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Home My WebLink About900272.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A DOG KENNEL WITH A MAXIMUM CAPACITY OF 65 ADULT DOGS AND 150 PUPS - PATRICIA L. TERRY 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 28th day of March, 1990 , at the hour of 10 : 00 a.m. in the Chambers of the Board for the purpose of hearing the application of Patricia L. Terry, 1312 Denver Avenue, Fort Lupton, 80621, for a Site Specific Development Plan and Special Review Permit for a dog kennel with a maximum capacity of 65 adult dogs and 150 pups on the following described real estate, to-wit: Lot A of RE #879 , located in the NWi SW* , Section 4, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Cecil Crowe, of Alpha Engineering, and WHEREAS, Section 24 .4 .2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 .2 of the Weld County Zoning Ordinance as follows: a. The proposed use is consistent with the Weld County Comprehensive Plan' s Urban Growth Boundary Area Goals and Policies. The proposed use is located within the Urban Growth Boundary Area of the Town of Fort Lupton. The Fort Lupton Planning 4/ fi ✓`-tt G 900272 Page 2 RE: USR - PATRICIA L. TERRY Commission reviewed this request and found no conflicts with its interests. b. The proposed use is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The proposed use is compatible with the existing surrounding land uses and with the future development of the surrounding areas as permitted by the Agricultural Zone District. Surrounding land uses include agricultural production and rural residential home sites. d. No overlay districts affect the site. e. Special Review Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for a dog kennel with a maximum capacity of 65 adult dogs and 150 pups on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Special Review Permit shall be placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners . 2 . The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and -Recorder. 3. Prior to recording the Special Review plat: a. A copy of a soil erosion control plan approved by the Platte Valley Soil Conservation District shall be submitted to the Department of Planning Services. 900272 Page 3 RE: USR - PATRICIA L. TERRY b. A copy of the approved State Highway Department access permit for the Special Review Permit site onto State Highway 52 shall be submitted to the Department of Planning Services. 4 . An ISDS evaluation on the existing septic systems shall be necessary prior to issuing the required septic permit on the existing system. 5 . The septic system for the proposed kennel shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of _March, A.D. , 1990 . BOARD F COUNTY COMMISSIONERS ATTEST: WELD TY, COLORADO Weld County lerk and Recorder and Clerk to the Board ene ranttnn , airman BY:e_ (, yp--734 n_." , �,�,�/ George ennedy, Pro-Te eputy County C erk APPROVED AS TO FORM: Constance L. Harbert c:' �- C.W. Kirby/ /L County Attorney EXCUSED DATE OF SIGNING - AYE rj Gordon E. Lacy 900272 DEVELOPMENT STANDARDS Patricia Z. Terry USR-9A 6 1 . The Site Specific Development Plan and Special Review Permit is for a dog kennel with the maximum capacity of 6S adult dogs and 1510 pups under the age of six months. The crossbreeds and breeds of dogs shall be limited to and include Pekingese, schnauzer, Pomeranian, poodle, cocker spaniel, and dachshunds as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 , t.R.S. , as amended. 3 . All construction on the property shall be in accordance with the _requirements of the Meld County Building Code Ordinance. 4 . Manure from the kennel area shall be removed, handled, and stockpiled in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The manure storage unit shall be water tight and located on a water-tight surface which does not permit seepage or percolation of -manure pollutants into the ground. Such waste and dead animals shall be removed from the property at least weekly. 3. Property shall be maintained in compliance with all State 33ealth Department requirements for construction and operation of a kennel. 6 . Waste oil, waste paints, stains, treatments, spent drug containers, and other associated liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7 . No permanent disposal of wastes shall be permitted at this site. 8 . Wood shavings, sawdust, and waste materials shall to handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. Fugitive dust shall be confined son this site. -9010272 Page 2 DEVELOPMENT STANDARDS - PATRICIA L. TERRY 10 . The maximum permissible noise level shall not exceed the light industrial limit of 70dB (A) , as measured according to 25-12-102 , Colorado Revised Statutes. 11 . Within two years from the date of approval by the Board of County Commissioners, the applicant shall submit to the Department of Planning Services a copy of a letter from the State Engineer, Division of Water Resources, indicating that a water supply for the dog kennel has been approved. Prior to that time, the applicant shall haul water to the site for the dogs. 12 . The property owner or operator shall be responsible for complying with the -Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .6 of the Weld County Zoning Ordinance. 14 . 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 ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 15 . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16 . The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 900272 HEARING L-E-RTIFICATION DOCKET NO. 90-8 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A DOG KENNEL WITH A MAXIMUM CAPACITY OF 65 ADULT DOGS -AND 150 -PEPS - PATRICIA L. TERRY A public hearing was conducted on March 28, 1990, at 10:00 -A.M. , with the following present: Commissioner Gene R. Brantner, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. -Harbert Commissioner C.W. icirby Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Zee D. Morrison Planning Department representative, Lanell Curry The following business -was transacted: I hereby -certify that pursuant to a notice hated -February 12, 1990, and duly published March 15, 1-99_0, in The New News, -a public hearing was conducted to consider the -request of Patricia T. Terry for a Site Specific Development Plan and Special Review Permit for a dog kennel with a maximum capacity of 65 adult dogs and 150 pups. Lee Morrison, Assistant County Attorney, made this matter of record. Lanell Curry, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record. S-he noted that there are 15 Deve1-opment Standards proposed for this request. Cecil Crowe, of Alpha Engineering, came forward to represent the applicant. He requested that paragraph c. of Condition #3, concerning the water supply, be changed to allow the applicant to haul Aster for the dogs until receiving approval of a water supply from the Division of Water Resources. Shere are existing wells on the site, but they -are not for commercial use. Mr. Morrison explained that the issue of changing the designation of wells must be decided by water court, which will require time. No public comment -was offered concerning this request. After discussion, Commission Kirby moved to approve this request fora Site Specific Development Plan and Special -Review Permit, subject to the Conditions and Development Standards recommended by the Planning Commission, but with the additional Development Standard that the applicant be allowed two years to submit documentation concerning an approved water supply, during -which time water may be hauled by the applicant. The motion -was seconded by Commissioner Kennedy. Following further -discussion, Commissioner Kirby amended his motion to delete paragraph it. of Condition #3. The amendment -was acceptable to Commissioner Kennedy, the seconder of the motion. The motion, as amended, tarried unanimously. 900272 lot P-age 2 RE: USA - PATRICIA L. TERRY This Certification vas approved on the 2nd day 'of April, F990. APPROVED: BOAR F COUNTY COMMISSIONERS ATTEST: r WEL NTY, COLO Weld County Qrk and Recorder �( / and Clerk so the Bo Gene . Bsantner, Chairman By: % c u." <. - �t putycounty C: rk Geo ge KennEdy, Pro-Tern on ance Z. Harbiert C. Kirby EXCUSED DATE OF APPROVAL Gordon E. -lacy TAPE #90-P9 DOCKET #90-8 PL0686 900272 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: MARCH 28, 1990 DOCKET # 90-7 USR-GRAVEL MINING OPERATION, .'CONCRETE & ASPHALT BATCH PLANTS, OFFICE, AND SCALES IN THE AGRICULUTRAL ZONE DISTRICT - SIEGRIST CONST-RUCTION COMPANY AND ST. VRAIN DOCKET # SANITATION DISTRICT DOCKET # 90-8 USR-DOG KENNEL WITH MAXIMUM CAPACITY OF 65 ADULT DOGS AND 150 PUPS - PATRICIA L. TERRY NAME ADDRESS HEAPING HEAPING ATTENDING '/ ,,,„ ,L.,/Si, �n 7-�/ szo ,k �/ r'71-Ls , �� r-� /! 7t4 SY_ �f• �c �cvT Ter . ./7-4 -./* -C y 70 a S j/-I-,- cr - ,070 u''% eke C7` yJ--:(, ,7z-- C 22 „ it A;t„); _Yee v -G1iz / 3 S' 77 4-7 ) 7 [(, ,N 7:7 VI-v4 960272 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on March 28, 1990, conditionally approved a Site Specific Development Plan and a Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Patricia L. Terry 1312 Denver Avenue Fort Lupton, Colorado 80621 LEGAL DESCRIPTION: Lot A of RE #879, located in the NW} SW} of Section 4, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Dog kennel with a maximum capacity of 65 adult dogs and 150 pups SIZE OF PARCEL: 2 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: April 5, 1990, in The New News 9CO272 PUBL=IC BUBrl IC NOTICE Colorado, la� d County -o eldMarch �County, conditionally approved a nSSite (el Development Permits ffroprp„ttheed e riaFrEonditionatralvelnikgi t�t creates vested le' -59 of TIUecreates a 24,C.R.S.,as amended,for a period f three years. APPLICANT: Patricia I.Terry. 1912 Denver Avenue Fort Lupton Colorado 80621 LEGAL DESCRIPTION: let A of Isla a8199..�elcoccaatted{Tthe IM1/oinwhio 4 North, en a the 6N 1 ------ P.M. Weld OP TYPE ANDOF' —_ APPROVED USllE: kernel with 'dulta maximum of 65 cszr OF'PARCEL: acres,more or less Failure to abidepbry at tthe.�ter result conditions of of the vested pray BOARD OF COUNETgYS WELD COUNTY COLONRADO 5 BY: MARY ANN ftUERSTE COUNTY CLERK AND RECORDER AND TTBBCLERK TO BOARD BY: Mary Reiff,Deputy • r New Publ News AMl 5, UM in Ts T y d vs 10 R pti:,v 7 960272 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 Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office 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. 90-8 Patricia L. Terry 1312 Denver Avenue Fort Lupton, Colorado 80621 DATE: March 28, 1990 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and Special Review Permit - Dog kennel with a maximum capacity of 65 adult dogs and 150 pups LEGAL DESCRIPTION: Lot A of RE #879, located in the NW} SW} of Section 4, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado LOCATION: Approximately .5 miles west of Weld County Road 29} and south of State Highway 52 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Shelly Miller, Deputy DATED: February 12, 1990 PUBLISHED: March 15, 1990, in The New News 900272 E.kh + Li and the oWe¢llde the Ordbnce,a Public in the , rs of ttheeBoardd of dof County do, Weld County Centennial 915 '10th Street, First _.Wine 'Q w.. All persons at the interested in thein Site jsa_Review eviiewR1e Permit are and gYtedto attend and may be the applicant party desire any of a cpurt reporter to a record of the proceedings. additioo the taped record will to the Clerkk o the he Bo Board's shall be advised iq writing each action at least five days to the heaa court ring. The ealer s�.be 1T�A KNOWN tat the tging Int and maps so cerWled by the Weld County SPLnpinaa p air aion Clerk to theedBoard_ ofCounty dasioners, located in the fi f County 1 Centennial Third Flotor, i 1,NO.9 ,Colorado. 04 PLICANT: Patricia L. Terry- 12 Denver Avenue, Fort Lupton, en 80B81 March 1990 10:00 A.M. iopme Site S��if��ic e w Pert Plan gene ell with Jew Permit -capacity t kfn85 with maximumand pups of 85 adult AL DESCRIPTION: Lot A of No.89 located in the NWI/4 \ /4 of Section 4, Township 1 �1 \ 0,\--c4--- /4 88 West o the 9th 'Wel:ounty Colorado TION: � t .5 west of Weld County Road 1/2 and south of State Highway I S c BOARD OF COUNTY WELD CO CUNTY COIARADO BY: MARY ANN FEUERSTEIN III\^\\, ,1+� COUNTY CLERK AND l./ l- _ • .� RECORDER AND CLERIC EBOARD l./ pp � BY: Miller,�1u990%ty News To . 1$ it New 9C 0272 Affidavit of Ptabtication STATE OF COLORADO NOTE* County of Weld ss. Pursuant to the Toning a of the State of ca. credo and the Wad CoultRjF Zoning Ordinance, I A.Winkler Diesel of said County of Weld being duly sworn,say a public hearing wilt be MW in the Chambers of that I am publisher of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial FORT I t i DT O N PRFCC Center, 916 10th Street,First Floor, Greeley, that. the same is a weekly newspaper of general circulation wan Colorado, at the tins specified. All persons in printed and published in the town of De- velopment Plan and SpwW Review Permit are FORT ! UPTON requested to attend and may be heard. to said county and state that the notice of advertisement, of which Should the applicant or any interested party the annexed is a true copy has been published m said weekly desire the presence of a court reporter to make metope far ■ record *I the Aa4'Yfi•, In addition to the consecutive weeks: taped record which will kept during the ,mac hearing,the Clerk to the Beard's Office shall be that thcnottce all?fished In the regular and entire Issue of every advised In writing of suit action n least five munberaf said newspaper during the period and time of publication days prior to the hearing.:The cost of engaging of said notice and in the newspaper proper and not in a supplement a court reporter shall in Some by the request- thaeof: bat the first publication of said notice was contained In the log party. Issue of-said bearing the date of BE R ALSO KNOWN that the text and maps so /nfI C 1 A.D..19 L) and the last publication certified by the.Wad County Planning Commie- • tit f. the issue ofsaid newspaper.bearing date. slog may W examined in the office of the Clerk /,/ to the Board of County Csmmlesleners, located r In the Wad County CmglmM Center,916 10th �<_ .. da of y r/' Stns.Third Floor, Gree1•Y, Colorado. 6-3-----L..- - 19".��that the said DOCKET"NO. 90.9 ..' FORT I IIPTON PRFCC APPLICANT y'o. _ aU'. A.Terry has been eas fifty-two continuously woconsecutive and weeks k pdlyrix during the As As•Oea period a at least a ring id notice or next prior to the first e.s - .. . r issue thereof containing said advertisement above referred • — to: and that said newspaper was at the time of each of the - publications of said notice duly qualified for that purpose within the DATE: Marsh 26, 10M meaning of an act entitled. "An Act Concerning Legal Notices. TIME: 10A9 A.M. Advertisements and Publications and the Fees of Printers REQUEST: Site Bpenno Mevelopeteet Wan and Publish- - f. and to Repeal all Acts . ''t of Ac -• 1 Special Review Permit • Dog kennel with a Conflict a . -.onss of this ..y am-...7. 921 and maximum capacity of 06 adult doge and 160 all am e as Pups .. . . L and n . LEGAL DESCRIPTION: Let A� own- shi , lo- p 1 n the No h,NW ngs 611Welt o4 SW 1/4 of of the Of RE ion�P.M., - Publisher Weld County, Colorado LOCATION: Approximately .6 miles west of b rrr��bcd -y�yE awora to before me this day of Weld County Road 291/2 and south of State Highway 62 .. BOARD OF COUNTY COMMISSIONERS _ WELD COUNTY, COLORADO (y) 63._________,..a. BY: G�AARY ANN FEUERSTEIN Notary Public COUNTY: L%rERK AND RECORDER AND CLERK TO THE BOARD d 1 c D F N I/F R A V N II F -tY:Shelly Miller, Deputy DATED:.,Febfua7 It X90 FORT IUPTON, CO. Rosso Published Irtethinotimpion Pomolltieih14, My commission expires June 1992 My Ccrmission expires June 30,19g2 900272 DATE: February 12 , 1990 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 28th day of March, 1990 , at 10 :00 A.M. Docket No. 90-7 - Site Specific Development Plan and Special Review Permit for a gravel mining operation, concrete and asphalt batch plants, office, and scales in the Agricultural Zone District - Siegrist Construction Company and St. Vrain Sanitation District Docket No. 90-8 - Site Specific Development Plan and Special Review Permit for a dog kennel with a maximum capacity of 65 adult dogs and 150 pups — Patricia L. Terry OFFICE OF THE yCLERK TO THE BOARD BY: 4) �l�.t ( K 7 / e_ ?g ) Deputy / The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Cer--- 9CO272 BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR CASE # .,_GY: / - THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGY r__ SIGNATURE OF APPLICANT STATE OF COLORADO ) ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS //// DAY OF %7/21-7-0._.z.6- 19 3'D SEAL .:C'' (NOTARY PUBLIC MY COMMISSION EXPIRES / l c, 79 LAST DAY TO POST SIGN IS: / . 19 'Y> i (-0 -,c3c7(2,-7Tp MAR 2 1 1990 1 Weld Co. Planing' Camerissian 9G0272 Summary of the Weld County Planning Commission Meeting February 6, 1990 Page 2 ' CASENUMS£jta USR-907 APPLICANT: --.�Siegrist Construction Company - St. Vra' sanitation Di Fitt REQUEST: A Site Spiafic Development Plan and-a Special Review permit for a gravel mining i'p ration in Oe--Agricultural zone district. LEGAL DESCRIPTION: Part of `tbe -El of Section 31, T3N, R67W of the 6th P.M. , We Dung., Colorado LOCATION: North of Weld unty Road 26;,,approximately .5 miles east of Weld County R 'f3. APPEARANCE; - No one was present to present this request. Therefore, the Chairman moved this case to the last item on the agenda. CASE NUMBER: USR-906 APPLICANT: Patricia Terry Vj REQUEST: A Site Specific Development Plan and a Special Review permit for a ]J� dog kennel (65 adult dogs and 150 pups) . LEGAL DESCRIPTION: Lot A of RE-879, located in part of the NW} SW} of Section 4, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately . 5 miles west of Weld County Road 29-1/2 and south of State Highway 52. APPEARANCE: Cecil Crowe, Alpha Engineering, represented the applicant. This is an application for a dog kennel with a maximum of 65 adult dogs and 150 pups. They have a highway access permit that goes with the property. Patricia Terry, applicant and owner, stated this is not a puppy mill operation. She will sell through newspaper advertising and word-of-mouth and not through pet stores. Also, she does not breed her bitches every season just to have as many puppies as possible. The Chairman called for discussion from the audience. There was none. The Chairman asked Mrs. Terry if she had any objections to the staff's recommendation being filed with the summary rather than being read into the record. She had no objections. cxhi0 1 C -9 t' 272 Summary of the Weld County Planning Commission Meeting February 6, 1990 Page 3 MOTION: Jerry Burnett moved Case Number USR-906 for _Patricia Terry for a Site Specific Development Jlan and a Special Teview permit for a dog kennel be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the tecommendation, conditions, and Development -Standards presented by the Department of Planning Services staff and the testimony heard by the Planning Commission. Motion seconded by Judy Yamaguchi. 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. Jerry -Burnett - yes; LeAnn Reid - yes; Ann Garrison - yes; Judy Yamaguchi - yes; Bud Halldorson - yes; Jerry Kiefer - yes; Ernie Ross - yes. Motion carried unanimously. CASE NUMBER: USR-907 APPLICANT: Siegrist Construction Company - St. Vrain Sanitation District REQUEST: -A Site Specific Development Plan and a Special Review permit for -a gravel mining operation in the Agricultural zone district. LEGAL DESCRIPTION: Part of the -Wi E} of Section 31, T3N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County -Road 26, approximately . 5 miles east of Weld County Road 13. APPEARANCE: Vern Nelson, Nelson Engineers, represented the applicant. This property is approximately 3 miles east of Del Camino along the St. Vrain Creek. The applicants will comply with the Colorado Mined Land Reclamation Board's recommendations. The area will be fenced and locks will be on the gates when the property is not in operation. This site is adjacent to the St. Vrain Treatment lagoons. As part of the main operati-on, Siegrist will excavate the additional lagoon cells for the sanitation district. However, they will not be used until the system needs enlarged and approval is obtained from the state. The entire area cannot -Be mined profitably :because of an overburden area, and this area will be used to -atore equipment. The applic-ants intend to comply with the 7ecommendation of the Department of Planning Services' staff. They are taking exception to Development St-andard (/l9. This -would _only allow them to _tine within 50 feet of the Toad right-of-way. They would like to -mine within 20 feet of the road right-of-way, and then fill in to 50 feet with overburden. He will work with the County Engineer regarding this standard -prior to the _request being heard by the Board of County Commissioners. 900272 BEFORE THE WELD COUNTY, -OLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jerry Burnett 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: CASE NUMBER: USR-9O6 NAME: Patricia L. Terry ADDRESS: 1312 Benver Avenue, Fort Lupton, CO 80621 REQUEST: A Site Specific Wevelopment _Plan and a Special Review permit for a dog kennel with a maximum capacity of 65 adult -dugs and 150 -pups. LEGAL DESCRIPTION: Lot A of RE-87-9, located in the NW} SW} of Section 4, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately . 5 miles west of Weld County Road 29-1/2 and south of State Highway 52 be recommended favorably So the Board of County Commissioners for the following seasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has -shown compliance with Section 24.3 of the Weld County Zoning Ordinance as hollows: - The proposed use is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies. The proposed use is located within the urban growth boundary area of the Town of Fort Lupton. The Fort Lupton Planning Commission reviewed this request and Sound no conflicts with its interest-s; The proposed use is consistent with the intent of the Agricultural zone district and is provided for as -a use by special review; - The proposed use is compatible with the existing surrounding land uses and with the future _development of the surrounding areas as permitted by the Agricultural zone district. Surrounding land uses include agricultural production and rural residential home -sites; - No overlay _districts affect the site; and 900272 �,khi EA." - 8 USR-906 Patricia L. Terry Page 2 Special -Review Permit 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 materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and Placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning -Services and be ready for recording in the Weld I:ounty Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. S-he Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the Special Review Plat; - a copy of a soil erosion control Plan approved by the Platte Valley Soil Conservation District shall he submitted to the Department of Planning Services; - a copy of the approved State Highway Department access permit for the _Special Review permit site onto State Highway 52 shall be submitted to the Department of Planning Services; and - a copy of a letter from the State Engineer Division of Water Resources indicating that a water supply for the dog kennel has been approved shall be submitted to the Department of Planning Services. 4. An ISDS evaluation on the existing septic systems shall be necessary prior to issuing the required septic Permit on the existing system. 5. The septic system for the proposed kennel shall be designed by a Colorado -Registered Professional Engineer according the Weld County Individual Sewage Disposal Regulations. 9t.0272 USR-906 Patricia 1.. Terry Page 3 Motion seconder' by Judy Yamaguchi. VOTE: For Pas-sage Against Passage Jerry Burnett LeAnn Reid Ann Garrison Judy Yamaguchi Bud Balldorson Jerry Kiefer Ernie Ross 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 oregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on February 6, 1990, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 6th d-ay of February, 1990. C\ c�c� Bobbie Good Secretary 900272 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Patricia L. Terry USR-906 1. The Site Specific Development Plan and Special Review permit is for a dog kennel with the maximum capacity of 65 adult dogs and 150 pups under the age of six months. The crossbreeds and breeds of dogs shall be limited to and include pekingese, schnauzer, pomeranian, poodle, cocker spaniel, and dachshunds as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 4. Manure from the kennel area shall be removed, handled, and -stockpiled in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a conditions that facilitates excessive odors, flies, insect pests, or pollutant runoff. The manure storage unit shall be water tight and located on a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. Such waste and dead animals shall be removed from the property at least weekly. 5. Property shall be maintained in compliance with all State Health Department requirements _for construction and operation of a kennel. 6. Waste oil, waste paints, stains, treatments, spent drug containers, and other associated liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7. No permanent disposal of wastes shall be permitted at this site. 8. Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. Fugitive dust shall be confined on this site. 10. The maximum permissible noise level shall not exceed the light industrial limit of 70dB(A) , as measured according the 25-12-102, Colorado Revised Statutes. 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. 96O272 USR-906 Development Standards Page 2 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 ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 14. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development 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 Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 900272 INVEF -,RY OF ITEMS SUBMITTED FOR CONS- "RATION Case Number USR-906 Applicant: Patricia Terry Submitted or Prepared Prior to Hearing At Hearing 1. Application twenty-two Pages X 2. One application plat(s) one page(s) X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. Three DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Memo dated January 5, 1990, from Judy Schmidt, X Weld County Health Department 12. Letter dated January 31 , 1990, from James Hall, X State Engineer, Division of Water Resources 13. Letter dated January 4, 1990, from Clyde Abbett, X President, Platte Valley Soil Conservation Dist. 14. Letter dated January 9, 1990, from Evan Hooper, X State Highway Department 15. Letter dated January 3, 1990, from Larry X Richardson, Fort Lupton Fire Protection Dist. 16. Internal case memorandum dated February 2, 1990, X from Roger Vigil, Weld County Combination Inspector 17. Referral response dated January 8, 1990, from X U.S. Department of Agricultural 18. Referral response dated January 7, 1990, from X Bud Halldorson, Weld County Planning Commission member 19. Letter dated January 2, 1990, from Patricia L. X Terry 20. Letter dated January 21, 1990, from Patricia L. X Terry -I hereby certify that the 20 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 Febru ry 8, }990. 9 hnrrent lanner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRII5I1O ND SWORN TO BEFORE ME THIS % day of .10%.1•a‘oks 1980 oci C'^ 0�0 NOTAR PUBLIC My Commission Expires My Commission Expires Feb. 13, 1993 906272 EXHIBIT INVENTORY CONTROL SHEET //Case (iC 6-16) —' `l�(Jt t Pat....;d Exhibit Submitted By Exhibit Description A. \yectit g L, Arifkida--) B. . ) c• Pit4 j„, D. OLLIE zA, A,th,A. thitiL • E. I XpA k 1 /LC &A ! W WC.� F. G. - H. I. J. R. L. M. N. 0. 90C272 Date: February 6, 1990 CASE NUMBER: USR-906 NAME: Patricia L. Terry ADDRESS: 1312 Denver Avenue, Fort Lupton, CO 80621 REQUEST: A Site Specific Development Plan and a Special Review permit for a dog kennel with a maximum capacity of 65 adult dogs and 150 pups. LEGAL DESCRIPTION: Lot A of RE-879, located in the NWi SW} of Section 4, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately . 5 miles west of Weld County Road 29-1/2 and south of State Highway 52 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposed use is consistent with the Weld County Comprehensive Plans' Urban Growth Boundary Area Goals and Policies. The proposed use is located within the urban growth boundary area of the Town of Fort Lupton. The Fort Lupton Planning Commission reviewed this request and found no conflicts with its interests; - The proposed use is consistent with the intent of the Agricultural zone district and is provided for as a use by special review; - The proposed use is compatible with the existing surrounding land uses and with the future development of the surrounding areas as permitted by the Agricultural zone district. Surrounding land uses include agricultural production and rural residential home sites; - No overlay districts affect the site; and - Special Review Permit 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 materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 90G272 USR-906 Patricia L. Terry Page 2 The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the Special Review Plat: - a copy of a -soil erosion control plan approved by the Platte Valley Soil Conservation District shall be submitted to the Department of Planning Services; - a copy of the approved State Highway Department access permit for the Special Review permit site onto State Highway 52 shall be submitted to the Department of Planning Services; and - a copy of a letter from the State Engineer Division of Water Resources indicating that a water supply for the dog kennel has been approved shall be submitted to the Department of Planning Services. 4. An ISDS evaluation on the existing septic systems shall be necessary prior to issuing the required septic permit on the existing system. 5. The septic system for the proposed kennel shall be designed by a Colorado Registered Professional Engineer according the Weld County Individual Sewage Disposal Regulations. 900272 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Patricia L. Terry USR-906 1. The Site Specific Development Plan and Special Review permit is for a dog kennel with the maximum capacity of 65 adult dogs and 150 pups under the age of six months. The crossbreeds and breeds of dogs shall be limited to and include pekingese, schnauzer, pomeranian, poodle, cocker spaniel, and dachshunds as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 4. Manure from the kennel area shall be removed, handled, and stockpiled in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a conditions that facilitates excessive odors, flies, insect pests, or pollutant runoff. The manure storage unit shall be water tight and located on a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. Such waste and dead animals shall be removed from the property at least weekly. 5. Property shall be maintained in compliance with all State Health Department requirements for construction and operation of a kennel. 6. Waste oil, waste paints, stains, treatments, spent drug containers, and other associated liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7. No permanent disposal of wastes shall be permitted at this site. 8. Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. Fugitive dust shall be confined on this site. 10. The maximum permissible noise level shall not exceed the light industrial limit of 70dB(A) , as measured according the 25-12-102, Colorado Revised Statutes. 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. 210272 USR-906 Development Standards Page 2 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 ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 14. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development 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 Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 900272 ME IORAflDUA1 Weld County Planning January 5, 1990 To — Date Environmental Protection Services fl�i /• '��j COLORADO From V ' Case Number: USR-906 Name: Terry, Patricia Subject: REVISED Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. The applicant shall remove, handle, and stockpile manure, from the kennel area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a conditions that facilitates excessive odors, files, or insect pests, or pollutant runoff. The manure storage unit shall be water tight and on a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. Such waste shall be removed at least weekly from the facility. (This includes dead animals) . 2. Applicant shall comply with all State Health Department requirements for construction and operation of a kennel. 3. Waste oil, waste paints, stains, treatments, spent drug containers , anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in the manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. The septic system for the proposed kennel is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. If used, the existing septic system is required to be reviewed by a Colorado Registered Professional Engineer, and a copy of that review submitted to this Division before the required I.S.D.S. Evaluation can be performed. 6. An I.S.D.S. Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing system. 7. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust must be confined on this site. 9. Maximum permissible noise level shall not exceed the light industrial limit of 70 db(A) , as measured according to 25-12- -Colorado „ Revised Statutes. D (7 '�_ , WP58/dgc ,�` FFA 2 19 SO 96C272 ;r qn I Off..,C O6O'P ROY ROMER he � JERIS A. DANIELSON Governor !a State Engineer * 1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 January 31, 1990 Mr. Keith A. Schuett Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Terry Special Review URS-906 SW 1/4, Sec. 4, T1N, R66W, 6TH PM Dear Mr. Schuett: We have reviewed the above referenced proposal to create a dog kennel which will house 65 adult dogs and their pups. No information was provided concerning the water supply requirement. An existing well is proposed as the supply. This kennel is considered to be a commercial operation and before one of the existing wells can be used as the supply, a new commercial permit must be obtained. The area of the subdivision is tributary to the South Platte River which is considered to be an over-appropriated river. In general , permits for commercial wells cannot be issued without a Water 'Court approved plan for augmentation. We do not recommend approval of this proposal . The late registration well permit applications (Receipt Nos. 59946A & B ) submitted with the review package have not yet been permitted. These applications were apparently returned to the applicant in order that a field inspection report might be included with the application. We have received the field reports, but no longer have the original application forms. Sincerely, ckinto—A19120 James R. Hall , P.E. Supervising Water Resources Engineer JRH/JTS:clf/7970I 9cc: Alan Berryman, Division Engineer r----- , Bruce DeBri ne s*n " `„1 ry�yt j p Patricia L. Terry, w/enclosure F r+ 19S0 I USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number (1S� 9QA. V Date Received 12- 2 -V1 Application Checked by Mylar plat submitted Am Application Fee 441144. Receipt Number natal Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: Lot A of Recorded Exemption Number 1471 -04-3- E ern LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: W1 W1s' tion 4 T 1 N, R 66 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W Property Address (if available) PRESENT ZONE Agricultural OVERLAY ZONES None TOTAL ACREAGE 2 , 0 acres PROPOSED LAND USE Kennel and Home site EXISTING LAND USE Farmstead site . SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: — — — — — Name: Patricia L. Terry Address: 1312 Denver Ave . City Ft . Lupton . CO Zip 80h21 Home Telephone It 857-2470 Business Telephone 41 Name: Address: City Zip Home Telephone It Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Address: City Zip Home Telephone if Business Telephone It List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Address: City Zip Name: Address: City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) 2 C 4... ' 1'F Signature: Owner or Authorided Agent TA f • Subs�x'rbe4 and sworn to before me this 277 day of 42E C'?J'n2- 1967. PUBO C •Ic. wr ... ...-',c. TARY PUBLIC c OF c0 . My commission expires AM/ J`, / 990 900272 APPLICATION REQUIREMENTS FOR TERRY KENNEL USE BY SPECIAL REVIEW KENNEL The application requirements are outlined in section 24. 7 of the Weld County Zoning Ordinance. The following items shall be submitted with an application for a use by special review permit: 1 . A completed application form. (See attached) -. USR Application. 2. A detailed description of the proposed operation and use shall be supplied. Details for the following items when applicable, are required. a. Explain proposed use- The purpose of the Terry Kennel is to provide a means of livelihood for the Terry family. h. Explain need for use- To provide housing and runs for the Terry dogs. c. Explain the types of existing uses on surrounding properties. Existing use of surrounding properties is agricultural. d. The distance of the proposed use to residential structures in each direction-- The distances from the Kennel to inhabited residential structures in each direction is as follows: East- 3000 feet Northwest 800 feet West 1200 feet Southeast-2600 feet South 2600 feet e. The maXlmuin number of users, patrons, members, and buyers- Buyers usually come one at a time. f. The number of employees, number of shifts, and hours of operation- The Kennel is a family run operation with family members residing on the property. g. The type of water source for the proposed use 960272 The existing well will provide the maximum use of 65 gallons of water per day. h. Explain the access route (s) to be utilized for the proposed use- State Highway No. 52 will be used for access. i. Explain type, size, weight and frequency of vehicular traffic associated with the proposed use- There will be no extra traffic associated with the Kennel. j . The type of sewage facilities for the proposed use-- There is an existing septic system for the home. The dog manure will he picked up and hauled from the site. A separate septic system will be constructed for the kennel. k. A description of the proposed fire protection measures associated with the proposed use- There will be no fire protection measures associated with the proposed use. 1. The type and maximum number of animals to be concentrated on the Use by Special Review area at any one time- There will be a maximum of 65 adult dogs at the Kennel at one time. m. The type and size of any waste, stockpile or storage areas associated with the proposed use. The manure from the dogs will be stockpiled and hauled away monthly. n. Type of storm water retention facilities associated with the proposed use-- There will be very little additional storm water generated by this facility. o. The schedule and method of removal and disposal of debris, junk and other wastes associated with the proposed use-- 960272 There will be no debris, junk and other wastes associated with this use. p. Explain proposed landscaping plans and erosion control measures associated with the proposed use- There are existing trees around the kennel building. q. A timetable showing the periods of time required for construction and start-up of the proposed use- It is planned to start converting the existing house to a kennel as soon as approval is obtained. 3. The following written materials and supporting documents shall be submitted as a part of the application. a. A statement explaining how the proposal is consistent with the Weld County Comprehensive Plan The proposed use is an agricultural use in an agricultural area. b. A statement explaining how the proposal is consistent with the intent of the district in which the use is located. Kennels are allowed in an agricultural district. c. If applicable, a statement explaining what efforts have been made, in the location decision for the proposed use, to conserve productive agricultural land in the agricultural zone district. The Kennel is to be in an existing farm house therefore no additional land will be used. d. A statement explaining there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the county. There will be a 4 foot high fence constructed around the exercise area. e. A statement explaining the uses permitted will be compatible with the existing surrounding land uses (include a description of existing land uses of all properties adjacent to the property) . The land on all sides of the Kennel is cropland. f. A statement explaining the proposed use will be 960272 compatible with future development of the surrounding area as permitted by the existing zone and with future development as projected by the comprehensive plan of the county or the adopted master plans of affected municipalities. The area is agricultural and is -projected to remain agricultural for many years. The site lies outside the year 2010 anticipated Fort Lupton City area as shown in the City of Fort Lupton General Plan Update 1986, land use element. g. A statement explaining the use by special review area is not located in a flood plain, -geologic hazard and Weld County Airport overlay district area; or that the application complies with section fifty (50) , overlay district regulations as outlined in the Weld County Zoning Ordinance. The Kennel area lies above the 100 year flood plain and does hot lie in any of the other zones. h. Proof that a water supply will be available which is adequate in terms of quantity, quality, and dependability (e.g. , a well permit or letter from a water district) . There is a well permit attached to this application. 1. A copy of the deed or legal instrument identifying the applicant(s) interest in the property under consideration. A deed to the property is attached to this application. j . A noise report, unless waived by the Department of Planning Services, documenting the methods to be utilized to meet the applicable noise standards. The noise from this development will not be a problem as the Kennel is located 800 feet from the nearest Home. k. A soil report of the site prepared by the Soil Conservation Service or by a soils engineer or scientist. A soils map and a soils description prepared by the Soil Conservation Service is attached. 1. A certified list of the names, addresses and the 900272 corresponding parcel identification number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet: of the property subject to the application. A certified list of the names, and addresses is attached. m. A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. A certified list of the mineral owners is attached. 2602'72 ' --/-16)" _� C�� J GI �42--' J.siAw �_/'_ .7 z-A1----7-e'-' y L-I/-—22../Tgze--e--e' c7Y.:`-11-671----4'1-1 il ll Y 1 �ir�! 1 / 6 Ii JAP! I . 1950 ;. UI _ . _..-.. ! j Meld ca. olhoiohp. Aifims5':,n. 900272 WO }I to --- T ----_r--- —----- I I I I I d I I I I I OOOIIS 2I -- 2 6'—_ *0 (TYP.1 n ❑w r /1 1 BATH \ 000 nm) \rrsso..s-.�._-�..�.... if __ I { I 1 I I I 4 I I Ir I - i //f L__ . -_- __ _-�_ T 10.3 }—/—/f I EXISTING FARMHOUSE CONVERTED INTO KENNEL • 900272 . • r.75.T5 RECEIVED ' COLORADO DIVISION OF WAT#R itESDURL&S �T 2 2X985 'E OR 818 Centennial Bld_g., 1313 Sherman St. IHT IN ACCEPTED Denny, Colorado-80203 WATER RESOURCES ,PYT OF ACCEPTED TED GIURCE sT EVENT MAILED pF F�D_ AEQUEST. STATEDFCOLORADO 55. Weld ( R COUNTY OF _ • STATEMENT OF BENEFICIAL USEDF GROUND WATER AMENDMENT OF EXISTING RECORD x LATE REGISTRATION LOCATION-OF WILL B. F. Twombly DaughterA4T_AKR • Weld HE AFFIANT(S) c/o Phillip-T. Apel cavnw ---- 4 hose mailing 3137 E. Geddes P1. at , . a, s.ri an ldress is 66 W 6th P M VEI CO 130122 Twv" l— IN N, • Rne. - eT's.w.r Ity —�D2R br•r[t Itr•i i eing duly sworn upon oath, deposes and says that 'f14 (they) P (ore) the owner(s)-of the well described hereon; the well is 2170 south section line and feet from the ocated as described above, at distances of feet from the_u f°�,,,, west section line; water from this well was first-applied to a beneficial use for the purpose(s) described herein on the _ , r.sr o• .rar' minute, the pumping fay of estiI mated 1940 19 _; the maximum sustained pumping rote of the wdlSis 13 -gallons-per rate claimed hereby is - -13 gallons per minute; the total depth of the well is est° -00 feet; thessveragennnuol-amount of water to be diverted is 1.0 acre-feet; for which-claim is hereby made for domestic pucpose(s); the legalslescriptionstf the land on which the water from this well is used is . a rox. 2 acres in ,s arcel -a roximatel 275 to 550' -south of the nr line i which and 0 to 317 feet east of the -west line Df Section 4, 21-N, t 6th ete Tf acres are irrigated_and which is illustrated on the map on the reverse side of this form; that this well was completed in compliance with the permitvpproved therefor; this statement of beneficial use of round water is filed in compliance with law; he (they) has (have) read the statements made hereon; knows the content thereof;-and that the same��f his (their) knowledge. �L(COMPLET REV# SIDE OF THISeORM) /� Signatucels) " / 7i+ - FOR OFFICE USE ONLY Subscribed an-d sworn i-�� ( -�6Je.Y 19 1.S� to-before me on this /6" — day of Cwrr Cosa No. ifrV °1 i sib My Commission expires: , Pria. -. _ I"'" mini r.u°uc - My, �CiY. _ Yr. _ % b. ACCEPTED FOR FILING BY THE STATEINGINEER DF COLORADO sir _ PURSUANT TO THE FOLLOWING CONDITIONS: 1 — We U U.. piai. �_tasm Man D's ___-- _ __ '.-.----"_________. v ..•5}pic ENGrNEER D.}E 960272 Well drilled by Lic. No. P-ermanent Lic. No. Pump installed by Meter-Serial No. ❑flow Meter Date Installed Owner of land on which water is being used THE LOCATION OF THE WELL MUST BE SHOWN AND FOR_LARGE CAPACITY IRRIGATION WELLS THE -ARE-A ON WHICH THE WATER IS USED MUST BE SHADED OR CROSSHATCHED ON THE DIAGRAM BELOW. This_diagram represents nine (9) sections.Use the CENTER SQUARE (oneaection) to indicate the location of the well, if possible. I I I I I + + + + + + + + + + + + NORTH SE e ION LI E' - .. NORTH m W + + I •-RI gr. n12u Z N +ta m \ , SOU SEC ION LI E + + + -.(.. H 'f.it.1 1- . it T ESCALE OF T E DIAGRAM IS TWO INCHES EPUALSONE-MI E + + + + + + --1 Mile WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 ocre of land 1 foot deep. 1 cubic foot per second (cfs) , , . 449 9o11onns per-minute (gpm). 1 acre-foot . . . 43,560 cubic feet . . . 325,O0 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. 100 gpm puttped continuously for one year produces 160 acre-feet. (WHITE-AN PINK COPY WILL BE FILED-WITH RETURNED TODWNER)�NGINEER SC-0272 I-f. F'.1 GGI' :I:ND:i:V:I:DUAL. SEWAGE DISPOSAL SYSTEM PERMIT NO. G-090292 WELD COUNTY HEALTH DEPARTMENT NEW PERMIT ENVIRONMENTAL HEALTH SERVICES 116 HOSPITAL ROAD, GRE:E L_EY, CO 50631 353-0635 E XT.'.:?:.•'"25 / () ,.., ADDRESS ♦ _ E .{" r _ .,,...1 -jl' (J I r 68 OWNER rst.lrlf,Tt�'�, I._T:::f::: r-IT�),IF;�:..:;.> t 3E'i'r c I"IWY 52 PH r , _a..': . _ ..... ;4 FT. L.UP'TON CO is 0621 ADDRESS OFF PROPOSED SYSTEM NEXT TO 14040 i• Y 52 FT. L.Ll P-T O N CO 80621 L_EGAL.. DESCRIPTION OF SITE : NW4 SW4 SEC 4 TWP i RNG 6: SUBDIVISION : LOT 0 BLOCK St FILING O USE TYPE : RESIDENTIAL SERVICES : IEREONS 4 BATHROOMS 2.00 I._UI SIZE 2,00 ACRES BEDROOMS 3 BASEMENT PLUMBING YES WATER SUPPLY DWELL_ APPLICATION FEE $150.1). l'LID BY RECEPTIONIST ONIST AID SIGNED BY LEE MURA1 A DATE 1 /21 /;:)9 DATE 11 /21 /189 PERCOLATION RCM MTN PER INCH LIMITING ZONE It FEET SOIL. TYPE PERCENT GROUND SL..OPk 0 DIRECTION pitREQUIRES ENGINEER DESIGN APO _ FROM THE APPLICATION INFORMATION SUPPLIED AND THE ON—SITE ON—SITE SOJ:1... PERCOLATION DATA THE FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE RE9.UIRED : SEPTIC TANK 1140 . GALLONS, ABSORPTION TRENCH 05 SQ. FT, OR qp ABSORPTION BED) 99... SQ. FT. IN ADDITION, T1 -:::' PEP MIT . .' -SUIT. E=CT TO THE FDL_LOW'ING AD TIONAL TERMS AND THIS PERMIT ]:S GRANTED TEMPORARILY TO ALLOW CONSTRUCTION TO COMMENCE:. THIS PERMIT MAY riY BE REVOKED OR r'l.l >f''!:::NIiE':I7 BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SET FORTH IN THE WELD COUNTY INDIVIDUAL. SEWAGE DISP'OS'AL SYSTEM REGULATIONS INCLUDING FAILURE TO MEET ANY TERM OR CONDITION IMPOSED THEREON DURING TEMPORARY OR I'•INAL.. APPROVAL. THE ISSUANCE OF THIS PERMIT DC)I:.`.i N(:)T :ONSTITUTE ASSUMPTION BY THE DEPARTMENT OR ITS EMPLOYEES OF LIABILITY FOR TI'• ••:t FA .E OR INADEQUACY OF Ti..!!::: SEWAGE DISPOSAL Uttik bit ? 9 ENVIRONMENT L. SPECIALIST DATE: THIS PERMIT IS NOT TRANSFERABLE RAI:LE AND SHALL. BECOME VOID IF SYSTEM CONSTRUCTION HAS NOT COMMENCED WITHIN ONE YEAR OF ITS ISSUANCE. BEFORE ISSUING FINAL APPROVAL OI'. THIS PERMIT THE: WELD COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADDI- TIONAL TERMS AND CONDITIONS REQUIRED '1.O MEET OUR REGULATIONS ON A CONTINUING BA- SIS. FINAL PERMIT APPROVAL IS CONTINGENT UPON THE FINAL INSPECTION OF THE COM- PLETED SYSTEM BY THE WELD COUNTY HEALTH DEPARTMENT. 3CO272 y WCHD-EHS' MAY, 1 ` 8 ORIGINAL-APPLICANT; �_:C'i i::•'r`•'--l.1 l:F'1 T. B 1250 REC 02199253 12/04/89 16 : '4 J10.00 1/002 /CA2199253 F 1255 ,RY ANN FEDERSTEIN CLERK a ECORDER WELD CO, CO WARRANTY DEED I THISDEED, Made this 1ST day of DECEMBER 19 89 State Document;rY Fee between M—J PERRI COMPANY, A COLORADO CORPORATION Date............... it7, 30 a corporation duly organized and existing under and by virtue of the laws of the State of , grantor, and PATRICIA L. II TERRY I II II whose legal address is 1312 DENVER AVE. FORT LUPTON, COLORADO 80621 I of the 'County of WELD , State of Colorado, grantee: • WITNESSETH,That the_grantor, for and in consideration of the sum of SEVENTY THREE THOUSAND -AND 00/100 **-*($73,000.00)*** DOLLARS, the receipt and sufficiency of which is hereby acknowledged,hasgranted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with ' improvements,if any, situate, lying and being in the County of WELD , State of Colorado, described as follows: • • SEE ATTACHED LEGAL DESCRIPTION • also known by street and number as: VACANT LAND, WELD COUNTY, _COLORAOD TOGETHER with alLand singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions,remainder and remainders,rents, issuesand profits thereof,and all the estate,right, title,interest,claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and • appurtenances. TO HAVE ANWTO HOLD the said premises above bargained and described with the appurtenances,unto the grantee,his heirs and • assigns forever.And the grantor,for itself,and its successors,does covenant,grant,bargain and agree to and with the grantee,his heirs ' and assigns,that at the time of the ensealing andifelivery of these_presents,it is well seized of the premises above conveyed,has good, li • sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and authority to grant, ' bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,encumbrances and restrictions of whatever kind or nature soever, xcept the general I real estate taxes and assessments for 1989 and subsequent years; reservations, restrictions, easements and rights of way of record if any. • The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable • possession of thegrantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular, and the use of any gender shall be applicable to all genders. • IN WITNESS WHEREOF,The grantor has caused its corporate name to be hereunto subscribed by its I I President, and its corporate seal to be-hereunto affixed,attested by its Secretary, the_day,and year-first above written. • Attest: M,1 PERRI COMPANY, A COLORADO CORPORATION t r j '$ *-r-' ;-r secretary / • __— t... 1, By (' '27f t£r�t% I.OMARSTATE DE COLORADO rp ///-y SS.../C- 6 Cc- L,/ V County of ADAMS The foregoing instrument was acknowledged before me this day o ' g B y 1ST f DECEMBER 19 8-9 by Lee Murata, cs attorney in fact for 1ST /, 4E4 0W /As //gdcMa4W of M-J PERRk OMPf NY,A- COLORADO CORPORATION a corporation. • My commission expos l OBTOB 7, 1992 )7/ / (77/1.-C.-/Witness my hand arktDffliial s6l. ._ 4- f.J-e—c,'k /J�. �/ e u (77/1.-C.-/J Notary Public • ' . 1800 LAWRENCE STREET • 4 . • DENVER, COLORADO 80202 If in Denver, insert'"City and." I•• No.40B.Rev.5.84. WARRANTY DEED(Corporation) Bradford Publishing,5825 W.6th Ave..Lakewood,CO 80214-(303)233-69111) D-a6 '-r ?+OO27Z. B 1250 REC _021Q39253 12/04/89 1-6 :33 - '1,130 2/130-2 F 1256 MARY F FEUERSTEIN CLERK & RECOIL I WELD CO, CD EXHIBIT "A" PARCEL A: Lot A of Recorded Exemption Number 1471-04-3-RE 879 recorded August 14 , 1986 in Book 112-0 as -Reception No. 20625102, being a portion of the following described property: A part of the North one-half of the Southwest one-quarter -of Section 4 , Township 1 North, Range 66 West of the 6th -Principal Meridian, Weld County, Colorado, more particularly described as : BEGINNING at the West one-quarter corner of said Section A; thence S00'00 ' 00"W on an assumed tearing along the West line of said Section 4s distance of 125.00 feet to the TRUE POINT OF BEGINNING; thence continuing SO0'00'00"'W along said West line a distance of 275 . 00 feet; thence N89' 25 '10"E, parallel to the East-West centerline of said Section 4 a distance of 316. 80 feet; thence -NOD'00 'D0"E parallel to the West line of -Section A a distance of 275 .00 feet; thence 289' 25 ' 10"W parallel to the East—West centerline a distance of 316 . 80 feet to the -TRUE POINT OF BEGINNING. TOGETHER -WITH an access -easement 15 lest vide East of the following described line: BEGINNING at a point 315. 80 feet East of the West one-quarter of said Section 4; thence S00'00 ' 00"E on an assumed bearing 2nd parallel to the West line of said Section 4 a dist-ante of 50.00 feet to the T-RUE -POINT OF BEGINNING; thence continuing S00'OD '013"E a diet-anoa of 550.013 feet to the end of said easement line. PARCEL B: A part o₹ the North one-hal₹ of the Southwest one-quarter of Section 4 , Township 1 North, Range 66 West of the 6th P.M. , more particularly described as: BEGINNING -at the West one-quarter corner of said Section 4; thence South along the West line of said Section 4 a distance of 325 .00 feet; • thence East, parallel to the East-West centerline of said Section 4 a distance of 317 . 00 feet; thence North, parallel to the West line of said Section 4 a distance of 325.00 feet to the East-West centerline of said Section A; thence West along the East-West centerline of said Section 4 a distance of 317 .90 feet to the TRUE POINT OF BEGINNING. EXCEPTING EXCEPTING THEREFROM the North 30 feet thereof. 00292 ' - AR22DD197 r.ee.a B 1251 1 022D0197 12/14/89 0-9:3. 1/-002 II.e.Puon No—_ F 0755 MARY ANN FSSIERSTEIN CLERK & RECORDER WELD CO, CO PARTIAL -RELEASE OF DEED _OF TRUST iknotn all -Ain by tfje a Prc5entL That, Whereas, M.J. PERRI COMPANY, a Color-ado Corporation " of Fort Lupton, Colorado by said Deed of Trust dated the 2nd day of December , 19 85 , and duly recorded in the office of the County Clerk and Recorder of the said County of Weld , in the State of Colorado, on the 4th day of December , 19 85 , in Book 1094 g ec. 02034597 conveyed to the Public Trustee in said Weld County, certain property in said Deed of Trust described in trust to secure to the order of * the payment of the indebtedness mentioned therein. AND, WHEREAS, said indebtedness has been partially paid and the purposes of said trust have been partially satisfied. NOW, THEREFORE, at the request of the legal holder of the indebtedness secured by said x d of-Trust, and in consideration of the premises, and in further consideration of the sum of $oranollars to me in -hand paid, the receipt whereof is hereby acknowledged, I, as the Public Trustee in said Weld County, do hereby remise,-release and -quit-claim unto the-present owner or owners of the property hereinafter described and unto the heirs, successors and assigns of said owner or owners forever, all the -right,-title and interest which I, as such Public Trustee have in-and to that part and-portion of the property, set forth and described in the aforesaid Deed of Trust, described as follows, to-wit: SEE ATTACHED EXHIBIT "A" *Philip Truman Apel aka Philip T. Apel, Velena Eggleston aka Velena G. Eggleston Virginia Steele aka Virginia G. Steele, Ronald K. Griffith, Robert C. Griffith, Karen Y Griffith, now Karen Y. Peters situate, lying and being in the County of Weld and State of Colorado. TO HAVE AND TO HOLD THE SAME, Together with all and singular the privileges and ap- purtenances thereto belonging forever. And further, that, as to the above described property, the said Trust Deed is to be considered as fully and absolutely released,cancelled and forever discharged. WITNESS my hand and seal this /3 '"e day of eit-0--4-"n4-4-4-A---1 , A. D. 19 8? . (SEAL) A.the Publie Trusts In tot County of WELD To the Public Trustee in_said County of • WELD Please execute this release, the indebtedness secured by the above mentioned Deed of Trust having been partially paid and satisfied. * See Legal Hol ders listed above BY:.._ _1. =� ..z. x=�...__..Z7rG.a�r The 1e¢.1 bolder of 1 toe round by said Dial of Trost. STATE OF COLORADO, WEED SS. County of _ The foregoing ins meat was acknowledged before me this 3 / " day of r A. D. 19 P9 r by ANNE D. NYE ... ' as the Public Trustee in said County of WELD2 la ' Colorado. X1,1 J(/p+' Witness my hand and Official Seal. 1-. i My Commission expires JUNE 6, 1992 ' Eby ` . . c 1020 9th Street, Greeley, CO 80631 Notts!'Palle Form No. 5003-Center Printing Co.,Colorado Springs,Colo. 80902 "'00272 B 1251 REC 02200197 12/14/89 09 :35 X10 .00 2/002 F 0756 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" PARCEL A: Lot A of Recorded Exemption Number 1471-04-3-RE 879 recorded August 14, 1986 in Book 1124 as Reception No . 2065102 , being a portion of the following described property: A part of the North one-half of the Southwest one-quarter of Section 4, Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, more particularly described as : BEGINNING At the West one-quarter corner of said Section 4 ; thence 600' 00 ' 00"W on an assumed bearing along the West line of said Section 4 a distance of 325 . 00 feet to the TRUE POINT OF BEGINNING; thence continuing 600 ' 00 ' 00"w along said West line a distance of 275 . 00 feet; thence N89'25 ' 10"E, parallel to the East-West centerline of said Section 4 a distance of 316 . 80 feet; thence N00'00 ' 00"E parallel to the West line of Section 4 a distance of 275 .00 feet; thence 589' 25 ' 10"W parallel to the East-West centerline a distance of 316 . 80 feet to the TRUE POINT OF BEGINNING. TOGETHER WITH an access easement 15_feet wide East of the following described line : BEGINNING at a point 316. 80 feet East of the West one-quarter of said Section 4; thence 600' 00 ' 00"E on an assumed bearing and parallel to the West line of said Section 4 a distance of 50 . 00 feet to the TRUE POINT OF BEGINNING; thence continuing 600 ' 00 ' 00"E a distance of 550 . 00 feet to the end of said easement line , PARCEL B; A part of the North one-half of the Southwest one-quarter of Section 4, Township 1 North, Range 66 West of the 6th P. M. , more particularly described as : BEGINNING at the West one-quarter corner of said Section 4; thence South along the West line of said Section 4 a distance of 325 .00 feet; thence East, parallel to the East-West centerline of said section 4 a distance of 317 . 00 feet; thence North, parallel to the West line of said Section 4 a distance of 325 . 00 feet to the East-West centerline of said Section 4; thence West along the East-west centerline of said Section 4 a distance of 317 . 00 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM the North 30 feet thereof. 9(0272 8028484 C-2 DEED GRANTING EASEMENT M-J PERRI COMPANY, A COLORADO CORPORATION, GRANTOR, IN CONSIDERATION OF ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, HEREBY GRANT, BARGAIN, SELL AND CONVEY TO PATRICIA L. TERRY, GRANTEE, OF 1312 DENVER AVENUE, FORT LUPTON, COLORADO 80621 , THE FOLLOWING: THE RIGHT TO USE AS A MEANS OF INGRESS AND EGRESS TO AND FROM GRANTEE' S LAND, A COMMON NON-EXCLUSIVE ACCESS ROAD EASEMENT COVERING LAND IN THE COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS: THAT PART OF THE NORTH 1/2 OTHEF SOUTHWEST OF NORTH. RANGE 66 WEST OF THE 6TH P.M BEING MORE PARTICULARLY DESCRIBED 1 RIBED AS: BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 4; THENCE SOUTH 00 DEGREES 00' 00" WEST ON AN ASSUMED BEARING ALONG THE WEST LINE OF THE SW1/4 OF SECTION 4 A DISTANCE OF 50. 00 FEET TO THE SOUTH R.O.W. LINE OF STATE HIGHWAY 52 ; THENCE NORTH 89 DEGREES 25' 10" EAST PARALLEL WITH THE NORTH LINE OF SAID SW1/4 A DISTANCE OF 301 . 80 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 25' 10" EAST A DISTANCE OF 200. 00 FEET; THENCE SOUTH 00 DEGREES 00' 00" WEST PARALLEL WITH SAID WEST LINE A DISTANCE OF 40. 00 FEET; THENCE SOUTH 89 DEGREES 25' 10" WEST PARALLEL WITH SAID NORTH LINE A DISTANCE OF 170. 00 FEET; THENCE SOUTH 00 DEGREES 00 ' 00" WEST PARALLEL WITH SAID WEST LINE A DISTANCE OF 510. 00 FEET; THENCE SOUTH 89 DEGREES 25' 10" WEST PARALLEL WITH SAID NORTH LINE A DISTANCE OF 30. 00 FEET; THENCE NORTH 00 DEGREES 00' 00" EAST PARALLEL WITH SAID WEST LINE A DISTANCE OF 550. 00 FEET TO THE TRUE POINT OF BEGINNING. THE EASEMENT DESCRIBED HEREIN SHALL RUN WITH THE LAND AND SHALL BE FOR THE BENEFIT AND USE OF THE GRANTEE, HER HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS. M-J PERRI COMPANY, A COLO. CORPORATION DATE: �J �� BY �( / 77l <,e.C /� C-7/fr" � I,EE T. MURATA, AS ATTORNEY IN FACT STATE OF COLORADO ) ) SS. COUNTY OF WELD ) THE FOLLOWING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 2 677/ DAY OF PrcE71, ;e- , 1989• BY THE M-J PERRI COMPANY BY LEE T. MURATA, AS ATTORNEY IN FACT. MY COMMISSION EXPIRES: /1/2.4)/ 97O :o c-03,..,, •do o • NOTARY PUBLIC ' �11E1nO' :r WITNESS MY HAND AND OFFICIAL SEAL. = -{jJy10 ,. • 900272 $. r s -¢C V.,. F i , ri soil survey of 'r5; 0 #. .� �.w 4E ' { Yt4n ry '�E` A ,., .F •f 3 }?.. y> C £ ffKe t L' ,�w. ' tri•t, 4 �. is s , '` x d1 `.` We d an ty.: oicr i r '^. ya rm k' 'f R i we .`. Southern wPcartN ; ' bF j` 1£4 3 1 liiY � t \f ea�<A9��,,}t � 4J •'{Ills t'•;#•... s 4 s 'f t ≥ ""F• 4 e ant +a',! ` ., v4 p ,=�, 4 i e � �� k� l , t �4 � 4 i •1 c p P ti"'� '�a r � s �'N l t •y� � � y ' S 3 b B.rq a P} 'Q., } ty f.. a f,ci tb 4 .'/ • r, 1 �' '` .. 4, 04,1"4,•"',',14lFr, tl' r}, ��f' ' • //pp1 , t 1i)}}Y„ i F v (fir United States Department of Agriculture Soil Conservation Service in cooperation with Colorado Agricultural Experiment Station 9CC272 • VI e N ^ ( . N r y •1 • • N �'.�I N r r *Ai* N , 46)` fir. ti m f;# N C• ///T---�� on m tiyt } 4 ,,, A , NJIro • I_ • it a J C w 15w Ii--I ,'. • e Zw11 t . O4 p. GO .j pp Ln n • : " m ,cr, " Tn m IMIMP .Fry i.. n '. NOINO m Jlfpv/ ^ t } I+ �' N 1........:I.:- _ m i r O 1yf.N• tn n e3r4c . iii m +, n \ w m 'CC. n ‘` it tI� b1PC ili'.• j(Y c,- f Y •L 4.1 l o tWas.,". v m e° .y i, .. # a .: (.. • pi 4.,... . m 9CO272 %) n tt It ', .. __/ NOASn. \ .. .. oY`II�T °i / —� \ ° 32 SOIL SURVEY ble years to 1,800 pounds in unfavorable years. As range condition deteriorates, the sand bluestem, sand reedgrass, and switchgrass decrease and blue grama, sand dropseed, and sand sage increase. Annual weeds and grasses invade the site as range condition becomes poorer. Management of vegetation on this soil should be based • on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sand bluestem, sand reedgrass, switchgrass, sideoats grams, blue grams, and pubescent wheatgrass are suita- ble for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. Windbreaks and environmental plantings are generally suited to this soil. Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul- tivating only in the tree row and by leaving a strip of 47—Olney fine sandy loam, I to 3 percent slopes. vegetation between the rows. Supplemental irrigation This is a deep, well drained soil on plains at elevations of may be needed at the time of planting and during dry 4,600 to 5,200 feet. It formed in mixed outwash deposits. periods. Trees that are best suited and have good survival Included in mapping are small areas of soils that have a are Rocky Mountain juniper, eastern redcedar, ponderosa dark surface layer. Some small leveled areas are also in- shrubs best suited are skunkburian elm, lsh sumac, lilac,ive, and and iber rry. The eluded. Typically the surface layer of this Olney soil is grayish an peashrub. brown fine sandy loam about 10 inches thick. The subsoil Wildlife is an important secondary use of this soil. The is yellowish brown and very pale brown sandy clay loam cropland areas provide favorable habitat for ring-necked about 14 inches thick. The substratum to a depth of 60 pheasant and mourning dove. Many nongame species can inches is very pale brown, calcareous fine sandy loam. be attracted by establishing areas for nesting and escape Permeability and available water capacity are cover. For pheasants, undisturbed nesting cover is essen- moderate. The effective rooting depth is 60 inches or tial and should be included in plans for habitat develop- more. Surface runoff is medium, and the erosion hazard is ment, especially in areas of intensive agriculture. Range- low land wildlife, for example, the pronghorn antelope, can be In irrigated areas this soil is suited to all crops com- attracted by developing livestock watering facilities, monly grown in the area, including corn, sugar beets, managing livestock grazing, and reseeding where needed. beans, alfalfa, small grain, potatoes, and onions. An exam- Rapid expansion of Greeley and the surrounding area ple of a suitable cropping system is 3 to 4 years of alfalfa has resulted in urbanization of much of the Olney soil. followed by corn, corn for silage, sugar beets, small grain, This soil has good potential for urban and recreational or beans. Land leveling, ditch lining, and installing development. The only limiting feature is the moderately pipelines may be needed for proper water application. All rapid permeability in the substratum, which causes a methods of irrigation are suitable, but furrow irrigation is hazard of ground water contamination from sewage the most common. barnyard manure and commercial fer- lagoons. Lawns, shrubs, and trees grow well. Capability tilizer are needed for top yields. subclass Ile irrigated, IVe nonirrigated; Sandy Plains In nonirrigated areas this soil is suited to winter wheat, range site. barley, and sorghum. Most of the acreage is planted to 48—Olney fine sandy loam, 3 to 5 percent slopes. winter wheat. The predicted average yield is 28 bushels This is a deep, well drained soil on plains at elevations of per acre. The soil is summer fallowed in alternate years 4,600 to 5,200 feet. It formed in mixed outwash deposits. to allow moisture accumulation. Generally precipitation is Included in mapping are small areas of soils that have a too low for beneficial use of fertilizer. dark surface layer and small areas of soils that have Stubble mulch farming, striperopping, and minimum til- sandstone and shale within a depth of 60 inches. lage are needed to control soil blowing and water erosion. Typically the surface layer of this Olney soil is grayish Terracing also may be needed to-control water erosion. brown fine sandy clay loam about 8 inches thick. The sub- The potential native vegetation on this range site is soil is yellowish brown and very pale brown fine sandy dominated by sand bluestem, sand reedgrasa, and blue loam about 12 inches thick. The substratum to a depth of grama. Needleandthread, switchgrass, sideoats grama, 60 inches is very pale brown, calcareous fine sandy loam. and western wheatgrass are also prominent. Potential Permeability and available water capacity are production ranges from 2,200 pounds per acre in favora- moderate. The effective rooting depth is 60 inches or 1 9C 0272 WEL )UNTY, COLORADO, SOUTHERN PART 33 more. Surface runoff is medium, and the erosion hazard is ment, especially in areas of intensive agriculture. Range- low land wildlife, for example, the pronghorn antelope, can be In irrigated areas this soil is suited to the crops corn- attracted by developing livestock watering facilities, monly grown in the area. Perennial grasses and alfalfa or managing livestock grazing, and reseeding where needed. close grown crops should be grown at least 50 percent of Rapid expansion of Greeley and the surrounding area the time. Contour ditches and corrugations can be used in has resulted in urbanization of much of this Olney soil. irrigating close grown crops and pasture. Furrows, con- The soil has good potential for urban and recreational tour furrows, and cross slope furrows are suitable for row development. The only limiting feature is the moderately crops. Sprinkler irrigation is also desirable. Keeping til- rapid permeability in the substratum, which causes a lage to a minimum and utilizing crop residue help to con- hazard of ground water contamination from sewage trol erosion. Maintaining fertility is important. Crops lagoons. Lawns, shrubs, and trees grow well. Capability respond to applications of phosphorus and nitrogen. subclass IIIe irrigated, IVe nonirrigated; Sandy Plains In nonirrigated areas this soil is suited to winter wheat, range site. barley, and sorghum. Most of the acreage is planted to winter wheat. The predicted average yield is 26 bushels per acre. The soil is summer fallowed in alternate years to allow moisture accumulation. Generally precipitation is too low for beneficial use of fertilizer. Stubble mulch fanning, striperopping, and minimum til- lage are needed to control soil blowing and water erosion. Terracing also may be needed to control water erosion. The potential native vegetation on this range site is dominated by sand bluestem, sand reedgrass, and blue grams. Needleandthread, switchgrass, sideoats grama, and western wheatgrass are also prominent. Potential production ranges from 2,200 pounds per acre in favora- ble years to 1,800 pounds in unfavorable years. As condi- tion deteriorates, sand bluestem, sand reedgrass, and switchgrass decrease and blue grama, sand dropseed, and • sand sage increase. Annual weeds and grasses invade the site arrange condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sand bluestem, sand reedgrass, switchgrass, sideoats grams, blue grama, pubescent wheatgrass, and crested wheatgrass are suitable for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. Windbreaks and environmental plantings are generally suited to this soil. Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul- tivating only in the tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation may be needed at the time of planting and during dry periods.Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, and Siberi- an peashrub. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- 900272 w.. AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Lot A of Recorded Exemption Number 1471 -04-3 RE 879 in NW1 /4SW1 /4 Sec . 4 , T1N, R66W SATE 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 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, 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 30 days of the application submission date. / The foregoing instrument was subscribed and sworn to before me this c)77- day N-Cifhr�e-72 , 19 87 , by ?477?1? A Jt- - —T-E/Z2y WITNESS my hand and official seal. My Commission expires: 1 ky � I�9 ° / ¢� C ( grr/� b Ucsz e / v• A"• "ie •`. otary Public C:M.11 PU fl -\`':' �r •... .. o , FOF co' 900272 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION # Aims Farm c/o Joseph Guetlein, 5305 W 86th Ave. , Arvada, CO 801003 1471 -04-0-00-066 M-J perri Company, 13877 Colorado Highway 52 , Fot Lupton, CO 80621 1471 -04-0-00-067 Phyllis Appel , Lawrence Atler c/o Phyllis Reckler , P.O. Box 873 Glen Eden, OR 97388 1471 -05-0-00-022 Pillip Atel Etal c/o B.T. Griffith, 435 Colorado Road 239 , Durango, CO 81301 1471 -05-0-00-045 S00272 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Lot A of Recorded Exemption Number , 1471 -04- 3-RE 879 in NW1 /4SW1/4 Sec . 4 , T 1 N, R 66 W STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of minerals on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder' s Office, from an ownership update from a title or abstract company, or an attorney. C> ,� 5/— � y"-O O- Cli 6' 27 i?er - 5 ; „, U The foregoing instrument was subscribed and sworn to before l me this /7nfday of vrC �Y'� Elli /5 — , 19 9 , By Pf%g1 L P;4 - - TEle-Cy WITNESS my hand and official seal. My Commission expires: MX/ S) I�9 rotary Public 900272 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification _requirements of Weld County in the case #USR-906 for Patricia L. Terry in the United States Mail postage prepaid First Class Mail by postal card as addressed on the attached list. This 2nd day of January, 1990. 4,2157777 -'777 TO: SURROUNDING PROPERTY OWNERS OR OWNERS AND LESSEES OF MINERALS IN ACCORDANCE WITH WELD COUNTY'S NOTIFICATION REQUIREMENTS. The Weld County Planning Commission will hold a public hearing on Tuesday, February 6, 1990, at 1:30 p.m. in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, concerning the request of: CASE NUMBER: IJSR-906 APPLICANT: Patricia L. Terry REQUEST: Site Specific Development Plan and a Special Review permit for a dog kennel. LEGAL: Lot A of RE-879, located in part of the NW* SWI of Section 4, T1N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approxiamtely 1/2 mile west of Weld County Road 29-1/2, south of State Highway 52. For more information call Keith A. Schuett, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, CO 80631 Phone 356-4000, Ext. 4400 960272 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET ipe, GREELEY,COLORADO 80631 COLOR AI)O NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, February 6, 1990, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review Permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Patricia L. Terry LEGAL DESCRIPTION: Lot A of Recorded Exemption #879 located in part of the NW* SW} of Section 4, T1N, R66W of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF PROPOSED USE: Dog Kennel LOCATION: Approximately .5 mile west of Weld County Road 29-1/2 and south of State Highway 52 SIZE: 2 acres, more or less The public hearing will be held 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 February 6, 1990. 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 80631 - Phone - 356-4000, Extension 4400. Ernie Ross, Chairman Weld County Planning Commission To be published in the New News To be published one (1) time by January 22, 1990 f Received by: , l Y/off Date: 200272 STATE OF COLORADO ) . COUNTY OF WELD •, David 2. Reynolds, being duly sworn , says that he is publisher of the New News, a weekly newspaper published in h:f:enesburg in said County and State; that said newspaper has a gener_a.l. circulation in said County and has been continuously and uninterruptedly published therein , genii DF PUBLIC HEARINGduring a period of at least Tfi eld County Planning Commission will hold a public fifty-two consecutive weeks prior to on Tuesday, February 8, 1998, at 130 p.m. for the purpose the first publication of the annexed of considering a Site Spec Development Plan and a Special notice that said newspaper is a Review Permit for the ero7erty dascribed below. Approval of the newspaper within the meaning of the request may re51e nt aani to act of the General. Assembly of the Colors` ol.aw.State of Colorado, entitled "An Act Mica:HM I'Loi of Recorded Exemption No. 879 to regulate the printing of legal rt the NM/01 SW1/4 of in Section 4,of N T1N, R of notices and advertisements, " and the 6th P.M., Weld County, Colorado amendments thereto; that the notice TYPE AND INTENSITY of PROPOSED USE: Dog Kennel of which the annexed A. a printed LOCtulle9Aweest:of Wep1drnatelyCounc Road copy taken from said newspaper, was 1/2 and south of State Highway 52 i n said d newspaper, a n d i n SI7.F: 2 acres,more or leas published The bile hearing will be held in the regular and entire issue of Hearing Room,, F'irst Floor,w a every number thereof , once at every C,ouriTentb�stxCe Gruel Greeley, Colorado. �_r l„±u r week for / weeks; that said Comments or Qbiectlona re ted to the above asst show ne notice was so published in said submitted t in topartment of the Weld Services, 915 Tenth Street, Room newspaper proper- and not in any s42,Greae Colorado 88831 before supplement thereof , h„ the above date or presented at the and that the public hearing on February 8, first publication of said notice as Copies of the application are available for public inspection in aforesaid , was on the the Department of Planning Services Room 542, Weld County 7 Centennial Center 915 Tenth V day of , i r)--i Street, Greeley' C05orado 88651 - L` ..+ l, Phone-568 4008,irman Extenaton 4400. n the last p the _.__.._._. Wedec P • Commission To be fished one (1) time by 1990 in the New News, L _ d ct'y 6f -r- ._ sl.•�' _._.._._._, :1`.199 ). January 4,1918. W • a• , ,) L—) Subscribed and sworn to before .tti : z c ... /cc- me c- me this If_.._ .P..day of y4 i4, 19g9. k_e(.. .."-c( Ail-,‹,/--- N7 .are Public 1' ,v ,-;]i"\\16- "� ,;�- -- tley° commission expires 9-..i2..-9O (��i `i.,1; - : ti , , _ t u JMI 1 2. 15;J j _ id th plittiaink ,:mnntl .lm 960272 LAND-USE APPLICATION SUMMARY SHEET Date: January 30, 1990 CASE NUMBER: USR-906 NAME: Patricia L. Terry ADDRESS: 1312 Denver Avenue, Fort Lupton, CO 80621 REQUEST: A Site Specific Development Plan and a Special Review permit for a dog kennel (65 adult dogs and 150 pups) LEGAL DESCRIPTION: Lot A of RE-879, located in part of the NW* SW$ of Section 4, T1N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles west of Weld County Road 29-1/2 and south of State Highway 52 SIZE OF PARCEL: 2 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: 'Ihe criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations for the Weld County Health Department, Platte Valley Soil Conservation District, State Highway Department, Fort Lupton, Fire Protection District and the Weld County Building Inspection Department. Referral responses have not been received from the -Town of Fort Lupton and the Division of Water Resources. No objections have been received by the Department of Planning Services' staff from surrounding property owners. In a letter dated January 21, 1990, Patricia Terry indicated that the proposed dog kennel is for small breeds, tiny toys, toys, and miniatures. The dogs range from three pounds to fourteen pounds with a height of 5 inches to 15 inches. In a phone conversation on January 29, 1990, Mrs. Terry indicated that the breeds of dogs to be located in the kennel would be pekingese, poodle, pomeranian, schnauzer, dachshund, cocker spaniel, and the cross breeds of these dogs. 9' 0272 \ so .A. it•IE : 77:1Z. . 1 9.•-•• q . V --. , , ,• -_ ,,..,, . ...___, _ __., , , , . . 5 2 ., _•.,. . 8ty, 2 1 2 j • ��i kG _ R„a ' . fr ? _ sal I il 11 T • 11)---.: r •1' �� 1 13 I• r, I I .. yr �� . • �,k . � /I1)� G"1 xJ - ,IG•� \ G •x= I . x, I• ,II xo 21 ,.,_// n l ea ' CC...((,, . • G '1' I(1( x. xexi a a )o. •� K x• a • III a �z] • w n . „ fir. r} L tL ` I i,,Ha 1 i 31 a 1 p . u. 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LUp4br 3� YF: e flVii 4 . . 14.ivi p. 2 u � ,:r. N illeimmip _r , .. _ ° N ,,-:.:, .- or ..... la . .„.. . .. , ,...2:::1!41,,,,t;„....„,....,::::,..•.„.__-:4_,.:__:, , , -41;i: :,,,,,,..ii„.:„:,-.7,..,5!,....1t..:: .....:. : • . / // -, ,,,,..i..i..,.....,...ii....,„.„...,,..,..,......., _,_ C fayn %Viz?$ ci:, sn'Y.„.. . .... .. • r '�: L.up-Vo n .. '. // • ___,,m;,.:-.: ••••• ••• • ..,,,„,,„:„,....,,.„.„,q_, ti::::. 7i �.• ,N� kY I SJ - R r{G ti' d .. i 1, ,1, t ..:".43! ii::::7:7!*;.•:'1 r:C.•,' i.!:.•.::. ,,,. r ,,,, ,.... :-.-O , . tit . . .„ •...:: ..7.....„.1, : .,. .. v.:. .,-1,,,, .. ::::-.:i:7..., art ,..:;? :, . ..!=.1:..:.:•,.: „,:43.:11,,....it41,,,r.i-4;:i, .:Sa,Yky" a(S t `±• t -.-'a*a a.' `i- s.a ¢ £s, 1 FIELD CHECK Filing Number: USR-906 Date of Inspection: /O0 Applicant's Name: Patricia L. Terry Request: Site Specific Development Plan and a Special Review Permit for a dog kennel. Legal Description: Lot A of RE-879, located in part of the NWI SW* of Section 4, T1N, R66W of the 6th P.M. , Weld County, Colorado Location: Approximately .5 miles west of Weld County Road 29-1/2, south of State Highway 52. ) Land Use: N Gf///4dq'c/fl �L�-i.ei e� ,deeW Zoning: N A (Agricultural) E A (Agricultural) Th,. ti ` nl `J�rL S A (Agricultural) .1AM 19; , W A (Agricultural) , t; COMMENTS: Weld CB: Plan'' o.�� y/a V24 ,mss IC for 65 arc-11- Signature of Board Member 900272 FIELD CHECK FILING NUMBER: USR-906 DATE OF INSPECTION: January 5, 1990 NAME: Patricia L. Terry REQUEST: A Site Specific Development and a Special Review permit for a dog kennel with a maximum of 65 adult dogs and 150 pups LEGAL DESCRIPTION: Lot A RE-879, located in part of the NWe SWe of Section 4, T4N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles west of Weld County Road 29-12/; south of State Highway 52 LAND USE: N Abandoned farm residence, State Highway 52 E Farm production S Farm production W Farm production ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: An abandoned dwelling, to be used for the kennel building, is located on the property. The surrounding land uses are farm production with rural residence to the northwest. The property is basically flat with a slope from the north down to the south. The access to the property is by a 30 foot access easement to State Highway 52. By:47-e-' 404 eith A. Schuet Current Planner 900272 REFERRAL LIST NAME: Patricia L. Terry CASE NUMBER: USR-906 REFERRALS SENT: December 29, 1989 REFERRALS TO BE RECEIVED BY: January 12, 1990 COUNTY TOWNS and CITIES Attorney _Ault �X Health Department _Brighton _-Extension Service Dacono _Emergency Management Office Eaton _Sheriff's Office _Erie _Engineering _Evans _Housing Authority Firestone Airport Authority X Fort Lupton :X Building Inspection Frederick _harden City STATE Gilcrest "k Division of Water Resources _Greeley _Geological Survey Grover ,,Department of Health Hudson ✓X Highway Department Johnstown _Historical Society _Keenesburg -Water Conservation Board Kersey _Oil and Gas Conservation Commission La Salle Lochbuie FIRE DISTRICTS Longmont Ault F-1 Mead _-Berthoud F-2 Milliken _Brighton F-3 New Raymer_ _Dacono F-19 Nunn / Eaton F-4 Platteville /X Fort Lupton F-5 Severance Galeton F-6 Windsor Hudson F-7 Johnstown F-8 COUNTIES La Salle F-9 Adams_ Longmont F-10 _Boulder '_Milliken F-11 _Larimer _Nunn F-12 _Pawnee _Platteville F-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 US Army Corp of Engineers Poudre Valley F-15 7t—USDA-APHIS Veterinary Service _Raymer _Federal Aviation Administration _Southeast Weld F-16 Federal Communication Commission _Windsor/Severance F-17 Wiggins F-18 _Western Hills F-20 SOIL CONSERVATION DISTRICTS X_Brighton OTHER Fort Collins _Central Colo. Water Conservancy Dist. Greeley _Panhandle Eastern Pipe Line Co. _Longmont _Tri-Area Planning Commission West Adams COMMISSION/BOARD MEMBER X Bud Halldorson 960272 PLATTE VALLEY 60 S. 27th Avenue SOIL CONSERVATION Brighton , CO E:O601 DISTRICT Tel ephone : 659-7004 . anuary 4, 1990 Mr . Keith A. Schuett P I[��S'�[rW) Weld County F i aria i n;� Department t( 915 Tenth Street , Room =42 lr� 5 Gree ! ey, CO =,06:31 U� WEIG I;ar. alai,mnt urlmil5Klui RE: Case No: IJSR-'2Cit, Patricia L. Terry :`Near Mr . Schuett : The sc i ! i n this area has a low strength tolerance for local roads and streets . Roads =•thou i d be gravelled or hard surfaced to;, help prevent erosion and dust . This so i l is Prime Farmland according to the important Farmland Map for. Weld County, Colorado. In the write up under item 3.d . , it states that a 4 ' high fence will be constructed around the exercise area. This exercise area was not sr:own on the Spec i a i Review Permit Map . However , we object to a are bare area which most dog raisers want for an exercise area. We fee ; that ail roads and heavy use areas , such as walk ways , s•nc'u : d be gravelled led or hard surf aced. Ali ctier areas should be seeded to adapted grasses for sc i ! protection and erosion prevention. Sincerely, 62, Clyde Abbebee t•t , President ioard of Supervisors 960272 STATE OF COLORADO DIVISION OF HIGHWAYS 40c Ss P.O. Box 850 ig r,$ Greeley, Colorado 80632-0850 '; (303) 353-1232 ° �o4<o�oe January 9, 1990 Weld Co. , S.H. 52 Terry Kennels Site Plan and Special Review DOH File 45100 Mr. Keith Schuett, Planner _Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Schuett: We have reviewed the Site Specific Development Plan for Terry Kennels, and we have the following comments. Projected traffic on State Highway 52 indicates the need for a 150 foot total right of way, 75 feet on each side of the highway centerline. Since the Terry Parcel does not currently have frontage along State Highway 52, the usual request for reservation or dedication will not be made. An access permit should be applied for and issued for the access to S.H. 52 so conformance to the requirements of the Access Code may be maintained. Our comments on the access are based on the information presented for this property only. If the property owner has any in- terests or ownership in adjacent property along the highway, this in- formation should be provided since it may affect our comments. -Thank you for the opportunity to review this Site Development Plan. Please contact me at 350-2163 if you have any further questions. Very truly yours, DOUGLAS D. RAKES DISTRICT ENGINEER Evan A. Hoo r, Jr. EAH:smw -Development/Access Coordinator cc: L.D. Yost -A.G. Sherriff File: Hooper via Crier JAN 1 'i 19990 SC(J2n. clt ,,,_: Ft. Lu.ton - Arik s " �oitt dW f w/3 tt&i `� zokcfosv futi ,G AA ��`� 1121 DENVER AVE. EMERGENCY 857-6619 v FT. LUPTON, CO 80621 OFFICE 857-4603 FARE DEP1 JANUARY 3 , 1990 TO WHOM IT MAY CONCERN : In review of the application from Patricia L . Terry for a dog kennel , we refer to the 1988 Uniform Fire Code section 10 . 301 . ( a ) The chief shall designate the type and number of fire appliances to be installed and maintained in and upon all buildings and premises in the jurisdiction other than private dwellings . This shall be done according to the rel - ative severity of probable fire , including the rapidity with which it may spread . Such appliances shall be of a type suitable for the prob- able class of fire associated with such building or premises and shall have approval of the chief . We are requiring one 101b A B C fire extinguisher to be installed in the house that is designated for the dog kennel Thank you , ' Larry Richardson Fire Marshal 6a I woo ch ° 200272 INTERNAL CASE MEMORANDUM (77- TO: Keith A. Schuett FROM: Roger F. Vigil NAME: Patricia L. Terry LEGAL DESCRIPTION OF PROPERTY: NW* SW* of Section 4, TIN, R66W of the 6th P.M. , Weld County, Colorado DATE: January 2, 1990 CASE NUMBER: USR-906 -House that is requested as a kennel will require all buildings and electrical permits to remodel. If plumbing or heating is installed, permits will also be required. 9C 0272 lag {tECEPIED DEPARTMENT OF PLANNING SERVICES JAN 1990 PHONE(303)356-4000,EXT.4400 915 10th STREET IIiOIt GREELEY,COLORADO 80631 CASE NUMBER USR-906 COLORADO December 29, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Patricia L. Terry for a Site Specific Development Plan and a Special Review Permit for a dog kennel. The parcel of land is described as Lot A of RE-879, located in part of the NW* SW& of Section 4, T1N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .5 miles west of Weld County Road 29-1/2, south of State Highway 52. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by January 12, 1990, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it _ does/does not) comply with our Comprehensive Plan for the following reasons. j • tv .-.•ti r ; . 12. We do not have a Comprehensive Plan, but we feel this request i= (is/is not) compatible with the interests of our town for the following reasons: LI g, T:. e: lI J 1 / ` h —r;3. V We have reviewed the request and find no conflicts with our a tl il c'. interests. v c 4. A formal recommendation is under consideration and will be ao � ;6 submitted to you prior to: �_�.c3 VI w 5. Please rifer to the enclosed letter. ,� I • I Qn� Signed: U�%+,t ki. v, _ Agency: U•S.be f,o' VSDA AP?II^ r ^,t,. t 1 Care Date: II&j 960272 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 Ci CASE NUMBER USR-906 COLORADO December 29, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Patricia L. Terry for a Site Specific Development Plan and a Special Review Permit for a dog kennel. The parcel of land is described as Lot A of RE-879, located in part of the NWI SW} of Section 4, T1N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .5 miles west of Weld County Road 29-1/2, south of State Highway 52. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by January 12, 1990, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. G-= h@r the appropriate boxes below and return to our address listed above. r. .ti 1. We have reviewed this request and find that it _ ,,}L1 does/does not) comply with our Comprehensive Plan for the a r .JyOI following reasons. x -s� Z-02. We do not have a Comprehensive Plan, but we feel this request �' 2 (is/is not) compatible with the interests of our town for the following reasons: 3 . ✓ We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5._5�/// Pleas refer to the enclosed letter. / //� '1"1,117 .79/29(4114/15540141-40(07T1 Signed: �( ��/ Agency: L�/ c/ti (/v Date: //7/90 200272 SURROUNDING PROPERTY OWNERS PATRICIA L. TERRY USR-906 Aims Farm c/o Joseph Guetlein 5305 West 86th Avenue Arvada, CO 80002 M-J Perri Company 13877 Colorado Highway 52 Fort Lupton, CO 80621 -Phyllis Appel Lawrence Atler c/o Phyllis Reckler P.O. Box 873 Glen Eden, OR 97388 Tillip Atel, etal c/o B.T. Griffith 435 Colorado Road 239 Durango, CO 81301 900272 MINERAL OWNERS Fillip Atel Etal c/o B.T. Griffith 435 Colorado Road 239 , Durango, CO 81301 900272 ra,ttf(ii DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET 11 I I p ce GREELEY,COLORADO 80631 COLORADO December 29, 1989 Mrs. Patricia L. Terry 1312 Denver Avenue Fort Lupton, CO 80621 Subject: USR-906 - Request for a Site Specific Development Plan and a Special Review Permit on a parcel of land described as Lot A of Recorded Exemption #879, part of the NW* SW} of Section 4, T1N, R66W of the 6th P.M. , Weld County, Colorado Dear Mrs. Terry: Your application and related materials for the request described above are being processed at the present time. I have scheduled a meeting with the geld County Planning Commission on Tuesday, February 6, 1990, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Fort Lupton Planning Commission for its review and comments. Please call Tracy Reynolds at Fort Lupton City Hall for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. it is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. -Sometime prior to January 24, 1990, you or a representative should call me to obtain a sign to be posted on the site no later than January 27, 1990. 960272 _Mrs. Patricia L. Terry December 29, 1989 Page 2 The Department of planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, ea A. % uett ted Current Planner KAS:rjg • 900272 January 2 , 1990 Weld County Planning Dept. 915 10th Street Greeley, CO 80631 1E: Terry Kennel USR Dear Sir; This letter is to answer additional questions on the Terry Kennel USR application. The manure will be deposited in a dumpster. The total number of animals will be 65 adults and 150 puppies. The proposed septic system for the Kennel is placed 100 feet from the existing well. The proposed fence is 4 foot high chain link panels as the anticipated dogs will be small breeds. The dogs raised at this kennel will be registered with the Anve-i-seaxi Kennel Club. Sincerely; /� Patricia L. Ter1y 9I iv 1990 PORT-NqL-7 X31._> t.. 9CO272 c�7n/] Le° /6,2„-,A) 722A . Ja ---J r.-uy <« /, -c4 a 2a i-5(902c- <� Zo-Z z/ � 22-2 z/ Win; -I/ _..-6_72PK ..2j Li J7 %I o / -% r7---9 2 ` j22( -22- ` - '-ec ??_ / / . �zz-/S ; :-...S e-� c-- _,A'_L2 Lr °L' / c - / 1i1GfLc-7. K __,4171.--/ . 10.16t'glyrc 571 II 7 P,`; JAN 2 3 1990 'NelA Co. Plaws* , um,i sso \ DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 61510th STREET GREELEY,COLORADO 80631 �i CASE NUMBER USR-906 COLORADO December 29, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Patricia L. Terry for a Site Specific Development Plan and a Special Review Permit for a dog kennel. The parcel of land is described as Lot A of RE-879, located in part of the NW* SW} of Section 4, T1N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .5 miles west of Weld County Road 29-1/2, south of State Highway 52. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by January 12, 1990, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. Jl We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3F X We have reviewed the %/request�,/ and find no conflicts with our [r interests. 'Tu Eck md,IrS J >47TACHE b. 4. A formal recommendation is under consideration and will be -submitted to you prior to: 5. P1 -se refer to the enclosed letter. Sig Agency: /.e fr higi A) Y°.nit/Nutie 'i4/c:r d cogMss/m (J Date: ,q/c l9q v /� vy _900272 CITY OF FORT LUPTON PLANNING AND ZONING � COMMISSION 'u i V/ , • J� J r v , t...J�], ,;�� i ~ • RECORD OF PROCEEDINGS i I 1 "i ri i Wel0 I u. tai „aiAi MS`AII JANUARY9�._.._199 0 The meeting was called to order by Alan Sandberg . Members present : LeAnn Long Alan Sandberg Gale Custer Ed Engle Jean Davis Tracey Reynolds, Staff Minutes from the previous meeting (November 14, 1989 ) were approved as presented . NEW BUSINESS SKETCH PLAN REVIEW - "Maranatha Subdivision" for Seventh Day Adventist Church . Tracey Reynolds asked that this item be continued to the following meeting to allow time to gather more information regarding water service to this area . The request was granted . Weld County Referral : USR-906 Special Use Review for a Dog Kennel . Application by Patricia Terry. Location: . 5 miles west of Weld Co . Rd 29 1/2 and south of State Highway 52 . Cecil Crowe of Alpha Engineering represented the applicant . He stated that this area was outside the 2010 growth area and that the special u-se permits were reviewed annually. There would be a maximum of 65 small adult dogs and the pups which would be sold . Concern by the Commission was expressed over waste removal and it was recommended that waste be stored in a covered dumpster and removed weekly. Containment of the animals was then discussed . It was suggested that a 6 ' chain link fence would be more appropriate than the 4 ' fence . The area is not immediately adjacent to the highway, so it was not deemed necessary to screen the operation . ,ACTION: It was then moved by Ed Engle and seconded by Alan Sandberg to recommend approval to the Weld County Planning 9M0272 January 9, 1990 - Payc: 1 Commission so long as Weld County' s requirements are complied with . Weld County Referral : Recorded Exemption. Application by Harlan Gartrell to create a new home site . Location : 13767 WCR 29, West of WCR 29 and north of WCR 8 . ACTION : Moved by Ed Engle and seconded by LeAnn Long to r-eturn the application to Weld County stating that it was outside our growth area and would have no impact . Other Business : Tracey Reynolds advised the Commission that the application to the County for the fuel injection wells was pending more information from the State Health Department . She also advised them of planning and zoning items that were upcoming . 1 . Expansion of Methodist Church 2 . Annexation and subdivision of land for Spanish Assembly of God Church 3 . Subdivision of land for Seventh Day Adventist Church Gale Custer advised of an open house that the Canning factory would be hosting on January 27th to present information on a proposed fish farm. -There being no further business, the meeting was adjourned. 300272 January 9, 1990 -- Paige 2 Hello