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Home My WebLink About870050.tiff RESOLUTION RE: APPROVE USE BY SPECIAL REVIEW FOR A DOG KENNEL FOR 65 DOGS - HENRY J. AND SUSAN M. K. BEECHER (T.J. KENNELS) 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 21st day of January, 1987, at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Henry J. and Susan M. K. Beecher (T.J. Kennels) , 22029 Weld County Road 76 , Eaton , Colorado 80615 , for a Use by Special Review for a dog kennel for 65 dogs on the following described real estate, to-wit: Part of the SW; , Section 26, Township 7 North , Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and , having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Secticn 24. 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24. 4. 2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on the continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment. ,9,y ee /'. 870050 Page 2 RE: USR - BEECHER b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The activities proposed will be compatible with the existing land uses, as well as with the future projected development in the immediate area. The proposed use will not have any significant traffic or noise impacts. d. The proposal was reviewed by the Town of Eaton. The Town of Eaton representative, Mr. Gary Carsten, has no objections to this proposal. e. No overlay districts affect the site. f. Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for a dog kennel for 65 dogs on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Evidence shall be submitted to the Department of Planning Services within thirty days from the date of approval by the Board of County Commissioners that an Individual Sewage Disposal System Evaluation has been completed on the existing septic system. 4. Prior to the recording of the plat, the required septic permits shall be issued. 870050 Page 3 RE: USR - BEECHER 5. Prior to recording the Use by Special Review plat, the applicant shall submit a waste disposal program to the Weld County Health Department. The program shall be approved by the Weld County Health Department and a copy of the program shall be included with the application materials on file in the Department of Planning Services. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of January, A.D. , 1987. tr BOARD OF COUNTY COMMISSIONERS ATTEST: A$rt��`, WELD COLLJNT C, C/pLOR O Weld County Clerk and Recorder and Clerk to the Board G r ac , irman BY:- tsrWn� u- C.W. KDrbDATEPO:: emD putt' Countyerk EXCUSE SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner / / EXCUSED Jacqueline Johnson County Attorney Fra guc i 870050 DEVELOPMENT STANDARDS Henry J. and Susan M. K. Beecher (T.J. Kennels) USR-767: 86 : 48 1 . The Use by Special Review permit is for a dog kennel as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. The maximum number of dogs allowed shall not exceed sixty-five. 2. The maximum number of dogs allowed out of the enclosed kennel between the hours of 10 : 00 p.m. and 6: 00 a.m. shall be thirty-two. 3. A six-foot high by one hundred fifty-foot solid wood fence shall be constructed between Weld County Road 76 and the kennel area. Said fence shall be constructed as soon as practicable, but in any event, no later than April 1 , 1987 . If complaints, in writing, are received by the Department of Planning Services about noise coming from the kennel, a six-foot high solid wood fence shall be constructed around the kennel and run area. 4. 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. 5 . The method for final disposal of all wastes shall be in accordance with the Weld County Health Department. 6 . Potable water shall be provided in adequate amounts and free from contamination. 7. Exercise areas shall be of sufficient size to allow any dog to break into a run. 8. Building and grounds shall be kept clean, in good repair, and free of trash. All trash shall be removed on a weekly basis and disposed of in an approved landfill. 9 . The Use by Special Review permit shall not be transferable to any successors in interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. 870050 Page 2 DEVELOPMENT STANDARDS - BEECHER 10. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 . 5 of the Weld County Zoning Ordinance. 12 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 13 . 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 herein and all applicable Weld County Regulations . 14 . The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted . Any other changes shall be filed in the office of the Department of Planning Services. 15 . 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. E70050 HEARING CERTIFICATION DOCKET NO. 87-2 RE: USE BY SPECIAL REVIEW FOR A DOG KENNEL FOR 65 DOGS - HENRY J. AND SUSAN M. K. BEECHER (T.J. KENNELS) A public hearing was conducted on January 21, 1987, at 2:00 P.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner Commissioner Jacqueline Johnson - Excused Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Bruce T. Barker Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated January 5, 1987, and duly published January 8, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the request of Henry J. and Susan M. K. Beecher (T.J. Kennels) for a Use by Special Review for a dog kennel for 65 dogs. Chairman Lacy explained that, with only four Commissioners being present, if a tie vote should result, the absent Commissioner would review the record and listen to the tape of this hearing prior to casting the deciding vote. Bruce Barker, Assistant County Attorney, made this matter of record. Keith Schuett, Planning Department representative, read the favorable recommendation of the Planning Commission, which is subject to five Conditions and fifteen Development Standards, into the record. Henry Beecher, one of the applicants, came forward to explain this request. He said that the snow is deep where the fence, required by Development Standard 113, is to be constructed, so he will not be able to install it immediately. No public testimony was offered concerning this request. Commissioner Brantner moved to amend Development Standard #3 to require that the 150-foot fence be installed no later than April 1, 1987. The motion was seconded by Commissioner Yamaguchi and carried unanimously. Commissioner Brantner moved to approve the request for a Use by Special Review for a dog kennel for 65 dogs, subject to the Conditions and Development Standards as amended. Commissioner Yamaguchi seconded the motion and it carried unanimously. This Certification was approved on the 26th day of January, 1987. APPROVED: + BOARD OF COUNTY COMMISSIONERS ATTEST:& -e d WELD COUNTY, ORADO Weld County C erk and Recorder and Clerk to the Boa Gor .acy -rman • By.... c ffJ rtr eputy County Cle k C.W. Kirby, Pro- EXCUSED DATE OF APPROVAL Gene R. Brantner TAPE #87-10 EXCUSED Jacqueline Johnson DOCKET #87-2 gadirabe PL0099 Frank Yamagu i ,, ATTENDANCE RECORD TODAY' S HEARINGS ARE AS FOLLOWS: JANUARY 21, 1987 DOCKET #86-83 - AMENDMENTS TO SECTION 11-2 OF SUBDIVISION REGULATIONS DOCKET #86-80 - FINAL PLAN - PFERD HIMMEL PUD DOCKET #87-2 - USR-DOG KENNEL (65 DOGS) HENRY J. & SUSAN J.K. BEECHER (T.J. KENNELS) DOCKET #87-.1 - USR-CHURCH & SCHOOL, NEW CREATION MINISTRIES AND WORLD OUTREACH CHURCH PLEASE write or print legibly your name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING tn.- i - Jo.- o ,-r Tar A /:LAr: ie,/ 4' e h} 61,14ez-e/ — ,y � � j3 ) [4 sWkldnkt l"'n Prnnn }1II1HVL z, Y /0/i 11 iiv R6 Fin „ut Lir—, A"ND C:, Li vmmr 0,75JJer-vti- CgUe-c!f Cf7x.,. , _.1., 121 "'tet, 214S \A t/9�0H r-1 if,•v�icic^✓I-/ .4, c7 -/ rtfc.'vCi� y // `_ �� o�r / i•) -7 7elS ( /69rb,U -i (2V ✓1,— .) y 97 Ci.liiaa 21/-ixi mac___ / eo 4/ 4).577z c- )&4/1/1. /z/-27 ' S7 ,b A,-" 1 _741 OD (, 1u C Pi f-'/ 99 L.,�,- c(So rL/} a Phi l'k II;in Pit , �--�i-c��i�f� •C//.) -<""-^2x 7 cl?� /C .,.z at-(_,L(� ,, le ., �r P� 'n,.-rw L./ `� )ec 2-..)_O25-; ,3,:-A -7 to -ov._ QC �-O L t-- -77 i F• L D c) - NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 87-2 -Henry J. and Susan M. K. Beecher (T.J. Kennels) 22029 Weld County Road 76 Eaton, Colorado 80615 DATE: January 21, 1987 TIME: 2:00 P.M. REQUEST: Use by Special Review - Dog kennel (65 dogs) LEGAL DESCRIPTION: Part of the SWi of Section 26, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado LOCATION: Approximately 3 miles east of Eaton; north of Weld County Road 76 and east of Weld County Road 45 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: January 5, 1987 PUBLISHED: January 8, 1987, in the Johnstown Breeze NOTICE Pursuant to the zoning laws of the AFFIDAVITOF PUBLICATION State of Colorado and ihe Weld CountyZoning Ordinane a public hearing will be in the Chambers of theto ; County . Commissioners of County THE JOHNSTOWN BREEZE Colorado,Weld Mal Center, 915 10th - First STATE OF COLORADO ) Floor, Greeley,-Col at the tide specified All pans in any ) SS manner interested Injhs Use by COUNTY OF WELD 1 Special Review are *panted to attend and may behetir4 I, Clyde Briggs, do solemnly swear that I BhouldtheapplcentoranyiMer- am publisher of The ,Johnstown Breeze; • sated party desire the prleence of that the same is a weekly newspaper acourtreporterteme ordof - printed, in whole or inpart, and published the proceedings,In ato the taped record wnlch be kept in the County of Weld, State of Colorado, during the heartg,theakelr to the Board's Office can tactea and has a general circulation therein; that fors list of court r in the said news a er has been area.Ifs court repprtp q1tained P P published theclerktothe.Hoard'aOfffceshall continuously and uninterruptedly in said beadviaedlnwritinC ofettph action Weld for County of period of more than at least five days Mortal the hear- a hear- ing.The cost of engagtnwa court fifty-two consecutive weeks prior to the reporter shall be borne by the re- questing party. first publication of the annexed legal notice BE IT ALSO KNOWN that etext or advertisement; that said newspaper has and maps so certified- - Weld been admitted to the United States mails as County Planning Com may. be examined in the of the second-class matter under the provisions of thatiClerk tra the Cantdebest ,,iCno"tthe the Act of March 3, 1879, or any alictnJ�15 ,ahmY GG amendments thereof, and that said GreYlfa�ela!!aIM • r_ newspaper is a weekly newspaper duly DOCKET NO. qualified for publishing legal notices and advertisements within the meaning of the. APPLICANT laws of the State of Colorado. Henry J.and Susan M.K Beecher That the annexed legal notice or advertise- 22029 Weld County Kean lsi ment was published in the regular and -Eaton,Colorado 806155 Entire issue of every number of said weekly -DATE:January 21,1987 newspaper for the period of consecu- TIME:2:oO-P.M. tive insertions; and that the first REQUEST:Use bySpecialRevlew publication of said notice was in the issue of —Dog kennel(65 dogs) said newspaper dated . (^.4, A.U. 1b97 and that the last publication of said notice LEGAL DESCRIPTION:Part of the SW% of Section 26, Township 7 was in the issue of said newspaper dated North, Range 65 west qt the 6th .P.M.,Weld County Colorado A.D. 19 LOCATION:gpprozlmately3miles - In witness whereof I have hereunto set east of Eaton; north of-Weld my hand this .... .e) day of ITK County Road 78 and east of Weld A.D. 190S County Road 45 -- BOARD COUNTY COMMI ONERS fi WEL COUNTY / COLORADO BY:MARYANNFEE Publisher STEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Subscribed and sworn to before me, a BY:Mary Rein,Deputy Notary Public in and for the County of DATED:January 5, 1987 eld, State of Colorado this . G. day of / r sz A.D. 19cY�.. PUBLISHED:January 8, 1987, in the Johnstown Breeze Notary Public. My commission expires n; ii i .PROOF OF PUBLICATION NOTICE Pennant to the=deg laws o the of The North Weld Herald and the wad Camay hang • a publk babe ME be held lu Eaton, Colorado 80615 hers of tits limed a Canty stoners of Weld County, , CCWr"Cater,915 nth Street, Feet Free -Gary,Cant, at 14 `e 1 STATE OF COLORADO, ) epeeleed.MI pear Say astraner Iw.ee- County of Weld ) SS' ted a the pee by*tad Review see rogues- rdaeaalmamyMheard. Should t MOMS w s Y/r+eW desire the psalm of a a mod ranter .wed r a Wald reowhich MN e theta/ai read whhh he basely,the oanklet e be a=taeted for aJMdeaurt marten In l,Lecv,✓1LZ Lopez- theUn.Raee..nprM.S. td d,the p do solemnly swear that I am oektot eseed'.oeeeeee.roh:s*edla to dm be sash rem.a et Ter eve dye tutor o4Cic.t %Yk3 . of THE NORTH WELD HERALD; that the raeherap.Theeeetd aeeet same is a weekly newspaper printed, in whole or in part, and reporter shell be brae byegeetds the published in the County of Weld, State of Colorado, and has re IT ALsO by the that the ant and ea- a general circulation therein; and that said newspaper has so Commission bmayy hep Weld n n Ding exami ned a me been published continuously and uninterruptedly in said office of the Clerk to the Board of County County of Weld for afifty-two Cantennil aated In the was county period of more than con- Centennial Cater, 915 10th Street, Third secutive weeks next prior to the first publication of the floor,Graeby,tSlmade. • sDOCKET NO.87-2 annexed legal notice or advertisement; that said newspaper APPLICANT: has been admitted to the United States malls as second- (114. 22T.LIf and Seen M.E.Beecher 02.s.e Co class matter under the provision of the Act of March 3, 1879 22029 Weld ney County Road 76 • 8065 or any amendments thereof, and that said newspaper is a DAATTEi January weekly newspaper duly qualified for publlshin le al TIME:REQUEST:g g REQUEUse by Special Review • Dog notices and advertisements within the meaning of the laws kennel 465 dogs) of the State of Colorado. LEGAL DESCRIPTION: ears of the swv. of seed=26,TowwWp 7 Nara,Range 65 West of the 6th P.M.,Weld Canty,Colorado LOCATION:Approximately 3 silos east of That the annexed legal notice or advertisement was Eaton;north Of Weld County Road 76 and published in the regular and entire issue of every number of °"tdw°Wca°°tyoaad B RDOFCOUNTY said weekly newspaper for the period of irk Q ij COMNIMMONERS WELD cowry,COLORADO consecutive insertions; and that the first publication of said BY:MARY ANN FEUERST'EIN notice was in the issue of said newspaper dated COUNI7 CLBRIC AND RECORDER 1�.y�_ AND CLERK TO THE BOARD t J A.D., 19 BY:Mary Rae,Deputy and that the last publication f said notice was in the issue DM'ED:January 5,1987 p.11ahed January 15, 1967 In the North of said publication dated 0 t5 A.D., 19 wmdserold. In witness whereof I ha hereunto set my hand this 3-6/t. day of r1r:ti • A.D., 19 j. Gly,.Tux 4,11°- Oc&'ee e �YZnacfer • Subscribed and sworn to before me, a notary public in and for the County of Weld, State of Colorado, this /ST t day of JAv�i.� A.D., 19 17 )2 7 Tom•..- Notary Public `'? /1 Si , Cot„. My Commission Expires Ocf. 19, 1993 DATE: January '5 , 1987 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections , we have tentatively set the following hearings for the 21st day of January, 1987 , at 2: 00 P.M. Docket No. 87-1 - Henry J. and Susan M. Beecher - USR, Dog kennel (65 dogs) Docket No. 87-2 - New Creation Ministries and World Outreach Church - USR, Church and school OFFICE G/OO�F�. THE CLE TO THE BOARD BY: > Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COU tTY OL ADO ,&A/f/el T -7 .. Summary of the Weld County Planning Commission Meeting December 16, 1986 Page 2 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. Lydia Dunbar - yes; Ivan Gosnell - yes; Louis Rademacher - yes; Ann Garrison - yes; Jack Holman - yes. Motion carried unanimously. 4CASE NUMBER: USR-767:86:48 APPLICANT: Henry J. and Susan M. K. Beecher (T. J. Kennels) REQUEST: Use by Special Review permit for a 65 dog kennel LEGAL DESCRIPTION: Part of the SW}, Section 26, T7N, R65W of the 6th P.M. , Weld County, Coloraao LOCATION: Approximately 3 miles east of Eaton; north of Weld County Road 76 and east of Weld County Road 45 APPEARANCE: Henry D. Beecher, applicant, and Robert E. Ray, Attorney. Mr. Beecher reported he plans to put in ten dog runs to raise greyhounds to train. There are 18.6 acres on this site. He currently has eighteen dogs, but he wishes to enlarge his operation to a total of sixty-five dogs. There will be no other buildings erected at this site. There is a training track four miles south which he leases to train the dogs to run. The dog runs are enclosed with a fenced area. Only the dogs in training are housed overnight. The Chairman asked the applicant if he had reviewed the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff. He stated he has and does not agree with Development Standard #2 stating that all dogs must be housed at night. There will be a minimum of twenty-four dogs that will not be housed at night. Earl Anderson, greyhound raiser and trainer, reported he has been in the greyhound business for twenty-five years. NOTICE: 1:45 p.m. Paulette Weaver is now present. Mr. Anderson explained that young pups are not housed during the day. In the nighttime they have their insulated houses, but they are not locked in. Robert Ray explained that the operation of the kennel will not interfere with oil and gas drilling rights. Summary of the Weld County Planning Commission Meeting December 16, 1986 Page 3 AMENDMENT: Ann Garrison moved Development Standard #2 pertaining to all dogs being confined indoors during nighttime hours be deleted. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. AMENDMENT: Ann Garrison moved a new Development Standard 1/2 and a new Development Standard /:3 be added to read as follows: 2. The maximum number of dogs allowed out of the enclosed kennel between the hours of 10:00 p.m. and 6:00 a.m. shall be 32. 3. A six (6) foot high by one hundred fifty (150) foot solid wood fence shall be constructed between Weld County Road 76 and the kennel area. If complaints, in writing, are received by the Department of Planning Services about noise coming from the kennel, a six (6) foot high solid wood fence shall be construct around the kennel and run area. and that all following standards be numbered consecutively. Motion seconded by Lydia Dunbar. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked that reading of the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff be dispensed with and that they be filed with the summary as a permanent record of these proceedings. Summary of the Weld County Planning Commission Meeting December 16, 1986 Page 4 Tape 262 - Side 1 MOTION: Louis Rademacher moved Case Number USR-767:86:48 for Henry J. and Susan M. Beecher (T. J. Kennels) for a use by Special Review permit for a sixty—five dog greyhound kennel be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, as outlined by the Department of Planning Services staff and the development standards as outlined by the staff and amended by the Planning Commission, and the testimony heard by the members of the Planning Commission. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. There was no further discussion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lydia Dunbar — yes; Ivan Gosnell - yes; Louis Rademacher - yes; Paulette Weaver - Abstain, because she was not present to hear all of the testimony. Ann Garrison - yes; Jack Holman - yes. Motion carried with five voting for the motion and one abstaining. CASE NUMBER: USR-768:86:49 APPLICANT: Charles Hobday REQUEST: Use by Special Review permit for a recreational facility (recreational train facility) LEGAL DESCRIPTION: Part of the SE} of Section 30 and the E§ E} E} of Section 31, T2N and the EI E} NE} of Section 6, T1N, all in R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles west of Hudson, north of State Highway 52 APPEARANCE: Don Drawer represented the applicant. This railroad has been in existence since 1966 as a hobby. They now want to open a school to teach students how to operate a steam engine. They have an engine and two miles of track. The engine is diesel so the danger of fire caused by sparks is very small. There are some old buildings. Some have been moved in and others have been constructed. They are presently operating under a nonconforming use permit, but now that they want to run the school they need a Use by Special Review. They would like to house their first students in Fort Lupton. The Health Department has given them permission to install cisterns for water as long as they are checked regularly. Also, the steam locomotive uses a lot of water and a well may not supply sufficient amounts of water. They have some track, etc. , stacked outside and they do not want to fence it because they don't want it to look modern. They want it to look authentic. , BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Louis Rademacher that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: ;"" " r CASE NUMBER: USR-767:86:48 NAME: Henry J. and Susan M. K. Beecher (T.J. Kennels) ' DEC 1 91986 ADDRESS: 22029 Weld County Road 76, Eaton, CO 80615 caL ? O.!n cteft.EY. COLD. REQUEST: A Use by Special Review permit for dog kennel (65 dogs) LEGAL DESCRIPTION: Part of the SW} of Section 26, T7N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of Eaton; north of Weld County 76 and east of Weld County 45. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies that the use does not infringe on the continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment; - The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review; - The activities proposed will be compatible with the existing land uses, as well as with the future projected development in the immediate area. The proposed use will not have any significant traffic or noise impacts; - The proposal was reviewed by the town of Eaton. The Town of Eaton representative, Mr. Gary Carsten, has no _objections to this proposal; - No overlay districts affect the cite; and ,xi//8i7 Henry and Susan Beecher USR-767:86:48 Page 2 Use by 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: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Evidence shall be submitted to the Department of Planning Services within thirty (30) days from the date of approval by the Board of County Commissioners that an ISDS Evaluation has been completed on the existing septic systems. 4. Prior to the recording of the plat, the required septic permits shall be issued. 5. Prior to recording the Use by Special Review plat, the applicant shall sumit a waste disposal program to the Weld County Health Department. The program shall be approved by the Weld County Health Department and a copy of the program shall be included with the application materials on file in the Department of Planning Services. Motion seconded by . NOTE: For Passage Abstain Against Passage Lydia Dunbar Paulette Weaver Ivan Gosnell Louis Rademachr Ann Garrison Jack Holman Henry and Susan Beecher USR-767:86:48 Page 3 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 December 16, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 17th day of December, 1986. �_®ll, - � 'loo 1 -Bobbie Good Secretary DEVELOPMENT _STANDARDS Henry J. and Susan M. K. Beecher (T.J. Kennels) USR-767:86:48 1. The Use by Special Review permit is for a dog kennel as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. The maximum number of dogs allowed shall not exceed sixty-five (65) . 2. The maximum number of dogs allowed out of the enclosed kennel between the hours of 10:00 p.m. and 6:00 a.m. shall be 32. 3. A six (6¢) foot hight by one hundred fifty (150) foot solid wood fence shall be`"\constructed between Weld County Road 76 and the kennel area. If complaints, in writing, are received by the Department of Planning Services about noise coming frpm the kennel, a six (6) foot high solid wood fence shall be construct around the kennel and run area. 4. 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. 5. The method for final disposal of all wastes shall be in accordance with the Weld County Health Department. 6. Potable water shall be provided in Adequate amounts and free from contamination. 7. Exercise areas shall be of sufficient size to allow any dog to break into a run. 8. Building and grounds shall be kept clean, in good repair, and free of trash. All trash shall be removed on a weekly basis and disposed in an approved landfill. 9. The Use by Special Review permit shall not be transferable to any successors in interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. 10. All Construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. Henry and Susan Beecher ZTSR-767:86:48 Page 2 13. 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. 14. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 15. 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. • INVENTORY OF ITEMS SUBMITTED TOR CONSIDERATION Case Number Submitted or Prepared Prior to Hearing At Hearing 1. Application gr Pages 2, / Application plat(s) I Tage(s) • 3. DPS Referral Summary Sheet 4. PPS Recommendation • 5. . DPS Surrounding Propery Owner Mailing List !i/ • 6. DPS Mineral Owner-s Mailing List 7. g DPS Naps Prepared by Planning Technician 8. DPS Notice of Rearing 9. DPS rase Summary Sheet 10. DPS field Check 11. fly hW eg-x/Dom D6 tee///-/t--‘ -4,,7, 12. the Z}e/e7?oc t j 1/'¢//42,4 13. LA. 16. 17- 17. 19. 20. I hereby _certify that the /O 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 /,l/Iq 149 C/•eurrennt nQA-,eD, t Planner STATE OF COLORADO ) COUNTY rE WELD ) SUBSCRIBED AND SWORN TO 'BEFORE ME THIS 1c --. DAY OF _' c( VV i _a 1392k k SEAL 1� V iAck.— (It C) n NOTARY PUBLIC ++Y £flW!RcIon Erpnps My Commission Expires Feb. 13, 1989 EXHIBIT INVENTORY CONTROL SHEET Case t75/P- Sd J -Exhibit _Submitted By Exhibit Description 14A. an44, Snielenty044:07ca/ .40-4,2e-#S6 C. 47D. 7 it_E &eh igebtoO 72--3e.L ff. /zea,-2ey F. G. H. I. J. R. L. M. N. 0. ti Date: December 16, 1986 CASE NUMBER: USR-767:86:48 NAME: Henry J. and Susan M. K. Beecher (T.J. Kennels) ADDRESS: 22029 Weld County Road 76, Eaton, CO 80615 REQUEST: A Use by Special Review permit for dog kennel (65 dogs) LEGAL DESCRIPTION: Part of the SW} of . Section 26, T7N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of Eaton; north of Weld County 76 and east of Weld County 45. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies that the use does not infringe on the continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment; - The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review; - The activities proposed will be compatible with the existing land uses, as well as; with the future projected development in the immediate area. The proposed use will not have any significant traffic or noise impacts; - The proposal was reviewed by the town of Eaton. The Town of Eaton representative, Mr. Gary Carsten, has no objections to this proposal; - No overlay districts affect the site; and - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. Henry and Susan Beecher USR-767:86:48 Page 2 This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Evidence shall be submitted to the Department of Planning Services within thirty (30) days from the date of approval by the Board of County Commissioners that an ISDS Evaluation has been completed on the existing septic systems. 4. Prior to the recording of the plat, the required septic permits shall be issued. 5. Prior to recording the Use by Special Review plat, the applicant shall sumit a waste disposal program to the Weld County Health Department. The program shall be approved by the Weld County Health Department and a copy of the program shall be included with the application materials on file in the Department of Planning Services. DEVELOPMENT STANDARDS Henry J. and Susan M. K. Beecher (T.J. Kennels) USR-767:86:48 1. The Use by Special Review permit is for a dog kennel as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. The maximum number of dogs allowed shall not exceed sixty-five (65) . 2. All dogs shall be housed between the hours of 10:00 p.m. and 6:00 a.m. 3. 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. 4. The method for final disposal of all wastes shall be in accordance with the Weld County Health Department. 5. Potable water shall be provided in adequate amounts and free from contamination. 6. Exercise areas shall be of sufficient size to allow any dog to break into a run. 7. Building and grounds shall be kept clean, in good repair, and free of trash. All trash shall be removed on a weekly basis and disposed in an approved landfill. 8. The Use by Special Review permit shall not be transferable to any successors in interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. 9. All Construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 10. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 11. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 12. 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. Henry and Susan Beecher DSR-767:86:48 Page 2 13. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 14. The property owner or operator shall be responsible for complying with £11 of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. -LAND-USE APPLICATION SUMMARY SHEET Date: December 9, 1986 CASE NUMBER: USR-767:86:48 NAME: Henery J. and 'Susan-MK Beecher (T.J. Kennels) ADDRESS: 22029 Weld County Road 76 Eaton, CO 80651 REQUEST: A use by Special Review permit for -a 65 dog kennel. LEGAL DESCRIPTION: Tart of the SW1 of Section 26, T7N, R65W of t`-z 6th Y.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of Eaton, north of Weld County ic3 76, and east of Weld County Road 45. SIZE OF PARCEL: 18.59 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. 1$e Department of Planning Services staff has received a s- ecific recommendation from the Weld County Health Department. A copy :,5 this referral response is _included in this land use summary. She Department of Planning Services staff has not received a referral response from: - Greeley Soil Conservation District; - Colorado Department of Health; and - Eaton Fire Protection District. Y c\ DEPAF, vi—NT OF PLANNING SERVICES s V1 PHONE(303)356-4000 EXT.4400 915 10th STREET 1. GREEL₹Y,COLORADO 80631 to • COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on December 16, 1986, at 1:30 p.m. to review a request for approval of a Use by Special Review Permit for a 65 dog kennel from Henery J. and Susan F3; Beecher (T.J. -Kennels) the parcel of land is described as part of the SW} of Section 26, T7N, R65W of the 6th P.M. , Weld County, Colorado, containing 18.59 acres, more or less. The property is located approximately 3 -miles east of "Eaton, north of Weld County Road 76, and east of Weld County Road 45. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, -before the above date -or presented at the public hearing on December 16, 1986. Copies of the application are available for public _inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by November 9 20, 1986 Received by: C7� 1 jj. ��C e Date: - �/ I - IC( 1 Ii . c�r, rt U , ' � . . • o R . , .•15 • F 4 F° • �9 G . pp QD F° �. yp pE Ii • -;--N '. �� 20 J x :334`�i, .- g . •'•t _ a 22 ShrOb 4 \ '" 471...,• • K , (7°j j 9 c , • y� ', Sap .2-� `'• -r itik . �'p'': a - x l.F�._a. a•‘I • x : • •`\ 2, ... 30 19 x. �J ' \Q ... ;YVo roa..F • •�, BFI ir K• ` C r`l /,z ,...d...„ 33 34 p 2,'V.42- a 5, 32 •4 I:h3 : • 203 • • r :. •• • • 3 ,4 • 3 • so•t. ;IA/82, a \.. . ° �. -0' ''NY l O F s 1.9 p. 8,\ '▪a� ° • J c/ PPP- 1 4‘14„ vti a •• • lc- • �� ;"- ▪� _�- xo ' p 0 • Iga• t a s o..l. � MM xb • -29. :g• :),79- •2� J '!Y r'j ° • jil �1 2{ 2, X qq S. • it .i •- a y .a . °' •a .. a. p• . -. -.J1.-2. tl: ' •ap % • •. ti sree� � \\ y °•` 8,4 a i t� °. °.° pypyp a •a pry[ - p. "; co„°/ • - •• TO • y 2 � y (02 �>, ° ,. 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T+w .yoG -m nkY st \ h4.�• aFw t .{ l ha > rr .' 4 ` r � u `t. fiat. £ T -tY #.^ i sC .Art L •zsy pF . ,,� e1 p4wwhh r . u1 tG ♦ t • <. x at f :39 f y, S - .,� .w�- -- _ _ - " , # f• e *G ....3.9.7.1.71,71,4.01." -4O,: , p�-- Y"k'� �"r. v rn ':N it 'fC K-4 "� ,cwt Th AS �' 40, i* i, REFERRAL LIST APPLICANT: Henery J. and Susan MR Beecher (T.J. Kennel-s) CASE NUMBER: USR-767:86:48 SENT -REFERRALS OUT: REFERRALS TO BE RECEIVED -BY: November 21, 1-986 NO RR NR NO SR NR Y X Cannty attorney - v/ / 1//t X Weld County Health Dept. X Engineering Department X County Extension Agent (% X State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 X Greeley Soil Conservation District 4302 9th Street Road Greeley, CO 80631 X "Colorado Department of -Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 X 'own of Eaton Gary Carsten P.O. Box -946 Eaton, CO 80615 X l'EaEa�ton Firs Protection District c/o Reuben Bobb Route 1, Box 30 Eaton, CO 80516 X Eolorado Racing Commission Attention: Gene Moorie 1525 Sherman Street Room 110 Denver, CO 80203 NO=No Objection SR=Specific Recommendations NR-No Response A:cp,,,, m ) or pit n DU I i;k��'��a aftember To Weld County Planning Date 18, 1986 CL 3,x COLORADO From Health Protection Services A/{ Subject: Case Number: USR-767:86:48 Name: 2eecher, Henery J. and Susan MK, (T.J. Kennels) Colorado Health Department Regulations specifically Exempt greyhound kennels from compliance monitoring by this Department. You may wish to contact the Sblorado Racing Commissi-on to determine if there are any concerns they have with the -proposed application. From the information received by this office, I have the following comments: 1. It should be determined that the water to be provided the animals As potable. 2. The installation of the proposed new indivi-dual sewage -disposal system for animal wastes -should be -permitted and -approved by the Weld County Health IDepartment, and be engineered designed. 3. Animal wastes need tote disposed -of in such a manner as not to cause a public health nuisance. 4. An ISDS Evaluation will be necessary prior to issuing the required septic permit on the existing system. By Direction of: Ralph R. Wooley, M.D. , Director II,,,, , :,y/� l II ! l L; t ' NCIG Co. uhil.:r,,4 ui,;rmissim, �., ..� SURROUNDING PROPERTY OWNERS Henery J. and Susan MK Beecher (T.J. Kennels) USR-767:86:48 Metropolitan life Insurance Company P.O. Box 159 Grand Island, NE 68802 Fred E. and Marie Schmidt 22350 Weld County Road 76 Box 184-A Eaton, CO 80615 Jack and Carol L. Brunz 37412 Weld Connty Road 45 Eaton, CO 80615 Wayne L. and Edna I. Bethurum Box 248 Greeley, CO 80632 Harold A. and 7udy C. Harper Harper Livestock Company Box 922 Eaton, CO 80615 Judith Marie Aylsworth 375 Ash Court Eaton, CO 80615 Sue Skaley 375 Ash Court Eaton, CO 80615 Janey Suidow 375 Ash Court Eaton, CO 80615 SURROUNDING MINERAL OWNERS Henery J. and Susan MK Beecher (T.J. Kennels) USR-767:86:48 Gladys Frost 1215 23rd Avenue Greeley, CO 80631 Ruby VanBuskirk 2115 11th Street Greeley, CO 80631 Beulah Carlson Route 1, Box 186 Eaton, CO 80615 Virginia Baltz 6864 Urban Street Arvada, CO 80002 Barbara Franks 356 West Biesell Avenue -Richmond, CA 94802 Henry J. and Susan M. K. Beecher 22029 Weld County Road 76 Eaton, CO 80615 General Atlantic Energy Corporation 511 16th Street Suite 500 Denver, CO 802-00 SPECIAL USE PERMIT APPLICATION OF HENRY J. BEECHER AND SUSAN MK BEECHER WE, THE UNDERS.T NED, hereby request hear' gs before the Weld County Planning Com. _ssion and the Weld Cous.— Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County, Colorado: Lot B of recorded Exemption No. 0709-26-3 2E �5, being a part of the SW 1/4 of Section 26, _Township 7 North, Range 65 West of the 6th P.M. , Weld County, Colorado, except the South 30 feet thereof, as conveyed to Weld County by Quit Claim Deed recorded in Book 250 at Page 216, Weld County Records ( aka 22029 WCR 76, Eaton, Colorado) . Present Zone - Agricultural Total Acreage — 18. 59 acres Proposed Land Use - Greyhound farm Existing Land Use - pasture (grass/hay) SURFACE FEE (PROPERTY OWNERS ) OF AREA PROPOSED FOR REZONING: Henry J. Beecher and Susan MK Beecher 22029 WCR 7b Eaton, Colorado 80615 1-454-3891 (Home) 1-353-9000 (Work) OWNERS AND/OR LESSEES OF MINERAL -RIGHTS ON OR UNDER THE SUBJECT PROPERTIES -OF RECORD: United States of America (Coal only) Thelma Franks (address unknown) Gladys Frost, 1216 23rd Avenue, Greeley, Colorado Lema Small (address unknown) Ruby VanBuskirlc, 2115 11th Street, Greeley, Colorado Beulah Carlson, Route 1, Box 186, Eaton, Colorado Virginia Baltz, 6864 Urban Street, Arvada, Colorado (7- James Franks (address unknown) Barbara Franks, 356 W. Bi, sell Ave. , Richmond, California '. Henry J. & Susan MK Beecher, 22029 WCR 76, Eaton, Co. _Lessee: General Atlantic Energy Corporation, 511 16th Street, Suite 500, Denver, Colorado. - WE hereby -depose and state under the penalties of perjury that all statements, proposals, attachments and/or plans submitted with or contained within this application are true -and correct to the rt o t:°rr e. � _ Henr J Beecher Susan MK eecher . Owner/A licant Owner/App .cant State of Colorado )ss County of Weld Subscribed and sworn to before me /this /7.../Lt day of September, 1986 . My commission expires ;,/s Witness My Hand and Official Seal. ( SEAL ) No a, A. Public L STATTTMENTS IN SUPPORT OF APPLIC ' ION 1 )a) A statement which explains that the proposal is consistent with the Weld County Comprehensive Plan. Weld County, the largest agricultural county in Colorado, states in its Comprehensive Plan the desire and intent to encourage agriculture and farm use. The proposed used requested herein to raise greyhounds on a portion of the existing farm is consistent with these aims. The remaining portion, not used for the greyhounds would remain as pasture land which would benefit other farm enter- prises dealing with cattle, horses and/or sheep. Additionally, such a business would be beneficial in that money would be circulated throughout the county via commission checks received and company business incurred; and, makes available capital for the investment of others by banking locally. 1 )b) A statement which explains that the proposal is consistent with the intent of the district in which the USE is located. The farm owned by the applicants is located within an agricul- tural zoning district, with the towns of Galeton and Eaton being the closest communities (4 miles east, 5 miles west, respectively) . ( The City of Greeley is approximately 12 miles southwest and is easily accessible. ) These areas are primarily farming together with the raising of cattle, horses, sheep, etc. , which the pastureland of the applicants ' farm would be a compatible part. The small portion to be used by the greyhound raising business as proposed is not incon- sistent with the District' s activities and/or intents due to its small size. 1 )c) A statement which explains that the USES which would be permitted will be compatible with the existing surrounding land uses. The existing land uses surrounding the applicants ' farm are predominately pasture land; field crops; sheep and cattle opera- tions. A large portion of the applicants' farm is in pasture, thereby making it similar and compatible with the surrounding farms. The proposed greyhound portion would not be a detriment to such surrounding farms/businesses as it is only a small portion of the total land available. 1 )d) A statement which explains that the USES which would be permitted will be compatible with the 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 affected municipalities. The closest col* sniti-es are Galeton and T ton. Both communi- ties are largely a, ociated with farming anc foster the further development o₹ agricultural and farm operations as does Weld County. Therefore, to use a portion of the applicants ' farm to raise grey- ₹iounds would not be inconsistent nor detrimental to either communi- ty. Further, no -problems have arisen between the applicants ' farm and the communities of Galeton and Eaton for the past three years ( since the purchase of the farm) and none are anticipated in the future. 1 )e ) A statement which explains that the application complies with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations if the proposal is located within any Overlay District Area identified by maps officially adopted by Weld County. The applicants ' farm is not located within any Overlay Dis- trict, to the best of their knowledge. Therefore, compliance with the Weld County Zoning Ordinance, Section 50 regarding environmental hazards need not be discussed. 1 )f) A statement which explains that if the USE is proposed to be located in the "A" District that the applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed USE. The applicants ' farm is located within an "A" District (agri- cultural ) although the portion on which the proposed greyhound facilities would be located probably would not be considered prime crop land due to the inaccessibility of sufficient water rights for irrigation purposes. Nevertheless, all land not taken up by the proposed greyhound business (kennels, dog houses, runs, residences, barn, shed) and supporting facilities is used as pasture land, being a -mixture of grass hay and alfalfa. A diligent effort has been made to conserve and maximize the hay and alfalfa on all land not to be employed in the greyhound business. The proposed greyhound facili- ties (dog runs) to be built, would lessen the plantable acreage of the pasture land, but only by a parcel approximately 106 feet X 100 feet. Such land loss is relatively minor in relation to the already existing facilities, structures and roads already established. 1 )g) A statement which explains that there is adequate provi- sion for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. The greyhounds are always kept either in secured buildings (kennel or other supporting facilities ) or within 5 ' high fenced runs with gates that are securely locked. Additionally, the fronts of each of the runs go or will go into a parcel of land (designated as an exercise field/sprint field) , again fenced and gated, that comprises an area of approximately 228 feet 1 - 156 feet, thereby -eliminating any pos ole "free-roaming" of a ,,reyhound throughout the neighborhood and county. The pasture land adjacent to the runs and sprint field is also fenced along the north, east and west property lines. Having been associated with the greyhound business for several years, cleanliness and safety are two of the utmost concerns of the applicants. All greyhound puppies are placed on a strict vaccine time schedule from the time they are approximately 6 wks old until after they are 3 months old. The vet on call, Larry Goettsch, D.V.M. , in Ault, is merely 8 miles away in the event a greyhound would show any signs of illness or injury. It is also planned by the applicants to totally surround the entire farm ( 18 . 59 acres ) with 4 ' high, strong, durable fencing with the access points (driveways) to have well secured gates in the event a greyhound would "escape" into the pasture. This is highly improbable as greyhounds are easily handled, trained and are not vicious in nature towards human beings. Further, the greyhounds, at approximately 12 months old, are collared and muzzled for their own protection as well as for the protection of others. At this point in time, the females are also given shots so that they do not come in season, thereby eliminating random breeding and the enticement of stray dogs to the area. Applicants, over the past 3 years, have had 5-8 greyhounds on the farm at various stages of development with no problems or complaints arising for or from the inhabitants of the neighborhood and/or county. No future problems are anticipated. As an example, this operation is family run by applicants and their three children, aged 18, 13 and 6. These children each have teen around greyhounds since they were very small as their grandfa- ther, Earl Anderson, raised greyhounds at 33698 WCR 47, Greeley, Colorado, commencing in approximately 1967 through 1983. Throughout those years, no problems or injuries were incurred relative to the health or safety of the children who were around greyhounds of all ages and "personalities" . Since, at present, applicants are on the "ground floor" of the greyhound business, contributions to the well being of this area through increased economic health, property taxes and donations to philanthropic causes has been relatively small. It is reasonable to assume, however, that with the further growth and development of the business, such economic and social benefits to the surrounding communities and Weld County will be expanded. 3 ) A certified list of the names, addresses and the corre- sponding Parcel Identification Number assigned by the Weld County Assessor of the owne- of property (the surface state) within live hundred ( 500) feet o_ the property subject to ti.c application. Such certified list as prepared by Weld County Title Insurance Company, 1221 8th Avenue, Greeley, Colorado is attached hereto and incorporated herein by reference. 4 ) A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. — — — Such certified list as prepared by Weld County Title Insurance Company, 1221 8th Avenue, Greeley, Colorado is attached hereto and incorporated herein by reference. 5 ) A detailed description of the proposed operation and USE shall be supplied. a) Type of use. Applicants ' farm (TJ Kennels ) is a greyhound breeding and raising farm whereon two - three litters per year (average size of a litter is usually eight puppies) would be whelped, raised and trained. The average length of time from whelping until the grey- hounds have been trained sufficiently to be leased to a racing kennel is fifteen months. The racing greyhound business in the State of Colorado is a thriving business bringing in millions of dollars from race track revenues from Loveland, Denver, Pueblo, Colorado Springs and Byers, Colorado. It is a reasonable assumption that a portion of this revenue directly relates back into the state revenue funds as received by Weld County, Colorado. The main kennel will be a well heated/cooled building that at one time was a labor house and later was used for a rental resi- dence. It is carpeted and well ventilated with six adequate win- dows. It is the central location for all greyhound supplies and food with two freezers, refrigerator, stove and adequate wash- ing/bathroom facilities. Additionally, there is adequate sewage facilities as this structure has its own septic tank/leach field. Directly to the north of the proposed main kennel is a row of large matured olive trees providing shade as well as a windbreak. The main turnout are will be a fenced area approximately b6 feet by 52 feet. The outside entrance to such area will be by a chain link 5 ' locked gate. The proposed main kennel as well as the secondary kennel to the east will have direct access to the turnout area so that the greyhounds will be taken from their kennel boxes (measuring 42" by 42" ) , through a set of double doors and then outside. At all times, these animals are fully supervised. They are turned out at least four times ea- '1 day for elimination pu oses, watering and mild exercise. The _me frames associated wit_, these turnouts are at 5:30 a.m. , 11 :30 a.m. , 4:30 p.m. and 9 :30 p.m. They remain outside for at least thirty minutes each turnout, although this largely depends upon the weather conditions, i.e. , it could be slightly shorter or longer. The greyhounds to be kept at the proposed main kennel are -comprised of brood stock, stud dogs and greyhounds being trained for racing. The "trainees" will remain there until they are approximate- ly fifteen months old at which time they are leased to racing kennels. The same theory that applies to -any animal being raised, be it cattle, horses, sheep, etc. , applies to greyhounds in that `the largest costs incurred are for feed and veterinarian _costs. The aim to be achieved is to produce a healthy well nourished animal . As applicants ' business grows, the secondary proposed kennel (which at one time was a garage and is a well built building) will be used either for housing additional greyhounds or for a storage facility to accomplish the purchase of large portions of the feed and meat used, thereby, economizing on such feed costs. Minor improvements will need to be made to this building, i.e. , placing concrete on the floor instead of the existing dirt, insulation and an additional door leading into the turnout area referenced above. The present "turnout building" is to the east of the large shed and already has a turnout area for the dogs. It is anticipated that such structure will be further insulated and divided in half so as to provide the facilities for whelping two litters of puppies at a time. An additional turn out area will be provided for these smaller puppies so as to keep them separate from the older dogs. At approximately 2 - 3 months old, each litter is moved to a dog run where they complete their growth and become accustomed to their accommodations. Each dog run is 100 feet long, has approximately 4" of sand and has an insulated dog house, 8 feet by 8 feet, which is kept full of straw for their comfort and warmth. Each dog run is securely fenced with 5 ' high fencing with a chain link locked gate. When they -approach 3 - 4 months old, the mothers are removed and the puppies are exercised in the large exercise area ( sprint field) once a day. Each dog run accesses the exercise area thereby eliminating the chance of losing a dog due to excessive handling. At approximately 6 - 7 months old, training begins with a mechanism which is also operated within the exercise area. This continues until the- proceed to the main kenr 1 . Usually at this stage, the litters z. split so that there are only 3 dogs per run. Ala dogs, at whatever growth stage, are handled daily and are very intelligent, friendly animals. b) ='roximity of the proposed USE to residential STRUCTURES. Presently on the farm, there is one residential structure which is within 120 feet of the proposed main kennel and secondary kennel and within 79 feet of the proposed brood facilities. The large exercise are ( "sprint field" ) and the first of the dog runs are approximately 99 feet from this residential structure. A barn presently exists, being 240 feet from the residential structure and it is anticipated that this building will , at some point, be used as a facility for hurt -or sick animals since it is well away from the other greyhound facilities thereby eliminating additional injury or possible contagion. The other private residences not associated with this farm which are within 1/2 mile of the proposed USE are reflected on the attached certified list prepared by Weld County Title Insurance Company. These resi-dences have been in co-existence with our farm for the past three years with continued attention and emphasis to sanitation, safety and landscaping. Applicants have, at this point in time, accomplished the following relative to that goal: level- ing, weed eradication, home, building and structural improvements, painting, repair, fencing, the addition of extra water hydrants, planting of shrubs, trees and flowers. The local residents and neighborhood will not experience any degradation in the quality of their home environments as applicants fully intend to continue with the repair, maintenance and landscaping of the farm and structures thereon, thereby increasing the quality of the environments of the _local residents and neighborhood in general. c) The number of shifts to be worked and the maximum number of employees. As stated previously, this is a family run operation which includes both applicants, Henry J. Beecher and Susan MK Beecher, and our three children, Leslie, 1-8; Cindy, 13; and Sam, 5, thereby making five "employees" . At no point do we anticipate having such an enlarged operation that would call for any outside employment, excluding however the occasional hiring of professionals to do construction, specific improvements or assisting with the training of the greyhounds. d) The maximum number of users, patrons, members, buyers, or employees. We supply greyhounds to only a handful of racing kennels. It is conceivable that ,v kennels could be gained .ith an expansion of the farm, but current racing kennels would be expected to absorb the bulk of such increases. it is difficult at this time to state the maximum number of -potential racing kennels with much certainty, but a seasonable figure might be five with one or two absorbing 80 - -90% of our raised greyhounds. Our greyhounds are currently leased to the Duran Brothers Kennel in Pueblo, Colorado; Ed Robinette, Phoenix, Arizona; and, Richard lueck, Black Hills, South Dakota. Because we also lease the Anderson Training 'Track located on Weld County Road 47 (4 miles from our farm) , good "PR" is ongoing and there are non-ceasing, expedient ways of accomplishing the leasing of our race dogs. 5 )f) Types and maximum numbers of animals to be concen- trated on thesite at any one time. — — It is anticipated that 2 — 3 litters will be raised each year. Depending upon the size of each litter, this could maximize at 30. Additionally, on hand, there is anticipated to be -brood stock, stud dogs, and racers home for addition-al training or recuperation. It is hard to project such numbers, but we would request a 65 dog permit at this time. This figure -should not constitute our stead- fast intent, taut rather would allow us to grow, to be flexible and able to make long range plans, and not -to be overly constrained by limits. Expansion would be periodic, with gradual, even growth, based upon the growth -of the racing greyhound industry in the State of Colorado and the -United States. At all times, we will make a concentrated effort in all areas to do the best job possible. Further economics of scale; larger, more efficient equipment, added expertise, more thorough and efficient use of resources and f acili- ties; and a stronger market will all contribute to continued -success and an orderly expansion. 5 )g) Type, number and USES of the -proposed STRUCTURES to be erected. — — — We presently have two dog runs ( each 100 feet long) with a double dog house in each run. She proposed special use permit would allow the orderly construction of eight more runs, each to have a double dog house within. These proposed slog runs may not all be needed for a period of time; nevertheless, that is the maximum number envisioned at present. It should be noted that our request is in anticipation of long -term possibilities. All future expansion and development will be gradual, -most likely periodic, and financially and envi-nnmentally sound. We simp • desire to have the option to expand, -t ., freedom to make long ;.,.nge plans, and the ability to remain competitive and progressive in the greyhound business. 5 )h) Type, size, weight and frequency cf vehicular traffic and access routes that will be utilized. Access for vehicular traffic to and from the farm is via County Road 115 and County Road 76. About one mile south from applicants ' farm is Road 74 leading east to Galeton, west to Eaton and southwest to Greeley. Personal passenger cars and pickups account for most of the daily volume - of traffic. Occasionally various service vehicles visit the farm (dog meat truck, garbage truck, sand -delivery truck, etc) but these are no more frequent than once per week. We have access to a tractor and the attachments thereon for purposes of clearing the snow from our yard, access points to the kennels and flog runs as well as the access points on Roads 45 and 76. It is imperative for us to have facilitated access at all times. 5 )i ) Domestic sewage facilities. We use -no city or county sewage system, instead, relying on a number of on-farm systems to handle waste water requirements. 'The main residential house has two ( 2 ) septic tanks and leach -fields. The proposed main kennel has its own septic tank and leach field. It is believed that the present systems and capacities thereof would be adequate to handle the needs of any foreseeable expansion. 5)j ) Sise of stockpile, storage, or waste areas to be utilized. We maintain one storage area are present being a large closed, metal shed with concrete flooring. at is approximately 30 feet by 70 feet in size. At present, all equipment and feed are stored there. This -maintains security and the asthetic appeal of the farm. The removal and disposal of waste and trash created by the greyhounds is accomplished as hereinafter stated in 5 )-k) . We continually strive to maintain a clean and attractive business on our farm. 5 )k) Methods and time schedule of removal or disposal o₹ debris, junk and other wastes associated with the proposed USE. Waste and trash created by the grsyhoundr is the predominate material needed to be removed and dealt with. ___is accumulates on a daily basis in the dog runs and turn out areas. It is picked up manually into large 5-gal tuckets whereafter it is secured in -heavy plastic bags and placed in applicants ' dumpster to be picked up weekly. This greatly reduces any odor or attraction of flies. Any expansion would create additional waste and trash. Removal and disposal of these increased amounts will be -handled in the same manner, just in larger guantities. 5 )1 ) A timetable showing the periods of time required for the construction of the operation. A time table describing the construction o₹ further facilities with specific dates and projections cannot feasibly or readily be given at this time. It is known that within the next six months two of the eight proposed dog runs with houses will be constructed. -Rather, it is applicants ' request that freedom to expand if the racing industry dictates, be given. It is anticipated that the total gradual and periodic development of "TJ Kennels" will probably require 5 - 7 years. This gradual and periodic development will be based upon need, time and finances. 5 )m) Proposed ZANDSCAPING plans. We are committed to having a clean, well maintained, -estheti— c-ally pleasing greyhound farm which the neighbors and close communi- ties can be proud of. We have, over the past three years, primarily teen concerned with the following accomplishments: a) New front porch and rain gutters; b) Eradication and control of weeds and debris; c ) Painting existing structures; d) Repairing existing structures; e) Landscaping with shrubs, bushes, trees, flowers; f) Fencing; g) Additional water hydrants; and, h) Additional outside lighting. Additional landscaping and private fencing will be undertaken simultaneous with any development of the greyhound portion of the farm. Additionally, the large exercise area ( sprint field) will be placed in pasture grass to be more esthetically pleasing. 5 )n) Reclamation procedures to be employed as stages of the operation are phased out or upon cessation of the USE by Special Review activity. — — — In the event gr -yhounds were no longer r aed on the farm, a possibility would be _o remove the dog runs ant, covert that portion of the land back into pasture. 5 )o) A description of the proposed fire protection measures. We are within the North Weld Water District and the Eaton Fire Protection District. Additionally, there are presently four water hydrants on the farm that could be used to contain and/or protect against fire as well as a sand pile close to the dog runs which could also be used. We anticipate the addition of at least two more water hydrants and the placement of portable fire Extinguishers in each structure used for the greyhounds. Additionally, we are on careful watch at all times for any fire hazards. tach existing structure has 2 doors and/or large windows for possible escape in case of a fire. No fires have occurred to date and we have every intention of preventing any from ever occurring. All future -development will provide measures, equipment, safeguards and continued attention to fire prevention and control . 6 ) Use jy Special Review permit Plan Map. See Map (original plus 15 ) as prepared by McRae and Short tendered simultaneously herewith. 7 ) Supporting Documents. a) Not Applicable. b) Proof that a water supply will be available which is adequate in terms of quantity, _quality, and dependability — see the attached letter from the North Weld Water District. c ) A copy of the warranty deed granting interest in the property to the applicants is also attached. d) Not applicable. e ) Not applicable. ADDITIONAL REMARKS. The greyhound business we are trying to develop, at present, represents 2D - apt of our livelihood. It is anticipated that at the point in time when full development and expansion -has occurred, within the time fram- - stated above, the greyhr Ad business will be equal to 100% of our _svelihood. PERSONAL PROFILES OF APPLICANTS. Henry J. Beecher is a Vietnam vet who retired as -a Master Sergeant from the -United States Air Force in 1980 with an honorable discharge and several medals for over 20 years of service. At the present time, he leases the Anderson Training Track ( a schooling track for greyhounds throughout the State of Colorado as well as neighboring states) and is employed by RE-9 School 'District. Susan MK Beecher was raised in Weld County, Colorado and graduated from Eaton High School in 1965. For approximately eight years, she has been with the law firm of Harlan C. Stientjes and Pamela A. Shaddock in Greeley, Colorado; Certified Legal Assistant ( 1985 ) ; Weld County Legal Secretary of the Year ( 1986 - 2nd) ; Vice-President of the Weld County Legal Secretaries ' Assn. as well -as the Day-In--Court/Court Observance Week Chairman, Seminar/Program Chairman; member of the Legal Assistants of Colorado; Weld County Partners ' (Superstars ) team captain; part-time student at the University of Northern Colorado (4.-0 average ) , majoring in criminal justice and minoring in psychology with the intent to go on to law school. Leslie Eeecher ( 18 ) graduated from Eaton High School in May, 1986 in the top twenty of her cl-ass with academic recognition in English; and, plans to go to the University of Northern Colorado commencing winter quarter with a major in _German. Cynthia Beecher (13 ) is an 8th grade student at -Eaton Middle School, past member of the Girl Scouts and presently on the junior varsity basketball team and the Eaton Middle School Band. Samuel Beecher ( 6) is a 1st grade student at Galeton Elementary School. 'TTACHMENTS -TO APPLICATION 1 ) Matter regarding water service - North Weld County Watsr District 2 ) Affidavit of Interest Owners/Surface Estate and mineral interest owners - Weld County -Title Insurance Company 3 ) Warranty Deed (copy) BOARD OF DIRECTORS "�� ERNESTTK36ES DiCtr NORTH WELD COl1NTY WATER DISTRICT ALEX)4EIDENREK:H "4", 4.1 RGSERT-AU(IRE .q . V HIGHWAY 85 LUCERNE.COLORADO 80848 GARY SIMPSON 4 LYLE NELSON,MGR. W.M.McKAY ,, ,.. P.O.BOX 56 - PHONE 358.3020 July 30, 19_86 RE: Water Service : Henry & Susan Beecher Dear Sirs, This letter i-s in response to your inquiry regarding water service to the following descri-bed property : • METER #1356 Lot B Recorded Exm: . 0709263 RE :-95 SWq Sec . 26-7N-65W 22029 WCR 76 • 1 . X Water service is presently being provided to the above described property. 2. X Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter , this letter shall become null and void . Additional comments: Sincerely , • NORTH WELD COUNTY WATER DLSTRICT Ly: D. Nelson , Manager LDN/wb This is to certify that an update search on the -Affidavit of Interest Owners Minerals and/or subsurface from July 7, 1986 @ 7:00 A.M. to July 30, 198_6 @ 7:00 A.M. has leen done and that no changes of ownership have been found other then the correction of the -miner-al owners a copy of which is attached hereto. Weld County Title Company Trudy L. .l?eis litle Examiner The foregoing instrument was subscribed and sworn to before me this -Rtk. day of August, 1986 by Trudy L. Meis, Title Examiner for Weld County Title Company. : Witness my hand and official seal '•My(Commission expires: 94L� �G , - >�J�.. Notary Publf�c� 1221 8th Avenue Greeley, CO 80631 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Tot B of Recorded Exemption No. 0709-26-3-RE 195, being a part of th SW1/4 of Section 26, Township 7 North, Range 63 -Jest of the 6th T. M. , Weld County by Quit Claim Deed recorded in Book 250 st Page 216, Weld County -Records. STATD DF COLORADO sa. • COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the att-aches! 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 owner-s of property (the surface estate) within five hundred (500) feet of the property sub-ject to the application. This list was tompilesl 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 teen assembled -within thirty (30) days of the application submission 'date. Weld County Title Company By G Trudy B. is, Examiner The foregoing instrument was subscribed and sworn to befor,e`me [his 7th day of July , 1986 . WITNESS myhand and official seal. My Commission -expires: bar /WY' ..fie, N tr y -Public EE OF ¶'TZEES OF DPOPEF.TY WITHIN 500 FEE— Please print or type NAME ADDRESS, TOWN/CITY, • ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION r • 62070935000006 Metropolitan Life Insurance Company P n Jtnv 1 5S r=ranA Tclnln Nebraska 68802 Fred E. & Marie Schmidt 22350 WCR 76, Box 184-A Eaton, CO 80615 62070926000024 -Jack & Carol L. Brunz _ 37412 WCR 45, Eaton, CO 80615 620709260D0019 Wayne L. & Edna I Bethurum Box 24$, Greeley, CO 80632 62070926000017 Harold A. & Judy C. Harper Box 922, Eaton, CO 80615 62070927000020 dba Harper Livestock Co. Judith Marie Aylsworth an undivided 375 Ashcourt Earon en 8n615 620704940710011 1/3 interest Sue Skaley -an undivided 1/3 interest Janey Snidow an undivided 1/3 interest " . " This is an amendment and correction to the statement of ownership issued July 7, 1986. MINERAL -OWNERS United States of America (Coal only) Thelma Franks (address unknown) 7.5% Gladys Frost, 1215 23rd Avenue, Sraeley, _Co 10% Lema Small (address unknown) 7.5% Ruby VadBuskirlc, 211511th Street, Greeley, Co T0% Beulah -Carlson, Rt 1, Box 186, -Eaton, Co 10% ' Virginia Ba•ltz, 6864 Urban St, Arvada, Co 2.5% James Franks (address unknown) 1.25% Barbara Franks, 356 W. Biesell Ave. , Richmond, CA 1.25% henry J. & Susan M. K. Beecher, _22029 WC-R 76, Eaton, Co 50% LESSEES General Atlantic Entry Corporation, 511 16th Street, Suite 500, Denver, Co The above list of mineral owners 1s certified to the _Public Records of Weld County, Colorado, July 30, 1986 @ 7:-00 A.M. Weld County Title Company By: z -thee Trudy L. Meis Title Examiner MINERAL OWNERS United -States _of America (Coal _only) • Thelma Franks (address unknown) 7.5% Gladys Fiost, 1215 23rd Avenue, Greeley, C-o 10% Lema Small (address unknown) 7.3% Ruby VanBuskirk, 2115 11th Street, Greeley, Co 10% Beulah Carlson, Rt 1, Box 186, Eaton, Co 10% - Virginia }Matz, 6864 Urban St, Arvada, Co 2.5% James Franks (address unknown) 1.25% Barbara Franks, 356 W. Biesell Ave. , Richmond, CA 1.25% henry J. & Susan M. -K. Beecher, 22029 WCR 76, Eaton, _Co 50% LESSEES General Atlantic Enery Corporation, 511 16th Street, Suite 500, Denver, Co AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Lot B of Recorded Exemption No. 0709-26-3-RE 95, being a part of the SW1/4 of Section 26, Township 7 North, Range 65 West of the 6th P. M. , Weld County by Quit Claim Deed recorded in Book 250 at Page 216, Weld County Records. 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) fret of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission _date. Weld County Title Company By Trudy L. Meis, Examiner The foregoing instrument was subscribed and sworn to before me this 7th day of July —, 19 86 . WITNESS my hand and official seal.My Commission axpires: 6 ?t0p H / Notary Public ' - nF r':" PS OF DPOPEPTY WITHIN 500 FEE-- Please -print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION 62070935000006 Metropolitan Life insurance Company P. 0. Ray 19 Ccand TolQnd Nebraska 68802 Fred E. & Marie Schmidt 22350 WCR 76, Box 184-A Eaton, CO 80615 62070926000024 Jack & Carol L. Brunz 37412 WCR 45, Eaton, CO • 80615 6207092660-0019 Wayne L. & Edna I Bethurum Box 248. Greeley, CO 80632 62070926000017 Harold A. & Judy C. Harper Box 922, Eaton, CO 80615 62070927000020 dba Harper Livestock Co. Judith Marie -Aylsworth an undivided 375 Ash-court Eaton. Cr) 80615 62070444000014 1/3 interest Sue Skaley an undivided 1/3 interest " Janey Snidow -an undivided 1/3 interest " Mineral Owners UNITED STATES OF AMERICA (All Coal) THELMA FRANKS GLADYS FROST - 1215 23rd Avenue, Greeley LENA SMALL RUBY VAN BUSKIRK - 2115 11th Street, Greeley BUELAH CARLSON - Rt. 1, Box 186, Eaton, CO. HENRY J. AND SUSAN M. K. BEECHER - 22029 NCR 76, Eaton, CO. LESSEE GENERAL ATLANTIC - 511 16th Street, Suite 500, Denver, CO ENGERY CORPORATION • <'5 ' d� k �• 4,CtI i.,nl Sit . %yt' 141 n t ete - Est'. + r� �„.� �c �, 4 . F$".._- .a.x ' 3: {�+' ,.'r+r dy + rA; � y,yi , fl 099: f'F( 0 9a T - _ 7 1 /97 r);/, 9/F i ix., 14 S.S. GJ 1 /np5 P F 0841 MA;: / ANIJ iF'III F.^ IF1N t.1f•b-v F. kECI,F'ri WILD 1:0, C0Pt: *Ai ._ ...... 1 • c 2 minty Did . _,. THIS DEED is a tonveyane-e of -real property (includjtg any improvements and ether [---- appurtenances) from the individual(s), corporation(s), partncirship(s) or other entltylies) named . i, below as GRANTOR to the individual(s)-or entity(ies) named below-as-GRANTEE The GRANTOR hereby sells and_conveys to the GRANTEE the real property described below with -all its appurtenances (the 'property"), and the GRANTOR warrants the title to the property. except for (1) the lien of the general property taxes for the year of this deed (which the CJ?-6'NTEE Will may) (2) any casements and rights-of way evidenced by a -recorded .>4” inWurnent (3) any patent reservations and exceptions (4) -any outstanding mineral interests Mt . shown of-record (5) any protective_covenants and restrictions shown of record, and (6) any '. �. >, additional matters shown below under "Additional Wan anty Exceptions". zs; M•( The specific terms of this deed are: 4 r P`'ie: - ,-. �.<.' �.e..vni.,i' rent renal') and plaits) d-talarnce. eau gaur d ha ..e,,.,yranb a ; "Itn,k alanldy9.nlos r husband and..d.l er'M w Store Documentary Fee *�. Fidel FAftybal end Frarciaca V. Ibybal (kasaliy3rld and wife) Dote MAf?-9 190'?2140 r.rawley, CO 80631 $ ✓`O ll a .. x.i'.+..v3 i:L WIN,rum.lsl and addrnNe.l daYnrnr d odour'sysclsdap w....t,:e meld o wart r.,wdrr uauaad) y,i' • t ` has :` f6nry J. -Beecher and Susan M.K. Bee lr_r r"'" 22029 WZR 71, Eaton, Colorado 80615 •(-T C., :A₹,' irL'.w:V S. w CO-OWNERSHIP:NERSHIP al 'hr. .. .... , mom r•1 .,t nr r.nArrd ')WAS.* r seas.•n Gunman 4 lens q the sY 4I m .• •••4n a 'avow, •. •••4ren yw.1 he nam 9, w. rev wire,•st wr rlded ,,to.Pao I brL..1 •' Joint tenancy s Yn•or raY DESCRIPTION: Lot B of recorded Dtentption lb. -0709-26-7-RE 95, 't a,,. being a Dart of the _SW 1/4 of Section 26, 'lbcnnship 7 14orth, i Ic Panne 65 test o-f the _6th P.M., Weld _County, Colorado, _except the South �`' 30 feet thcrxlof, as conveyed -to tvtld Count 4 '' in Ping; 250 at d Quit Claim Deed recorded Page 216, Weld County Records. r , ,,, (aka 22029 -34:14 76, lbton, Colorado) Az • a a 'Art Ir J Ct:nit".[i:i .ATICN g r �Tiv ♦sarrrrn .I . blur .m...n. . ..+n...: .ld.w.'e ,..nu L+.,.., Ar sus deed-*a be arr.ua whoa its uw.rNn.•bn.hd as .ya.In an,sac h i,unnyarre n anntule An. a.d unonelan u11 3e1/Qtty I +.y. Five 7'housard Dollars ($75,000.00) F- lu �5 1,:a:.:"`:«TIDNSRESTRICTIONS: N re TAANTOR awards-In....,.n an ne.., e.Se a..s..r.e a. be m.,••a W to I V r� r.• sr*.GRANTOR ...sinews StRATTtt S nen e.N 11-laret Wan-nnenn.Ien-n .aaos, e.�::iCttt.Rkt. WARRANTY EXCEPTIONS: dnlud. m,.y.y.,...y....,,n.d and tole m.nw.,ua(Weed INS*l .+` r1r i.4.4�� u svo" ,r, _ -Match 29 _ 19 83 -- Y' /. Anima —._ _— _ ✓J—� J sue` a. FYde1 A. 43TdYle Grantor � 1 / .. _,-/:II.rsftL , _.�Y� • in ,. f'rarscnsca V. � ' Grants opt STAB,r,1 COLORADO I 1 `.: FOUNT/X.Of WED 1 is -- Oranta :v_ r Tgw G,r./lrl rntrument was eckrlou•iedged (rhae�rw rt.s 29th yl 4 March 4 It)i)t-e-- ibybal and Francisca V. kcytnl, aryl each of that. 19 83 y y �a � kF,y5 m (land and alba& seal / "''w '� ��...i s. . \,.4k tor``bi�1�'n eapirn 7-/.J'l3 '^ lr/. t 314/C19).41‘ . PS A YE Clic I /41:6-171323:, /r a Notary PL6yc` w ✓,-0 1, ! 4/ t1•0' •JF I :IS'.t/i4 y . Ji. &'6.x/// Crania i 1 "s- „ )ha Vrr,_-,bmg raoument was acknowledged before mule 449 (4 • 19 I ' I by ' WtTNESS,ny hand and official sealI °T Wt'mmmason_expires. - i ° Nary Public , nt.' a I C ont_unUTI I1 GAL FORMS N0�DI PO SOX isis. UitLLEY.COLORADO 6(x.32 4 eT 7 Yy t r " s .t '�1 • ' F c+ MIA S A x d rI i " a'c t `�• s , I'r -' _ a ti' 'd w"4 -r 'v: .;. rd,'_ -t) .,if� (( .D S` °y'.-...a1 N g^$ �ry t ,� pr `a,:.;_ _` 1•-. NNE.'' flan' 7.</r7 4 44se �►' P+w ".rwey �u. ua�a.aw +sax,nn3rd4. dir ,.. . .. � 'i48kdi T : , PO WWI Lo N w q O 6 6 f{❑showw vohem dr`�Mre�t; ! ' h� 46. w a Article Ad*wti.to: . ' a I p - r �' ' P rR z z L ' HENRY J. & SUSAN BEECHER o 0 22029 WELD COUNTY ROAD 76 { cQ € r v EATON, CO 80615 ^` z" ©COO ° $ p •.4 a�eK s , Y : ' I . WU fir o r • 2 o F 'B(.,6lpneture—AddtNNe ? s aad.m •9c ,c 'xy�w#r ;'Ik1 xNw d I:„ w 'Wlr Fe tww II.I ', ig 'J,� 1.4O.p4 y • • i rz •. 1 n wr �Yf O .Annie 7ldabriM�%f o r o `i GLADYS FROST j it 4 ' tl'. ra z m ( 1215 23RD AVENUE rg 14 o , ,GREELEY, CO 80631v) ct r o c.) ci p4 lc. I W N Li-1 '� a q Ln I-1 iprwwro—Aedvs�re . CJ U 1 0 s.stoMsehr •�ml� c� .Dete 0 OeNeery ' Ferm3ptl.Frb#� ^ � ,alit ffiecOrt I. Qetoti*** eih!"' YNMM e d 'Wlt "' RUBY VANBUSKIRK e- 2115 11TH STREET �7 ` I '� o , GREELEY, CO 80631 " 11 en � W s,. O I t .�', • yyp� ao rq ccn ccn O ' vwwr, s.. ur ,p y F PI 7] •$•• M—E1fWFMMe s ;ap,¢r¢um r'�•r- p X A ate ' A Y rrit, pp 3 A p,-, W. ass yV J bhpyf yr. f j/F , V • 45: E 1 PE Felt11, VI 1 1;2, r •»t �, 1 N 't .n: mkt a na' s P i :i BEULAH CARLSON , P " s ` .- j ROUTE 1, BOX 186 •o 1� �� EATON, CO 80615 - e , ra rier is,CO e-1 ?� z ,-4 ‘.0 ,k, C1 cn PC 00 ul ,..7 0 P4 Pei I d p a c.i ` c.i 6.SiNM0uF11,- +rt a H o Ww a w Pe ann 1 ,Feb. 1' ' it K T N N p@ � .ti )/ledi t �Y!MIWalidlUafial»rvlat at.414*nd,and"1"16111° art ay ite"Send 4. Pat Mir w.'•k'' x iu a`' ,m.y a? ,�^'• ' s.}eve this L � a n ,,ily,� if t .,A„.§�..L.4',u rt it 9.fkikh ...... , rs VIRGINIA BALTZ j / 'a#, v t. v 6864 URBAN STREET rt H ARVADA, CO 80004 al O fl 0 o m 'A eP cn ' f di: �:$IWNWrf AddAddiAddis.***aa ul I P > t" 8 a X I-4 sq a d C,�� Ps re IP , ti$ �j ° odwrnu totem ualm '1. • '4 vrc>s 'a fa+� ��'"kmy.�u6.2... F�,S4-c-sy r.`}rm 9 •"I` a ^*r m ,,,.•tC.i!h++�p'+yy ' Riy?.� i f g & Ye! S w ,--I ntr wd,. o co ¢ fS I BARBARA FRANKS a z aI Wit*Iiitikff ‘4 :at 356 W. BISSELL AVENUE ■ -� z w ¢ RICHMOND, CA 94801ch o u1 Pd P a Pki g • O #58 . feL' as � � i* ,. ' p4 v o t .,7. MaRi.i.t . 1 Ln H L' pp m P: XYt ON!..„ P�PMm O�-cps:o lototoesitst,.?`R moat* llaCEIPT •BEI�ER:gamin**tam!t' .S+atsfl$Aitiaul taniar an Sifted,tYid oomph*item,3 and 4. Put YweliY' S'' j ..n,. ` [: t1N, N,ldt this eine 00o O m t. She re to i W is 9.atde�adnriC �} \A� ' ""� o rill k / o GENERAL ATLANTIC ENERGY CORP. Yly� �e:'. 'a H F N ` .r 511 16TH STREET, SUITE 500 r` � a co 1, DENVER, CO 80202 O w a e o Air y 4,1. s1 ( a p4 H 2 : rf" w .a w ..Frwy!lu �i °I` Al DSMv '� • PS Peron7iltiidifiakilNli a 1(l tullr ncsir7 / •mama 11t «• t.'., Sot 4i .tt*r 1f skittiontit t Andean.",k t1 est Put `• `. 4,414.4,4;4.-0044 . ( "" , g C1/4I uw.,, aAe A a t -i ci) op 3 z CO METROPOLITAN LIFE INS URANCE _ 1 , �, it rd ' COMPANY r �" "` "` w w PO BOX 159cl . rl H Z a GRANDISLAND, NE 68802 ,,; , ` < r 1 za p F rn ¢ fi b a u7 H u1 a £ 0 q #per .Q-Zak:... 3 ,.`k ia it 8 w z a, C.DD L a eY d5' 'l nS Pi , 0'y el'tcommislemms tato'ZiYh.fl addi,$,t&a "";?..' ^*+F m^, .Mra Slid* H slnsar^rvry aerrMa.Y'my w nr a n +..L"r .mai 9 G 5 r c 6 FRED E. & MARIE SCHMIDT z co EA Ln 22350 WELD COUNTY ROAD 76 w -� • � `�: ci a o o EATON, CO 80615 aUm I ag M1 a 1, a a o z 424 0 W N W Zfl 4 �1" idOlYE1Cf11# 81PT •$ENO* t canga Men.1 and d 2.4,466,00 °""1yervic r daxid.atd 400014114,""!3 snd 4.. 7. sv ' . this .nWI -.4441/4; r w a a z a ° H v, A; t JACK & CAROL L. BRUNZ • z ,-i �d+ "- 37412 WELD COUNTY ROAD 45 a I-4 1/4O 4 o EATON, CO 80615 � � a 0U W ' yyg � e•-..�u7� u7 0 Ca 11 U W O �* �c .w •„' # it 3 W • N z -' ..aw•i;c -"ate' .ebbs k�' d d n ,9 •SENDER:Cans is Mon I and 2 .9,4 %**41IIoq$nrvicS;-77-Tr,end owwpl tr i.--- '. +4. Put ycur'ad* $he `r di card RPM deliv.. : Aa•rad s `¢#ivyg, W e _ '"".r 'r ti}, N r-1 O N ' rW ,e ,,,, /, ,414,,, x MWAYNE & EDNA BETHURUM � �" El PO BOX 248 r` o A GREELEY, CO 80632F . , :n z o rfl d W N w r 5 F,i MvaF•tl+x . ' w X Gil W o PS Forrg 3F tLirlOg# as kilitaAille DatleirIa 1 RINIMMOIDT _- •SENDER:Sampan$taag1No�2,wMn,IWdfWnNMrWcea grltirdd..indQolltiki Rwn4.3anb4. KitDart addi'il rt .�R ..', "nibs- tee z�,' * ' AM W+ d il :.,� W cata *U; 6 k t3 rR >+ x p ay HAROLD A. & JUDY C. HARPER t y o q HARPER LIVESTOCK CO. o1/4O a y o m PO BOX 922 �, ' ' W EATON, CO 80615N try � � p H N O I q cuX a a SI h- .2,‘”: I-4 a o ry x x H g g a w 7.Daa of ° �. PS Form 35t1,14b.1496 Yak "x, ODII/ESTIC RETf71t«RACEI►T •SENDER:Cga,pleta inn 1 end 2 when add Warral rarvlpiaai ad,yrt ernes lam 1 and 4. S JUDITH MARIE AYLSWORTH ; _' ' ' p SUE SKALEY # - '. �.a.,. ra JANEY SNIDOW i 1i 375 ASHCOURT ` C04' LO r` d H o EATON, CO 80615 O co wv x t; 3 r# W H U O a m 'x c� Hch W w o gwzzzLr: H e• ,� ;nU ,� h ul y M W PS Pone*i . 19w: dC 2. DONESTIDARt0104 RECEIPT ;.I Hello