation providing ten or more air changes per hour in animal housing areas or may recycle air through a filter system approved by the department. 2.2.9 Lighting_ Artificial lighting shall be provided for a • minimum of 8 hours per day. Such lighting shall provide a minimum of 25 foot candles illuminaton 30 inches above floor level and shall be uniformly distributed. Enclosures shall be so placed as to protect the animals from excessive illumination. 2.2.10 Drainage A suitable method shall be provided to rapidly eliminate excess water from animal housing facilities. If drains are used, they shall be properly constructed and kept in good repair. If closed drainage systems are used, wastewater shall be disposed of by connection to a sanitary sewer or any approved sewage disposal system. 2.3 ANIMAL ENCLOSURE STANDARDS 2.3.1 Primary Enclosures Defined Primary enclosures are those animal enclosures in which the animal normally rests or sleeps. 2.3.1.1 Primary enclosures shall be structurally sound and maintained in good repair to protect the pet animals from injury, to contain them and to keep predators out. They shall be constructed and maintained to enable the animals to remain dry and clean and to provide convenient access to clean food and water. 4-6 TM 880359 THE CODE OF COLORADO REGULATIONS 6 CCR 1009 - 5 Page 4 2.3.1.2 The floors of the primary enclosures shall be constructed to prevent injury to the animals' feet and legs. Enclosures for dogs and cats may have wire flooring provided that the wire is of adequate gauge to prevent sagging under the weight of the animals and the mesh is small enough to prevent their feet from passing through. There shall also be a solid resting surface or surfaces which, in aggregate, are of adequate size to comfortably hold all occupants of the primary enclosure at the same time. 2.3.2 Space Requirements Primary enclosures shall be constructed to provide sufficient space to allow each animal to exercise normal postural movements. 2.3.3 Additional Requirements for Housing Cats A receptacle containing sufficient clean litter shall be provided to contain excreta. 2.3.4 Exercise Areas for Boarding Kennels One run shall be provided for each eighteen (18) dog kennels. These shall be of sufficient size to allow any dog to break into a run. Two exercise periods per day of twenty (20) minutes each shall be provided. 2.3.5 Shelter from the Elements Adequate shelter from the elements shall be provided for all pet animals kept outdoors. Sufficient clean bedding material or other means of protection from the weather shall be provided when the ambient temperature falls below that to which the animal is acclimated. VAC 88 359 6 CCR 1009 - 5 THE CODE OF DNS • 41984 THE PUBLIC:7ECORD COR %LION ALL RIGHTS RESERVED 7CR2,2-84 Page 5 1 PART III SANITATION 3.1 GENERAL STANDARDS 3.1.1 Cleaning of Pet Animal Enclosures Animal wastes shall be removed from primary enclosures daily or as often as necessary to prevent contamination of the animals contained therein and to reduce disease hazards and odors. Cages shall be cleaned as often as necessary to maintain sanitary conditions by washing all surfaces with a detergent solution followed by a safe and effective sanitizer. Animals must be removed from the enclosures during the cleaning process and precautions taken to avoid cross contamination. 3.1.2 Eouipment cleaning Water and food containers and all other utensils shall be cleaned and sanitized using generally accepted methods such as the use of heat or chemical sanitizing solution These containers shall be cleaned and sanitized as often as necessary to maintain sanitary conditions. 3.1.3 Waste Disposal Animal and food wastes, bedding, dead animals, debris and other organic wastes shall be disposed of so that vermin infestation, odors, disease hazards and nuisances are minimized. Such waste shall be removed at least weekly from the facility. 3 .1.4 Pens and Runs Pens and runs using sand or gravel shall have such materials replaced as often as necessary to maintain sanitary conditions. 3.1.5 Premises Buildings and grounds shall be kept clean, in good repair, and free of trash. 3.1.6 Pest Control An effective program for the control of insects, ectoparasites and avian and mamalian pests shall be maintained. 3.1.7 Storage Supplies of food and bedding shall be stored off the floor or in waterproof closed containers and adequately protected against infestation or contamination by vermin. 3.1.8 Dead Animals Animals that die at the facility shall be stored and disposed of in a way that will not cause a disease hazard or nuisance. 14( 880358 THE CODE OF COLORADO REGULATIONS 6 CCR 1009 - 5 • ' Paae 6 PART IV CARE AND HANDLING 4.1 FOOD AND WATER 4.1.1 Pet animals shall be fed at least once a day and shall be • provided potable water at all times except when under special veterinary care. The food and water shall be free from contamination, palatable, and of sufficient quality and nutritive value to meet the normal daily requirements for the condition and size of the animal. Refrigeration shall be provided for perishable food. 4.1.2 Food and water containers shall be accessible to the pet animal and located to minimize contamination by excreta. These containers shall be cleaned daily. Disposable food containers may be used if discarded after use. Self feeders and waterers may be used if cleaned regularly. 4.2 CLASSIFICATION AND SEPARATION 4.2.1 Animals housed in the same enclosure shall be maintained in compatible groups, with the following additional restrictions: 4.2.1.1 Females in season (estrus) shall not be housed in the same primary enclosure with males, except for breeding purposes. 4.2.1.2 Any dog or cat exhibiting a vicious disposition shall be housed individually in an enclosure. 4.2.1.3 Puppies or kittens shall not be housed in the same primary enclosure with adult dogs or cats other than their dams, except when permanently maintained in breeding colonies. 4.2.1.4 Dogs shall not be housed in the same enclosure with cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animals. 6 CCR 1009 - 5 THE CODE OF COLORADO REGULATIONS • a 1984 THE PUBLIC RECORD COR. ATION ALL RIGHTS RESERVED 7CR2,2-84 Page 7 4.2 .1.5 Animals under quarantine or treatment for a communicable disease shall be physically separated from other susceptible anima_ to minimize dissemination of disease. Such quarantine area should have a separate ventilation system. 4.2.1.6 Boarded pet animals shall not be housed in the same primary enclosure with those from another household unless the owners have been made aware of and consent to this arrangement. PART V RECORDS 5.1 RECORD KEEPING R.EQUIRMENTS 5.1.1 Records of the sale or adoption of pet animals shall be completed in duplicate, the original to be issued to the purchaser and the duplicate retained by the kennel operator for two (2) years from the date of the transaction, and shall be available to any inspector authorized by the department. Such records shall include the date of transaction, species or breed and the name, address and phone number of the purchaser or adopter. PART VI ANIMAL IMPORTATION 6.1 DOG AND CAT IMPORTATION FOR SALE 6.1.1 Dogs and cats may be imported for resale only from out-of-state facilities licensed by the U.S. Department of Agriculture according to the provisions of 9 CFR, PART 2. 6.1.2 Not less than seven days prior to importing dogs or cats for resale from any out-of-state source, the licensee shall notify the department in writing, the source and date of the prospective animal shipment. 6.1.3 The department may prohibit the sale or importation of dogs and cats from out-of-state facilities where there is evidence of infectious disease. The sale/importation restriction shall be imposed for a minimum of 60 days or until reliable written documentation is provided to the department that the disease problem has been controlled or eliminated. isak THE CODE OF COLORADO REGULATIONS g8O,G* 1009 - 5 Page 8 6.1.4 Interstate Health Certification An official interstate health certificate from the state of origin shall be issued for all dogs and cats shipped into Colorado for resale. This certificate shall include the number, species, type or breed, age and physical description of all dogs and/or cats in the shipment and shall state that all dogs and/or cats shipped are apparently free of infectious and communicable diseases. Certification shall be by a licensed veterinarian in the state of origin. The licensee shall cause one copy of the certificate to be sent directly to the department as soon as the veterinarian's inspection is completed. PART VII DISEASE CONTROL 7.1 DISEASED PET ANIMALS 7.1.1 Observation and Senaration Pet animals shall be observed daily for signs of disease. An animal suspected of having an infectious disease shall be physically separated from other susceptible animals until the condition is determined to be non-infectious. 7.1.2 Humane Care Sick or injured pet animals shall be provided with veterinary care or shall be euthanized humanely. 7.1.3 Sale or Transfer Pet animals with obvious signs of disease, or injury, or vicious nature shall not be sold, traded, given away, abandoned, or disposed of in an inhumane manner. 7.1.4 Quarantine The department may issue quarantine orders to any kennel in accordance with Title 25, Article 4, Section 1105, C.R.S. 1973. In breeding kennels the department may require laboratory testing of a suitable number of pet animals or specimens to determine if such pet animals are disease free. The costs of the laboratory tests shall be the responsibility of the licensee. Quarantine will be lifted only through written release by the department when it is determined that a health risk no longer exists. zsc' .Y 6 CCR 1009 - 5 THE CODE OF COLORADO REGULATIONS 8803513 • • .1984 THE PUBLIC RECORD CO RATION ALL RIGHTS RESERVED 7CR2,2-84 Page 9 7.1.5 Canine Brucellosis Dogs imported into Colorado as breeding stock by breeding kennels shall be isolated from other dogs until a negative serological test for canine brucellosis is • documented for each imported animal. PART VIII ANIMAL POUNDS AND SHELTERS 8.1 ADDITIONAL PROVISIONS 8.1.1 Definition: Animal pounds and shelters are non-profit private or publicly-owned facilities where stray or unwanted animals (not owned by the facility) are held and which contain four or more pet animals at any given time. 8.1.2 Except as provided in Section 7.1.2, unclaimed lost animals shall be held a minimum of 72 hours, after which they may be disposed of at the discretion of the facility operator. Disposition of animals surrendered or abandoned by their owners may be determined immediately. Animals shall be euthanized in a humane manner. 8.1.3 Primary enclosures for dogs and cats shall be maintained in separate rooms. Adult animals housed in the same primary enclosure shall be maintained in compatible groups (same gender and similar size) not to exceed 3 adult animals. 8.1.4 Pet Animal Transportation Standards The department shall establish guidelines for pet animal transportation. These guidelines shall include vehicular and procedural recommendations. 8.1.5 Existing animal shelters and animal impoundment facilities shall be given until March 1, 1986, to meet the structural standards required by these regulations. All other parts of these regulations will be effective March 1, 1984. • ) •° dAC THE CODE OF COLORADO REGULATIONS 6 CCR 1009- 5 5/6/88 COPY OF NOTICE MAILED FIRST CLASS TO: BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO P. 0. BOX 758 GREELEY, COLORADO 80632 WELCO VENTURE 3595 SOUTH TELLER STREET, #220 LAKEWOOD, CO 80235-2014 898753 Hello